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THE GENERAL ASSEMBLY
OF THE CZECH CHAMBER OF ARCHITECTS

 

 

in compliance with the provisions of Section 23 subs. 6 of Act no. 360/1992 Coll. on Practice of Profession of Certified Architects and on Practice of Profession of Certified Engineers and Technicians Active in Construction as amended by Acts nos. 164/1993 Coll., 275/1994 Coll. and 224/2003 Coll. (hereinafter referred to as the “Act") and implementing some provisions of the Act defining the authority of the Czech Chamber of Architects, and in particular in compliance with the provisions of Paragraph h) of said Subsection and in compliance with the authorization resulting from the provisions of Section 25 subs. 4, para. b) and the authorization resulting from the provision of Section 30 subs. 1

 

 

declares

 

this

 

 

 

ORGANIZATIONAL, PROCEDURAL
AND ELECTORAL CODE
OF THE CZECH CHAMBER OF ARCHITECTS

 

 

 

adopted on the 24th of April 1993 and

amended on the 16th of April 1994,
on the 29th of April 1995,

on the 27th of April 1996,

on the 28th of April 1998,
on the 13th of April 1999,

on the 11th of April 2000,

on the 20th of April 2002

and on the 24th April 2004
(unabridged version)

 

PART ONE
INTRODUCTORY PROVISIONS

Section 1

 

This Code implements the provisions of Sections 8, 21 to 23 inclusive and Sections 30a through 30r inclusive of the Act, stipulating

a) The statute of the Czech Chamber of Architects (hereinafter referred to as the ”Chamber”) and its management,

b) Details of membership in the Chamber,

c) Details of the structure and mutual relationships of the major and auxiliary bodies of the Chamber,

d) Details of the procedural principles and the decision-making of the bodies of the Chamber,

e) Details of the nomination of candidates and election to the individual bodies of the Chamber.

 

Section 2

Statute of the Chamber
[implementing Sections 23 and 30 of the Act]

(1) The Czech Chamber of Architects is a self-administered professional organization.

 

(2) The registered seat of the Chamber is in Prague.

 

(3) The Chamber has authority throughout the Czech Republic.

 

(4) The Chamber is a legal entity.

 

MANAGEMENT OF THE CHAMBER

 

[implementing Section 30 of the Act]


Section 3


(1) The Chamber shall have its own bank account, into which it is entitled to accept payments and to manage these payments.

 

(2) The Chamber may own and administer real estate and other assets.

 

(3) The Board of Directors of the Chamber is authorized to administer the Chamber's assets and funds.

 

(4) The Board of Directors of the Czech Chamber of Architects shall notify the Supervisory Board of the Czech Chamber of Architects of proposed single expenditures equal to or exceeding CZK 150,000.

 

(5) The Board of Directors of the Chamber is obliged to present to the General Assembly of the Chamber a report on the financial state and the results of the management of the Chamber for the previous year, verified by an independent auditor.

 

Section 4

(1) The funds of the Chamber shall be spent and assets shall be used for the performance of the activities that appertain to the Chamber pursuant to Section 23 subs. 6 of the Act and pursuant to this Code. The financing of all activities of the Chamber is governed by the budget. The Board of Directors shall submit the draft budget for approval to the General Assembly.

 

(2) The preparation of the annual financial statement is undertaken by the Board of Directors. The Board of Directors shall submit the prepared annual financial statement to an independent auditor for review no later than the 28th of February in the following year. The audited annual financial statement shall be submitted for review to the Supervisory Board of the Chamber no later than the 31st of March.

 

(3) After the annual financial statement has been audited by an independent auditor and reviewed by the Supervisory Board of the Chamber, the Board of Directors shall submit key data from the annual financial statement and a report on the economic results of the Chamber to the General Assembly for consideration and the budget for the next year for approval. In addition, the Supervisory Board shall submit a report on the results of its review with a proposal for approval or remedies to the General Assembly.

 

(4) The annual financial statement shall be prepared in compliance with generally binding legal statute and standard accounting principles in order to provide comprehensive information regarding the financial situation and the assets of the Chamber. The audited financial statement data shall be published in the Chamber's Bulletin.

 

(5) Should a special financial statement be prepared, the provisions of Subsections 3 through 5 inclusive stipulating the process audit, review, approval and disclosure of the annual financial statement shall apply commensurately.

 

(6) In addition to the annual financial statement, the Board of Directors or the Director of the Chamber Office, on the basis of authorization granted by the Board of Directors, shall ensure in compliance with valid accounting procedures the preparation of a simplified quarterly summary balance sheet providing basic information about the current financial position and assets of the Chamber and the effectiveness and efficiency of its management over the past calendar quarter. The simplified quarterly summary balance sheet shall be reviewed by the Supervisory Board.

 

(7) In addition to the simplified quarterly summary balance sheet, the Board of Directors or the Director of the Chamber Office, on the basis of authorization granted by the Board of Directors, shall ensure in compliance with valid accounting procedures the preparation of a monthly profit and loss statement providing basic information about the current financial position and assets of the Chamber, and the effectiveness and efficiency of its management over the preceding calendar month. The Supervisory Board may request that a specific monthly profit and loss statement be submitted for review.

 

(8) The Chamber will cover the necessary expenses incurred in connection with the discharge of the functions of the bodies of the Chamber, as well as compensation for the time spent in connection with the discharge of these functions to the amount of CZK 300.00 per hour for permanent activities and CZK 150.00 for each full hour of other necessary time spent in connection with the discharge of these permanent activities. This provision does not apply to General Assemblies and or to the activities of initiative groups.

 

 

THE CHAMBER Budget

[implementing Section 25 subs. 4, para. i) and Section 30 of the Act]

 

Section 4a

Instruments of financial management and budget

 

(1) The Chamber’s management is governed by its annual budget. This budget shall be approved by the General Assembly.

 

(2) The Chamber’s books shall be kept in accordance with the relevant legislation.1

 

(3) The Chamber’s budget is a financial plan governing the financing of the Chamber’s activities over a financial year; it comprises the expected revenues and estimated expenditures of the Chamber. The financial years runs concurrently with the calendar year.

 

(4) A balanced budget shall always be drawn up and submitted for approval. A budget deficit may be approved only exceptionally, in cases where such deficit may be met by

a) Funds from previous years, or

b) A contractually ensured loan,2 a credit3 or a returnable accommodation (hereinafter the ”returnable sources”).

 

 

BUDGETARY PROCES

 

Section 4b

Budget preparation

 

The Board of Directors, in cooperation with the Chamber Office, prepares a draft budget on the basis of its budget strategy. The draft budget so prepared shall be published at least twenty-one days before it is discussed at the General Assembly of the Chamber. In accordance with the Procedural Code of the General Assembly, certified or resident registered persons may comment on the draft budget either in writing within the term set at the time of the draft budget’s publication, or orally at the General Assembly.

 

 

Section 4c

Provisional expenditures

and management principles during the period of provisional expenditures

 

(1) Until the General Assembly, the budget management of the Chamber is governed by the volumes of revenues and expenditures included in the budget approved for the previous financial year. Monthly expenditures are released in amounts up to one twelfth of the total amount expended in the previous year. It is permissible to exceed the aforementioned limit in cases of mandatory expenses directly related to the activities of the Chamber as set forth by the Act and approved by the Board of Directors.

 

(2) Should the budget not be approved by the General Assembly, the following principles are to be followed in the period of provisional expenditures:

a) Monthly expenditures shall be drawn in amounts not exceeding one twelfth of the approved budget for the preceding year,

b) The real volume of expended funds shall be matched to the real course of expenditures,

c) The Chamber shall fulfill duly and punctually not only its legal obligations but also its contractual obligations in order to retain smooth management,

d) No new contract relations threatening fulfillment of the obligations of the Chamber as set forth by the Act shall be made,

e) the aforementioned limit may be exceeded in cases of mandatory expenses directly related to the activities of the Chamber as set forth by the Act and approved by the Board of Directors.

