CONSTITUTION OF THE CZECH REPUBLIC
of 16 December 1992
[As amended by constitutional acts No. 347/1997 Sb., No.
300/2000 Sb., No. 395/2001 Sb., No. 448/2001 Sb., and No.
515/2002 Sb., and as supplemented by Constitutional Act of 22
April 1998, No. 110/1998 Sb., on the Security of the Czech
Republic, and Act No. 515/2002 Sb., concerning the Referendum
on the Czech Republic’s Accession to the European Union]
The Czech National Council has enacted the following Constitutional Act:
PREAMBLE
We, the citizens of the Czech Republic in Bohemia, in Moravia, and in Silesia,
At the time of the restoration of an independent Czech state,
Faithful to all good traditions of the long-existing statehood of the lands
of the Czech Crown, as well as of Czechoslovak statehood,
Resolved to build, safeguard, and develop the Czech Republic in the spirit of
the sanctity of human dignity and liberty,
As the homeland of free citizens enjoying equal rights, conscious of their duties
towards others and their responsibility towards the community,
As a free and democratic state founded on respect for human rights and on the
principles of civic society,
As a part of the family of democracies in Europe and around the world,
Resolved to guard and develop together the natural and cultural, material and
spiritual wealth handed down to us,
Resolved to abide by all proven principles of a state governed by the rule of
law,
Through our freely-elected representatives, do adopt this Constitution of the
Czech Republic.
CHAPTER ONE
Fundamental Provisions
ARTICLE 1
(1) The Czech Republic is a sovereign, unitary, and democratic state governed
by the rule of law, founded on respect for the rights and freedoms of man and
of citizens.
(2) The Czech Republic shall observe its obligations resulting from international
law.
ARTICLE 2
(1) All state authority emanates from the people; they exercise it through
legislative, executive, and judicial bodies.
(2) A constitutional act may designate the conditions under which the people
may exercise state authority directly.
(3) State authority is to serve all citizens and may be asserted only in cases,
within the bounds, and in the manner provided for by law.
(4) All citizens may do that which is not prohibited by law; and nobody may
be compelled to do that which is not imposed upon her by law.
ARTICLE 3
The Charter of Fundamental Rights and Basic Freedoms forms a part of the constitutional order of the Czech Republic.
ARTICLE 4
The fundamental rights and basic freedoms shall enjoy the protection of judicial
bodies.
ARTICLE 5
The political system is founded on the free and voluntary formation of and free competition among those political parties which respect the fundamental democratic principles and which renounce force as a means of promoting their interests.
ARTICLE 6
Political decisions emerge from the will of the majority manifested in free voting. The decision-making of the majority shall take into consideration the interests of minorities.
ARTICLE 7
The state shall concern itself with the prudent use of its natural resources and the protection of its natural wealth.
ARTICLE 8
The right of autonomous territorial units to self- government is guaranteed.
ARTICLE 9
(1) This Constitution may be supplemented or amended only by constitutional
acts.
(2) Any changes in the essential requirements for a democratic state governed
by the rule of law are impermissible.
(3) Legal norms may not be interpreted so as to authorize anyone to do away
with or jeopardize the democratic foundations of the state.
ARTICLE 10
Promulgated treaties, to the ratification of which Parliament has given its consent and by which the Czech Republic is bound, form a part of the legal order; if a treaty provides something other than that which a statute provides, the treaty shall apply.
ARTICLE 10a
(1) Certain powers of Czech Republic authorities may be transferred by treaty
to an international organization or institution.
(2) The ratification of a treaty under paragraph 1 requires the consent of Parliament,
unless a constitutional act provides that such ratification requires the approval
obtained in a referendum.
ARTICLE 10b
1) The government shall inform the Parliament, regularly and in advance, on
issues connected to obligations resulting from the Czech Republic’s membership
in an international organization or institution.
2) The chambers of Parliament shall give their views on prepared decisions of
such international organization or institution in the manner laid down in their
standing orders.
3) A statute governing the principles of dealings and relations between both
chambers, as well as externally, may entrust the exercise of the chambers’ competence
pursuant to paragraph 2 to a body common to both chambers.
ARTICLE 11
The territory of the Czech Republic forms an indivisible whole, the borders of which may be altered only by constitutional act.
ARTICLE 12
(1) The conditions under which citizenship of the Czech Republic is acquired
and lost shall be provided for by statute.
(2) No person may be deprived of his citizenship against his will.
ARTICLE 13
The capital city of the Czech Republic is Prague.
ARTICLE 14
(1) The small and large state emblem, the state colors, the state flag, the
flag of the President of the Republic, the state seal, and the national anthem
are the state symbols of the Czech Republic.
(2) The state symbols and their use shall be governed by statute.
CHAPTER TWO
Legislative Power
ARTICLE 15
(1) The legislative power of the Czech Republic is vested in the Parliament.
(2) The Parliament consists of two chambers, the Assembly of Deputies and the
Senate.
ARTICLE 16
(1) In the Assembly of Deputies there shall be 200 Deputies, who are elected
to a four-year term of office.
(2) In the Senate there shall be eighty-one Senators, who are elected to a six-year
term of office. Every second year elections for one-third of the Senators shall
be held.
ARTICLE 17
(1) Elections to both chambers shall be held during the period commencing thirty
days prior to the expiration of each electoral term and ending on the day of
its expiration.
(2) If the Assembly of Deputies is dissolved, the elections to it shall be held
within sixty days of the dissolution.
ARTICLE 18
(1) Elections to the Assembly of Deputies shall be held by secret ballot on
the basis of a universal, equal, and direct right to vote, according to the
principle of proportional representation.
(2) Elections to the Senate shall be held by secret ballot on the basis of a
universal, equal, and direct right to vote, according to the principle of majority
rule.
(3) Each citizen of the Czech Republic who has attained the age of eighteen
has the right to vote.
ARTICLE 19
(1) Any citizen of the Czech Republic who has the right to vote and has attained
the age of twenty-one is eligible for election to the Assembly of Deputies.
(2) Any citizen of the Czech Republic who has the right to vote and has attained
the age of forty is eligible for election to the Senate.
(3) Deputies and Senators gain their mandate by their election.
ARTICLE 20
Further conditions upon the exercise of the right to vote, the organization of elections, and the extent of judicial oversight over them shall be provided for by statute.
ARTICLE 21
No person may be at the same time a member of both chambers of Parliament.
ARTICLE 22
(1) The office of Deputy or Senator is incompatible with holding the office
of the President of the Republic, the office of judge, and with other offices
to be designated by statute.
