Constitutional
Act
of the
Czech National Council
of
December 16th, 1992
CONSTITUTION OF THE CZECH REPUBLIC
of the
16th of December, 1992
amended by these
constitutional acts:
347/1997 Coll. (came
into force on 1st of January 2000),
300/2000 Coll. (came
into force on 1st of January 2001),
395/2001 Coll. (will
come into force on 1st of June 2001) and
448/2001 Coll. (Came
into force on 1st of January 2002)
The Czech National Council
passed the following Constitutional Act
Preamble
We, the citizens of
the Czech Republic in Bohemia, Moravia and Silesia,
at this time of the
reconstitution of an independent Czech State,
true to all the sound
traditions of the ancient statehood of the Lands of the Crown of Bohemia as
well as of Czechoslovak statehood,
resolved to build,
protect and advance the Czech Republic in the spirit of the inalienable
values of human dignity and freedom as the home of equal and free citizens who
are aware of their obligations towards others
and of their responsibility to the community,
as a free and
democratic State founded on respect for human rights and on the precept of
acommunity of citizens,
as a member of the
family of democratic nations of Europe and the world,
resolved to protect
and develop their natural, cultural, material and spiritual heritage,
resolved to heed all
the well-proven tenets of law-abiding state,
have adopted through
our freely elected representatives this Constitution of the Czech Republic.
Chapter one
Fundamental Provisions
Article 1
(1) The Czech Republic is a sovereign,
unitary and democratic, law-abiding State, based on respect for the rights
and freedoms of man and citizen.
(2)
The Czech Republic observes obligations, which arise to it from international
law. (will come into force on 1st of
June 2002; 395/2001 Coll.)
Article 2
(1) The people are the source of all power in the State; they exercise it
through bodies of legislative, executive and judiciary power.
(2) A Constitutional Act may
define when the people exercise state power directly.
(3) State power shall serve all citizens and may be applied only in cases,
within limits and by methods defined by law.
(4) Everybody may do what is not prohibited by law and nobody may be forced
to do what the law does not instruct him to do.
Article 3
An integral component of the constitutional system of the Czech Republic is
the Charter of Fundamental Rights and Freedoms.
Article 4
The fundamental rights and freedoms shall be protected by the judiciary
power.
Article 5
The political system is based on free and voluntary formation of and free
competition between political parties respecting the basic democratic precepts
and rejecting violence as a means of asserting their interests.
Article 6
Political decisions shall proceed from the will of the majority, expressed by
free vote. Majority decisions shall respect protection of minorities.
Article 7
The State shall attend to a prudent utilization of natural resources and to
protection of national wealth.
Article 8
Self-government of territorial self-governing units is guaranteed.
Article 9
(1) The Constitution may be supplemented or amended only by Constitutional
Acts.
(2) The substantive requisites of the democratic, law-abiding State may not
be amended.
(3) Interpretation of legal rules may not be used as authorization to
eliminate or imperil the foundations of the democratic State.
Article 10
Ratified and promulgated international treaties on human rights and
fundamental freedoms, whereby the Czech Republic is obligated, shall be
directly binding and shall have precedence over the law.
(The following
provisions will come into force on 1st of June 2002; 395/2001 Coll.)
Article 10
Promulgated
international treaties, to which ratification gave Parliament approval, which
are binding for the Czech Republic, are component part of legal order; if
international treaty stipulates others than stipulates law, the international
treaty will be used.
Article 10a
(1) Some powers of bodies of the Czech Republic
can be transferred by international treaty on international organization or
institution.
(2) To Ratify the treaty
in paragraph 1 is necessary approval of Parliament; unless the constitutional
act stipulates, that to ratify is
necesary approval in referendum.
Article 10b
(1) Government has to inform Parliament periodically
and in advance about objects related to the obligations resulted from membership
of the Czech Republic in international organization or institution according
to the article 10a.
(2) Chambers of Parliament
shall express to preparatory decissions of these international organization
or institution in way, which stipulate their rules of order.
(3) Law defining the
principles of transactions and contacts internally between the two chambers,
as well as externally, can vest execution of the competence of chambers according
to the paragraph 2 to common body of chambers.
Article 11
The territory of the Czech Republic constitutes an indivisible entity the
state frontiers whereof may be changed only by a Constitutional Act.
Article 12
(1) Acquisition and loss of citizenship of the Czech Republic shall be
governed by law.
(2) Nobody may be deprived of his or her citizenship against his or her will.
Article 13
The capital of the Czech Republic shall be the city of Prague.
Article 14
(1) The national symbols of the Czech Republic shall be the large and the
small state coat-of- arms, the national colours, the national flag, the
standard of the President of the Republic, the state seal and the national
anthem.
(2) The national symbols and
their use shall be defined by law.
Chapter two
Legislative Power
Article
15
(1) Legislative power in the Czech Republic shall be vested in the Parliament.
(2) The Parliament shall have
two chambers which shall be the Chamber of Deputies and the Senate.
Article 16
(1) The Chamber of Deputies shall have 200 Deputies who shall be elected for
a term of four years.
(2) The Senate shall have 81
Senators who shall be elected for a term of six years. One third of the
Senators shall be elected every two years.
Article 17
(1) Elections to both chambers shall be held within a term beginning on the
thirtieth day prior to the expiration of the electoral term and ending on the
day of its expiration.
(2) If the Chamber of Deputies is dissolved, the elections shall be held
within sixty days of its dissolution.