 

(3) The budgetary revenues and expenditures arising in the period of provisional expenditures shall become revenues and expenditures of the Chamber’s approved budget.

 

(4) Should budgetary disapproval threaten the due performance of self-administration, the Board of Directors is obligated to convene an extraordinary General Assembly under the conditions set forth by the Act.

 

 

Section 4d

Budget management and budget changes

 

(1) The Chamber shall conduct its financial management in accordance with the approved budget and regularly, systematically and fully controls the management thereof throughout the financial year.

 

(2) The Chamber secures financial control in accordance with the relevant legislation.4

 

(3) The Board of Directors may change the previously approved budget of the Chamber by a three-fifth’s majority of votes of all members, and only for the following reasons:

a) Changes in management organization financed by a budget (organizational changes),

b) Changes of legal regulations affecting the size of budget revenues or expenditures (methodological changes) among which price changes affected by amendments of legal statutes concerning regulated prices are also included, or

c) Changes of fact affecting fulfillment of budget revenues or expenditures (material changes).

 

(4) Budgetary changes are effected through budgetary measures that shall be recorded in sequence.

 

(5) A budgetary measure is:

a) a transfer of budgetary finances, in which the particular income or expenses mutually affect one another, without affecting the total size of the budget or the approved difference in total receipts or expenses,

b) the use of new income not foreseen in the budget to meet new expenses not identified in the budget, thereby raising the total size of the budget,

c) the binding of budgetary expenses, if the covering thereof is threatened by incomplete budgetary income; this measure reduces the total size of the budget.

 

(6) The undertaking of budgetary measures is obligatory where changes affect the financial relationship to another budget or the binding indexes to other persons, or if there is an immediate threat of budgetary deficit.

 

 

 

 

PART TWO

MEMBERSHIP OF THE CHAMBER

 

Section 5

Types of membership
[implementing Section 23, Subsections 2, 3 and 4 of the Act]

 

(1) Regular members of the Chamber are all certified architects, certified urban planners and certified designers of environmentally stable land-use systems; regular members of the Chamber are also all registered persons practicing their profession on the territory of the Czech Republic under the conditions set forth in the Act on Professional Practice by Persons from Other EEA States and the Swiss Confederation, or under the conditions set forth by a bilateral or multiple international agreement made between the Czech Chamber of Architects and a state other than an EEA state or the Swiss Confederation, unless such an agreement is excluded by the obligations of the Czech Republic towards EEA states or the Swiss Confederation.

 

(2) Visiting members of the Chamber are all persons whose authority to practice professionally as architects in accordance with the Act has been verified abroad under conditions comparable to those valid for the certification of professional competence according to the Act and whose certificate has been recognized by the Chamber, if they apply to be entered into the list of registered visiting persons; this provision does not apply to registered visiting persons from other EEA states or from the Swiss Confederation.

 

(3) Extraordinary members of the Chamber are, in compliance with the Act, the following:

a) Persons who have applied for extraordinary membership of the Chamber on the basis of their own, particularly professional, interests, and who have become special members by the decision of the Board of Directors of the Chamber, or

b) Persons who have been awarded extraordinary membership of the Chamber by a decision of the Board of Directors, particularly in recognition of their contribution to the development of the profession.

 

Section 6

Commencement and cessation of membership
[implementing Section 23 subs. 2, 3 and 4 of the Act]

(1) Regular membership in the Chamber commences with the granting of certification or with registration of a resident person and ceases with the cessation or withdrawal of certification or with the withdrawal of a resident person’s registration.

 

(2) Visiting membership commences as of the date of entry into the list of registered visiting persons and ceases:

a) Upon written request of the visiting member, effective the submission date of such request,

b) By decision of the Chamber that it no longer recognizes the foreign certification for the professional practice of a visiting member.

c) By decision of the Board of Directors to cancel visiting membership on the basis of the non-fulfillment of the obligations of a visiting member.

 

(3) Extraordinary membership commences on the day of the decision of the Board of Directors to admit a person as an extraordinary member of the Chamber and ceases:

a) Upon written request of the extraordinary member, effective the submission date of such request,

b) By decision of the Board of Directors to cancel the extraordinary membership due to non-fulfillment of the obligations of an extraordinary member.

 

 

Section 7

Rights and obligations of members
[implementing Section 23 subs. 2, 3 and 4 of the Act]

(1) Regular members have the following rights in particular:

a) The right to participate in the General Assembly with a full vote,

b) The right to be elected or appointed to the bodies of the Chamber, with the exception of those members on who a disciplinary measure has been imposed and which has not yet been erased,

c) The right to participate in all of the Chamber's activities,

d) The right to turn to the bodies of the Chamber with proposals and suggestions.

 

(2) If, at the beginning of disciplinary proceedings, the Professional Court believes that there are justified concerns that a disciplinarily accused who is the member of any body of the Chamber will influence the course and results of the proceedings, it shall request that he/she suspend the discharge of their function(s) in the body of the Chamber for the whole period of the proceedings, and shall inform the chairperson of the body concerned. This fact shall be decided by a resolution against which no appeal can be lodged.

 

(3) The obligations of the regular members are as follows:

a) To conduct themselves in accordance with the Act and the internal Codes of the Chamber,

b) To pay duly and promptly annual membership dues of CZK 6,000. Should a person be able to demonstrate straitened financial circumstances (in particular due to illness, handicap, maternity leave or old age), the dues may, on the basis of a justified and supported application, be reduced to a minimum of CZK 1,500 by decision of the Board of Directors, or the due date may be postponed through a loan bearing no interest provided by the Chamber to the certified person concerned. The Board of Directors may decide to reduce the dues in cases of straitened financial circumstances, the illness or handicap of an architect of its own accord, or on the basis of an application submitted and recommended by at least two other certified persons associated with the Chamber and acting as guarantors; such a submitted application shall be considered individually on the basis of the recommendation of these guarantors. A regular member whose license has been suspended at his/her own request or a member whose certification has been suspended for disciplinary reasons shall also pay the minimum dues. Women on maternity leave whose certifications have been suspended are not liable for membership dues. If the obligation to pay the membership dues arises or ceases during a calendar year or, as the case may be, the amount of the dues changes during the year, then the dues shall be calculated pro rata, one twelfth of the annual dues multiplied by the appropriate number of months. The dues are to be paid by the 28th of February. If certification is granted after the 28th of February of the given year, the corresponding dues shall be paid within one month of the granting of certification.

 

(4) Visiting and extraordinary members have the following rights in particular:

a) The right to participate in the General Assembly in an advisory capacity, where the logistical conditions of the General Assembly allow this,

b) The right to be appointed to the Chamber's auxiliary bodies, especially working groups,

c) The right to participate in the creation of initiative groups,

d) The right to participate in all of the Chamber's activities, unless these are reserved for regular members only.

 

(5) The obligations of visiting members are:

a) To conduct themselves in accordance with current legislation, particularly the Act and the internal Codes of the Chamber, when practicing as architects on the territory of the Czech Republic,

b) To pay duly and promptly annual membership dues of CZK 3,000. If the obligation to pay the membership dues arises or ceases during the calendar year or the amount changes during the year, the dues shall be calculated pro rata, one twelfth of the annual fee multiplied by the appropriate number of months. The dues are to be paid by the 28th of February. If the visiting membership commences after the 28th of February of the given year, the corresponding dues shall be paid within one month of the commencement of the visiting membership.

 

(6) The obligations of extraordinary members as per Section 5 subs. 3 a) are as follows:

a) To conduct themselves in accordance with the Act as well as the internal Codes of the Chamber; whose provisions concerning certified and resident registered persons shall be applied commensurately,

b) To pay duly and promptly annual membership dues of CZK 1,500. The dues shall be paid by the 28th of February. If the membership of an extraordinary member commences after the 28th of February of the current year, the corresponding dues shall be paid within one month of the commencement of the extraordinary membership.