(2) A Deputy or Senator’s mandate shall lapse on the day she assumes the office
of President of the Republic, the office of judge, or other offices incompatible
with the office of Deputy or Senator.
ARTICLE 23
(1) Deputies shall take the oath of office at the first meeting of the Assembly
of Deputies which they attend.
(2) Senators shall take the oath of office at the first meeting of the Senate
which they attend.
(3) Deputies and Senators shall take the following oath of office: "I pledge
loyalty to the Czech Republic. I pledge that I will uphold its Constitution
and laws. I pledge on my honor that I will carry out my duties in the interest
of all the people, to the best of my knowledge and conscience."
ARTICLE 24
Deputies and Senators may resign their seat by a declaration made in person at a meeting of the chamber of which they are a member. Should serious circumstances prevent them from so doing, they shall submit their resignation in the manner provided for by statute.
ARTICLE 25 A Deputy or Senator’s mandate shall lapse:
(a) upon his refusal to take the oath of office or upon
taking the oath with reservations,
(b) upon the expiration of the electoral term,
(c) when he resigns his seat,
(d) upon his loss of eligibility to hold office,
(e) for Deputies, upon the dissolution of the Assembly of Deputies,
(f) when an incompatibility of offices under ARTICLE 22 arises.
ARTICLE 26
Deputies and Senators shall perform their duties personally in accordance with their oath of office; in addition, they shall not be bound by anyone’s instructions.
ARTICLE 27
(1) There shall be no legal recourse against Deputies or Senators for their
votes in the Assembly of Deputies or Senate respectively, or in the bodies thereof.
(2) Deputies and Senators may not be criminally prosecuted for speeches in the
Assembly of Deputies or the Senate respectively, or in the bodies thereof. Deputies
and Senators are subject only to the disciplinary authority of the chamber of
which they are a member.
(3) In respect of administrative offenses, Deputies and Senators are subject
only to the disciplinary authority of the chamber of which they are a member,
unless a statute provides otherwise.
(4) Deputies and Senators may not be criminally prosecuted except with the consent
of the chamber of which they are a member. If that chamber withholds its consent,
such criminal prosecution shall be forever foreclosed.
(5) Deputies and Senators may be arrested only if they are apprehended while
committing a criminal act or immediately thereafter. The arresting authority
must immediately announce such an arrest to the chairperson of the chamber of
which the detainee is a member; if, within twenty-four hours of the arrest,
the chairperson of the chamber does not give her consent to hand the detainee
over to a court, the arresting authority is obliged to release him. At the very
next meeting of that chamber, it shall make the definitive decision as to whether
he may be prosecuted.
ARTICLE 28
Deputies and Senators have the right to refuse to give evidence as to facts about which they learned in connection with the performance of their duties, and this privilege continues in effect even after they cease to be a Deputy or Senator.
ARTICLE 29
(1) The Assembly of Deputies elects and recalls its Chairperson and Vice-Chairpersons.
(2) The Senate elects and recalls its Chairperson and Vice- Chairpersons.
ARTICLE 30
(1) For investigations into matters of public interest, the Assembly of Deputies
may create investigating commissions if at least one-fifth of the Deputies so
propose.
(2) The proceedings before commissions shall be governed by statute.
ARTICLE 31
(1) Each chamber shall establish committees and commissions as its bodies.
(2) The activities of committees and commissions shall be governed by statute.
ARTICLE 32
A Deputy or a Senator who is a member of the government may not serve as the Chairperson or a Vice-Chairperson of the Assembly of Deputies or the Senate or as a member of a parliamentary committee, investigating commission, or commission.
ARTICLE 33
(1) If the Assembly of Deputies is dissolved, the Senate shall be empowered
to adopt legislative measures concerning matters which cannot be delayed and
which would otherwise require the adoption of a statute.
(2) The Senate is not authorized, however, to adopt legislative measures concerning
the Constitution, the state budget, the final state accounting, an electoral
law, or treaties under ARTICLE 10.
(3) Only the government may submit proposals for such legislative measures
to the Senate.
(4) Legislative measures of the Senate shall be signed by the Chairperson of
the Senate, the President of the Republic, and the Prime Minister; they shall
be promulgated in the same manner as statutes.
(5) Legislative measures of the Senate must be ratified by the Assembly of Deputies
at its first meeting. Should the Assembly of Deputies not ratify them, they
shall cease to be in force.
ARTICLE 34
(1) The chambers shall hold standing sessions. The President of the Republic
shall convene sessions of the Assembly of Deputies, so that they may be opened
no later than thirty days after an election. If she fails to do so, the Assembly
of Deputies shall convene on the thirtieth day after the elections.
(2) Sessions of a chamber may be adjourned by resolution. The total number of
days in a year for which a session may be adjourned shall not exceed one hundred
and twenty.
(3) While a session is adjourned, the Chairperson of the Assembly of Deputies
or the Senate may summon their respective chambers to a meeting before the date
designated therefor. They shall always do so should the President of the Republic,
the government, or at least one-fifth of that chamber’s members so request.
(4) Sessions of the Assembly of Deputies conclude upon the expiration of the
electoral term or by its dissolution.
ARTICLE 35 (1) The President of the Republic may dissolve the Assembly of Deputies if:
a) the Assembly of Deputies does not adopt a resolution of confidence in a
newly appointed government, the Prime Minister of which was appointed by the
President of the Republic on the basis of a proposal of the Chairperson of the
Assembly of Deputies;
b) the Assembly of Deputies fails, within three months, to reach decision on
a governmental bill with the consideration of which the government has joined
the issue of confidence.
c) a session of the Assembly of Deputies has been adjourned for a longer period
than is permissible.
d) for a period of more than three months, the Assembly of Deputies has not
formed a quorum, even though its session has not been adjourned and it has,
during this period, been repeatedly summoned to a meeting.
(2) The Assembly of Deputies may not be dissolved during the three-month period preceding the expiration of its electoral term.
ARTICLE 36
Sessions of the chambers shall be open to the public. The public may be excluded only under conditions provided for in a statute.
ARTICLE 37
(1) The Chairperson of the Assembly of Deputies convenes joint meetings of
the chambers.
(2) Joint meetings of the chambers shall be conducted in accordance with the
standing orders of the Assembly of Deputies.
ARTICLE 38
(1) Members of the government have the right to attend the meetings of either
chamber, their committees, or commissions. They shall be given the opportunity
to speak whenever they request.
(2) Members of the government are obliged to appear in person at a meeting of
the Assembly of Deputies, if it so resolves. The same applies to meetings of
committees, commissions, or investigating commissions, in which case, however,
a member of the government may have a deputy or another member of the government
appear in his stead if his personal participation has not been explicitly demanded.
