Document 116 - Bill repealing the Nomination Act

Scope: Sections 15–16; pages 1–6.

The amendment does not seek to repeal the Nomination Act, but rather to amend it so that the selection of individuals to the governing bodies of state-owned companies is more effective. The main change is that a positive opinion from the Committee remains non-binding for the Ministry, but a negative opinion now becomes binding and prevents the appointment or nomination of a candidate. At the same time, the obligation to publish information is extended to cases where no appointment is made, and in such cases, the interview record and professional resume must also be published. The proposal thus replaces the previous regulation, under which the Committee’s opinion was not binding at all, and strengthens the transparency and oversight of nominations.

Scope: Sections 2–4; pages 1–4.

The amendment modifies the main proposal such that it does not repeal the Nomination Act, but rather significantly strengthens and supplements it. It transfers the coordinating and methodological role from the Office of the Government to the Ministry of Finance, establishes a central Personnel Nomination Portal, and introduces regular performance evaluations of the management and supervisory bodies of state-owned companies. At the same time, it amends the existing rules for evaluating candidates: it repeals some of the fixed requirements in the Act and replaces them with more specific criteria in the annex and the option to set professional requirements tailored to individual companies. The proposal aims to increase transparency, standardize the disclosure of information, and link nominations to the evaluation of actual performance; it is proposed to take effect on January 1, 2027.

Scope: Part Four–Part Four; § 1–§ 16d; pages 1–10.

The proposed amendment does not seek to repeal the Nomination Act, but rather to amend it and extend its scope to include commercial companies in which the state exercises a controlling influence, either directly or indirectly, as well as their controlled companies. It adds a new section to the Act (Sections 16a through 16d), which introduces the obligation to use the nomination procedure even when selecting individuals for the governing bodies of such companies, with the selection being carried out by the company itself and the Nomination Committee evaluating the nominations. If a company appoints a person without the required submission to the Committee or despite a rejected nomination, such an appointment is considered invalid, subject to the protection of the rights of third parties acting in good faith. The proposal thus shifts from the original intention of completely repealing the Act to clarifying and strengthening transparent nomination rules effective January 1, 2027.

Scope: Sections 2–20b; pages 1–12.

The amendment does not seek to repeal the Nomination Act, but rather to amend it so that its procedures can be extended to other legal entities by a special law; this now explicitly covers the General Health Insurance Company as well. A mandatory selection process is introduced for the director of the General Health Insurance Company, followed by an assessment of the candidate by the Personnel Nominations Committee; an appointment made without submission to the committee or despite its rejection is considered invalid. The same nomination oversight is also being introduced for members of the board of directors appointed by the government, while an evaluation committee will now be established for members elected by the Chamber of Deputies. Compared to the current provisions, the direct, concise rules for appointment are removed from Section 20 and transferred to the new, more detailed Sections 20a and 20b; these provisions take effect on January 1, 2027.

Scope: Section 2; pages 1–7.

The amendment does not seek to repeal the Nomination Act, but rather to amend it and expand its scope. State-funded organizations established by the ministry that provide health care services are to be explicitly included under the Act, and the nomination procedure is to apply to their directors. The goal is to introduce a more transparent and predictable process for filling leadership positions in state healthcare facilities and to reduce the risk of corruption. The amendment is proposed to take effect on January 1, 2027.

Scope: Sections 10–12; pages 1–6.

The amendment does not alter the original repeal of the Nomination Act, but rather transforms the main proposal into an amendment that retains and modifies that Act. Under the new provisions, the ministry is required to send a notice of the selection procedure to the chair of the Personnel Nominations Committee, and a designated member of the Committee may participate in the selection committee’s deliberations in an advisory capacity. The proposal thus strengthens the Committee’s oversight and involvement in selection procedures at state-owned companies without altering the Ministry’s responsibility for the selection process. The effective date is set for January 1, 2027.

Scope: § 10–§ 10; pages 1–6.

The amendment does not repeal the Nomination Act, but modifies it: it tightens the conditions under which the selection process may be bypassed, in exceptional cases, for nominations to the governing bodies of state-owned companies. Under the new provisions, the exception will apply only if the ministry neither caused nor could have foreseen the situation and, at the same time, a delay would cause serious harm; this represents a change from the previous, broader regime. The proposal aims to limit the overuse of exceptions and strengthen transparency and public oversight, including the publication of justifications on the ministry’s website. It is proposed to take effect on January 1, 2027.

Scope: Sections 6–19; pages 1–10.

The proposed amendment does not seek to repeal the Nomination Act, but only to amend it. The main change is the removal of the requirement that committee members and candidates for positions in state-owned companies be debt-free; this is reflected in the repeal of § 18 and the amendment of related provisions on the termination of office and the verification of eligibility requirements. The proposal justifies the change by noting that proving the absence of debt is administratively burdensome and does not yield commensurate benefits in practice. Ongoing proceedings are to be completed in accordance with the existing rules, and the amendment is proposed to take effect on January 1, 2027.