 

(6) Extraordinary members pursuant to Section 5 subs. 3 para. b) have no further obligations. Their extraordinary membership continues as long as their professional and ethical qualities remain unchanged.

 

(8) Should the certification or registration of a resident person be suspended or ceased, the Chamber‘s dues shall be settled pro rata, one twelfth of the total annual amount due for each commenced month of the current year up to the date of suspension or cessation of the certification or registration of the resident person.

 

(9) In extraordinary cases, particularly of a humanitarian nature [pursuant to Subsection 2 para. b)], the Board of Directors is authorized to provide an interest-free loan to a member upon his/her request for the purposes of the payments, or parts thereof, that he/she is obliged to make under this Code. The Board of Directors shall determine the maturity of the loan in its decision.

 

(10) In the event that a certified person has not been practicing professionally due to old age or serious illness for a long period, the Board of Directors may upon application of the concerned certified person suspend his/her certification and relieve him/her of the obligation of paying membership dues. In the event that a certified person whose rights and obligations have been limited pursuant to this Subsection intends to return to professional practice, the Board of Directors may require re-examination under Section 11, subs. 2, para c) and Section 7, subs. 1, para. f) of the Act as a condition for the lifting of the suspension of that person’s certification, even where a period of five years from the date at which practice ceased has yet to expire.

 

(11) If the dues pursuant to Subsections 2 and 4 are not paid within the specified term or by means of an interest-free loan pursuant to Subsection 8, the fees shall increase by a penalty of 1% of the outstanding amount for each commenced month. If the fees including the penalty are not paid within one year of the date of their maturity, this fact shall be considered as disciplinary misconduct and disciplinary proceedings against the non-payer shall be instituted. This procedure does not free the relevant person of the obligation to pay the relevant dues including the penalty.

 

Section 8

Procedure to be used in the event that certification and registration documents and seal are not duly deposited

[implementing Section 22a subs. 4 of the Act]

(1) Should a certified or registered person fail, in the event of the withdrawal or suspension of their certification and registration for disciplinary reasons or at their own request, to deposit their Certificate or registration documents and certification or registration seal with the Chamber Office, the Board of Directors shall empower and authorize Office staff or other persons to personally collect the seal and document for this purpose.

 

(2) Should the procedure stipulated in Subsection 1 do not fulfill the requirements of the Act, the Chamber shall request the assistance of the Police of the Czech Republic or shall file an action for the execution of the decision or a charge with the bodies active in the criminal justice system against a person failing to fulfill his/her obligations, in the event of justified suspicion that such a person seals documentation by use of his/her certification or registration seal or uses the Certification or the registration documents as evidence.

 

 

PART THREE
PRINCIPAL BODIES OF THE CHAMBER

THE GENERAL ASSEMBLY

 

Section 9

[implementing Sections 23 and 25 of the Act]

 

(1) The statute of the General Assembly, the calling of the General Assembly, the right to participate in the General Assembly, the quorum conditions and the authorities of the General Assembly are stipulated by Section 25 of the Act.

 

(2) Details concerning the statute of participants of the General Assembly, the bodies, the assembly agenda, voting, elections and other particulars of the General Assembly are stipulated in the separate Procedural Code of the General Assembly.

 

Section 10

Board of Directors
[implementing Sections 23 through 26 inclusive, Sections 21 and 22 and Section 30 of the Act]

(1) The Board of Directors has authority as the supreme executive body of the Chamber. The scope of authority of the Board of Directors includes:

a) Foreign relations and co-operation,

b) Internal affairs, economic and insurance-related matters,

c) Certification, education and professional standards,

d) Professional and general legislation,

e) Disciplinary issues, in which it operates as the appeal body in disciplinary proceedings,

f) Commissioning of works and architectural competitions and methods of professional practice.

 

(2) The Board of Directors shall comprise twelve members. Members of the Board of Directors cannot also be simultaneously members of the Supervisory Board or the Professional Court. The Board of Directors shall elect a Chairperson and first and second vice Chairpersons from among its members.

 

(3) The Board of Directors decides all procedural issues by simple majority vote among members present and all meritorious issues by a simple majority of all members with the exception of cases stipulated in paras. a) through g) inclusive. If the number of votes is equal, the Chairperson or chairing person shall have the casting vote. The Board of Directors decides the following issues by qualified three-fifth’s majority:

a) Changes to the budget in accordance with the provisions of Section 4f, and single expenditures exceeding the amount of CZK 500,000.00,

b) Drafts of legal regulations, directives and professional documents implementing the Act and internal Codes,

c) Disciplinary motions.

 

(4) The Board of Directors shall usually meet monthly, but at least once every three months. The session is convened by the Chairperson of the Chamber.

 

(5) The Board of Directors establishes working groups, appoints the members thereof, and establishes regional correspondents from among the members of the Chamber.

 

(6) Each member of the Board of Directors shall usually be responsible for a specific area of the Chamber's activities. Members of the Board usually chair the working groups established by the Board of Directors, if any.

 

(7) The members of the Board of Directors are entitled to participate in the meetings of all other bodies of the Chamber (with the exception of initiative groups), in an advisory capacity.

 

(8) The Board of Directors shall issue directives and professional documents to manage the Chamber’s activities and to establish the requisites of the professional practice of certified persons in accordance with the internal Codes of the Chamber.

 

Section 11

Chairperson of the Chamber
[implementing Section 26 subs. 2 of the Act]

(1) The Chairperson is elected for a period of one year by the Board of Directors, usually at its first meeting after the elections pursuant to Section 9. If the current Chairperson resigns or is removed from his/her position, a new chairperson shall be elected for the remaining term of his/her office only, no later than at the next meeting of the Board of Directors.

 

(2) The Chairperson of the Chamber is its statutory representative representing it in relation to external parties, acting on its behalf and signing documents and contracts, except where the Act delegates this authority in individual cases to other persons. The Chairperson acts on behalf of the Chamber individually within the limits set forth by the Act and the internal Codes, as well as in accordance with the resolutions of the General Assembly and the Board of Directors.

 

(3) The Chairperson of the Chamber convenes and usually directs meetings of the Board of Directors and of the Council.

 

(4) The Chairperson of the Chamber attends to the Chamber's activities and their compliance with the valid regulations governing the Chamber’s activity as well as fulfillment of the General Assembly's resolutions.

 

(5) The chairman of the Chamber submits:

a) To the Board of Directors the proposal of its meeting agenda,

b) To the Board of Directors the record of urgent decisions which otherwise belong to the scope of authority of the Board of Directors and which he/she has made on the basis of the Board’s authority during the period after the last meeting of the Board of Directors,

c) To the Board of Directors the concept of the draft program of the Chamber’s activities for the period after the most recent General Assembly, to be discussed and approved,

d) To the General Assembly the draft program of the Chamber’s activities for the period ending with the next General Assembly, to be discussed and approved by the Board of Directors,

e) To the Board of Directors the draft report on the Chamber’s activities during the period beginning with the last General Assembly,

f) To the General Assembly the draft report on the Chamber’s activities during the period beginning with the last General Assembly, to be discussed and approved by the Board of Directors.

 

(6) The Chairperson of the Chamber opens the General Assembly.

 

(7) Applicants for certification and persons registered for professional practice on the territory of the Czech Republic make their pledges to the Chairperson of the Chamber.

 

(8) The Chairperson of the Chamber gives, in accordance with the decisions of the Board of Directors, instructions to the Chamber Office and monitors its activities, either directly or through an appointed member of the Board of Directors.

 

(9) The Chairperson of the Chamber assumes his/her responsibilities for the discharge of his/her functions to the Board of Directors. The Chairperson may be removed by decision of the Board of Directors in the case of non-fulfillment of duties.

 

(10) The Chairperson of the Chamber may resign from his/her position for serious reasons. This decision shall be announced orally to the Board of Directors at a Board meeting or in writing.

