Adopted on: ۱۶ Dec ۱۹۹۲
Preamble
We٫ the citizens of the Czech Republic in Bohemia٫ Moravia٫ and Silesia٫ at the
time of the renewal of an independent Czech state٫ being loyal to all good
traditions of the ancient statehood of Czech Crown''s Lands and the
Czechoslovak State٫ resolved to build٫ protect and develop the Czech Republic
in the spirit of the inviolable values of human dignity and freedom٫ as the
home of equal and free citizens who are conscious of their duties towards
others and their responsibility towards the whole٫ as a free and democratic
state based on the respect for human rights and the principles of civic
society٫ as part of the family of European and world democracies٫ resolved to
jointly protect and develop the inherited natural and cultural٫ material and
spiritual wealth٫ resolved to abide by all time-tried principles of a
law-observing state٫ through our freely elected representatives٫ adopt this
Constitution of the Czech Republic.
Chapter One Basic Provisions
Article ۱ [State]
The Czech Republic is a sovereign٫ unified٫ and democratic law-observing state٫
based on the respect for the rights and freedoms of the individual and citizen.
Article ۲ [Power]
(۱) All state power derives from the people; they exercise this power by
means of their legislative٫ execccutive٫ and judicial bodies.
(۲) A constitutional law may stipulate the cases when the people exercise state
power directly.
(۳) The state power serves all citizens and can be exercised only in cases and
within the scope stipulated by law٫ and by means specified by law.
(۴) Every citizen may do whatever is not forbidden by law٫ and no one may be
forced to do what the law does not enjoin.
Article ۳ [Constitutional Order]
Part of the constitutional order of the Czech Republic is the charrrter of
Fundamental Rights and Freedoms.
Article ۴ [Judiciary''s Protection]
The fundamental rights and freedoms enjoy the protection of the Judiciary.
Article ۵ [Political System]
The political system is based on the free and voluntary foundation and free
competition of political parties respecting fundamental democratic principles
and rejecting force as a means for asserting their interests.
Article ۶ [Majority Rule]
Political decisions shall derive from the will of the majority expressed
through free voting. Minorities shall be protected by the majority in
decision-making.
Article ۷ [Natural Resources]
The state shall see to it that natural resources are used economically and
natural wealth is protected.
Article ۸ [Autonomy]
The autonomy of units of territorial self-administration shall be guaranteed.
Article ۹ [Constitutional Laws]
(۱) The Constitution may be amended or altered solely by constitutional laws.
(۲) Any change of fundamental attributes of the democratic law-observing state
is inadmissible.
(۳) Legal norms cannot be interpreted as warranting the removal or threatening
of the foundations of the democratic state.
Article ۱۰ [Human Rights Treaties]
Ratified and promulgated international accords on human rights and fundamental
freedoms٫ to which the Czech Republic has committed itself٫ are immediately
binding and are superior to law.
Article ۱۱ [Territory]
The territory of the Czech Republic encompasses an indivisible whole whose
state border may be altered exclusively by constitutional laws.
Article ۱۲ [Citizenship]
(۱) Procedures binding for the acquisition and loss of Czech citizenship are
stipulated by law.
(۲) No one can be stripped of his or her citizenship against his or her will.
Article ۱۳ [Capital]
The capital of the Czech Republic is Prague.
Article ۱۴ [State Symbols]
(۱) The State Symbols of the Czech Republic are the Large and Small State
Emblems٫ the State Colors٫ the State Flag٫ the Banner of the President of the
Republic٫ the State Seal٫ and the State Anthem.
(۲) The state symbols and their use are determined by law.
Chapter Two Legislative Power
Article ۱۵ [Parliament]
(۱) Legislative power in the Czech Republic shall be vested in Parliament.
(۲) Parliament is composed of two Chambers٫ the Chamber of Deputies and the
Senate.
Article ۱۶ [Chambers]
(۱) The Chamber of Deputies has ۲۰۰ deputies٫ elected for a term of four years.
(۲) The Senate has ۸۱ Senators٫ elected for a term of six years. One third of
the Senators is elected every second year.
Article ۱۷ [Elections]
(۱) Elections to both Chambers shall be held in a period of time starting the
thirtieth day before the expiration of the electoral term and ending on the day
of its expiration.
(۲) If the Chamber of Deputies was dissolved٫ elections shall take place within
sixty days of its dissolution.
Article ۱۸ [Suffrage]
(۱) Elections to the Chamber of Deputies shall be held on the basis of
universal٫ equal٫ and direct suffrage by secret ballot٫ according to the
principles of proportional representation.
