Department 29 – Legislation
The Department methodically coordinates the drafting and assessment of proposals for new systems of legal and statutory regulations that are prepared under the responsibility of other relevant units of the Ministry. It comprehensively assesses and prepares opinions on draft legislation submitted by other central administrative authorities in the comment procedure, unless they are directly related to the substantive competence of other departments, including an assessment of their compatibility with the legal order. It prepares statements for other departments of the Ministry in cases concerning the relationship of legal regulations not within the competence of the Ministry, in particular the basic legal codes, to financial legal regulations, as well as statements on the resolution of serious legal problems arising in the application of legal regulations under the Ministry's responsibility. It assesses the compliance of the Ministry's materials to be discussed in the Government, the LCG and other advisory bodies or in Parliament with the legal order. It draws up the Ministry's Legislative Work Plan for the purposes of the Government's overall Legislative Work Plan. It comments on the possibility of using external legal services within the framework of the relevant directive of the Minister of Finance. It acts as a party in administrative proceedings concerning claims arising from the Beneš Decrees. It maintains records and archives case files on litigation in which the Ministry has been represented by a law firm in the past and prepares analyses of the legal and factual situation. It provides legal advice, including the assessment of contractual relations, and participates in negotiations with the other party, based on the needs and requirements of other departments of the Ministry. It provides expert legal advice to other organisational units of the Ministry. It represents the Ministry in court and other proceedings, except for the agenda of court proceedings within the competence of the State Property Department and the Administrative Activities Department; it submits any proposals for further action or termination of these proceedings. It provides comprehensive representation of the Ministry in its dealings with law enforcement authorities, with exclusive competence for the entire Ministry. In relation to the departmental organisation, the OGRPA performs the tasks of the department in the area of professional supervision within the meaning of Section 15(1) of Act No 201/2002 Coll., in particular with regard to proceedings before domestic courts, arbitration bodies, administrative authorities and other domestic bodies and legal opinions concerning the procedural context of legal disputes. It manages the system of internal regulations prepared by the relevant departments of the Ministry.
Units
- Unit 2901 – General Legislation
- Unit 2902 – Legal Representation and Advice