 

(11) The first or second vice-Chairperson of the Chamber fully substitutes as a deputy for the Chairperson in the case of the latter’s absence. Absence in this sense means in particular any long-term or serious illness or any stay outside the Chamber’s seat or outside another meeting venue where the Chamber should be represented. The first or second vice-Chairperson may act as the deputy of the Chairperson in other cases if so authorized by the Chairperson.

 

 

 

THE SUPERVISORY BOARD

 

Section 12

[implementing Sections 21, 22, 22a and 27 of the Act]

 

(1) The Supervisory Board has the following powers: to perform disciplinary investigations and proceedings and to supervise the proper practice of certified and resident registered persons and the bodies of the Chamber. Concerning visiting registered persons, the Supervisory Board may supervise them and perform disciplinary investigations, if necessary. It shall report any justified suspicion of disciplinary misconduct having been committed to the professional body performing disciplinary proceedings. The Supervisory Board has reporting responsibility in accordance with Section 22a of the Act, for which the Office shall perform the associated administrative paperwork.

 

(2) The Supervisory Board has nine members. Members of the Supervisory Board cannot also be simultaneously members of the Board of Directors, the Professional Court or the Certification Council.

 

(3) The Supervisory Board decides by simple majority vote of all members. If the number of votes is equal, the Chairperson or chairing person shall have the casting vote.

 

(4) The Supervisory Board meets as required to regularly exercise its obligations, but at least once every three months. The meeting is convened by the chairperson of the Supervisory Board.

 

(5) The Supervisory Board shall establish Supervisory Committees to perform disciplinary competences, and shall delegate its authorities to them to the following extent:

a) To produce findings and perform investigations in disciplinary investigations and proceedings, on the authorization of the chairperson of the Supervisory Board,

b) To identify and demonstrate breach of legal statutes by certified and registered persons, and to report the facts discovered to the Supervisory Board,

c) To monitor the activities of persons without certification or registration, whose obligation is to register themselves for practicing the profession on the territory of the Czech Republic, and to report the facts discovered to the Supervisory Board,

d) To carry out single acts nominally set by the Supervisory Board; the chairpersons of Supervisory Committees are appointed by the Supervisory Board.

 

(6) The members of the Supervisory Board are entitled to participate in meetings of all other bodies of the Chamber in an advisory capacity.

 

(7) The status and activities of the Supervisory Board in disciplinary proceedings are stipulated in Section 3 of the Disciplinary and Arbitration Code of the Chamber.

 

(8) The Supervisory Board is headed by a chairperson. The first or second vice-chairperson fully substitutes as the former’s deputy during his/her absence; their term of office is one year. They are elected by the Board’s members, normally at the first meeting of the Supervisory Board, and after a General Assembly where new members of the Board have been elected.

 

Section 13

Supervisory Activity

 

(1) The Supervisory Board supervises the activities of the bodies of the Chamber. Such supervision consists of monitoring the observance of the obligations set forth by generally binding legal statute and the internal Codes of the Chamber, and of the fulfillment of tasks assigned by resolutions of the General Assembly of the Chamber. For this purpose the Supervisory Board may inspect records and reports or, as the case may be, other documents created by the monitored bodies, including received and sent mail, and its representatives may participate in meetings of these bodies, if required. Where discrepancies and doubts arise, the Supervisory Board is entitled to ask the chairperson and/or other members of the relevant body for explanation. Such persons are obliged to provide this explanation within a period of 30 days or, as the case may be, within the time limit specified by the supervisory body depending on circumstances.

 

(2) If the Supervisory Board finds a major breach of the obligations set forth by the Act or the internal Codes of the Chamber, or the non-fulfillment of a resolution of the Chamber’s General Assembly by any body of the Chamber or by its members during its supervisory activity, it will issue a supervisory finding about this fact.

 

(3) The supervisory finding shall include the most precise data possible concerning the breached obligation, and details of which body or, as the case may be, which member is responsible for this breach. The supervisory finding is issued as a resolution of the Supervisory Board.

 

(4) The Supervisory Board shall promptly deliver the approved supervisory finding to the body concerned, usually via its chairperson.

 

(5) A body to which a supervisory finding concerning its activity has been delivered is obligated to give its statement within 30 days of the finding’s delivery or, as the case may be, within the time limit specified by the supervisory body depending on circumstances. The body concerned shall remedy the breach to which the supervisory finding relates, unless it can be proven that said breach did not occur or that the body is not responsible or that there is no contradiction with the rights and obligations of this body.

 

(6) When the time limit set forth in Paragraph 5 above expires, the Supervisory Board shall assess whether the remedy is satisfactory. Should the Supervisory Board decide that the breach has not been remedied or that the breach has resulted in a serious, irremediable situation, it shall publish its supervisory finding together with the relevant body’s statement and, as the case may be, with its own statement in the next Bulletin of the Czech Chamber of Architects.

 

(7) All supervisory findings approved by the Supervisory Board in the relevant period become, together with the statements of the bodies concerned, annexes of the report of the Supervisory Board for the General Assembly of the Chamber. The General Assembly shall, within the framework of a discussion of the report of the Supervisory Board, adjudge and decide as to whether the supervisory findings shall have consequences for the activity of staffing of the bodies concerned.

 

(8) The Supervisory Board is not bound by the procedures described in Subsections 2 through 7 inclusive if it discovers only minor or imminent breaches of obligations by a body of the Chamber during its supervisory activity. In such cases the Supervisory Board shall simply inform the body concerned about its finding.

 

Section 13a

Cooperation with foreign professional authorities in the performance of supervisory activity relating to the professional practice of resident and visiting registered persons

on the territory of the Czech Republic in relation to the free movement of persons in accordance with EU law or in relation to bilateral or multilateral international agreements

[implementing Sections 22a of the Act]

 

(1) If the Supervisory Board finds during its supervisory and disciplinary activities that a visiting registered person has conducted him/herself in contravention of general legal statute or the internal Codes of the Chamber while practicing his/her profession on the territory of the Czech Republic, it shall immediately inform the professional authority of the home state of such a visiting registered person of such misconduct.

 

(2) The Supervisory Board, via the Chamber Office, shall provide, on request or because of official duty, all information regarding disciplinary measures or criminal sanctions adopted against a certified or resident person due to serious or repeated breach of duties related to the conduct of his/her professional practice to the appropriate authority of a hosting EEA State or the Swiss Confederation, or of a state with whom the Czech Chamber of Architects has signed a bilateral or multiple international agreement.

 

(3) Should the appropriate authority of the hosting member state have specific information regarding serious misconduct which occurred outside its territory before the settlement of the person concerned in this hosting state, and should it inform the Chamber of this, the Supervisory Board shall examine the correctness of these facts, especially where they might affect the performance of the chosen or further professional activity in construction in the Czech Republic, and will decide the nature and scope of investigation to be conducted. The Supervisory Board shall inform the hosting member state, via the Chamber Office, of the measures to be adopted in the given matter within three months.

 

(4) All data concerning the performance of supervisory and disciplinary activities by the Supervisory Board, and acts carried out by the Chamber Office, are subject to protection pursuant to generally binding legal statute and international agreements on the protection of personal data, with the exception of data which the Chamber manages for public purposes relating to the administration of the profession and the professional practice of certified and registered persons, and which it is obligated to make accessible to governmental administrative bodies and private persons, even in the form of remote access.

 

(5) A hosting member state is defined as another EEA state or the Swiss Confederation where a certified, resident or visiting person performs or will perform professional activities in accordance with this Act, or a non-member state with which the Czech Chamber of Architects has made a bilateral or multiple agreement concerning this matter.

 

 

 

THE PROFESSIONAL COURT

 

Section 14

[implementing Section 28 of the Act]

(1) The Professional Court is the body of the Chamber authorized to conduct disciplinary proceedings by the Act, within which arbitration proceedings pursuant to this Code are carried out.

 

(2) The Professional Court has nine members. Members of the Professional Court cannot also be simultaneously members of the Board of Directors or the Supervisory Board.