Article 18
(1) Elections to the Chamber of Deputies shall be held by secret ballot on
the basis of universal, equal and direct suffrage and under the principles of
proportional representation.
(2) Elections to the Senate shall be held by secret ballot on the basis of
universal, equal and direct suffrage and under the principles of the majority
system.
(3) Every citizen of the Czech Republic who has attained the age of eighteen
years shall have the right to vote.
Article 19
(1) Every citizen of the Czech Republic who has the right to vote and who has
attained the age of twenty-one years may be elected to the Chamber of
Deputies.
(2) Every citizen of the Czech Republic who has the right to vote and who has
attained the age of forty years may be elected to the Senate.
(3) The mandate of a Deputy or a
Senator shall be established on his or her election.
Article 20
Other conditions of the exercise of the right to vote, the organization of
elections and the scope of judicial review shall be set by law.
Article 21
Nobody may be at the same time member of both chambers of the Parliament.
Article 22
(1) The office of Deputy or Senator shall be incompatible with
the exercise of the office of the President of the Republic, of a judge or of
other offices specified by law.
(2) On the day when a Deputy or Senator assumes the office of President of
the Republic or on the day when he or she assumes the office of judge or
another office incompatible with the office of Deputy or Senator, his or her
mandate as Deputy or Senator shall cease.
Article 23
(1) A
Deputy shall take an oath of office at the first meeting of the Chamber of
Deputies he or she attends.
(2) A Senator shall take an oath of office at the first meeting of the Senate
he or she attends.
(3) The oath of office of Deputies and Senators shall read:
"I hereby swear my allegiance to the Czech Republic. I swear to uphold
its Constitution and its laws. I swear on my honour that I shall discharge my
office in the interest of all the people and according to my best consciousness
and conscience."
Article 24
A Deputy or a Senator may resign from his or her office by a statement made
personally at a meeting of the chamber the member whereof he or she is. If
serious circumstances prevent him or her from doing so, he or she may so act
in a manner specified by law.
Article 25
The office of a Deputy or a Senator shall be terminated by
a)
refusal to take the oath of office or by taking the
oath with reservation,
b)
expiration of the electoral term,
c)
resignation from office,
d)
loss of eligibility,
e)
dissolution of the Chamber of Deputies in the case
of Deputies,
f)
emergence of incompatibility of office under
Article 22.
Article 26
Deputies and Senators shall exercise their office in person and in conformity
with the oath they have taken and in doing so they shall not be bound by any
instructions.
Article 27
(1) No Deputy or Senator may be disciplined for his or her voting in the
Chamber of Deputies or in the Senate, or in their bodies.
(2) No Deputy or Senator may be criminally prosecuted for statements made in
the Chamber of Deputies or in the Senate, or in their bodies. A Deputy or a
Senator shall be subject only to the disciplinary jurisdiction of the chamber
of which he or she is member.
(3) A Deputy or a Senator who has committed a transgression shall be subject
only to the disciplinary jurisdiction of the chamber of which he or she is
member, unless the law provides differently.
(4) No Deputy or Senator may be criminally prosecuted without the consent of
the chamber of which he or she is member. If the respective chamber denies
its consent, criminal prosecution shall be excluded forever.
(5) A Deputy or a Senator may be
detained only if he or she has been apprehended when committing a criminal
offence or immediately thereafter. The competent agency shall immediately
report the detention to the chairman of the chamber of which the detainee is
member; if the chairman of the respective chamber does not consent within
twenty-four hours of the detention to the surrender of the detainee to a
court, the competent agency shall release him or her. At its first subsequent
meeting the respective chamber shall decide with final validity on the
admissibility of the prosecution.
Article 28
A Deputy and a Senator may refuse giving evidence on facts of which he or she
may have learned while performing his or her office even after he or she has
ceased being a Deputy or a Senator.
Article 29
(1) The Chamber of Deputies shall elect and recall the Chairman and the
Vice-Chairmen of the Chamber of Deputies.
(2) The Senate shall elect and
recall the Chairman and the Vice-Chairmen of the Senate.
Article 30
(1) In
order to investigate a matter of public concern, the Chamber of Deputies may
establish an investigation commission if not less than one fifth of the
Deputies so move.
(2) The proceedings before the commission shall be governed by law.
Article 31
(1) The chambers shall establish as their bodies committees and commissions.
(2) The work of the committees and commissions shall be governed by law.
Article 32
A Deputy or a Senator who is a member of the Government may not be the
Chairman or Vice-Chairman of the Chamber of Deputies or of the Senate, or a
member of a parliamentary committee, an investigation commission or
commission.
Article 33
(1) If the Chamber of Deputies is dissolved, the Senate shall adopt legal
measures regarding matters which cannot be delayed and which would otherwise
require the enactment of a law.
(2) However, the Senate may not
adopt legal measures regarding the Constitution, the State Budget, the final state
budgetary account, the electoral law and international treaties under Article
10.
(3) A legal measure may be proposed to the Senate for adoption only by the
Government.
(4) A legal measure adopted by the Senate shall be signed by the Chairman of
the Senate, the President of the Republic and the Prime Minister.
(5) A legal measure of the Senate shall have to be approved by the Chamber of
Deputies at its first meeting. If the Chamber of Deputies does not approve
it, its continued validity shall cease.
