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Law

of 27 March 1990

Concerning the Right of Association

In this law the Federal Assembly of the Czechoslovak Socialist Republic resolves that:

Introductory Provisions

§ 1

(1) Citizens have the right to associate peacefully.

(2) It is not necessary to have the approval of a state organ in order to exercise this right.

(3) This law does not relate to the associating of citizens

(a) in political parties and political movements,

(b) for profitable activity or for securing the regular exercise of specific occupations,

(c) in churches and religious societies.

§ 2

(1) Citizens may established societies, companies, leagues, movements, clubs and other associations of citizens as well as labour union organizations (henceforth only associations) and to join them.

(2) Legal persons also may be members of associations.

(3) Associations are legal persons. State organs may interfere in their formation and activity only within the limits established by law.

(4) Soldiers in active service may not create trade union organizations or to join them. The provisions of specific laws determine the extent of the rights of trade union organizations, which associate members of national security units and units for reform training, to assert and defend their social interests.

§ 3

(1) No one may be forced to associate, be a member in an association or to take part in its activities. Everyone may freely leave an association.

(2) No one, as a citizen, can be at a detriment because of associating, being a member of an association, taking part in its activities or supporting  it nor because they remain apart from it.

(3) The statute of an association regulates the rights and responsibilities of a member of an association.

§ 4

Associations not allowed are those

a) whose goal is to subvert or limit the personal, political or other rights of citizens because of their nationality, sex, race, origin, political or other opinions, religious faith or social situation, kindle hatred or intolerance for these reasons, support the use of force or in other ways violate the constitution and laws;

b) who seek to attain their goals in ways that are incompatible with the constitution and the laws;

c) armies or armed unit; this does not include associations whose members maintain or use ire-arms for sport purposes or for the legal purpose of hunting.

§ 5

Associations are not allowed to perform the functions of state organs in so far as pecific laws do not otherwise stipulate. They are not allowed to govern state organs and impose responsibilities on citizens who are not their members.

Registration and Origin of Associations

§ 6

(1) Associations originate through registration.

(2) A proposal for registration may be submitted  by a minimum of three citizens of hom at least one must be older than 18 years (henceforth only “preparatory committee”). The prposal is to be signed by the members of the preparatory committee and indicate their first and last names, birth registration number and residence. Further it should show which of the members, older than 18 years of age, is legally empowered to act in their name. Two copies of the statute must accompany the proposal in much must be provided:

a) the name of the association,

b) its headquarters,

c) the goal of its activities,

d) the organs of the association, the manner of their constituting, specific organs and officials legally acting in the name of the association,

e) stipulations about organizations units, in so far as they will be established and in so far as they will act in their own name, f principles of management.

(3) In so far as the statute does not indicate otherwise, the preparatory committee acts in the name of the association until the creation of the organs indicated in section 2, letter d.

(4) The name of the association must distinguish it from the names of legal persons which already have developed activities in the territory of the Czechoslovak Socialist Republic.

§ 7

(1) The proposal for registration is to be submitted to the Interior Ministry of the Slovak Republic as is appropriate according to the headquarters of the association indicated in the proposal for registration (henceforth only “ministry”).

(2) If  the proposal does not have pertinence according to § 6 paragraphs 2 and 4 (or if there is incomplete or imprecise data in it) the ministry shall immediately or within 5 days from the submission of the proposal inform the preparatory committee that as long as these defects are not removed the registration is not able to go into effect.

(3) The registration goes into effect on the day on which the ministry received the proposal which does not have immediately inform the legal representative of the preparatory committee about the legal representative of the preparatory committee about the day on the which it became effective.

§ 8

(1) The ministry may decline a registration if it follows from the submitted by / laws of the association that

a) it concerns an organization described in § 3 paragraph 3

b) its statute is not in agreement with § 3 paragraphs 1 a 2,

c) it concerns a disallowed association (§ 4),

d) the goals of the association are incompatible with the regulations indicated in § 5.

(2) The ministry is to decide about declining a registration within 10 days from its submission. The decision is transmitted to the legal representative of the preparatory committee.

(3) The members of the preparatory committee may utilize legal means to appeal to the highest court of the Republic against the decision to refuse registration within 60 days from the day when this decision was delivered to their legal representative.