(۲) Elections to the Senate shall take place on the basis of universal٫ equal٫
and direct suffrage by secret ballot٫ on the basis of the majority system.
(۳) Every citizen of the Czech Republic٫ on reaching the age of
۱۸٫ has the right to vote.
Article ۱۹ [Eligibility]
(۱) Every citizen of the Czech Republic who is eligible to vote and has reached
the age of ۲۱ may be elected to the Chamber of Deputies.
(۲) Every citizen who is eligible to vote and has reached the age of ۴۰ may be
elected to the Senate.
(۳) The mandate of a Deputy or a Senator shall be effective upon his or her
election.
Article ۲۰ [Conditions]
Additional conditions for the exercise of suffrage٫ the organization of
elections٫ and the scope of judicial review are stipulated by law.
Article ۲۱ [Chamber Incompatibility]
No one may simultaneously be a member of both Chambers of Parliament.
Article ۲۲ [Incompatibilities]
(۱) The exercise of the office of the President of the Republic٫ the office of
judges٫ and other functions٫ set forth by law٫ are incompatible with the post
of Deputy or Senator.
(۲) A Deputy''s or a Senator''s mandate expires the day he or she enters
upon the office of the President of the Republic٫ or the day he or she assumes
a judgeship or another post incompatible with the post of Deputy or Senator.
Article ۲۳ [Oaths]
(۱) A Deputy shall take the oath at the first session of the Chamber of
Deputies which he or she attends.
(۲) A Senator shall take the oath at the first session of the Senate which he
or she attends.
(۳) The oath of a Deputy or a Senator is worded as follows:
"I pledge allegiance to the Czech Republic. I pledge to uphold its Constitution
and laws. I pledge on my honor to exercise my mandate in the interest of the
people and in accordance with my best conviction and conscience."
Article ۲۴ [Resignation]
A Deputy or a Senator may surrender his or her mandate by a declaration made
personally at a session of the Chamber of which he or she is a member. If he or
she is prevented from doing so by serious circumstances٫ he or she may do so by
a method set forth by law.
Article ۲۵ [Expiration]
A Deputy''s or a Senator''s mandate expires upon
a) refusing to take the oath or taking the oath with reservations٫
b) the expiration of the term of office٫
c) the resignation٫
d) the loss of eligibility٫
e) the dissolution of the Chamber of Deputies٫ in the case of deputies٫
f) the incompatibility of the functions specified in Article ۲۲.
Article ۲۶ [Independence]
Deputies and Senators shall exercise their mandates personally in accordance
with their oath and shall not be bound by any directions.
Article ۲۷ [Indemnity٫ Immunity]
(۱) A Deputy or a Senator may not be prosecuted for voting in the
Chamber of Deputies or the Senate or their bodies.
(۲) A Deputy or a Senator may not be prosecuted for statements made in the
Chamber of Deputies or the Senate or their bodies. A Deputy or a Senator is
only accountable to the disciplinary authority of the Chamber of which he or
she is a member.
(۳) A Deputy or a Senator shall be accountable for his or her misdemeanor only
to the disciplinary authority of the Chamber of which he or she is a member٫
unless determined otherwise by law.
(۴) A Deputy or a Senator may not be criminally prosecuted without consent of
the Chamber of which he or she is a member. If the respective Chamber declines
its consent٫ criminal proceedings are rendered impossible forever.
(۵) A Deputy or a Senator may be taken into custody only if caught while
committing a criminal offence or immediately thereafter. The responsible body
is obliged to immediately notify of the detention the Chairman of the Chamber
of which the detainee is a member; if the Chamber''s Chairman fails to
give his or her consent to handing the detainee over to court within ۲۴ hours
of the detention٫ the responsible body is obliged to set him or her free. The
Chamber shall decide with final authority about the admissibility of the
prosecution at its first following session.
Article ۲۸ [Secrecy]
A Deputy or a Senator is entitled to withhold testimony about matters of which
he or she learned in connection with the exercise of his or her mandate٫ even
after he or she ceased to be a Deputy or a Senator.
Article ۲۹ [Chairmen]
(۱) The Chamber of Deputies elects and dismisses the Chairman and Vice Chairmen
of the Chamber of Deputies.
(۲) The Senate elects and dismisses the Chairman and Vice Chairmen of the
Senate.
Article ۳۰ [Investigatory Commission]
(۱) The Chamber of Deputies may set up an investigatory commission for the
investigation of an affair of public interest if this is suggested by at last
one fifth of deputies.
(۲) Proceedings before the commission shall be determined by law.
Article ۳۱ [Committees]
(۱) The Chambers establish committees and commissions as their bodies.