Article 34
(1) Both chambers shall be in session permanently. Sessions of the Chamber of
Deputies shall be convened by the President of the Republic so that a session
opens not later than on the thirtieth day folowing election day; if the
President fails to do so, the Chamber of Deputies shall meet on the thirtieth
day after election day.
(2) The session of a chamber may be recessed by resolution. The total period
for which the session may be recessed may not exceed one hundred and twenty
days in a year.
(3) When a session is in recess, the Chairman of the Chamber of Deputies or
of the Senate may convene the chamber prior to the set term of recess. He or
she shall do so always when so requested by the President of the Republic,
the Government or by at least one fifth of the members of the respective
chamber.
(4) The session of the Chamber of Deputies shall end on the expiration of its
electoral term or by its dissolution.
Article 35
(1) The Chamber of Deputies may be dissolved by the President of the
Republic, if
a)
the Chamber of Deputies failes to vote confidence
in a newly appointed Government the Prime Minister whereof was appointed by
the President on the proposal of the Chairman of the Chamber of Deputies,
b)
the Chamber of Deputies has not decided on a
Government Bill the consideration whereof the Government tied to the question
of confidence,
c)
the session of the Chamber of Deputies has been
recessed for a longer than admissible term,
d)
the Chamber of Deputies has not had a quorum for a
period longer than three months although its session was not recessed and
although during the said period it had beenrepeatedly convened to meet.
(2) The Chamber of Deputies may not be dissolved three
months prior to the end of its electoral term.
Article 36
Meetings of both chambers shall be public. The public may be excluded only
under conditions defined by law.
Article 37
(1) Joint meetings of both chambers shall be convened by the Chairman of the
Chamber of Deputies.
(2) Deliberations of joint meetings of both chambers shall be governed by the
Rules of Procedure of the Chamber of Deputies.
Article 38
(1) Any member of the Government may attend meetings of either chamber, its
committees and commissions. He shall be given the floor whenever he asks for
it.
(2) Any member of the Government shall personally appear at a meeting of the
Chamber of Deputies on the basis of its decision. This shall also apply to
meetings of a committee, a commission or investigating commission, where,
however, the respective member of the Government may let himself or herself
be represented by his or her deputy or another member of Government, unless
his personal presence is expressly requested.
Article 39
(1) Both chambers shall have a quorum if at least one third of their members
are present.
(2) The decision of a chamber shall be adopted if approved by more than half
of the Deputies or Senators present.
(3) Decisions on declaration of war and approval of the sending of the Armed Forces of the Czech Republic out of
territory of the Czech Republic or of the presence of the Armed Forces of other
states on the territory of the Czech republc, as to pass resolution on participation
of the Czech Republic in systems of defence of international organization, of
which is Czech Republic member shall require the consent of more than
half of all Deputies and more than half of all Senators.
(4) Adoption of Constitutional Acts and approval of international treaties
specified in Article 10 require the consent of a three-fifth majority of all
Deputies and of a three-fifth majority of the Senators present.
(The following
provision will come into force on 1st of June 2002; 395/2001 Coll.)
(4) Adoption of
Constitutional Acts and approval of ratification of international treaty
according to the article 10a paragraph 1 require the consent of a three-fifth
majority of all Deputies and of a three-fifth majority of the Senators
present.
Article 40
The electoral law, the law defining the principles of transactions and
contacts internally between the two chambers, as well as externally, and the
law on the rules of procedure of the Senate shall be passed if and when
approved by both the Chamber of Deputies and the Senate.
Article 41
(1) Bills shall be introduced in the Chamber of Deputies.
(2) Bills may be introduced by a Deputy, a group of Deputies, the Senate, the
Government, or the representative body of a superior self-governing
territorial unit.
Article 42
(1) The Draft State Budget and the Draft Final State Budgetary Account shall
be introduced by the Government.
(2) The aforesaid drafts shall
be considered and decided upon at public meetings by the Chamber of Deputies
alone.
Article 43
(1)
The Parliament may decide to declare a state of war, if the Czech Republic is
attacked , or if it must meet its international treaty obligations on common
defence against aggression.
(2)
The Parliament may decide on participation of the Czech Republic in systems of
defence of international organization, of which is Czech Republic member.
(3)
The Parliament may approve:
a)
with sending of the Armed Forces of the
Czech Republic out of territory of the Czech Republic or
b)
with presence of the Armed Forces of other
states on the territory of the Czech republc,
unless these decissions are not reserved to the government.
(4) The government decides on approval with sending of the Armed Forces of the Czech Republic out of
territory of the Czech Republic or of the presence of the Armed Forces of other
states on the territory of the Czech republc, at least on 60 day, if it relates to:
a)
fulfilment of oblgations from international
traties about common defence aggainst aggression,
b)
participation on peace operation
according to the decission of international organization, of which is the
Czech republic member, and with consent of acceptance state,
c)
participation on rescue working because
of natural calamities, industrial or ecological disasters.
(5) Government decides further on
a)
transit of
the Armed forces of other states through territory of the Czech Republic or
on their fly past above territory of the Czech Republic,
b)
partcipation
of the Armed Forces of the Czech Republic on armed drills out of the
territory of the Czech Republic and on participation of Armed Forces on armed
drills on the territory of the Czehc Republic.
(6)
About decissions according to the paragraphs 4 and 5 government informs immediately
both Chambers of the Parliament. Parliament can dissolve the decission of the
government; to decide on dissolution of the governmental decission suffice
non-constental resolution of one of Chambers passed by majority of all members
of the Chamber.