ARTICLE 39
(1) One-third of the members of each chamber constitutes a quorum.
(2) Unless this Constitution provides otherwise, the concurrence of a simple
majority of the Deputies or Senators present is required for the adoption of
a resolution in either chamber.
(3) The concurrence of an absolute majority of all Deputies and an absolute
majority of all Senators is required for the adoption of a resolution declaring
a state of war or a resolution granting assent to sending the armed forces of
the Czech Republic outside the territory of the Czech Republic or the stationing
of the armed forces of other states within the territory of the Czech Republic,
as well as with the adoption of a resolution concerning the Czech Republic's
participation in the defensive systems of an international organization of which
the Czech Republic is a member.
(4) The concurrence of three-fifths of all Deputies and three-fifths of all
Senators present is required for the adoption of a constitutional act or for
giving assent to the ratification of treaties referred to in ARTICLE 10a para.
ARTICLE 40
In order to adopt an electoral law, a law concerning the principles of dealings and relations of both chambers, both between themselves and externally, or a law enacting the standing orders for the Senate, both the Assembly of Deputies and the Senate must approve it.
ARTICLE 41
(1) Bills shall be introduced in the Assembly of Deputies.
(2) Bills may be introduced by Deputies, groups of Deputies, the Senate, the
government, or representative bodies of higher self-governing regions.
ARTICLE 42
(1) Bills on the state budget and the final state accounting shall be introduced
by the government.
(2) These bills shall be debated at a public meeting, and only the Assembly
of Deputies may adopt resolutions concerning them.
ARTICLE 43
(1) Parliament decides on the declaration of a state of war, if the Czech Republic
is attacked, or if such is necessary for the fulfilment of its international
treaty obligations on collective self-defense against aggression.
(2) The Parliament decides on the the Czech Republic's participation in defensive
systems of an international organization of which the Czech Republic is a member.
(3) The Parliament gives its consent to
a) the sending the armed forces of the Czech Republic
outside the territory of the Czech Republic;
b) the stationing of the armed forces of other states
within the territory of the Czech Republic, unless such decisions are reserved
to the government.
(4) The government may decide to send the armed forces of the Czech Republic
outside the territory of the Czech Republic and to allow the stationing of the
armed forces of other states within the territory of the Czech Republic for
a period not exceeding 60 days, in matters concerning the
a) the fulfillment of obligations pursuant to treaties on collective self-defense
against
aggression,
b) participation in peace-keeping operations pursuant to the decision of an
international organization of which the Czech Republic is a member, if the receiving
state consents;
c) participation in rescue operations in cases of natural catastrophe, industrial
or ecological
accidents.
(5) The government may also decide:
a) on the transfer of the armed forces of other states across the territory
of the Czech Republic and on their overflight over the territory of the Czech
Republic.
b) on the participation of the armed forces of the Czech Republic in military
exercises outside the territory of the Czech Republic and on the participation
of the armed forces of other states in military exercises within the territory
of the Czech Republic.
(6) Without delay the government shall inform both chambers of Parliament concerning
any decisions it makes pursuant to paras. 4 and 5. The Parliament may annul
the government's decisions; in order to annul such decisions of the government,
the disapproving resolution of one of the chambers, adopted by an absolute majority
of all its members, shall suffice.
ARTICLE 44
(1) The government has the right to express its views on all bills.
(2) If the government does not express its views on a bill within thirty days
of the of the delivery thereof, it shall be presumed to have positive views.
(3) The government is entitled to require that the Assembly of Deputies conclude
debate on a government-sponsored bill within three months of its submission,
provided that the government joins with it a request for a vote of confidence.
ARTICLE 45
The Assembly of Deputies shall submit bills which it has approved to the Senate without undue delay.
ARTICLE 46
(1) The Senate shall debate bills and take action on them within thirty days
of their submission.
(2) The Senate shall either adopt bills, reject them, return them to the Assembly
of Deputies with proposed amendments, or declare its intention not to deal with
them.
(3) If the Senate does not declare its intention within the time period permitted
by paragraph 1, it shall be deemed to have adopted a bill.
ARTICLE 47
(1) If the Senate rejects a bill, the Assembly of Deputies shall vote on it
again. The bill is adopted if it is approved by an absolute majority of all
Deputies.
(2) If the Senate returns a bill to the Assembly of Deputies with proposed amendments,
the Assembly of Deputies shall vote on the version of the bill approved by the
Senate. The bill is adopted by its resolution.
(3) If the Assembly of Deputies does not approve the version of the bill adopted
by the Senate, it shall vote again on the version it submitted to the Senate.
The bill is adopted if it is approved by an absolute majority of all Deputies.
(4) The Assembly of Deputies may not propose amendments in the course of debate
on a bill that has been rejected or returned to it.
ARTICLE 48
If the Senate declares its intent not to deal with a bill, it shall be adopted by that declaration.
ARTICLE 49
The assent of both chambers of Parliament is required for the ratification
of treaties:
a) affecting the rights or duties of persons;
b) of alliance, peace, or other political nature;
c) by which the Czech Republic becomes a member of an international organization;
d) of a general economic nature;
e) concerning additional matters, the regulation of which is reserved to statute.
ARTICLE 50
(1) With the exception of constitutional acts, the President of the Republic
has the right to return adopted acts, with a statement of her reasons, within
fifteen days of the day they were submitted to her.
(2) The Assembly of Deputies shall vote again on returned acts. Proposed amendments
are not permitted. If the Assembly of Deputies reaffirms its approval of the
act by an absolute majority of all Deputies, the act shall be promulgated. Otherwise
the act shall be deemed not to have been adopted.
ARTICLE 51
Statutes that have been adopted shall be signed by the Chairperson of the Assembly of Deputies, the President of the Republic, and the Prime Minister.
ARTICLE 52
1) In order for a statute to be valid, it must be promulgated.
2) The manner in which statutes and treaties are to be promulgated shall be
provided for by statute.
ARTICLE 53
(1) Each Deputy has the right to interpellate the government or members of
it concerning matters within their competence.
(2) Interpellated members of the government shall respond to an interpellation
within thirty days of its submission.
CHAPTER THREE
Executive Power
THE PRESIDENT OF THE REPUBLIC
ARTICLE 54
(1) The President of the Republic is the head of state.
(2) The Parliament shall elect the President of the Republic at a joint meeting
of both chambers.
(3) The President of the Republic shall not be responsible for the performance
of his duties.
ARTICLE 55
The President of the Republic assumes her office upon taking the oath of office. The President of the Republic’s term of office lasts for five years and begins on the day she takes the oath of office.