(3) The statute of the chairperson of the Professional Court and the statute of the Disciplinary Senates are stipulated in Section 28 of the Act.

 

(4) The Professional Court meets at least once every three months, but always as is convenient to carry out disciplinary or arbitration proceedings duly and promptly.

 

(5) The session of the Professional Court is convened by its chairperson.

 

(6) The Professional Court is headed by a chairperson, for whom the vice-chairperson fully substitutes as deputy during the former’s absence. Their term of office is one year. They are elected by the members of the Professional Court, normally at the first meeting of the Professional Court after a General Assembly where new members of the Court have been elected.

 

Section 15

Arbitration proceedings

 

Arbitration is conducted by the Professional Court upon a motion of a certified architect or another person involved in a dispute. To open the arbitration proceedings, all of the participating parties must show in writing their willingness to submit the dispute to the Professional Court. The written motion to institute the arbitration is submitted jointly by all the participants in the dispute to the hands of the chairperson of the Professional Court. Details concerning arbitration are stipulated in the Disciplinary and Arbitration Code of the Chamber.

 

 

THE CERTIFICATION COUNCIL

 

RECOGNITION BODY

 

Section 16

[implementing Section 29 and 30d, 30l through 30i inclusive and Schedule 1 and 2 of the Act]

(1) The Certification Council is the body of the Chamber authorized to carry out certification proceedings and to decide on the granting of certification in accordance with the Act.

 

(2) The Chamber is, in accordance with the provisions of Section 30d of the Act, the recognition body reviewing the fulfillment of the qualification prerequisites for the performance of chosen activities pursuant to Section 4 subs. 2. By virtue of the Act the competence of the recognition body is delegated to the Certification Council, which is authorized to perform recognition registration proceedings and to decide on the registration of resident or visiting persons necessary for professional practice on the territory of the Czech Republic. The assessment of compliance with the requirements for official qualification and professional practice for the activity set forth in Section 4 subs. 2 para. a) proceeds in accordance with Schedule 1 of the Act, and for the activities set forth in Section 4 subs. 2 paras. b) and c) proceeds in accordance with Schedule 2 of the Act

 

(3) The Certification Council has ten regular members and three substitutes appointed in compliance with Section 29, Subsection 3 of the Act by the relevant Minister of the Czech Government on the basis of a proposal by the Board of Directors of the Chamber. The chairpersons of the Examination Committees participate in meetings of the Certification Council in an advisory capacity.

 

(4) The members of the Certification Council may be the members or substituting members of the Board of Directors and the secretary of the Chamber. The individual members of the Certification Council shall commensurately represent the particular specializations for which certifications are granted. The members of the Certification Council, who are not members of the Examination Committee, may participate in meetings of the Examination Committees as observers but with no right to interfere in the course of examinations.

 

(5) The Certification Council's meetings are held at least once every three months, and always to duly and promptly deal with submitted applications for certification. The meeting of the Certification Council is convened and directed by the chairperson of the Council or by the vice-chairperson authorized by the former.

 

Section 17

(1) In accordance with the Act, the Certification Council prepares the Certification Code that the Chairperson of the Chamber submits for approval to the relevant minister of the Czech Government.

 

(2) The Certification Council monitors and co-ordinates the activities of the Examination Committees.

 

(3) Members of the Certification Council shall usually chair the Examination Committees established by the Certification Council.

 

Section 18

Joint sessions of principal bodies of the Chamber

[implementing Section 30 of the Act]

(1) Joint sessions of the Board of Directors, the Supervisory Board, the Professional Court and the Certification Council are normally held once every three months, but at least once a year. The auxiliary bodies of the Chamber or representatives thereof may also be invited to these sessions.

 

(2) The role of a joint session pursuant to Subsection 1 is to facilitate the mutual exchange of information and the co-ordination of the activities of the principal bodies of the Chamber.

 

(3) Joint sessions are convened and usually directed by the Chairperson of the Chamber.

 

(4) At joint sessions, the bodies of the Chamber may adopt joint resolutions. Such resolutions do not, however, substitute the decisions of individual bodies in matters within the scope of authority of those bodies in compliance with the Act or with this Code. Joint resolutions adopted at joint sessions cannot change or predetermine the decisions of individual bodies within their scope of authority.

 

 

PART FOUR

AUXILIARY BODIES OF THE CHAMBER

Section 19

The Advisory Board
[implementing Section 30 of the Act]

 

(1) The Advisory Board is an advisory body of the Chamber.

 

(2) The Advisory Board has no permanent members.

 

(3) A session of the Advisory Board is usually convened and directed by the Chamber's Chairperson or the Chamber's Secretary or another Chamber's representative authorized by the Chairperson.

 

(4) Significant figures from the field are usually invited to the Advisory Board's sessions, for example:

a) Representatives of universities of architecture,

b) Representatives of architects' associations,

c) Architects active in public administration,

d) Representatives of institutions responsible for matters related to architecture or architects,

e) Other representatives of the Chamber or its bodies.

 

5) Conclusions or resolutions of the Advisory Board have the character of a recommendation and are not binding on the Chamber or any of its bodies or members.

 

Section 20

Working groups
[implementing Section 30 of the Act]

(1) Working groups represent auxiliary bodies of the Chamber.

 

(2) Working groups are established by resolution of the Board of Directors. The Board also nominates members or representatives of the groups and determines their scope of authority, their tasks and their deadlines.

 

(3) Working groups are established for the purposes of particular tasks for a limited period of time, or for the purposes of regular activities for an unlimited period of time.

 

(4) Typical areas for which working groups are established for an unlimited period of time are either individual Chamber responsibilities, e.g. oversight of architectural competitions, legislation, exhibitions, informational activities, or individual architectural specializations, e.g. interior design or land-use planning.

 

(5) Typical tasks for which working groups are established for a limited period of time are, e.g. the preparation of a General Assembly or the preparation of other significant events.

 

(6) The relevant member of the Board of Directors or of another principal body of the Chamber usually chairs the working group.

 

(7) The working group may act on behalf of the Chamber only if it has been authorized to do so, and only within the scope of such authorization. It may however submit its conclusions, proposals or recommendations to the bodies of the Chamber.

 

Section 21

Regional representatives
[implementing Section 30 of the Act]

(1) The regional representative is a auxiliary body of the Chamber, mediating the transfer of information between the Board of Directors or, as the case may be, other bodies of the Chamber, and the members of the Chamber in his/her region, and supervising compliance with the relevant regulations, particularly the Act and the Chamber's Codes, in the given region.

 

(2) The regional representative acts on behalf of the Chamber at the regional level, particularly with regional authorities, institutions, entrepreneurs and the public. He/she can enter into agreements binding on the Chamber only if granted special authorization to do so.

 

(3) The regional representative is entitled to participate in meetings of the Board of Directors in an advisory capacity, particularly if a reason exists for his/her participation due to issues concerning his/her region. The Board of Directors may exclude the participation of the regional representative in its session only in exceptional and justified cases; participation of the representative must then be ensured at the next meeting.

 

(4) Regional representation is established by the Board of Directors as considered appropriate for a certain region, usually a district, a region or a country.

 

(5) A member of the Chamber, usually a regular one, is appointed as a regional representative by decision of the Board of Directors, usually upon a recommendation by Chamber members from the relevant region. The representative is also relieved of his/her position by decision of the Board of Directors.

 

Section 21a

Foreign representatives and representatives in foreign professional authorities and institutions

(1) A foreign representative and a representative in a foreign professional authority or institution is a auxiliary body of the Chamber, mediating the transfer of information between the Board of Directors or other bodies of the Chamber and members of the Chamber operating abroad.

 

(2) A foreign representative ensures the Chamber's contacts with foreign professional institutions or with the relevant public administration authorities in his/her location and negotiates with them on behalf of the Chamber on the basis of a special authorization.

 

(3) A foreign representative may be a member of the working group for foreign relations and is entitled to participate in meetings of the Board of Directors in an advisory capacity.