(۲) The activities of committees and commissions shall be determined by law.
Article ۳۲ [Governmental Incompatibility]
A Deputy or a Senator who is a member of the Government may not be the Chairman
or Vice Chairman of the Chamber of Deputies or the Senate٫ or a member of
Parliamentary committees٫ investigatory commission٫ or commissions.
Article ۳۳ [Legislation]
(۱) If the Chamber of Deputies is dissolved٫ the Senate shall be responsible
for adopting legislative measures in matters which cannot be postponed and
which would otherwise require the adoption of a law.
(۲) The Senate٫ however٫ cannot adopt legislative measures on matters of the
Constitution٫ the state budget٫ the state annual account٫ the election law٫ and
international agreements according to Article ۱۰.
(۳) Only the Government may propose legislative measures to the Senate.
(۴) The Chairman of the Senate٫ the President of the Republic and the Premier
shall sign legislative measures of the Senate these
measures are promulgated like laws.
(۵) A legislative measure of the Senate must be approved by the Chamber of
Deputies at its first session. If the Chamber of Deputies does not approve it٫
the measure loses further validity.
Article ۳۴ [Sessions]
(۱) The Chambers are continually in session. A session of the Chamber of
Deputies is called by the President of the Republic so that it be started no
later than the thirtieth day after the election day. If he fails to do so٫ the
Chamber of Deputies shall meet on the thirtieth day after the election day.
(۲) A session of a Chamber may be adjourned by resolution. The total period for
which a session may be adjourned shall not exceed ۱۲۰ days in one year.
(۳) During the period of adjournment٫ the Chairman of the Chamber of Deputies
or of the Senate may convene a session of the respective Chamber before the
scheduled date. He shall always do so if requested by the President of the
Republic٫ the Government or at least one fifth of deputies of the respective
Chamber.
(۴) A session of the Chamber of Deputies ends with the expiration of its
election term or with its dissolution.
Article ۳۵ [Dissolution]
(۱) The President of the Republic can dissolve the Chamber of Deputies if:
a) the Chamber of Deputies passes a vote of non-confidence in a newly appointed
Government whose Premier was appointed by the President of the Republic on the
suggestion of the chairman of the Chamber of Deputies٫
b) the Chamber of Deputies fails to decide within three months on a Government
bill with the discussion of which the Government links the question of
confidence٫
c) a session of the Chamber of Deputies is adjourned for a longer period than
admissible٫
d) the Chamber of Deputies has not reached a quorum for a period longer than
three months٫ although its session was not adjourned and although it was
repeatedly called to session during this period.
(۲) The Chamber of Deputies cannot be dissolved three months before the
expiration of its election term.
Article ۳۶ [Publicity]
Sessions of both chambers are open to public. The public can be excluded solely
under conditions stipulated by law.
Article ۳۷ [Joint Sessions]
(۱) A joint session of both Chambers is called by the Chairman of the Chamber
of Deputies.
(۲) The proceedings of a joint session of both Chambers are governed by the
rules of procedure of the Chamber of Deputies.
Article ۳۸ [Government Attendance]
(۱) A member of the Government has the right to attend sessions of both
Chambers٫ their committees٫ and commissions. He shall be given the floor any
time he requests it.
(۲) A member of the Government is obliged to attend personally a session of the
Chamber of Deputies upon the basis of its resolution. This also applies to a
session of a committee٫ commission٫ or investigatory commission٫ where٫
however٫ a member of the Government may have himself be represented by his
deputy or any other member of the cabinet٫ if his or her personal presence is
not expressly requested.
Article ۳۹ [Quorum٫ Majorities]
(۱) The Chambers constitute a quorum if at least one third of their
members are present.
(۲) The passage of a resolution of the respective Chamber requires consent of
an absolute majority of deputies or Senators present٫ if not prescribed
otherwise by the Constitution.
(۳) The passage of a resolution on the declaration of the state of war and a
resolution approving the presence of foreign troops on the territory of the
Czech Republic requires consent of an absolute majority of all deputies and of
all Senators.
(۴) The passage of a constitutional law and the approval of an international
agreement under Article ۱۰ shall require consent of a three-fifths majority of
all deputies and a three-fifths majority of all Senators present.
Article ۴۰ [Election and Procedure Laws]
The passage of an election law and the legislation on the principles of
deliberations and contacts between both Chambers as well as external contacts٫
and the law on the rules of procedure of the Senate shall necessitate its
approval by both the Chamber of Deputies and the Senate.
Article ۴۱ [Initiative]
(۱) Draft laws shall be submitted to the Chamber of Deputies.