ARTICLE 56
The election shall be held during the final thirty days of the term of office of the incumbent President of the Republic. If the office of the President of the Republic becomes vacant, the election shall be held within thirty days of it becoming vacant.
ARTICLE 57
(1) Any citizen eligible for election to the Senate may be elected President.
(2) No person may be elected President more than twice in succession.
ARTICLE 58
(1) A group of at least ten Deputies or ten Senators is entitled to nominate
a candidate.
(2) The candidate who receives an absolute majority of the votes of all Deputies
and an absolute majority of the votes of all Senators is elected President of
the Republic.
(3) Should none of the candidates receive an absolute majority of the votes
of all Deputies and all Senators, a second round of the election shall be held
within fourteen days of the first.
(4) The candidate who received the highest number of votes in the Chamber of
Deputies and the candidate who received the highest number of votes in the Senate
shall advance into the second round.
(5) If more than one candidate receive the same highest number of votes, either
in the Assembly of Deputies or in the Senate, the votes cast for them in both
chambers shall be added together. The candidate who receives the highest number
of votes calculated in this manner shall advance into the second round.
(6) The candidate who receives an absolute majority of the votes of Deputies
present and an absolute majority of the votes of Senators present shall be elected.
(7) If no candidate is elected President of the Republic in the second round
of the election either, within fourteen days thereof, a third round of the election
shall be held, in which the candidate from the second round who receives an
absolute majority of the votes of the Deputies and Senators present shall be
elected.
(8) If no candidate is elected President of the Republic even in the third round,
new elections shall be held.
ARTICLE 59
(1) The Chairman of the Assembly of Deputies shall administer the oath of office
to the President-elect at a joint meeting of both chambers.
(2) The President-elect shall take the following oath of office: "I pledge loyalty
to the Czech Republic. I pledge to uphold its Constitution and laws. I pledge
on my honor to carry out my duties in the interest of all the people, to the
best of my knowledge and conscience."
ARTICLE 60
If the President-elect refuses to take the oath of office or takes it with reservations, he shall be deemed not to have been elected.
ARTICLE 61
The President of the Republic may resign her office by submitting her resignation to the Chairperson of the Assembly of Deputies.
ARTICLE 62 The President of the Republic:
a) appoints and recalls the Prime Minister and other members of the government
and accepts their resignations,
recalls the government and accepts its resignation;
b) convenes sessions of the Assembly of Deputies;
c) may dissolve the Assembly of Deputies;
d) shall entrust the government whose resignation he has accepted, or which
he has recalled, with the temporary performance of its duties until a new government
is appointed;
e) shall appoint Justices of the Constitutional Court, its Chairperson and Vice-Chairpersons;
f) shall appoint from among judges the Chairperson and Vice-Chairpersons of
the Supreme Court;
g) may grant pardons or commute sentences imposed by courts, order that a criminal
proceeding not be instituted or, if it has been instituted, that it be discontinued,
and order that a criminal record be expunged;
h) has the right to return to Parliament acts it has adopted, with the exception
of constitutional acts;
i) shall sign statutes;
j) shall appoint the President and Vice-President of the Supreme Auditing Office;
k) shall appoint members of the Banking Council of the Czech National Bank;
l) shall call a referendum on the Czech Republic's accession to the European
Union and declare the result thereof.
ARTICLE 63 (1) In addition, the President of the Republic:
a) represents the state externally;
b) negotiates and ratifies international treaties; she may delegate the negotiation
of international treaties to the government or, with its consent, to individual
members thereof;
c) is the supreme commander of the armed forces;
d) receives heads of diplomatic missions;
e) accredits and recalls heads of diplomatic missions;
f) calls elections to the Assembly of Deputies and the Senate;
g) commissions and promotes generals;
h) may grant and award state honors, unless she has empowered some other body
to do so;
i) appoints judges;
j) has the right to issue amnesties.
(2) The President of the Republic also possesses powers which are not explicitly
enumerated in constitutional acts if a statute so provides.
(3) In order to be valid, decisions of the President of the Republic issued
pursuant to paragraphs 1 and 2 require the countersignature of the Prime Minister
or a member of the government designated by him.
(4) The government is responsible for the decisions of the President of the
Republic that require the countersignature of the Prime Minister or a member
of the government designated by him.
ARTICLE 64
(1) The President of the Republic has the right to take part in the meetings
of both chambers of Parliament, as well as those of their committees and commissions.
He shall be given the opportunity to speak whenever he requests.
(2) The President of the Republic has the right to take part in the meetings
of the government, to request reports from the government or its members, and
to discuss with the government or its members issues that fall within their
competence.
ARTICLE 65
(1) The President of the Republic may not be taken into detention, criminally
prosecuted, nor prosecuted for misdemeanors or other administrative offenses.
(2) The President of the Republic may be prosecuted for high treason before
the Constitutional Court on the basis of a charge brought by the Senate. The
only penalty that may be imposed is the loss of the Presidency and of further
eligibility for the office.
(3) The President of the Republic may never be criminally prosecuted for criminal
acts committed during the period she held the office of the Presidency.
ARTICLE 66
If the office of the Presidency becomes vacant and before a new President of the Republic has been elected or has taken the oath of office, likewise if the President of the Republic is, for serious reasons, incapable of performing his duties. and if the Assembly of Deputies and the Senate adopt a resolution to this effect, the performance of the presidential duties under ARTICLE 63, paragraph 1, letters a), b), c), d), e), h), i), j) and ARTICLE 63,
aragraph 2 shall devolve upon the Prime Minister. In any period in which the Prime Minister is performing the above-specified presidential duties, the performance of the duties under ARTICLE 62, letters a), b), c), d), e), k)
nd l) shall devolve upon the Chairperson of the Assembly of Deputies; if the office of the Presidency becomes vacant during a period in which the Assembly of Deputies is dissolved, the performance of these functions shall devolve upon the Chairperson of the Senate.
THE GOVERNMENT
ARTICLE 67
(1) The government is the highest body of executive power.
(2) The government consists of the Prime Minister, deputy prime ministers, and
ministers.
ARTICLE 68
(1) The government is responsible to the Assembly of Deputies.
(2) The President of the Republic shall appoint the Prime Minister and, on the
basis of her proposal, the other members of the government and entrust them
with the management of the ministries or other offices.
(3) Within thirty days of its appointment, the government shall go before the
Assembly of Deputies and ask it for a vote of confidence.
(4) If the newly appointed government does not receive a vote of confidence
from the Assembly of Deputies, the process in paragraphs 2 and 3 shall be repeated.
If the government appointed on this second attempt does not receive a vote of
confidence from the Assembly of Deputies either, the President of the Republic
shall appoint the Prime Minister on the basis of a proposal by the Chairperson
of the Assembly of Deputies.