(4) The court may invalidate a decision of the ministry if there were not grounds given for the refusal of a registration. The day when this decision of the court takes effect is the day of the registration of the association. At the request of the legal representative of the preparatory committee, the ministry is to send to him one copy of the statute on which is indicated the date of registration.

(5) If the legal representative of the preparatory committee does not receive, within 40 days from the day of initiation, a notice of the decision of the ministry concerning the dental of registration, the association develops on the first full day following this term; this day is the day of registration. At the request of the legal representative of the preparatory committee the ministry is to send to him one copy of the statute on which is indicated the date of registration.

§ 9

(1) In  so far as the ministry does not identify a reason for the refusal of a registration, it is to complete registration within 10 days of the initiation of the process and in this term provide the legal representative of the preparatory committee with a copy of the statute on which is indicated the date of registration which is the day of dispatch. Decisions concerning registration are not published in legal proceedings.

(2) Within 7 days of its registration the development of an association, its name and headquarters are indicated by the ministry to the Federal Statistics Office who maintain evidence of associations carrying out activity on the territory of the Czechoslovak Socialist Republic; this is valid also for the development of associations according to § 8, paragraphs 4 and 5.

§ 9a

(1) Trade union organizations and organizations of employes is iuridical person for the day after delivering proposal for the registration

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§ 10

If an association registered in the Czech Republicuitends to carry out activity also on the territory of the Slovak Republic, it should inform of the ministry about this and submit a notarized copy of the statute with an indication of the date of registration. The same is valid if an association registered by the ministry of the Slovak Republic intends to carry out activity on the territory the Czech Republic.

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§ 11

(1) The association is to inform the ministry in writing of changes in the statute within 15 days of their approval and attach to it two copies of the changed text.

(2) If the changes in the statute are not in accordance with the provisions of g 6 paragraphs 2 and 4 or if the information provided is incomplete or imprecise or if there are valid reasons to decline registration according to g 8 paragraph 1, the ministry must immediately inform the association of this. The association is responsible to remove these defects within 60 days of receiving this notice and within a term of a further 10 days inform the ministry about this. If this is not done, the ministry dissolves the association; it is possible to appeal the decision of the ministry through legal means to the highest courts of the republics.

(3) If there is no reason for a process according to paragraph 2, the ministry sends to the association within 10 days of the receipt of the announcement according to paragraph 1 a copy of the changed statute on which is indicated that the changes have been accepted.

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(4)  If the association conducts activity, also on the territory of the second republic (§ 10), it is to send within 30 days to its ministry a notarized copy of the changes in the statute which have been accepted by the ministry of the that republic on whose territory the association has its headquarters.

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Dissolution of an Association

§  12

(1) An association is dissolved

a) by a voluntary dissolution or by merger with another association,

b) by a legal decision of a ministry concerning its dissolution.

(2) If the statutes of the association do not define the manner of its voluntary dissolution or merger with another association, the  decision will be made by its highest organ. This organ will inform the appropriate ministry about its dissolution within 15 days.

(3) If the ministry ascertains that the association is conducting an activity

a) that is predominantly reserved to political parties and political movements or to organizations of associated citizens conducting profitable activities or for the practice of religion and in churches or religious communities (g 1 section 3);

b) that violates principles stated in § 3 section 1 and 2;

c) that is in contradiction with § 4 or § 5;

it will immediately warn the association and will ask it to cease and desist this activity. If the association continues to conduct these activities it  will be dissolved by the ministry. It is possible to appeal against this decision to the highest court of the Republic utilizing legal means.

(4) In evaluating decision made according to § 11 section 2 and g 12 section 3 the court will proceed according to regulations of the Civic Judicial Code concerning the scrutiny of the decisions of other organs. The appeal process has a postponing effect; if there is serious cause, the court may stop the activities of the association during the legally valid period to make a decision. During this period the association can carry out only such activities that are necessary to fulfil its obligations according to the law. The court will rescind the decision of the ministry if the reasons given for the dissolution of the association were not given.

(5) If the ministry ascertains (§ 7) that an organizational unit which is allowed to act independently operates in the manner stated in g 12 section 3, the ministry will follow the same regulations as stated in g 12. section 3. Similarly, the provision of paragraph 4 is valid.

§ 13

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(1) For conducting business affairs, a spacific law is valid. [109 / 19645 zb)

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(2) At the dissolution of an association it is necessary to distribute its property legally.

