Blog
According to the Constitution Court, both large and small employers should have the possibility to influence the management of health insurance companies
On 11 September 2018, the Constitutional Court of the Czech Republic ruled on abolishing a part of Section 10(3) and (5) of the Act on Employee Health Insurance Companies. A group of 19 senators was successfully represented by attorney Štěpán Holub of the law firm Holubová advokáti. Now both large and small employers will be able to influence the operation of health insurance companies. Policyholders who are not associated in trade unions will also have the same possibility to influence the management of health insurance companies.
Article 10(3) is currently worded as follows: "The Board of Trustees of an employee health insurance company shall comprise five members appointed by the government and ten members elected from the ranks of the policyholders of such employee health insurance company by the employer and by the policyholders of the employee health insurance company in the following way: five members shall be elected from the candidates submitted by the employers’ representative organisations and five members shall be elected from the candidates submitted by the representative trade union organisations. The members of the Board of Trustee appointed by the government shall be appointed and recalled by the government on the proposal of the Ministry of Health. The method of election and the electoral rules shall be laid down by the Ministry of Health by decree.”
The new wording is as follows: "The Board of Trustees of the employee health insurance company shall comprise five members appointed by the government and ten members elected from the ranks of the policyholders of this employee health insurance company by the employer and by the policyholders of the employee health insurance company. The members of the Board of Trustee appointed by the government shall be appointed and recalled by the government on the proposal of the Ministry of Health. The method of election and the electoral rules shall be laid own by the Ministry of Health by decree."
Similarly, part of paragraph 5, which addresses the appointment of representatives to the Board of Trustee from the ranks of health insurance companies has been deleted.
The Constitution Court has deferred the force of the ruling until 30 September 2019. Of course, the question now is how the legislator will respond. If he does not respond, “equal” election into the bodies of health insurance companies will begin as of 2019.
Further information and the text of the ruling of the Constitution Court can be found on the website of the Constitution Court.
A press conference will be held in the offices of Holubová advokáti s.r.o. at 10:30 a.m. on 12 September 2018.
More articles:
Inappropriate Client Behaviour: When Can a Tour Operator or Travel Agency Remove a Client from a...
Do you know when a tour operator or travel agency may remove a client from a tour due to inappropriate behaviour, and when such action by the organiser would be considered unjustified? A recent German court decision concerning a cruise holiday shows... → continue
Markéta Poledníková
Markéta Poledníková
"I was extremely satisfied with the services provided by Holubová advokáti. The collaboration was always professional, systematic, and attentive to detail. At the same time, I greatly appreciated their human and personal approach. Everything was explained to me clearly, I had ample opportunity to ask questions, and I felt a genuine interest in resolving my situation. In my view, the combination of expertise and personal care is exactly what one should expect from legal services. I can wholeheartedly recommend them."
Martin Herna
Martin Herna
"I would like to take this opportunity to express my sincere gratitude to the law firm Holubová advokáti s.r.o. for their professional yet genuinely compassionate approach in an exceptionally difficult period of my life.
The firm successfully represented me in a dispute with my health insurance company concerning reimbursement for a medication that enables me to actively fight an oncological illness and has already begun to show positive treatment results.
From the very outset, I felt a high level of expertise, thoroughness, and a genuine interest not only in the case itself but also in the person behind it. All legal steps were explained clearly and comprehensibly, and the communication was factual, calm, and supported by clear arguments. In a time of great uncertainty, this provided me with a much-needed sense of reassurance and trust.
My special and greatest thanks go to JUDr. Klára Dvořáková, whose commitment, precision, and empathy meant more to me than can be conveyed in just a few sentences. Her work was not only highly professional but also marked by human sensitivity and deep respect for the seriousness of the situation.
I can wholeheartedly recommend this law firm to anyone seeking top-tier legal assistance combined with a truly human approach."
Dietmar Repka
Dietmar Repka
"We express our recommendations for the law firm Holubova Advokati.
Holubova Advokati was able to resolve a project for us with confidence, composure, and perseverance that German experts had deemed hopeless.
About 80 years ago, my grandparents and my father had to leave their home. The property has now been returned to our family through the inheritance that was initiated, and thanks to the excellent work of the law firm.
During the two-and-a-half-year negotiations, there were no language problems; everyone was always well informed about the current status.
Keep up the good work, everyone."