(۲) A draft law may be submitted by deputies٫ groups of deputies٫ the Senate٫
the Government٫ and representatives of a higher territorial self-governing
entity.
Article ۴۲ [Budget]
(۱) A draft law on the state budget and a draft state annual account are
presented by the Government.
(۲) These draft proposals are discussed and decided on only by the Chamber of
Deputies at a public session.
Article ۴۳ [War]
(۱) Parliament decides on a declaration of the state of war in the event that
the Czech Republic is attacked or if it is necessary to meet international
treaty obligations concerning joint defense against aggression.
(۲) Armed forces can be sent outside the territory of the Czech Republic only
with the consent of both Chambers.
Article ۴۴ [Deliberation]
(۱) The Government has the right to comment on all draft laws.
(۲) If the Government fails to express its opinion within thirty days of the
receipt of a draft law٫ it is assumed that it has expressed itself positively.
(۳) The Government has the right to demand that the Chamber of Deputies
complete discussing a Government draft law within three months of its
submission٫ as long as the Government links with it a request for a vote of
confidence.
Article ۴۵ [Approval to Senate]
The Chamber of Deputies shall advance a draft law with which it expressed its
approval to the Senate without unnecessary delay.
Article ۴۶ [Resolution of Senate]
(۱) The Senate shall discuss a draft law and decide upon it within a period of
thirty days of its advancement.
(۲) With its resolution٫ the Senate approves the draft law or turns it down٫ or
returns it to the Chamber of Deputies with draft amendments٫ or expresses its
intention not to concern itself with it.
(۳) If the Senate fails to express its resolution in a time limit given in
Paragraph (۱)٫ it is assumed that the draft law was passed.
Article ۴۷ [Rejection by Senate]
(۱) If the Senate rejects a draft law٫ the Chamber of Deputies shall
vote on it again. A draft law is passed if it is approved by an absolute
majority of all deputies.
(۲) If the Senate returns a draft law to the Chamber of Deputies with draft
amendments٫ the Chamber of Deputies shall vote on the wording approved by the
Senate. With its resolution٫ the draft law is passed.
(۳) If the Chamber of Deputies fails to pass a draft law in the wording
approved by the Senate٫ it shall vote once again on the version of the draft
law advanced to the Senate. A draft law is passed if it is approved by an
absolute majority of all deputies.
(۴) In discussion of a rejected or returned draft law in the Chamber of
Deputies draft amendments are inadmissible.
Article ۴۸ [Inactivity]
If the Senate expresses its intention not to concern itself with a draft law٫
it is passed with this resolution.
Article ۴۹ [International Accords]
(۱) International accords requiring consent from Parliament are passed by
Parliament in the same way as draft laws.
(۲) Accords on human rights and fundamental freedoms٫ political agreements٫ and
economic agreements of a general nature٫ as well as agreements on the
implementation of which a law must be passed٫ require consent from Parliament.
Article ۵۰ [Rejection by President]
(۱) The President of the Republic has the right to return an adopted law٫
except a constitutional law٫ giving explanation within fifteen days of the day
of its advancement.
(۲) The Chamber of Deputies shall vote on the rejected law once again. Draft
amendments are inadmissible. If the Chamber of Deputies re-approves the
returned law by an absolute majority of all deputies٫ the law is promulgated.
Otherwise it is assumed that the law was not passed.
Article ۵۱ [Signatures]
Adopted laws are signed by the Chairman of the Chamber of Deputies٫ the
President of the Republic٫ and the Premier.
Article ۵۲ [Promulgation]
A law becomes effective upon its promulgation. The method of promulgation is
stipulated by law. The same applies to international treaties approved by
Parliament.
Article ۵۳ [Interpellation]
(۱) Every Deputy has the right to interpellate the Government or its members in
matters falling under their jurisdiction.
(۲) Interpellated members of Government shall be obliged to respond to the
interpellation within a period of thirty days from the day of its notification.
Chapter Three execccutive Power
[Part ۱] The President of the Republic
Article ۵۴ [Head of State]
(۱) The President of the Republic is the Head of State.
(۲) The President of the Republic is elected by Parliament at a joint session
of both Chambers.
(۳) The President of the Republic is not accountable for the discharrrge of
his office.
Article ۵۵ [Oath٫ Term]
The President of the Republic enters upon his office by taking an oath. The
term of office of the President of the Republic is five years and begins on the
day of taking the oath.
Article ۵۶ [Election]
The election takes place within the last 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 takes place within thirty days.
Article ۵۷ [Eligibility]
(۱) A citizen eligible to the Senate may be elected President of the Republic.