(5) In other cases, on the basis of the Prime Minister’s proposal, the President
of the Republic shall appoint and recall other members of the government and
entrust them with the management of the ministries or other offices.
ARTICLE 69
(1) The President of the Republic shall administer the oath of office to the
members of the government.
(2) The members of the government shall take the following oath of office: “I
pledge loyalty to the Czech Republic. I pledge that I will uphold its Constitution
and laws and bring them to life. I pledge on my honor that I will conscientiously
carry out my duties and not abuse my position."
ARTICLE 70
Members of the government may not engage in activities which are by their nature
incompatible with the performance of a minister’s duties. Detailed provisions
shall be set down in a statute.
ARTICLE 71
The government may submit to the Assembly of Deputies a request for a vote of
confidence.
ARTICLE 72
(1) The Assembly of Deputies may adopt a resolution of no confidence in the
government.
(2) The Assembly of Deputies may debate a proposed resolution of no confidence
in the government only if it has been submitted in writing by at least fifty
Deputies. To adopt the resolution, an absolute majority of all Deputies must
give their consent.
ARTICLE 73
(1) The Prime Minister submits his resignation to the President of the Republic.
Other members of the government submit their resignations to the President of
the Republic through the Prime Minister.
(2) The government shall submit its resignation if the Assembly of Deputies
rejects its request for a vote of confidence, or if it adopts a resolution of
no confidence. The government shall always submit its resignation after the
constituent meeting of a newly elected Assembly of Deputies.
(3) If the government submits its resignation in accordance with paragraph 2,
the President of the Republic shall accept it.
ARTICLE 74
The President of the Republic shall recall members of the government if the
Prime Minister so proposes.
ARTICLE 75
The President of the Republic shall recall a government that has not submitted
its resignation, even though it was obliged to do so.
ARTICLE 76
(1) The government shall make decisions as a body.
(2) In order for the government to adopt a resolution, the consent of an absolute
majority of all its members is necessary.
ARTICLE 77
(1) The Prime Minister shall organize the government’s activities, preside over
its meetings, act in its name, and perform other duties entrusted to him by
this Constitution or by other laws.
(2) A Deputy Prime Minister or another member of the government so commissioned
may act in place of the Prime Minister.
ARTICLE 78
In order to implement statutes, and while remaining within the bounds thereof,
the government is authorized to issue orders. Such orders shall be signed by
the Prime Minister and the competent member of the government.
ARTICLE 79
(1) The ministries and other administrative offices may be established, and
their powers provided for, only by statute.
(2) The legal relations of state employees within the ministries and other administrative
offices shall be laid down in a statute.
(3) If they are so empowered by statute, the ministries, other administrative
offices, and bodies of territorial self- governing units may issue regulations
on the basis of and within the bounds of that statute.
ARTICLE 80
(1) The State Attorney's Office shall issue and argue public indictments in
criminal proceedings; it shall perform other functions as well if a statute
so provides.
(2) The status and powers of the State Attorney’s Office shall be provided for
by statute.
CHAPTER FOUR
Judicial Power
ARTICLE 81
The 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 duties. Nobody may
threaten their impartiality.
(2) Judges may not be removed or transferred to another court against their
will; exceptions resulting especially from disciplinary responsibility shall
be laid down in a statute.
(3) The office of a judge is incompatible with that of the President of the
Republic, a Member of Parliament, as well as with any other function in public
administration; a statute shall specify which further activities are incompatible
with the discharge of judicial duties.
THE CONSTITUTIONAL COURT
ARTICLE 83
The Constitutional Court is the judicial body responsible for the protection
of constitutionality.
ARTICLE 84
(1) The Constitutional Court shall be composed of fifteen Justices appointed
for a period of ten years.
(2) The Justices of the Constitutional Court shall be appointed by the President
of the Republic with the consent of the Senate.
(3) Any citizen who has a character beyond reproach, is eligible for election
to the Senate, has a university legal education, and has been active in the
legal profession for a minimum of ten years, may be appointed a Justice of the
Constitutional Court.
ARTICLE 85
(1) A Justice of the Constitutional Court assumes her duties upon taking the
oath of office administered by the President of the Republic.
(2) A Justice of the Constitutional Court shall take the following oath of office:
"I pledge upon my honor and conscience that I will protect the inviolability
of natural human rights and of the rights of citizens, adhere to constitutional
acts, and make decisions according to my best convictions, independently and
impartially.
(3) Should a Justice refuse to take the oath of office or should he take it
with reservations, he shall be deemed not to have been appointed.
ARTICLE 86
(1) A Justice of the Constitutional Court may be criminally prosecuted only
with the consent of the Senate. If the Senate withholds its consent, such criminal
prosecution shall be forever foreclosed.
(2) A Justice of the Constitutional Court may be arrested only if he has been
apprehended while committing a criminal act or immediately thereafter. The arresting
authority must immediately inform the Chairperson of the Senate of the arrest;
if, within twenty-four hours of the arrest, the Chairperson of the Senate does
not give her consent to hand the detained Justice over to a court, the arresting
authority is obliged to release him. At the very next meeting of the Senate,
it shall make the definitive decision as to whether he may be criminally prosecuted.
(3) A Justice of the Constitutional Court has the right to refuse to give evidence
as to facts about which she learned in connection with the performance of her
duties, and this privilege continues in effect even after she has ceased to
be a Justice of the Constitutional Court.
ARTICLE 87 (1) The Constitutional Court has jurisdiction:
a) to annul statutes or individual provisions thereof if they are in conflicts
with the constitutional order;
b) to annul other legal enactments or individual provisions thereof if they
are in conflict with the constitutional order, a statute;
c) over constitutional complaints by the representative body of a self-governing
region against an unlawful encroachment by the state;
d) over constitutional complaints against final decisions or other encroachments
by public authorities infringing constitutionally guaranteed fundamental rights
and basic freedoms;
e) over remedial actions from decisions concerning the certification of the
election of a Deputy or Senator; f) to resolve doubts concerning a Deputy or
Senator’s loss of eligibility to hold office or the incompatibility under ARTICLE
25 of some other position or activity with holding the office of Deputy or Senator;
g) over a constitutional charge brought by the Senate against the President
of the Republic pursuant to ARTICLE
65, paragraph 2;
h) to decide on a petition by the President of the Republic seeking the revocation
of a joint resolution of the Assembly of Deputies and the Senate pursuant to
ARTICLE 66;
i) to decide on the measures necessary to implement a decision of an international
tribunal which is binding on the Czech Republic, in the event that it cannot
be otherwise implemented;
j) to determine whether a decision to dissolve a political party or other decisions
relating to the activities of a political party is in conformity with constitutional
acts or other laws;
k) to decide jurisdictional disputes between state bodies and bodies of self-governing
regions, unless that power is given by statute to another body;
l) over remedial actions from a decision of the President of the Republic declining
to call a referendum on the Czech Republic's accession to the European Union;
m) to determine whether the manner in which a referendum on the Czech Republic's
accession to the European Union was held is in harmony with the Constitutional
Act on the Referendum on the Czech Republic's Accession to the European Union
and with the statute issued in implementation thereof.