Article 44
(1) The Government may express its opinion on all Bills.
(2) If the Government does not express its opinion on a Bill within thirty
days of the day the Bill was delivered to it, it shall be deemed to have
expressed itself positively.
(3) The Government may ask the Chamber of Deputies to complete its
consideration of a Government Bill within three months of its introduction,
provided that the Government ties thereto its request for a vote of
confidence.
Article 45
A Bill passed by the Chamber of Deputies shall be reffered by it to the
Senate without unwarranted delay.
Article 46
(1) The Senate shall consider a Bill referred to it and decide thereon within
thirty days of the day the Bill was sent to it.
(2) In its decision the Senate shall pass or defeat the Bill or shall return
it to the Chamber of Deputies with amendments, or shall express its resolve
not to consider it.
(3) If the Senate does not express itself within the term set in paragraph 1,
the Bill shall be considered as having been passed.
Article 47
(1) If the Senate defeats a Bill, the Chamber of Deputies shall take a second
vote thereon. The Bill shall pass if approved by more than half of all
Deputies.
(2) If the Senate returns a Bill to the Chamber of Deputies with amendments,
the Chamber of Deputies shall vote on its version passed by the Senate. The
Bill shall pass by its resolution.
(3) If the Chamber of Deputies does not pass the Bill in the version approved
by the Senate, it shall take a new vote on the Bill in the version in which
it was referred to the Senate. The Bill shall then pass if approved by more
than half of all Deputies.
(4) No amendments may be introduced when a defeated or returned Bill is
considered in the Chamber of Deputies.
Article 48
If the Senate resolves not to consider a Bill, its resolution shall pass the
Bill.
Article 49
(1) International treaties requiring ratification by the Parliament shall be
approved by the Parliament in like manner as Bills.
(2) Ratification by the Parliament shall be required for treaties on human
rights and fundamental freedoms, political treaties and economic treaties of
general nature, as well as treaties the implementation whereof requires a
law.
(The following
provision will come into force on 1st of June 2002; 395/2001 Coll.)
Article 49
To ratify international treaties
a)
regulate the rights and duties of
persons,
b)
of
alliance, peace and other political,
c)
which found membership of the Czech
Republic in international organization,
d)
economical, which are general character,
e)
on other matterswhich regulation is reserved
t the law,
is neccesary approval
of the Parliament.
Article 50
(1) The President of the Republic may return an enacted law, with the
exception of Constitutional Acts, together with the grounds for the return,
within fifteen days of the day the law was reffered to him.
(2) The Chamber of Deputies
shall take a new vote on the returned law. No amendments may be introduced.
If the Chamber of Deputies upholds the returned law by majority vote of all
Deputies, the law shall be promulgated. If not, the law shall be considered
defeated.
Article 51
Laws which have been enacted shall be signed by the Chairman of the Chamber
of Deputies, the President of the Republic and the Prime Minister.
Article 52
An enacted law shall enter into effect when promulgated. The manner of
promulgation of laws shall be specified by law. The same shall apply to
international treaties ratified by the Parliament.
(The following
provision will come into force on 1st of June 2002; 395/2001 Coll.)
Article 52
(1) An enacted law shall enter into effect when
promulgated.
(2) The manner of
promulgation of laws and international treaties shall be specified by law.
Article 53
(1) Every Deputy may interpellate the Government or its members with respect
to matters under their jurisdiction.
(2) Interpellated Government
members shall answer the interpellation within thirty days of its
introduction.
Chapter three
Executive Power
President of the Republic
Article
54
(1) The President of the Republic is the Head of State.
(2) The President of the Republic shall be elected at a
joint meeting of both chambers of the Parliament.
(3) The President of the Republic shall not be accountable for the
performance of his office.
Article 55
The
President of the Republic shall assume his office by taking the official
oath. His term of office shall be five years and shall begin to run on the
day he takes the official oath.
Article 56
The election shall take place within the last thirty days of the term of
office of the incumbent President. If the office of President of the Republic
is vacated, the election shall take place within thirty days.
Article 57
(1) Any citizen who is eligible for election to the Senate may be elected
President of the Republic.
(2) Nobody may be elected President of the Republic more than twice in
succession.
Article 58
(1) Nomination of a candidate for the presidency may be introduced by not
less than ten Deputies or ten Senators.
(2) The candidate who has won
the majority of votes of all Deputies and the majority of votes of all
Senators shall be elected President of the Republic.
(3) If no candidate wins the majority of votes of all Deputies and of all
Senators, a second round of the election shall be held within fourteen days.
(4) The candidate who won the largest number of votes in the Chamber of
Deputies and the candidate who won the largest number of votes in the Senate
shall pass to the second round of the election.
(5) If several candidates win an equal highest number of votes in the Chamber
of Deputies or several candidates win an equal highest number of votes in the
Senate, the votes cast for such candidates in both chambers shall be added
up. The candidate who has thus obtained the largest number of votes shall
pass to the second round.
(6) The candidate who wins the majority of votes of the Deputies present and
the majority of votes of the Senators present shall be elected.
(7) If the President of the Republic is not elected in the second round
either, a third round of the election shall be held within fourteen days, in
which the candidate from the second round, who wins the majority of votes of
the Deputies and Senators present, shall be elected.
(8) If the President of the Republic is not elected even in the third round,
a new election shall be held.
Article 59
(1) The President of the Republic shall take an oath of office at a joint
meeting of both chambers of the Parliament, where it shall be administered by
the Chairman of the Chamber of Deputies.