 

(4) A foreign representation is established by the Board of Directors as considered appropriate for a certain location, an authority or an institution, usually a country or several countries.

 

(5) A member of the Chamber, usually a regular one, is appointed as foreign representative by decision of the Board of Directors, usually upon a recommendation by Chamber members. The representative is also relieved of his/her position by decision of the Board of Directors.

 

EXAMINATION COMMITTEES

 

Section 22

[implementing Section 8 subs. 6 and Section 30 of the Act]

 

(1) Examination Committees are auxiliary executive bodies authorized to carry out examinations of professional competence within certification proceedings.

 

(2) Examination Committees are appointed by the Certification Council. The Council determines the scope and content of their activities and their members.

 

(3) The activities of the Examination Committees are governed by the Act and the Certification Code of the Chamber, and the results of their activities are reported to the Certification Council. They are however independent in evaluating the examined persons’ performance and determining the results of examinations. The Certification Council may recommend that the Committee reviews its decision.

 

Section 23

 

(1) The members of the Examination Committees are selected to commensurately represent the individual specializations for which certification is granted.

 

(2) Examination Committees shall have at least five members. They have a quorum if at least five members of the Committee are present. A simple majority vote among members present decides.

 

(3) The Committee is directed by a chairperson who is a member of the Certification Council. The chairperson is responsible for the activities of the Committee. During his/her absence, these duties are assumed by the deputy chairperson. One lawyer and one representative of the relevant ministry may also become members of the Examination Committee.

 

THE CHAMBER OFFICE

 

Section 24

[implementing Section 30subs. 4 of the Act]

 

(1) The Chamber Office is an auxiliary executive body of the Chamber and provides administrative performance of tasks assigned to the Chamber by the provisions of Section 23 subs. 6 and 7 of the Act. For this purpose, the Office shall create a suitable structure enabling efficient performance of the assigned tasks, and the responsible and practical management of the Chamber’s funds and assets.

 

(2) The Office is headed by a Director and Deputy Director. The Director and the Deputy Director are appointed by the Board of Directors, on the basis of competitive selection. The Deputy Director manages the organization of the Office’s activities, and acts as the Director’s deputy in the latter’s absence.

 

(3) The Director manages the Office in compliance with the instructions of the Board of Directors, communicated to him directly at a Board meeting or by the Chairperson of the Chamber or an appointed member of the Board. The Director is entitled

a) to represent the Chamber

     

  1. within the scope of a written authorization given by the Chairperson and confirmed by the Board of Directors,
  2.  

2. in cases when the Chamber Office is delegated to by execution of a decision of single bodies of the Chamber.

 

b) To represent the Chamber Office in dealing with outside parties, as concerns the signing of documents related to the operation and management of the Office, and in particular:

1. to constitute and enter into contracts of employment and to sign documents related to the employment relationships of staff of the Office (social and health insurance),

2. to specify the scope of activities of individual employees within the set structure of the Office, and to give instruction concerning the working activities of the staff,

3. to sign documents related to assignments of tasks to external collaborators of the Chamber, in relation to the tasks assigned by the Board of Directors of the Chamber or other bodies of the Chamber within the scope of their competences,

4. concerning the management and the assets and funds of the Chamber relating to the operation of the Office and the provision of necessary technical equipment in amounts determined by resolution of the Board of Directors.

 

(4) The Director reports to the Board of Directors or the body to which competence for the appropriate decisions belong.

 

(5)  The Secretary of the Chamber is an expert consultant of the bodies of the Chamber and performs in particular the following activities for this purpose:

 

a) obligatory participation in meetings and discussions of the General Assembly and the Board of Directors in an advisory capacity; participation by invitation in meetings and discussions of other bodies of the Chamber. These bodies shall enable the Secretary’s participation if requested by him/her.

b) participation in the preparation and implementation of conceptual documents of the Chamber and the preparation of acquisition for this purpose the following materials:

1. Expert professional and professionally legal documents,

2. Documents concerning cooperation with governmental administrative bodies,

3. Expert and legal data and materials for negotiations with other institutions and authorities, and the conduct of other preparatory activities and, if needed, participation in negotiations with such institutions and authorities within the scope of authorization issued by the Board of Directors and in accordance with its instructions or the instructions of other bodies of the Chamber.

 

(6) The Secretary of the Chamber is appointed by the Board of Directors, on the basis of the results of competitive selection. The Board of Directors may also authorize the Director of the Office to act as the Secretary of the Chamber. The Secretary is entitled to represent the Chamber within the scope of a written authorization issued by the Chairperson and confirmed by the Board of Directors.

 

(7) The legal status of the Director, Deputy Director and other employees of the Office as well as of the Secretary of the Chamber is governed by the generally binding statutes of the Labor law. The scope of activities and job content of the Director of the Chamber, his/her deputy, the Secretary of the Chamber and other employees are stipulated in the Organizational Code of the Chamber issued by the Board of Directors. The staff of the Office are obligated to conduct themselves ethically and to act on behalf of the Chamber so as not to damage the good name of the profession and/or the Chamber.

 

(8) The staff of the Office is obligated to maintain confidentiality concerning all facts related to the professional practice of individual certified or registered persons which they learn in the course of their activities and in relation to them.

 

 

Section 24a

The Bulletin of Czech Chamber of Architects

 

(1) The Chamber publishes the Bulletin of the Czech Chamber of Architects to disseminate information relating to the Chamber’s activities, the rights and obligations of certified persons and the professional practice of the latter.

 

(2) The Board of Directors, which usually delegates management of the Bulletin to an editorial board chaired by an appointed member of the Board of Directors, is responsible for publishing the Bulletin of the Czech Chamber of Architects. The Supervisory Board has its own representative on the editorial board.

 

(3) The content of the Bulletin of the Czech Chamber of Architects is prepared and published by an appointed employee of the Office according to the instructions of the editorial board.

 

(4) Decisions concerning the publication of contributions by the Supervisory Board and the Professional Court, particularly resolutions, verdicts, findings and news, are fully within the scope of authority of these bodies. The responsibility of the persons authorized to manage the Bulletin of the Czech Chamber of Architects concerning decisions on the placement of these contributions, their graphical layout or, as the case may be, other necessary editorial measures is not waived by the foregoing. The decisions of such persons shall however be made after consulting with the chairperson of the relevant body of the Chamber.

 

(5) The Bulletin of the Czech Chamber of Architects contains information from three key thematic fields:

a) Information about binding statute affecting professional practice,

b) Information about the performance of professional self-management in the Chamber,

c) Other information concerning professional practice.

 

(6) The Bulletin of the Czech Chamber of Architects is published at least four times a year so that certified persons are informed promptly about facts important to their professional practice.

 

 

Section 24b

The Almanac of the Czech Chamber of Architects

 

(1) The Chamber publishes the Almanac of the Czech Chamber of Architects to disseminate basic information relating to the Chamber’s activities, the rights and obligations of certified persons and the professional practice of the latter.

 

(2) The content of the Almanac of the Czech Chamber of Architects is arranged into three key thematic sections:

a) Information about members of bodies of the Chamber,

b) Internal Codes of the Chamber,

c) List of certified persons.

In addition to this key information, the Almanac may also contain other information concerning professional practice and management.

 

(3) The Board of Directors of the Chamber, which usually delegates management of the Almanac to an editorial board chaired by an appointed member of the Board of Directors, is responsible for publishing the Almanac of the Czech Chamber of Architects.

 

(4) The Almanac of the Czech Chamber of Architects is published once a year, usually in the period after the General Assembly.

 

 

 

PART FIVE

INITIATIVE GROUPS

Section 25

[implementing Section 30 subs. 1 of the Act]

(1) Initiative groups are special interest associations of Chamber members established within the scope of activities of the Chamber.

 

(2) An initiative group is established on the basis of Chamber members' common interest. The members may decide to establish an initiative group for various reasons, such as their opinions, regions or interest in a particular architectural specialization.

 

(3) At least one half of an initiative group's members must be regular members of the Chamber.