(۲) No one can be elected for more than two consecutive terms of office.
Article ۵۸ [Candidates]
(۱) No less than ten deputies or ten Senators are entitled to nominate a
candidate.
(۲) A candidate who received an absolute majority of votes of all deputies and
an absolute majority of votes of all Senators is elected President of the
Republic.
(۳) If no candidate succeeds in receiving an absolute majority of votes of all
deputies and of all Senators٫ the second round of election shall be held within
fourteen days.
(۴) The candidate with the highest number of votes in the Chamber of Deputies
and the candidate with the highest number of votes in the Senate advances to
the second round.
(۵) If there are more candidates who receive the same highest number of votes
in the Chamber of Deputies or if there are more candidates who receive the same
highest number of votes in the Senate٫ votes they received in both Chambers are
summed up٫ and a candidate who in this way receives the highest number of votes
advances to the second round.
(۶) A candidate who received an absolute majority of votes of deputies present
as well as an absolute majority of votes of Senators present is elected.
(۷) If a President of the Republic is not elected in the second round٫ the
third round of election takes place within fourteen days٫ in which that
candidate from the second round is elected who receives an absolute majority of
votes of deputies and Senators present.
(۸) If a President of the Republic is not elected in the third round٫ new
elections take place.
Article ۵۹ [Oath]
(۱) The President of the Republic takes the oath before the Chairman of the
Chamber of Deputies at a joint session of both chambers.
(۲) The President''s oath has the following wording:
"I pledge allegiance to the Czech Republic. I pledge to uphold its Constitution
and laws. I pledge on my honor to discharrrge my office in the interest of the
people and in accordance with my best conviction and conscience."
Article ۶۰ [No Reservations]
If the President of the Republic refuses to take the oath or if he takes it
with reservations٫ he is considered not to have been
elected.
Article ۶۱ [Resignation]
The President of the Republic may surrender his office into the hands of the
Chairman of the Chamber of Deputies.
Article ۶۲ [Functions]
The President of the Republic:
a) appoints and dismisses the Premier and other members of the Government and
accepts their resignation٫ dismisses the Government and accepts its
resignation٫
b) convenes sessions of the Chamber of Deputies٫
c) dissolves the Chamber of Deputies٫
d) entrusts the Government whose resignation he has accepted or which he has
dismissed with discharrrging its functions temporarily until a new Government
is appointed٫
e) appoints judges of the Constitutional Court٫ its Chairman and Deputy
Chairmen٫
f) appoints from judges the Chairman and Deputy Chairmen of the Supreme Court٫
g) pardons and mitigates penalties imposed by penal courts٫ orders that
criminal proceedings be not opened٫ and if they have been٫ orders their
discontinuation٫ and expunges previous sentences٫
h) has the right to return to Parliament adopted laws with the exception of
constitutional laws٫
i) signs laws٫
j) appoints the President and Vice President of the Supreme Inspection Office٫
k) appoints members of the Bank Council of the Czech National Bank.
Article ۶۳ [Powers]
(۱) The President of the Republic further:
a) represents the state in external affairs٫
b) negotiates and ratifies international treaties; he may transfer the
negotiation of international agreements to the Government or٫ with its
approval٫ to its individual members٫
c) is commander-in-chief of the armed forces٫
d) receives heads of diplomatic missions٫
e) accredits and recalls heads of diplomatic missions٫
f) calls elections to the Chamber of Deputies and to the Senate٫
g) appoints and promotes generals٫
h) confers and awards state distinctions٫ unless he authorizes another body to
do so٫
i) appoints judges٫
j) has the right to grant amnesty.
(۲) The President of the Republic is also entitled to exercise powers which are
not expressly specified in the constitutional law٫ if it is stipulated so by
law.
(۳) Decisions of the President of the Republic issued in accordance with
Paragraphs (۱) and (۲) require a signature of the Premier٫ or a member of the
Government entrusted by the Premier٫ to come into effect.
(۴) The Government is responsible for decisions of the President of the
Republic which require the signature of the Premier or a member of the
Government authorized by the Premier.
Article ۶۴ [Attendance]
(۱) The President of the Republic has the right to take part in sessions of
both Chambers of Parliament٫ their committees٫ and commissions. He shall be
given the floor any time he requests it.
(۲) The President of the Republic has the right to take part in sessions of the
Government٫ request reports from the Government and its members and discuss
with the Government or with its members issues falling under their
jurisdiction.
Article ۶۵ [Immunity]
(۱) The President of the Republic cannot be detained٫ exposed to criminal
prosecution٫ or prosecuted for a misdemeanor or other administrative offence.
