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The Constitution of the Czech Republic
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 President of the Republic shall dissolve the Assembly
of the Deputies if the Assembly of the Deputies proposes her
so by resolution, which it has been approved by the majority
of three-fifths of all Deputies.
(3) 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. 1.
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),f), h), i), j) and Article 63, paragraph 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) and 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.
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