Executing enforcement orders - conditions for appointment
1. 5. 2014 | Source: Point of Single Contact (PSC) Czech Republic
This document sets forth conditions and further information applying to appointment as a licensed executor (court bailiff).
Any Czech citizen may be appointed a licensed executor, providing that they:
- have full legal capacity
- have completed their full university education at a Faculty of Law of a university established in the Czech Republic
- is a person of probity
- have completed at least three years of traineeship as a licensed executor – traineeship as a licensed executor denotes practicing as a licensed executor, a licensed executor candidate or licensed executor trainee pursuant to the present Act. The chamber shall fully regard as licensed executor practice the applicant’s practice in the position of judge, Constitutional Court Justice and as an assistant to a Constitutional, Supreme or Supreme Administrative Court Justice, prosecutor, lawyer, notary, commercial lawyer, prosecuting attorney, trainee judge, prosecution trainee, legal trainee, notary trainee, notary candidate, trainee prosecuting attorney and commercial lawyer candidate; subject to a ruling by the ministry, other types of legal experience may also count, but only for a maximum of 2 years
- have passed a licensed executors’ examination – the licensed executors’ exam denotes a professional examination as specified under the present Act. The chamber shall recognise the professional judicial examination, the judiciary examination, the unified judiciary and Bar examination, the prosecutors’ examination, Bar examination, the notarial examination, professional commercial law exam and the final legal trainee examination as being the equivalent of a licensed executors’ examination, as specified under the present Act
A licensed executor may only pursue their activities provided that:
- they have taken an oath in front of the Justice Minister
- have taken out a professional liability insurance policy against damage or loss that may be incurred in association with pursuing the activities of a licensed executor
There are no formal requirements specified for the application.
By virtue of its very nature, the activity may not be performed by nationals of other Member States.
Type of licence
- Appointment by the Minister of Justice
- Chamber of Licensed Executors
Control and supervisory bodies
- Ministry of Justice
- Chamber of Licensed Executors
Procedure for granting a licence
- The procedure depends on a position becoming vacant at an Executor’s Office or if there is an increase in the number of Executor’s Offices. A selection procedure shall be organised within 1 month and anyone complying with the conditions may participate. The Chamber of Licensed Executors of the Czech Republic shall submit a proposal for the appointment of the licensed executor to the Ministry of Justice within 1 month of the completion of the selection procedure. The Minister shall appoint the bailiff within 1 month of receiving the proposal.
Application clearing deadline
- See the previous point
Validity period of licence
- The licensed executor shall be appointed for an indefinite term.
- Act No. 120/2001 Coll., on licensed executors and their activities (the Execution Procedure Act), and amending other Laws, as amended.
Professional liability insurance
- Liability insurance is required. Each licensed executor shall be obliged to take out a liability insurance policy to cover any damage or loss that may be incurred in connection with the pursuit of the activities of a licensed executor and to present the counterpart or a certified copy of the said policy to the chamber within 30 days of their appointment as a licensed executor. Where a licensed executor employs staff, they shall be obliged to take out a liability insurance policy that will also cover damage or loss caused by their staff in connection with their activities pursuant to the Execution Procedure Act.