(۲) The President of the Republic can be prosecuted for high treason before the
Constitutional Court on the basis of an indictment by the Senate. Punishment
can be the loss of Presidential office and of the qualification to hold it
again.
(۳) Criminal prosecution for criminal acts committed while discharrrging the
office of the President of the Republic is rendered
impossible forever.
Article ۶۶ [Vacancy]
If the office of the President of the Republic becomes vacant and a new
President of the Republic is not yet elected or has not yet been sworn in٫ and
also if the President of the Republic is unable to discharrrge his office for
serious reasons and the Chamber of Deputies and the Senate resolves so٫ the
exercise of functions specified in Article ۶۳ (۱) a)-e)٫ h)٫ i)٫ and j)٫ and
Article ۶۳ (۲) falls to the Premier. During the period in which the Premier is
discharrrging the specified functions of the President of the Republic٫ the
exercise of functions of the President of the Republic according to Article ۶۲
Subparagraphs a)-e) and k) falls to the Chairman of the Chamber of Deputies;
if the office of the President of the Republic becomes vacant at the time when
the Chamber of Deputies is dissolved٫ the exercise of these functions falls to
the Chairman of the Senate.
[Part ۲] The Government
Article ۶۷ [execccutive Power]
(۱) The Government is the supreme body of execccutive power.
(۲) The Government is composed of the Premier٫ the Deputy Premiers٫ and the
Ministers.
Article ۶۸ [Appointment]
(۱) The Government is accountable to the Chamber of Deputies.
(۲) The President of the Republic appoints the Premier and٫ on his suggestion٫
appoints other members of the Government and entrusts them with managing the
ministries or other bodies.
(۳) The Government shall appear before the Chamber of Deputies within thirty
days of its appointment and request of it a vote of confidence.
(۴) If the newly appointed Government fails to obtain the confidence of the
Chamber of Deputies٫ the procedure advances in accordance with Paragraphs (۲)
and (۳). If even the Government٫ appointed in this way٫ fails to obtain the
confidence of the Chamber of Deputies٫ the President of the Republic shall
appoint the Premier upon the suggestion of the Chairman of the Chamber of
Deputies.
(۵) In other cases٫ the President of the Republic appoints and dismisses٫ upon
the suggestion of the Premier٫ other members of the cabinet and entrusts them
with managing the ministries or other bodies.
Article ۶۹ [Oath]
(۱) A member of the Government swears in before the President of the Republic.
(۲) The oath of a member of the Government has the following wording:
"I pledge allegiance to the Czech Republic. I pledge to uphold its Constitution
and laws and introduce them into lite. I pledge on my honor that I will
conscientiously hold my office and will not abuse my position."
Article ۷۰ [Incompatibility]
A member of the Government must not pursue activities whose nature is in
conflict with the exercise of his function. Details are stipulated by law.
Article ۷۱ [Vote of Confidence]
The Government is entitled to submit to the Chamber of Deputies a request for a
vote of confidence.
Article ۷۲ [Confidence Initiative]
(۱) The Chamber of Deputies may pass a vote of no confidence in
the Government.
(۲) The Chamber of Deputies shall discuss a proposal for a vote of no
confidence in the Government only if it is submitted in writing by no less than
۵۰ deputies. Passing the proposal requires the consent of an absolute majority
of all deputies.
Article ۷۳ [Resignation]
(۱) The Premier offers his resignation to the President of the Republic. Other
members of the Government offer their resignations to the President of the
Republic through the Premier.
(۲) The Government shall offer its resignation if the Chamber of Deputies
rejects its request for a vote of confidence or if it passes a vote of no
confidence in it. The Government shall always offer its resignation after the
constituent session of a newly elected Chamber of Deputies.
(۳) If the Government offers its resignation according to Paragraph (۲)٫ the
President of the Republic shall accept it.
Article ۷۴ [Dismissal of Ministers]
The President of the Republic shall dismiss a Member of the Government٫ if this
is proposed by the Premier.
Article ۷۵ [Dismissal of Government]
The President of the Republic shall dismiss a Government which did not offer
its resignation although it was obliged to offer it.
Article ۷۶ [Resolutions]
(۱) The Government makes decisions as a body.
(۲) The passage of a resolution of the Government requires the consent of an
absolute majority of all its members.
Article ۷۷ [Premier]
(۱) The Premier organizes the activities of the Government٫ chairs its
meetings٫ acts in its name٫ and execccutes further activities entrusted to him
by the Constitution or by other laws.
(۲) The Premier is represented by a Deputy Premier or another authorized member
of the Government.