 

(4) An initiative group is established by its registration with the Supervisory Board on the basis of a written announcement of the plan to create an initiative group. The announcement shall include a list of Chamber members who are planning to create the initiative group, their signatures and a brief description of the initiative group's intentions.

 

(5) An initiative group is not a legal entity, but may manage real estate and other assets of the Chamber if these are entrusted into its independent administration by the Board of Directors.

 

(6) An initiative group is not entitled to represent the Chamber in negotiations unless authorized to do so by the Board of Directors in a specific matter and within a fixed scope.

 

(7) Initiative groups as well as regular members of the Chamber may submit ideas, proposals, opinions, notifications and complaints to the principal bodies of the Chamber. These bodies are obligated to respond to these proposals in an appropriate manner.

 

(8) An initiative group ceases to exist

a) By an announcement of the initiative group to the Supervisory Board of its cessation,

b) By decision of the Professional Court based on a motion of the Supervisory Board made on the basis of conflicts between the activities of the initiative group and the conditions stipulated by this Code or other Codes of the Chamber.

 

(9) The provisions of Paragraphs 5 and 6 do not relieve the relevant principal bodies of the Chamber of their responsibilities.

 

 

PART SIX
JOINT PROVISIONS

 

JOINT PROVISIONS CONCERNING MEETINGS, PROCEEDINGS, VOTES AND DECISION-MAKING OF BODIES OF THE CHAMBER

 

Section 26

Meetings

 

(1) Joint provisions concerning meetings shall apply to the meetings of all bodies of the Chamber, unless stipulated otherwise in special cases.

 

(2) Meetings are held as needed, but at least once every three months.

 

(3) The date and time of a meeting is determined, the agenda is proposed and the meeting is convened by the chairperson or the person chairing. Other regular members and substitutes shall be informed of the meeting at least one week in advance. The place of the meeting is announced at the same time.

 

(4) A meeting shall also be convened at the request of at least one third of the regular members of the body of the Chamber. The chairperson shall then convene a meeting no later than ten days after receipt of the request. The request must be submitted in writing and must include a proposed agenda for the meeting.

 

(5) The meeting is directed by the chairperson or the person chairing, or another member of the body authorized by the chairperson.

 

(6) All regular members of the body are obliged to attend the meeting. Substitute members and the secretary are usually also present, but only in an advisory capacity.

 

(7) Meetings are not open to public. If the subject under discussion requires it, the meeting body may decide on the presence of public.

 

(8) The relevant minister of the Czech Republic or his/her authorized representative has a special right to participate in the meeting in an advisory capacity. An authorized member of the Czech Parliament has the same right.

 

(9) Other invited persons may participate in meetings of the bodies of the Chamber as guests, e.g. employees of the Chamber Office, members of the Examination Committees, regional representatives or members of working groups or initiative groups who are not the members of the meeting body. All these persons participate only in an advisory capacity and may address the matters discussed only with the chairperson's approval.

 

Section 27

Proceedings

(1) Joint provisions on proceedings shall apply to meetings of all bodies of the Chamber, unless otherwise stipulated in special cases.

 

(2) Every member of a body of the Chamber iis entitled to address the discussed issue, to make relevant proposals and to raise questions. Only a regular member is entitled to vote and decide on the issue. The chairperson may remove the speaker from the floor if he/she exceeds the previously agreed time allowed or does not keep to the discussed issue. An objection against this decision may be resolved without discussion by a majority vote of all regular members of the body of the Chamber present.

 

(3) Every member of the body of the Chamber has the right to present a point of order as a reaction to the proceedings. Its time limit must not exceed two minutes. He/she will be granted the floor by the chairperson immediately, but without interrupting the current speaker.

 

(4) A point of order is also a procedural proposal related to the order of proceedings concerning any point of the agenda.

 

(5) The provisions of Section 27 shall also apply commensurately to the Director of the Chamber Office and to other participants of the meetings of the relevant body of the Chamber.

 

Section 28

Voting and decision-making

 

(1) Joint provisions on voting and decision-making shall apply to the voting and decision-making of all the bodies of the Chamber, unless otherwise stipulated in special cases.

 

(2) The bodies of the Chamber shall decide relevant matters on an individual basis. A three-fifth’s majority of votes of all regular members usually decides, in a public vote. A simple majority of votes of all regular members of the body of the Chamber present shall decide in procedural issues.

 

(3) Where votes are equal, the chairperson or the chairing person shall have the casting vote.

 

(4) If less than three-fifths of the members of the body of the Chamber are present, the body does not have a quorum and cannot decide any issue, unless an issue is being discussed for the decision of which a simple majority vote of all regular members or a simple majority vote among all regular members of the body present is sufficient. A body of the Chamber which has permanently lost its quorum and, as a result, the authority to undertake its obligations, shall, pursuant to Section 25 of the Act, perform its duties to a limited extent until a General Assembly is held and a new body is elected.

 

(5) Proposals are decided in the order in which they have been submitted. If the issues under discussion relate to each other, they may be decided together.

 

(6) If issues concerning the activities of the Board of Directors or the Supervisory Board of the Chamber are exposed to the danger of delay, the regular members of these bodies may vote by absentee ballot. A written record of the executed voting shall be made. The content of this record shall be communicated to the members of the body of the Chamber at their next meeting.

 

Section 29

Minutes

(1) Joint provisions on minutes shall apply to the drawing up of the minutes of all bodies of the Chamber, unless stipulated otherwise in special cases.

 

(2) The Secretary or another person authorized by him/her or a person authorized by the chairperson of the body shall draw up the minutes, the correctness of which is confirmed by the signature of the chairperson or the chairing person and certified by the signature of the minutes clerk.

 

(3) The minutes shall include the date and venue of the meeting of body of the Chamber, a list of the members or guests present and their signatures on the attendance list, the discussed issues, the contexts of the decisions or resolutions made, assignments, deadlines for their fulfillment, the names of the regular members responsible for the fulfillment of individual assignments and the name and signature of the Secretary as the minutes clerk.

 

Section 30

Elections

 

(1) Joint provisions on election shall apply to the elections of members of all bodies of the Chamber, unless stipulated otherwise in special cases.

 

(2) Bodies of the Chamber shall elect chairpersons and deputy chairpersons from among their regular members by secret ballot.

 

(3) The election of the chairperson and deputy chairpersons is bound to the written approval of the candidate as a regular member of the body of the Chamber standing, confirmed by his/her signature, whereby the candidate commits to execute, if elected, the appropriate function in a diligent, responsible and appropriate manner.

 

(4) A three-member election committee shall be constituted from among the members of the body not standing as candidates, based on an agreement or simple majority of votes of the voting regular members.

 

(5) The election is separate for each position. Each regular member of the body shall write the name of the candidate of choice on a ballot and then deposit the ballot at the determined place.

 

(6) The candidate who obtains a three-fifth’s majority of votes of all regular members is elected.

 

(7) If none of the candidates obtains a three-fifth’s majority of votes of all regular members of the body, the election is repeated from among the two candidates with the highest numbers of votes until one of them wins by a simple majority of votes of all regular members or until candidates resign and are substituted by new candidates. New candidates must obtain a three-fifth’s majority of votes from all regular members of the body in the first round, or the election is repeated.

 

(8) The election committee produces a record of the results of the election, confirmed by signatures and supported by the actual ballots. This record, including the ballots, shall be filed in the Chamber Office.

 

Section 31

Recall

 

(1) Joint provisions on recall shall apply to the recall of members of all the bodies of the Chamber, unless stipulated otherwise in special cases.

 

(2) If the chairperson or any deputy chairperson does not duly perform his/her duties as stipulated in the regulations, he/she may be recalled from office by the regular members of the body of the Chamber concerned.

 

(3) A recall is decided by secret ballot. A three-fifth’s majority of votes from all regular members of the body is necessary for a valid recall.

 

(4) A substitute must be elected without undue delay for a member of the body of the Chamber who has been recalled or who has resigned. The provisions on election shall apply appropriately.