(2) Prior to the ratification of a treaty under ARTICLE 10a or ARTICLE 49, the
Constitutional Court shall further have jurisdiction to decide concerning the
treaty’s conformity with the constitutional order. A treaty may not be ratified
prior to the Constitutional Court giving judgment.
(3) An statute may provide that, in place of the Constitutional Court, the Supreme
Administrative Court shall have jurisdiction:
a) to annul legal enactments other than statutes or individual provisions thereof
if they are inconsistent with a statute;
b) to decide jurisdictional disputes between state bodies and bodies of self-governing
regions, unless that power is given by statute to another body.
ARTICLE 88
(1) A statute shall specify who shall be entitled to submit a petition instituting
a proceeding before the Constitutional Court, and under what conditions, and
shall lay down other rules for proceedings before the Constitutional Court.
(2) In making their decisions, the Justices of the Constitutional Court are
bound only by the constitutional order and the statute under paragraph 1.
ARTICLE 89
(1) Decisions of the Constitutional Court are enforceable as soon as they are
announced in the manner provided for by statute, unless the Constitutional Court
decides otherwise concerning enforcement.
(2) Enforceable decisions of the Constitutional Court are binding on all authorities
and persons.
(3) Decisions of the Constitutional Court which declare, pursuant to ARTICLE
87 para. 2, that a treaty is not in conformity with the constitutional order,
are an obstacle to the ratification of the treaty until such time as they are
brought into conformity with each other.
COURTS
ARTICLE 90
Courts are called upon above all to provide protection of rights in the legally
prescribed manner. Only a court may decide upon guilt and determine the punishment
for a criminal offense.
ARTICLE 91
(1) The court system comprises the Supreme Court, the Supreme Administrative
Court, superior, regional, and district courts. They may be given a different
denomination by statute.
(2) The jurisdiction and organization of the courts shall be provided for by
statute.
ARTICLE 92
The Supreme Court is the highest judicial body in matters that fall within the
jurisdiction of courts, with the exception of matters that come under the jurisdiction
of the Constitutional Court or the Supreme Administrative Court.
ARTICLE 93
(1) Judges are appointed to their office for an unlimited term by the President
of the Republic. They assume their duties upon taking the oath of office.
(2) Any citizen who has a character beyond reproach and a university legal education
may be appointed a judge. Further qualifications and procedures shall be provided
for by statute.
ARTICLE 94
(1) A statute shall specify which cases shall be heard by a panel of judges,
as well as the composition thereof. All other cases shall be heard by individual
judges.
(2) A statute may specify in which matters and in what manner other citizens
shall participate alongside judges in a court’s decision-making.
ARTICLE 95
(1) In making their decisions, judges are bound by statutes and treaties which
form a part of the legal order; they are authorized to judge whether enactments
other than statutes are in conformity with statutes or with such treaties.
(2) Should a court come to the conclusion that a statute which should be applied
in the resolution of a matter is in conflict with the constitutional order,
it shall submit the matter to the Constitutional Court.
ARTICLE 96
(1) All parties to a proceeding have equal rights before the court.
(2) Proceedings before courts shall be oral and public; exceptions to this principle
shall be provided for by statute. Judgments shall always be pronounced publicly.
CHAPTER FIVE
The Supreme Auditing Office
ARTICLE 97
(1) The Supreme Auditing Office shall be an independent body. It shall perform
audits on the management of state property and the implementation of the state
budget.
(2) The President of the Republic appoints the President and Vice-President
of the Supreme Auditing Office based on the nomination of the Assembly of Deputies.
(3) The legal status, powers, and organizational structure of the Office, as
well as more detailed provisions, shall be set down in a statute.
CHAPTER SIX
The Czech National Bank
ARTICLE 98
(1) The Czech National Bank shall be the state central bank. Its primary purpose
shall be to maintain price stability; interventions into its affairs shall be
permissible only on the basis of statute.
(2) The Bank’s status and powers, as well as more detailed provisions, shall
be set down in a statute.
CHAPTER SEVEN
Territorial Self-Government
ARTICLE 99
The Czech Republic is subdivided into municipalities, which are the basic territorial
self-governing units, and into regions, which are the higher territorial self-governing
units.
ARTICLE 100
(1) Territorial self-governing units are territorial communities of citizens
with the right to self-government. A statute shall specify the cases when they
shall be administrative districts.
(2) Municipalities shall always form part of a higher self- governing region.
(3) Higher self-governing regions may be created or dissolved only by a constitutional
act.
ARTICLE 101
(1) Municipalities shall be independently administered by their representative
body.
(2) Higher self-governing regions shall be independently administered by their
representative body.
(3) Territorial self-governing units are public law corporations which may own
property and manage their affairs on the basis of their own budget.
(4) The state may intervene in the affairs of territorial self-governing units
only if such is required for the protection of law and only in the manner provided
for by statute.
ARTICLE 102
(1) Members of representative bodies shall be elected by secret ballot on the
basis of a universal, equal, and direct right to vote.
(2) Representative bodies shall have a four-year electoral term. The circumstances
under which new elections for representative bodies shall be called prior to
the expiration of an electoral term shall be designated by statute.
ARTICLE 103
[Repealed]
ARTICLE 104
(1) The powers of representative bodies shall be provided for only by statute.
(2) Representative bodies of municipalities shall have jurisdiction in matters
of self-government, to the extent such matters are not entrusted by statute
to the representative bodies of higher self-governing regions.
(3) Representative bodies may, within the limits of their jurisdiction, issue
generally binding ordinances.
ARTICLE 105
The exercise of state administration may be delegated to self-governing bodies
only if such is provided for by statute.
CHAPTER EIGHT
Transitional And Final Provisions
ARTICLE 106
(1) On the day this Constitution enters into force, the Czech National Council
shall become the Assembly of Deputies, the electoral term of which shall conclude
on the sixth of June 1996.
(2) Until such time as the Senate is elected in accordance with this Constitution,
the Senate’s duties shall be carried out by the Provisional Senate. The Provisional
Senate shall be established in the manner provided for by a constitutional act.