Article ۷۸ [Decrees]
For the execccution of a law and within its limits٫ the Government is entitled
to issue decrees. Decrees are signed by the Premier and a respective member of
the Government.
Article ۷۹ [Regulations]
(۱) Ministries and other administrative bodies can be established and their
powers defined only by law.
(۲) The legal relations of state employees in the ministries and other
administrative bodies are determined by law.
(۳) The ministries٫ other administrative offices٫ and bodies of territorial
self-administration may issue legal regulations on the basis of and within the
limits of law٫ if authorized so by law.
Article ۸۰ [Public Prosecutor''s Office]
(۱) A Public Prosecutor''s office represents public prosecution in criminal
proceedings; it also execccutes other tasks٫ if the law so stipulates.
(۲) The status and jurisdiction of the Public Prosecutor''s office are
defined by law.
Chapter Four Judicial Power
[Part ۱ General Provisions]
Article ۸۱ [Independent Courts]
Judicial power is exercised by independent courts on behalf of the Republic.
Article ۸۲ [Judges]
(۱) Judges are independent in the execccution of their function. Their
impartiality must not be threatened by anyone.
(۲) A judge cannot be dismissed or transferred to another court against his or
her will; exceptions٫ primarily in disciplinary responsibility٫ are
stipulated by law.
(۳) The discharrrge of the function of a judge is incompatible with the office
of the President of the Republic٫ member of Parliament٫ or any other function
in public administration; other activities incompatible with the
discharrrge of the function of a judge are determined by law.
[Part ۲] Constitutional Court
Article ۸۳ [Function]
The Constitutional Court is a judicial body for the protection of
constitutionality.
Article ۸۴ [Composition]
(۱) The Constitutional Court is composed of ۱۵ judges appointed for a term of
ten years.
(۲) The judges of the Constitutional Court are appointed by the President of
the Republic with the consent of the Senate.
(۳) Any citizen of integrity٫ eligible for election to the Senate٫ havinggg a
university education in law and at least ten years of experience in legal
profession may be appointed a judge of the Constitutional Court.
Article ۸۵ [Oath]
(۱) A judge of the Constitutional Court assumes his or her function upon taking
an oath before the President of the Republic.
(۲) A judge of the Constitutional Court takes the following oath:
"I pledge on my honor and conscience that I will protect the inviolability of
the natural rights of the individual and the rights of any citizen٫ abide by
constitutional laws٫ and make decisions according to my best conviction٫
independently٫ and impartially."
(۳) If a judge refuses to take the oath or if he or she takes it with
reservations٫ he or she is regarded as not appointed.
Article ۸۶ [Immunity]
(۱) A judge of the Constitutional Court cannot be criminally prosecuted without
the consent of the Senate. If the Senate declines to give its consent٫ criminal
prosecution is rendered impossible forever.
(۲) A judge of the Constitutional Court may be detained only if caught while
committing a criminal act or immediately thereafter. The respective authority
is obliged to immediately notify the Chairman of the Senate of the detention.
If the Chairman or the Senate fails to give his consent to passing the detainee
to court within ۲۴ hours٫ the respective authority is obliged to release him.
The Senate shall make a definitive decision about whether or not criminal
prosecution is admissible at its first following session.
(۳) A judge of the Constitutional Court has the right to deny testimony on
matters about which he or she learnt while discharrrging his or her function٫
and٫ as well٫ after he or she ceased to be a judge of the Constitutional Court.
Article ۸۷ [Competencies]
(۱) The Constitutional Court resolves:
a) the nullification of laws or their individual provisions if they are in
contradiction with a constitutional law or an international agreement under
Article ۱۰٫
b) the nullification of other legal regulations or their individual provisions
if they are in contradiction with a constitutional law٫ legislation٫ or
international agreement under Article ۱۰٫
c) constitutional complaints by bodies of territorial self-administration
against unlawful interference by the state٫
d) constitutional complaints against authorized decisions and other
interference by bodies of public power with fundamental rights and freedoms
guaranteed by the Constitution٫
e) legal remedies against decisions on matters of the verification of election
of a Deputy or a Senator٫
f) doubts concerning a loss of eligibility of a Deputy or a Senator and
incompatibility of the discharrrge of his or her function according to Article
۲۵٫
g) a constitutional indictment by the Senate against the President of the
Republic according to Article ۶۵ (۲)٫
h) a proposal by the President of the Republic to repeal a resolution by the
Chamber of Deputies and the Senate according to Article ۶۶٫
i) measures necessary to effect a decision by an international court which is
binding for the Czech Republic٫ if it cannot be effected otherwise٫
j) the congruency of a decision to dissolve a political party or other
decisions concerning the activities of a political party with constitutional
laws and other acts٫
k) controversies on the scope of powers of state bodies and bodies of
territorial self-administration٫ if٫ according to law٫ these do not fall under
the jurisdiction of another body.