(2) The President's oath shall read as follows: "I swear allegiance to
the Czech Republic. I swear to uphold its Constitution and laws. I swear upon
my honour that I shall perform my office in the interest of all the people
and according to my best consciousness and conscience."
Article 60
If the President of the Republic refuses to take the oath or takes it with a
reservation, he shall be regarded as not having been elected.
Article 61
The President of the Republic may resign from his office by placing his
resignation into the hands of the Chairman of the Chamber of Deputies.
Article 62
The President of the Republic shall
a)
appoint and recall the Prime Minister and other
members of the Government and accept their resignation, recall the Government
and accept its resignation,
b)
convene sessions of the Chamber of Deputies,
c)
dissolve the Chamber of Deputies,
d)
authorize the Government the resignation of which
he accepted or which he recalled with continued performance of its duties
provisionally untill a new Government is appointed,
e)
appoint Justices of the Constitutional Court, its
Chief Justice and Assistant Chief Justices,
f)
appoint from among the Justices of the Supreme
Court the Chief Justice and Assistant Chief Justices of the Supreme Court,
g)
pardon and mitigate penalties imposed by a court,
order that criminal proceedings should not be initiated and, if already
initiated, should be suspended, and that previous sentences should be
expunged,
h)
have the right to return to the Parliament an
enacted law with the exception of Constitutional Acts,
i)
sign enacted laws,
j)
appoint the President and the Vice President of the
Supreme Control Office,
k)
appoint members of the Bank Board of the Czech
National Bank.
Article 63
(1) The President of the Republic shall furthermore
a)
represent the State with respect to other countries,
b)
negotiate and ratify international treaties; he may
delegate the negotiation of international treaties to the Government or, with
its consent, to its individual members,
c)
be the supreme commander of the armed forces,
d)
receive the heads of diplomatic missions,
e)
appoint and recall the heads of diplomatic missions,
f)
call elections to the Chamber of Deputies and the
Senate,
g)
appoint and promote generals,
h)
award and bestow state decorations unless he
authorizes a different body to do so,
i)
appoint judges,
j)
have the right to grant amnesty.
(2) The President of the Republic shall also exercise authority which is not
explicitly defined in this Constitutional Act, if the law so provides.
(3) Decisions made by the President of the Republic pursuant to the
provisions of paragraphs 1 and 2 shall be valid only if countersigned by the
Prime Minister or by a member of the Government so authorized by the Prime
Minister.
(4) The responsibility for a decision made by the President of
the Republic, which must be countersigned by the Prime Minister or a member
of the Government authorized by him, shall be borne by the Government.
Article 64
(1) The President of the Republic may attend meetings of both chambers of the
Parliament, their committees and commissions. He shall be given the floor
whenever he asks for it.
(2) The President of the Republic may attend meetings of the Government, ask
for reports from the Government and its members, and discuss with the
Government or its members matters which are under their jurisdiction.
Article 65
(1) The President of the Republic may not be detained, subjected to criminal
prosecution or charged with a transgression or a different administrative
offense.
(2) The President of the Republic may be impeached by the Senate for high
treason at the Constitutional Court. The penalty may be loss of his
presidential office and of his eligibility to regainit.
(3) Criminal prosecution for criminal offences committed by the President of
the Republic while performing his office shall be precluded for all times.
Article 66
If the office of President of the Republic is vacated and a new President has
not yet been elected or has not yet taken his oath of office, or if the President
of the Republic is unable to perform his official duties for serious reasons,
and if the Chamber of Deputies and the Senate so decide, the performance of
the presidential duties pursuant to the provisions of Article 63 par. 1 (a),
(b), (c), (d), (e), (h), (i), and (j), and Article 63 par. 2, shall appertain
to the Prime Minister. When the Prime Minister is performing limited official
duties of the President of the Republic, the Chairman of the Chamber of
Deputies shall perform the presidential duties specified in Article 62,
insets (a), (b), (c), (d), (e) and (k); if the office of President of the
Republic is vacated at a time when the Chamber of Deputies is dissolved, the
performance of these duties shall appertain to the Chairman of the Senate.
The Government
Article
67
(1) The Government is the supreme body of executive power.
(2) The Government shall consist of the Prime Minister, Deputy Prime
Ministers and Ministers.
Article 68
(1) The Government shall be accountable to the Chamber of Deputies.
(2) The Prime Minister shall be
appointed by the President of the Republic who shall appoint on the Prime
Minister's proposal the other members of the Government and shall entrust
them with the direction of individual ministries or other agencies.
(3) Within thirty days after its appointment the Government shall present
itself to the Chamber of Deputies and shall ask it for a vote of confidence.
(4) If a newly appointed Government fails to win the confidence of the
Chamber of Deputies, the procedure specified in paragraphs 2 and 3 shall be
followed. If a thus appointed Government again fails to win the confidence of
the Chamber of Deputies, the President of the Republic shall appoint a Prime
Minister on the proposal of the Chairman of the Chamber of Deputies.
(5) In other cases the President of the Republic shall appoint and recall on
the proposal of the Prime Minister the other members of the Government and
shall entrust them with the direction of ministries or other agencies.
Article 69
(1) Each Member of Government shall take an oath of office administered by
the President of the Republic.
(2) The oath taken by a Member
of the Government shall read: "I herby swear allegiance to the Czech
Republic. I swear to uphold its Constitution and laws and to implement them.