Until that act enters into force, the Assembly of Deputies shall perform the
duties of the Senate.
(3) So long as it is performing the duties of the Senate pursuant to paragraph
2, the Assembly of Deputies may not be dissolved.
(4) Until statutes enacting the standing orders for both chambers are adopted,
each chamber shall proceed in accordance with the standing orders of the Czech
National Council.
ARTICLE 107
(1) The statute on elections to the Senate shall indicate, for the first Senate
election, the manner of determining which third of those Senators shall have
a term of office lasting two years and which third of those Senators shall have
a term of office lasting four years.
(2) The President of the Republic shall convene the session of the Senate so
that it opens no later than thirty days after the election; if he does not do
so, the Senate shall convene thirty days after the election.
ARTICLE 108
The government of the Czech Republic, appointed after the elections in 1992
and performing its duties on the day this Constitution enters into force, is
deemed to be a government appointed pursuant to this Constitution.
ARTICLE 109
Until such time as the State Attorney’s Office is established, its duties shall
be performed by the Office of the Procuracy of the Czech Republic.
ARTICLE 110
Until the thirty-first of December1993, military courts shall also form a system
of courts.
ARTICLE 111
Judges of all courts of the Czech Republic holding office on the day this Constitution
enters into force are deemed to be judges appointed pursuant to the Constitution
of the Czech Republic.
ARTICLE 112
(1) The constitutional order of the Czech Republic is made up of this Constitution,
the Charter of Fundamental Rights and Basic Freedoms, constitutional acts adopted
pursuant to this Constitution, and those constitutional acts of the National
Assembly of the Czechoslovak Republic, the Federal Assembly of the Czechoslovak
Socialist Republic, and the Czech National Council defining the state borders
of the Czech Republic, as well as constitutional acts of the Czech National
Council adopted after the sixth of June 1992.
(2) The Constitution hitherto in force, the Constitutional Act concerning the
Czechoslovak Federation, constitutional acts which amended and supplemented
them, and Constitutional Act of the Czech National Council No. 67/1990 Sb.,
on the State Symbols of the Czech Republic, are hereby repealed.
(3) Other constitutional acts in force in the territory of the Czech Republic
on the day this Constitution comes into effect shall be of a force equal to
a statute.
ARTICLE 113
This Constitution shall enter into force on the first of January 1993.
Appendix A
CONSTITUTIONAL ACT
No. 347/1997 Sb.
of 3 December 1997
on the Creation of Higher Territorial Self-Governing Units and
on Amendments to Constitutional Act of the Czech National Council,
No. 1/1993 Sb., the Constitution of the Czech Republic Parliament has enacted
this Constitutional Act of the Czech Republic:
FIRST PART
ARTICLE 1
The following higher territorial self-governing units shall be created in the
Czech Republic: [Translator's note: the names, capitols, and territorial delimitation
of the 14 higher territorial self-governing units have been omitted from this
translation.]
ARTICLE 2
The borders of the higher territorial self-governing units may be changed only
by statute.
ARTICLE 3
(1) The territory of the capitol city of Prague is understood to mean its territory
as defined on the day this Constitutional Act comes into effect.
(2) The territories of districts is understood to mean their territories as
defined on the day this Constitutional Act comes into effect.
SECOND PART
ARTICLE 4 The Constitutional Act of the Czech National Council, No. 1/1993
Sb., the Constitution of the Czech Republic, is amended as follows:
1. ARTICLE 99 shall read:
"ARTICLE 99
The Czech Republic is subdivided into municipalities, which are the basic territorial
self-governing units, and into regions, which are the higher territorial self-governing
units.".
2. ARTICLE 103 is repealed.
THIRD PART
ARTICLE 5
This Constitutional Act comes into effect on 1 January 2000.
Appendix B
CONSTITUTIONAL ACT
of 22 April 1998
No. 110/1998 Sb.,
on the Security of the Czech Republic Parliament has enacted this Constitutional
Act of the Czech Republic:
BASIC PROVISIONS
ARTICLE 1
It is the State's basic duty to ensure the Czech Republic's sovereignty and
territorial integrity, the protection of its democratic foundations, and the
protection of lives, health and property.
ARTICLE 2
(1) If the Czech Republic's sovereignty, territorial integrity, or democratic
foundations are directly threatened, or if its internal order and security,
lives, health or property are to a significant extent directly threatened, or
if such is necessary to meet its international obligations on collective self-defense,
a state of emergency, condition of threat to the State, or state of war may,
in accordance with the intensity, territorial extent and character of the situation,
be declared.
(2) A state of emergency or condition of threat to the State is declared either
in a restricted area or for the entire territory of the State; a state of war
is declared for the entire territory of the State.
ARTICLE 3
(1) The Czech Republic's security is to be ensured by the armed forces, the
armed security corps, rescue corps, and accident services.
(2) State bodies, bodies of self-governing territorial units, and natural and
legal persons are obliged to participate in safeguarding the Czech Republic's
security. The extent of this obligation, as well as further details, shall be
provided for by statute.
ARTICLE 4
(1) The armed forces shall be supplemented on the basis of the military service
obligation.
(2) The extent of the military service obligation, the duties of the armed forces,
of the armed security corps, of the rescue corps and accident services, their
organizations, preparation, and supplementation, and the legal relations of
their members shall be laid down by statute in such a way as to ensure civilian
control of the armed forces.
STATE OF EMERGENCY
ARTICLE 5
(1) The government may declare a state of emergency in cases of natural catastrophe,
ecological or industrial accident, or other danger which to a significant extent
threatens life, health, or property or domestic order or security.
(2) A state of emergency may not be declared on grounds of a strike held for
the protection of rights or of legitimate economic and social interests.
(3) If delay would present a danger, the Prime Minister may declare a state
of emergency. Within 24 hours of the announcement thereof, the government shall
either ratify or annul his decision.
(4) The government shall inform the Assembly of Deputies without unnecessary
delay that it has declared a state of emergency, which the Assembly of Deputies
may annul.
ARTICLE 6
(1) A state of emergency may be declared only for the stated reasons, for a
fixed period, and in relation to a designated territorial area. Concurrently
with its declaration of the state of emergency, the government must specify
which rights prescribed in individual statutes shall, in conformity with the
Charter of Fundamental Rights and Basic Freedoms, be restricted, and to what
extent, and which duties shall be imposed, and to what extent. Detailed provisions
shall be laid down by statute.
(2) A state of emergency may be declared for a period of no more than 30 days.
The stated period may be extended only with the prior consent of the Assembly
of Deputies.