 

Section 31a

 

The provisions of Sections 26 through 31 inclusive shall apply commensurately to supplementary bodies.

 

 

MANAGEMENT OF DATA CONCERNING CERTIFIED AND REGISTERED PERSONS

[implementing Section 22 subs. 3 and Section 23 subs. 6 para. d) and e) and Section 30k subs. 4 of the Act]

 

Section 31b

Remote access to data related to the certification, registration and professional practice of certified and registered persons

 

(1) The Chamber is obligated even without the consent of the persons concerned to provide access to the following information in a remote form, here taken to mean the publication of information on the Internet and Intranet pages of the Chamber, and in periodical and non-periodical publications published by the Chamber:

a) About persons applying for certification and persons applying for registration (of a resident person) or notifying of professional practice with an application for registration and data related to certification and the registration of such persons, and the entering of these persons into the lists kept by the Chamber,

b) About the professional practice of certified and resident and visiting registered persons kept in the lists of the Chamber,

c) About the activities of the Chamber in accordance with the provisions of Section 23 subs. 6 of the Act, in the scope set forth by the Act and internal Codes of the Chamber. Free access to information about the activities of the Chamber and about the professional practice of certified and registered persons is governed by general binding statute.5

 

2) The obligatorily published information of the Chamber regarding persons mentioned in Subsection 1 para. a) comprises:

     

  1. Name and surname,
  2.  

     

  3. Academic title,
  4.  

     

  5. Type, field or specialization of certification,
  6.  

     

  7. Address or registered address.
  8.  

 

(3) The obligatorily published information of the Chamber regarding persons mentioned in Subsection 1 para. b) comprises:

a) Information about disciplinary measures imposed, with the exception of written reprimands and fines,

b) Information about the erasure of disciplinary measures.

 

(4) The obligatorily published information of the Chamber regarding persons mentioned in Subsection 1 para. c) comprises:

a) the list of certified persons,

  1. resident and visiting registered persons,
  2. issues relating to the internal Codes of the Chamber.
  3.  

    (5) The obligatorily published information of the Chamber about Chamber’s activity pursuant to Subsection 1 para. c) intended for certified persons comprises:

    a) Resolutions of the General Assemblies,

    b) Reports on the Chamber’s activities and on the financial state and management results of the Chamber, as verified by an independent auditor and with an approved budget,

  4. Directives and professional documents issued,
  5. Program documents of the Chamber.

 

Section 31c

Management and security of data and the protection of data related to the certification, registration and professional practice of certified and registered persons

 

(1) The Chamber is entitled even without the consent of the persons concerned to perform operations with personal data either automatically or by other means. Processing means in particular the collection, storing in information media, access, revision or modification, search, utilization, disclosure, propagation, publishing, storage, exchange, sorting or combining, blocking and erasure of personal data concerning

     

  1. Persons soliciting for certification or registration,
  2.  

     

  3. Persons applying for certification and persons applying for registration (resident persons) or notifying of professional practice with application for registration, and data related to the certification or registration of such persons and their entry into the lists kept by the Chamber,
  4.  

The professional practice of certified persons and resident or visiting registered persons kept in the lists of the Chamber;

within the scope set forth by the Act and the internal Codes of the Chamber. The management of personal data and other data are governed by general legal statute.6

(2) The Chamber is obligated

a) To manage data in accordance with the purposes set forth by the Act, which comprise the granting of certifications and issuance of registrations, the supervision of professional practice and the imposing of disciplinary measures including the withdrawal of certifications and cancellation of registrations, and the provision of other activities which improve independent practice in those fields or specializations for which the Chamber certifies and registers.

b) To process only true and accurate personal and professional data, which the Chamber has obtained in accordance with the Act; the Chamber is obligated and entitled to verify the veracity and accuracy of personal data. Should the Chamber find that the processed data are not true and accurate for the given purpose, especially in the event of objections by certified and registered persons, the Chamber is obligated to block them and to correct or supplement them immediately. This is the only circumstance in which the Chamber is entitled to associate personal data which were obtained for different purposes. If it is not possible to correct or supplement the data, the Chamber shall erase them immediately.

c) To maintain personal data for the duration of the independent professional practice of a certified or registered person and then, after termination of independent practice in the profession by the certified or registered person, for archival and scientific purposes for a further fifty years; if used for these purposes, the right of protection against illegal intervention into the personal and private lives of certified or registered persons may not be breached.

 

(3) The Chamber may also, with the consent of persons set out in Subsection 1, process other personal data relating to professional practice, particularly data of a business nature which specify in more detail the activity of a certified or registered person. However, the consent given pursuant to Subsection 3 does not constitute a waiver of the obligations of the Chamber as set out in Subsections 1 and 2. The consent shall clearly state its scope, for whom it is provided, its purpose, duration and who provides it. The consent may be withdrawn any time if a certified or registered person and the Chamber do not expressly agree otherwise. The Chamber shall have demonstrable evidence of the consent for the whole duration of the approved personal data processing. To avoid any possibility that the names and surnames and addresses of certified or registered persons may be used repeatedly for business or service proposals, the Chamber is entitled to process the names, surnames and addresses of certified or registered person irrespective of these persons having expressed their disagreement pursuant to Subsection 4.

 

(4) Should the Chamber process personal data for the purposes of making a proposal of business or services to certified or registered persons, it may use for this purpose only the names, surnames and addresses obtained from the lists kept by the Chamber in relation to its activity as a data manager or processor. Other personal data cannot be added to the described data without the consent of the certified or registered persons. A certified or registered person shall notify his/her disapproval of processing in writing. The Chamber is obligated to inform any manager to whom it has handed over the names, surnames and addresses of certified or registered persons that such persons disapprove of the processing or publication of their personal data.

 

 

 

PART SEVEN
TRANSITIONAL AND FINAL PROVISIONS

Section 31d

If the membership dues pursuant to Section 7 subs. 2 and 4 for previous years are not paid, the provisions of Section 7 subs. 9 shall apply commensurately. The deadline for payment is the 30th of June 1997. After this date, a penalty shall be added to the outstanding fees and after the 30th of June 1998, the non-payment of the fees including the penalty shall be considered disciplinary misconduct.

 

Section 32

Effect

 

This Code entered into effect by its confirmation by the General Assembly of the Czech Chamber of Architects on the 24th of April 1993.

 

 

 

 

ARTICLE II/1994

This Code as amended was adopted and came into effect at the General Assembly of the Czech Chamber of Architects held on the 16th of April 1994.

 

 

ARTICLE II/1995

This Code as amended was adopted and came into effect at the General Assembly of the Czech Chamber of Architects held on the 29th of April 1995.

 

 

ARTICLE II/1996

This Code as amended was adopted and came into effect at the General Assembly of the Czech Chamber of Architects held on the 27th of April 1996.

 

 

ARTICLE II/1997

This Code as amended was adopted and came into effect at the General Assembly of the Czech Chamber of Architects held on the 29th of April 1997.

 

 

ARTICLE II/1998

This Code as amended was adopted and came into effect at the General Assembly of the Chamber of Architects held on the 28th of April 1998.

 

 

ARTICLE II/1999

This Code as amended was adopted and came into effect at the General Assembly of the Chamber of Architects held on the 13th of April 1999, which is also considered as the day of declaration with the exception of Section 7subs. 2 para. b), subs. 4 para. b) and subs. 5 para. b) which shall come into effect on the 1st of January 2000.

 

 

ARTICLE II/2000

This Code as amended was adopted and came into effect at the General Assembly of the Czech Chamber of Architects held on the 11th of April 2000.

 

 

ARTICLE II/2002

This Code as amended was adopted and came into effect at the General Assembly of the Czech Chamber of Architects held on the 20th of April 2002.

 

 

ARTICLE II/2004

This Code as amended was adopted and came into effect at the General Assembly of the Czech Chamber of Architects held on the 24th of April 2004.