I swear upon my honour that I shall conscientiously perform my office and
shall not misuse my position."
Article 70
A Member of Government may not engage in activity the nature whereof
contradicts the performance of his office. Detailed provisions shall be set
by law.
Article 71
The Government may ask the Chamber of Deputies for a vote of confidence.
Article 72
(1) The Chamber of Deputies may express no confidence in the Government.
(2) A motion to express no confidence in the Government shall be considered
by the Chamber of Deputies only if it is filed in written form by not less
then fifty Deputies. The motion shall be admitted when approved by the
majority of all Deputies.
Article 73
(1) The Prime Minister shall submit his resignation to the President of the
Republic. Other Members of Government shall submit their resignations to the
President of the Republic through the Prime Minister.
(2) The Government shall resign if the Chamber of Deputies rejects its
request for a vote of confidence or if it voted no confidence in the
Government.
(3) If the Government resigns in accordance with the provision of paragraph
2, the President of the Republic shall accept its resignation.
Article 74
The President of the Republic shall recall a Member of Government if the
Prime Minister so proposes.
Article 75
The President of the Republic shall recall a Government which has not
resigned although required to do so.
Article 76
(1) The Government shall make its decisions as a body.
(2) In order to be adopted, a decision of the Government shall have to be
approved by the majority of all its members.
Article 77
(1) The Prime Minister shall organize the work of the Government, preside
over its meetings, act in its name and pursue other activities entrusted to
him by the Constitution or other laws.
(2) The Prime Minister shall be represented in his absence by a Deputy Prime
Minister or another so authorized Member of Government.
Article 78
The Government may issue decrees for the implementation and within the scope
of laws. Decrees shall be signed by the Prime Minister and the pertinent
Member of Government.
Article 79
(1) Ministries and other administrative agencies and their jurisdiction may
be established only by law.
(2) The legal status of government employees in ministries and other
administrative agencies shall be defined by law.
(3) Ministries, other administrative agencies and territorial self-government
bodies may issue on the basis and within the scope of a law legal
regulations, if they are authorized to do so by law.
Article 80
(1) State attorneys shall represent public prosecution in penal proceedings;
they shall also perform other duties, if the law so provides.
(2) The position and the jurisdiction of state attorneys shall be defined by
law.
Chapter four
Judicial Power
Article
81
Judicial power shall be exercised in the name of the Republic by independent
courts.
Article 82
(1) Judges shall be independent in the performance of their office. Nobody
may jeopardize their impartiality.
(2) A judge may not be recalled or transferred to another court against his
will; exceptions, ensuing in particular from disciplinary liability, shall be
specified by law.
(3) The office of judge shall be incompatible with the office of President of
the Republic, Member of Parliament, or any office in public administration;
the law shall specify which other activities are incompatible with the
performance of judicial office.
The Constitutional Court
Article
83
The Constitutional Court is a judicial body charged with protection of
constitutional rule.
Article 84
(1) The Constitutional Court shall consist of fifteen Justices appointed for
a term of ten years.
(2) Justices of the Constitutional Court shall be appointed by the President
of the Republic and shall be confirmed by the Senate.
(3) Any citizen of full integrity who is eligible for election to the Senate,
is the graduate of a university law school and has been active in the legal
profession for at least ten years may be appointed Justice of the
Contitutional Court.
Article 85
(1) A Justice of the Constitutional Court shall assume his office by taking
the official oath administered by the President of the Republic.
(2) The oath taken by Justices of the Constitutional Court shall read:
"I hereby swear on my honour and conscience to protect the inviolability
of man's natural rights and the rights of citizen, to uphold constitutional
laws and to make my decisions independently and without prejudice according
to my best conviction."
(3) If a Justice refuses to take the official oath or takes it with a
reservation, he shall be regarded as not having been appointed.
Article 86
(1) A Justice of the Constitutional Court may not be subjected to criminal
prosecution without the consent of the Senate. If the Senate refuses to grant
its consent thereto, criminal prosecution of the Justice shall be precluded
for all times.
(2) A Justice of the Constitutional Court may be detained only if he is
apprehended while committing a criminal act or immediately thereafter. The competent
agency shall report the detention without delay to the Chairman of the
Senate. If the Chairman of the Senate does not consent withintwenty-four
hours of the detention to delivery of the detainee to a court, the competent
agency shall release the latter. At its first subsequent meeting the Senate
shall decide on admissibility of the criminal prosecution with final
validity.
(3) A justice of the Constitutional Court may refuse to give evidence on
facts of which he learned in connection with the performance of his office
even after he ceased to be a Justice of the Constitutional Court.
Article 87
(1) The Constitutional Court shall rule on
a)
repeal of laws or their individual provisions which
are in violation of a Constitutional Act or an international treaty defined
in Article 10,
b)
repeal of other legal regulations or their
individual provisions which are in violation of a Constitutional Act, a law
or an international treaty defined in Article 10,
c)
constitutional complaints filed by territorial
self-government bodies against illegal interventions by the State,
d)
constitutional complaints filed against final
decisions and other interventions by agencies of public authority, violating
constitutionally guaranteed fundamental rights and freedoms,
e)
appeals against decisions in matters of
confirmation of the election of a Deputy or Senator,
f)
reservations on loss of eligibility and on
incompatibility of holding the office of Deputy or Senator according to
Article 25,
g)
impeachment by the Senate of the President of the
Republic under Article 65, par. 2,
h)
the Presidential proposal to repeal a decision of
the Chamber of Deputies and the Senate according to Article 66,
i)
measures essential for the implementation of a
ruling by an international court, which is binding for the Czech Republic,
unless it can be implemented in a different manner,
j)
whether a decision on the dissolution of a
political party, or another decision regarding the activity of a political
party, conforms to constitutional or other laws,
k)
disputes regarding the scope of the jurisdiction of
state agencies and territorial self-government agencies, unless such disputes
are under the jurisdiction of a different body.