(3) A state of emergency ends upon the expiry of the period for which it was
declared, unless the government or the Assembly of Deputies decides to annul
it prior to the expiry of that period.
CONDITION OF THREAT TO THE STATE
ARTICLE 7
(1) If the State's sovereignty, territorial integrity, or democratic foundations
are directly threatened, the Parliament may, on the government's proposal, declare
a condition of threat to the state.
(2) The assent of an absolute majority of all Deputies and the assent of an
absolute majority of all Senators are required for the adoption of a declaration
of a condition of threat to the state.
ABBREVIATED DEBATE ON LEGISLATIVE BILLS
ARTICLE 8
(1) For the duration of a period of a condition of threat to the State or of
a state of war, the government may request that the Parliament deal with government
bills in shortened debate.
(2) The Assembly of Deputies shall adopt a resolution on such bills within 72
hours of their submission and the Senate within 24 hours of their transmittal
by the Assembly of Deputies. If the Senate has not given its view within that
period, then the bill has been deemed to be adopted.
(3) For the duration of a period of a condition of threat to the State or of
a state of war, the President of the Republic does not have the right to return
statutes adopted in shortened debate.
(4) The government may not submit for shortened debate a bill on a constitutional
act.
THE STATE SECURITY COUNCIL
ARTICLE 9
(1) The State Security Council is made up of the Prime Minister, as well as
other members of the government pursuant to the decision of the government.
(2) To the extent of its commission as designated for it by the government,
the State Security Council shall prepare for the government proposals for measures
to safeguard the Czech Republic's security.
(3) The President of the Republic has the right to participate in meetings of
the State Security Council, request reports of it or of its members, and to
discuss with it or its members issues that fall within its decision-making competence.
THE PROLONGATION OF ELECTORAL TERMS
ARTICLE 10
If during a period of a state of emergency, a condition of threat to the State,
or a state of war, the conditions in the Czech Republic do not permit the holding
of elections by the deadline prescribed for regular electoral terms, the deadline
may be extended by statute, however for no longer than six months.
COMMON PROVISIONS
ARTICLE 11 During a period when the Assembly of Deputies is dissolved, the
Senate shall be competent:
a) to decide on the extension or termination of a state of emergency, to declare
a condition of threat to the State or a state of war, and to decide on the Czech
Republic's participation in defensive systems of international organizations
of which the Czech Republic is a member;
b) give consent to sending the armed forces of the Czech Republic outside the
territory of the Czech Republic or to the stationing of the armed forces of
other states within the territory of the Czech Republic, unless such decisions
are reserved to the government.
ARTICLE 12
A decision to declare a state of emergency, a condition of threat to the State,
or a state of war shall be made public by means of the mass media and shall
be promulgated juste like a statute. It enters into effect at the moment provided
for in the decision.
CONCLUDING PROVISIONS
ARTICLE 13
This Constitutional Act comes into effect on the day of its promulgation.
Appendix C
CONSTITUTIONAL ACT
of 14 November 2002
No. 515/2002 Sb.,
concerning the Referendum on the Czech Republic’s Accession to
the European Union and Amendments to Constitutional Act No. 1/1993 Sb., the
Constitution of the Czech Republic, as amended
by subsequent constitutional acts Parliament has enacted this Constitutional
Act of the Czech Republic:
PART ONE
REFERENDUM ON THE CZECH REPUBLIC’S
ACCESSION TO THE EUROPEAN UNION
ARTICLE 1
General Provisions
(1) The decision on the Czech Republic’s accession to the European Union may
be made solely by referendum.
(2) The referendum question shall read: ”Do you agree with the Czech Republic
becoming, pursuant to the Treaty of Accession of the Czech Republic to the European
Union, a Member State of the European Union?”
(3) Every citizen of the Czech Republic who has attained the age of 18 shall
have the right to vote in the referendum.
(4) The President of the Republic shall call the referendum and announce the
results of the referendum in a manner analogous to that in which he promulgates
statutes.
Should the referendum take place in the final six months of the electoral term
of the of the Assembly of Deputies or of the term of office of the representative
bodies of territorial self-governing units, the President of the Republic shall
call it so that it shall be held together with the elections to the Assembly
of Deputies or to the representative bodies of territorial self-governing units.
ARTICLE 2
The President of the Republic shall call the referendum within 30 days of the
day on which the Treaty of Accession of the Czech Republic to the European Union
is signed so that it can take place in the period beginning on the thirtieth
day following the calling of the referendum and ending on the sixtieth day following
Repeated Referendum
ARTICLE 3
(1) If the Czech Republic’s accession to the European Union is not approved
in the referendum held pursuant to Art. 2, a petition proposing the calling
of a referendum on the same matter may be submitted by the government, jointly
by at least two-fifths of the Deputies, or jointly by at least two-fifths of
the Senators.
(2) A petition proposing the calling of a referendum shall be submitted to the
President of the Republic.
(3) The referendum can be called no sooner than two years after the Czech Republic’s
accession to the European Union was not approved in the preceding referendum.
ARTICLE 4
If the conditions for the calling of a referendum are met, the President of
the Republic shall call it within 30 days of the day the petition proposing
it be called is submitted, so that it may take place at the latest by the 90th
day following the submission of that petition, otherwise she shall make the
decision within the same period declining to call a referendum.
ARTICLE 5
The Referendum Results
(1) The Czech Republic’s accession to the European Union shall be approved in
the referendum if an absolute majority of those voting answer the referendum
question in the affirmative.
(2) The announcement of the results of a referendum in which the Czech Republic’s
accession to the European Union is approved shall substitute for the Parliament‘s
assent to the ratification of the Treaty of Accession of the Czech Republic
to the European Union.
ARTICLE 6
Further conditions on the exercise of the right to vote in the referendum, as
well as the detailed provisions concerning the proposal, voting, the holding
of the referendum, and the announcement of its results shall be regulated in
a statute. In order for that statute to be adopted, both the Assembly of Deputies
and the Senate must approve it.
PART TWO
Amendments to Constitutional Act No. 1/1993 Sb., the
Constitution of the Czech Republic, as amended by subsequent
constitutional acts
ARTICLE 7
Constitutional Act No. 1/1993 Sb., the Constitution of the Czech Republic, as
amended by Constitutional Act No. 347/1997 Sb., Constitutional Act No. 300/2000
Sb., Constitutional Act No. 395/2001 Sb., and Constitutional Act No. 448/2001
Sb., shall be amended as follows: [See the Constitution of the Czech Republic
where these amendments are incorporated.]
PART THREE
ENTRY INTO EFFECT
ARTICLE 8
This Constitutional Act shall enter into effect on 1 March 2003.