(3) At the dissolution of an association according to g 12 section 1 subsection b the legal distribution of property will be effected by a liquidator appointed by the ministry.

(4) The procedure stated in section 3 will be followed also when the association is dissolved according to g 12 section 1 subsection a if there is no organ that would administer the legal distribution of property.

§ 14

The ministry will announce the dissolution of an association to the Federal Statistics Office within 7 days beginning from the day when the ministry was informed about its dissolution.

§ 15

Legal Protection

(1)  If a member of an association considers that a decision of some of its organs, against which, according to the statute, it is not possible to appeal utilizing legal means, as illegal or in violation of the statute, he may request the district court within 30 days from the day he learned about the decision but, at the latest, within 6 months from the decision, to request the district court to investigate.

(2) the proposal to investigate does not have a delaying effect. The court, however, in justifiable cases may halt the implementation of the challenged decision.

§ 16

Agreements about Co-operation

(1) Associations may conclude agreements among themselves about co-operation for attaining specific goals, namely for fulfilling other common interests. In order to be valid an agreement must be is a written form.

(2) An agreement about co-operation delimits the goal of co-operation, the manner of its implementation, the rights and responsibilities of participating associations and the means which they contribute to co-operation.

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(3) On the basis of a contract for co-operation there mya develop a new legal person for which are valid analogous provisions concerning the economic operations of social organizations.

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(4) A contract about co-operation may create a union of participating associations which is a legal person. For a union the provisions of this law are similarly valid.

(5) In the  agreement about cooperation it is possible to establish that the agreement loses force, as agreed upon by the participating associations, when the goals are attained for which it was concluded or for other circumstances indicated in the agreement.

Common Regulations

§ 17

If meetings or other assemblies of an association are open to the public, the citizens present have the responsibilities of participants in the assembly. They may not interfere in the negotiations unless the presiding officers decide otherwise.

§ 18

In accord with the goals of their activity associations have the right of recourse to state organs through petitions.

Temporary and Concluding Provisions

(1) Associations which developed after 30 September 1951 or which were voluntary organizations declared according to law no. 68/1951 zb. concerning voluntary organizations and assemblies and which were not dissolved are considered as having developed according to this law. These organizations are only responsible to inform by 30 June  1990 the ministry indicated in § 7 paragraph 1 or § 11 of their name, headquarters and statute.

(2) Societies  which developed prior to 1 October 1951 are considered to be associations already developed according to this law if they have not been dissolved. They are responsible to inform by 30 June 1990 the ministry indicated in § 7 paragraph 1 or § 11 paragraph 4 about their name and headquarters. If they do not do this, the ministry is so enquire whether they intend further to pursue activities. If a society does not fulfil its responsibilities according to the second sentence by 31.12.1990, it will be assumed that is dissolved on this date.

(3) Information about associations (§ 9 paragraph 2) indicated in paragraphs 1 and 2 are provided by the ministry (§ 7 paragraph 1) to the Federal Statistics Office as documentation 7.

(4) Associations according to § 10 in Slovak republik after 31.12.1992 haveto finished activities up to 30.4.1993.

§ 20

Law no. 116/1985 zb. about the conditions for the activity of organizations with international units in the Czechoslovak Socialist Republic remains intact.

(2§ Organizations (branches of international organizations§ according act116/1985 which haveseat in Slovakia are permited.

§ 21

Abrogated are:

1) law no. 68 / 1951 zb.  concerning voluntary organizations and assemblies in the text of later regulations in so far as they deal with voluntary organizations;

2) the decree of the Ministry of the Interior no. 320 / 1951 U.1 (c. 248 / 1951 U. v.) aboutb voluntary organizations and associations in the text of the decree of the Minister of the Interior no. 158 / 1957 U.1., in so far as it concerns voluntary organizations;

3) the government decree no. 30 / 1939 zb. about the creation of special associations not subject to valid regulations about associating and about the supervision of them;

4) §  2 of the law no. 126 / 1968 zb. about some temporary measures for securing public order:

5) § 2 paragraph 8 letter c) of law no. 128 / 1970 zb. about the demarcation of the activity of the Czechoslovak Socialist Republic in matters of domestic order and security;

6) § 45 paragraph 1 letter c) of law no. 194 / 1988 zb. about the activities of the Federal Central Organs of State Administration.

§ 22

This law goes into effect on 1 May 1990.