(2) A law may stipulate that in place of the Constitutional Court, rulings
shall be issued by the Supreme Administrative Court in respect of
a)
repeal of legal regulations or their individual
provisions, which are in violation of the law,
b)
disputes regarding the scope of the jurisdiction of
state agencies and territorial self-government agencies, unless such disputes
are under the jurisdiction of a different body.
(The following
provisions will come into force on 1st of June 2002; 395/2001 Coll.)
Article 87
(1) The Constitutional Court shall rule on
a)
repeal of laws or their individual
provisions which are in violation of constitutional oder.
b)
repeal of other legal regulations or
their individual provisions which are in violation of constitutional order or
law.
c)
constitutional complaints filed by
territorial self-government bodies against illegal interventions by the
State,
d)
constitutional complaints filed against
final decisions and other interventions by agencies of public authority,
violating constitutionally guaranteed fundamental rights and freedoms,
e)
appeals against decisions in matters of
confirmation of the election of a Deputy or Senator,
f)
reservations on loss of eligibility and
on incompatibility of holding the office of Deputy or Senator according to
Article 25,
g)
impeachment by the Senate of the
President of the Republic under Article 65, par. 2,
h)
the Presidential proposal to repeal a
decision of the Chamber of Deputies and the Senate according to Article 66,
i)
measures essential for the
implementation of a ruling by an international court, which is binding for
the Czech Republic, unless it can be implemented in a different manner,
j)
whether a decision on the dissolution of
a political party, or another decision regarding the activity of a political
party, conforms to constitutional or other laws,
k)
disputes regarding the scope of the
jurisdiction of state agencies and territorial self-government agencies,
unless such disputes are under the jurisdiction of a different body.
(2) Constitutional Court shall further rule on conformity of international
treaty according to the article 10a and article 49 with constitutional order,
before its ratification. Before decission of the Constitutional Court the
treaty cannot be ratified.
(3) A law may stipulate that
in place of the Constitutional Court, rulings shall be issued by the Supreme
Administrative Court in respect of
c)
repeal of legal regulations or their
individual provisions, which are in violation of the law,
d)
disputes regarding the scope of the
jurisdiction of state agencies and territorial self-government agencies, unless
such disputes are under the jurisdiction of a different body.
Article 88
(1) A law shall determine who and under what conditions may file a motion to
initiate proceedings and other rules of procedure before the Constitutional
Court.
(2) Justices of the
Constitutional Court shall be bound in their decision-making only by
constitutional laws and international treaties specified in Article 10, and
by law as stipulated in Article 1.
(The following
provisions will come into force on 1st of June 2002; 395/2001 Coll.)
(2) Justices of the
Constitutional Court shall be bound in their decision-making only by
constitutional order and by law as stipulated in Article 1.
Article 89
(1) A ruling issued by the Constitutional Court shall be enforceable upon its
promulgation in a manner set by law, unless the Constitutional Court rules
differently on its enforcement.
(2) Enforceable rulings of the Constitutional Court shall be binding for all
agencies and individuals.
(The
following provisions will come into force on 1st of June 2002; 395/2001 Coll.)
(3) Ruling of Constitutional Court, in which
was according to the article 87 paragraph 2 declared non-conformity with
constitutional order, impedes the ratification of the treaty, until the
non-conformity will be removed.
The courts
Article
90
The courts shall first and foremost provide in a manner defined by law
protection of rights. A court alone shall decide about guilt and penalty for
criminal offences.
Article 91
(1) The system of courts shall be made up of the Supreme Court, the Supreme
Administrative Court, and superior, regional and district courts. Their
designation may be changed by law.
(2) The jurisdiction and the organization of courts shall be defined by law.
Article 92
The Supreme Court is the supreme judicial body with respect to matters which
are under the jurisdiction of courts, save matters ruled on by the
Constitutional Court or the Supreme Administrative Court.
Article 93
(1) Judges shall be appointed for life by the President of the Republic. A
judge shall assume his office by taking the oath of office.
(2) Any
citizen with full integrity, who is the graduate of a university law school,
may be appointed judge. Additional requisites and the appointment procedure
shall be defined by law.
Article 94
(1) The
law shall specify the cases when judges decide in bench and the composition
of a bench. In other cases judges shall decide as single judges.
(2) The
law may define in what cases and in what manner other citizens participate in
addition to judges in judicial decision-making.
Article 95
(1) In making decisions a judge shall be bound by the law; he may assess the
compliance of another legal regulation with the law.
(2) If a court concludes that the law which is to be applied to the
settlement of a case is in violation of a Constitutional Act, it shall refer
the case to the Constitutional Court.
(The following provisions will come into force on 1st of June 2002;
395/2001 Coll.)
Article 95
(1) In making
decisions a judge shall be bound by the law and international treay. which is
component part of the legal order; he may assess the compliance of another
legal regulation with the law or with this international treaty.
(2) If a court concludes that the law which is to be applied to the
settlement of a case is in violation of a constitutional order, it shall
refer the case to the Constitutional Court.
Article 96
(1) All parties to judicial proceedings shall have equal rights.
(2) Proceedings before a court shall be oral and public; exceptions shall be
defined by law. Verdicts shall always be pronounced in public.
Chapter five
The Supreme Control Office
Article 97
(1) The Supreme Control Office is an independent body. It shall control the
management of state property and the implementation of the State Budget.
(2) The President and the Vice-President of the Supreme Control Office shall
be appointed by the President of the Republic on the proposal of the Chamber
of Deputies.
(3) The status, the jurisdiction, the organizational structure and other
details regarding the Supreme Control Office shall be defined by law.
Chapter six
The Czech National Bank
Article 98
(1) The Czech National Bank is
the central bank of the State. The main purpose of its operations shall be
care for the stability of the pricing; intercessions in its operations may be
effected only on the basis of law.
(2) The position and competence of and other details regarding the Czech
National Bank shall be defined by law.
Chapter seven
Territorial Self-government
Article
99
The Czech Republic shall be divided into municipalities
which shall be the basic self-governing territorial divisions and regions,
which are superior self-governing territorial divisions.
Article 100
(1) Self-governing territorial divisions are communities of citizens
inhabiting a particular area, which have the right of self-government. The
law shall define when they constitute administrative areas.
(2) A community shall be always a component of a superior self-governing
territorial division.
(3) A superior self-governing territorial division may be constituted or
abolished only by a Constitutional Act.
Article 101
(1) A community shall be independently administered by a community assembly.
(2) A superior self-governing territorial division shall be independently
administered by an assembly of representatives.
(3) Self-governing territorial divisions are public-law corporations which
may have their own property and which operate according to their own budget.
(4) The State may intervene in the activities of self-governing territorial
divisions only if such intervention is required by protection of the law and
only in a manner defined by law.
Article 102
(1) Assembly members shall be elected by secret ballot on the basis of
universal, equal and direct suffrage.
(2) The term of office of an assembly shall be four years. The law shall
define the conditions under which a new election of an assembly shall be
called prior to the expiration of its term of office.
Article 103
abolished
Article 104
(1) The jurisdiction of assemblies may be set only by law.
(2) A community assembly shall decide on matters of community self-government
save in cases where these matters are entrusted to the assembly of a superior
self-governing territorial division.
(3) Assemblies may within the scope of their jurisdiction issue generally
binding ordinances.
Article 105
Exercise
of state administration may be entrusted to territorial self-government
bodies only when so provided by law.
Chapter eight
Interim and Final Provisions
Article 106
(1) On the day this Constitution enters into effect, the Czech National
Council shall become the Chamber of Deputies, the electoral term whereof
shall end on 6th of June, 1996.
(2) Until the Senate is elected in accordance with the Constitution, the
function of the Senate shall be performed by a Provisional Senate. The
Provisional Senate shall be constituted in a manner defined by a
Constitutional Act. Until such Act enters into effect, the function of the
Senate shall be performed by the Chamber of Deputies.
(3) The Chamber of Deputies may
not be dissolved as long as it performs the function of the Senate pursuant
to the provisions of paragraph 2.
(4) Until laws on the rules of procedures of both chambers of the Parliament
are enacted, the two chambers shall proceed according to the Rules of
Procedure of the Czech National Council.
Article 107
(1) The law on election of the Senate shall define the manner of determining
in the first election to the Senate the third of Senators whose electoral
term will be two years, and the third of Senators whose electoral term will
be four years.
(2) Sessions of the Senate shall be convened by the President of the Republic
so that they begin not later than on the thirtieth day following election
day; if he fails to do so, the Senate shall meet in session on the thirtieth
day following election day.
Article 108
The Government of the Czech Republic appointed after the elections held in
1992 and performing its function on the day this Constitution enters into
effect shall be considered to be a Government appointed under this
Constitution.
Article 109
Until such time as the system of state attorneys is instituted, its function
shall be performed by the Office of the Prosecutor of the Czech Republic.
Article 110
Until the 31st of December, 1993, the judiciary system shall also include
military courts.
Article 111
Judges and Justices at all courts of the Czech Republic serving as judges or
Justices on the day this Constitution enters into effect shall be considered
to be judges and Justices appointed under the Constitution of the Czech
Republic.
Article 112
(1) The constitutional system of the Czech Republic shall comprise this
Constitution, the Charter of Fundamental Rights and Freedoms, Constitutional
Acts adopted under the provisions of this Constitution, and Constitutional
Acts of the National Assembly of the Czechoslovak Republic, the Federal
Assembly of the Czechoslovak Socialist Republic and of the Czech National
Council defining the state frontier of the Czech Republic, and Constitutional
Acts of the Czech National Council adopted after the 6th of June, 1992.
(2) The existing Constitution, the Constitutional Act concerning the
Czechoslovak Federation, the Constitutional Acts amending it, and the
Constitutional Act of the Czech National Council No. 67/1990, on the State
Symbols of the Czech Republic, are hereby repealed.
(3) The other Constitutional Acts in force on the territory of the Czech
Republic on the day this Constitution enters into effect shall have the force
of a law.
Article 113
This Constitution shall enter into effect on the 1st of January, 1993.
Milan
Uhde
(Chairman
of the Chamber of Deputies)
Václav
Klaus
(Prime
Minister)
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