(۲) The law may stipulate that instead of the Constitutional Court the Supreme
Administrative Court shall pass decisions on:
a) the annulment of legal regulations or their individual provisions٫ if they
are at variance with law٫
b) controversies concerning the scope of powers of state bodies and bodies of
territorial self-administration٫ if٫ according to law٫ these do not fall under
the jurisdiction of another body.
Article ۸۸ [Initiative٫ Independence]
(۱) The law specifies who and under what conditions is entitled to table a
proposal to initiate proceedings and other rules on proceedings before the
Constitutional Court.
(۲) In decision-making٫ judges of the Constitutional Court are bound only by
constitutional laws and international agreements under Article ۱۰ and by laws
under Paragraph (۱).
Article ۸۹ [Binding Effect]
(۱) A decision of the Constitutional Court becomes execccutable as soon as it
is promulgated in the manner determined by law if the Constitutional Court did
not decide about its execccution otherwise.
(۲) execccutable decisions of the Constitutional Court are binding for all
bodies and persons.
[Part ۳] Courts
Article ۹۰ [Purpose]
The task of courts is above all to provide protection to rights in the manner
determined by law. Only a court can decide on the guilt and penalty for
criminal acts.
Article ۹۱ [Court Hierarchy]
(۱) The judiciary consists of the Supreme Court٫ the Supreme Administrative
Court٫ high٫ regional٫ and district courts. Legislation may determine other
terms for them.
(۲) The jurisdiction and organization of courts is stipulated by law.
Article ۹۲ [Highest Court]
The Supreme Court is the highest judicial body in matters falling under the
jurisdiction of courts with the exception of matters
decided by the Constitutional Court or the Supreme Administrative Court.
Article ۹۳ [Appointment of Judges]
(۱) Judges are appointed by the President of the Republic for an unlimited
term. They assume the office on taking an oath.
(۲) Any citizen of integrity٫ havinggg a university education in law٫ can be
appointed judge. Other requirements and procedures are stipulated by law.
Article ۹۴ [Bench]
(۱) The law stipulates cases in which judges decide as a bench and the
composition of the bench. In other cases they decide as single judges.
(۲) The law may stipulate in which matters and in what manner also other
citizens٫ in addition to judges٫ participate in court decision-making.
Article ۹۵ [Courts Bound By Law]
(۱) In decision-making٫ judges are bound by law; they are entitled to judge
congruency of another legal regulation with the law.
(۲) If a court arrives at the conclusion that a law which is to be applied in
decision-making is in contradiction with a constitutional act٫ it shall pass
the matter to the Constitutional Court.
Article ۹۶ [Equality Before Court٫ Publicity]
(۱) All parties in legal proceedings have equal rights before the court.
(۲) Proceedings in the court are verbal and open to public; exceptions are
specified by law. The verdict of the court is always publicly declared.
Chapter Five The Supreme Inspection Office
Article ۹۷ [Supreme Inspection Office]
(۱) The Supreme Inspection Office is an independent body. It execccutes
inspection of the management of state property and the fulfillment of the state
budget.
(۲) The President and Vice President of the Supreme Inspection Office are
appointed by the President of the Republic upon the suggestion of the Chamber
of Deputies.
(۳) The status٫ jurisdiction٫ organizational structure and other details are
set down by law.
Chapter Six The Czech National Bank
Article ۹۸ [Czech National Bank]
(۱) The Czech National Bank is the central bank of the State. Its activities
are primarily oriented towards currency stability; it is possible to
interfere with its activities exclusively on the basis of law.
(۲) The status٫ jurisdiction٫ and other details are set down by law.
Chapter Seven Territorial Self-Administration
Article ۹۹ [Lands٫ Regions٫ Municipalities]
The Czech Republic is divided into municipalities which are the basic units of
territorial self-administration. Higher units of territorial
self-administration are lands and regions.
Article ۱۰۰ [Right to Self-Administration]
(۱) The units of territorial self-administration are territorial communities of
citizens٫ which have the right to self-administration. The law determines when
they are administrative districts.
(۲) A municipality is always part of a higher unit of territorial
self-administration.
(۳) A higher unit of territorial self-administration may be established or
dissolved solely by a constitutional law.
Article ۱۰۱ [Board of Representatives]
(۱) A municipality is independently administrated by a board of
representatives.
(۲) A higher unit of territorial self-administration is independently
administrated by a board of representatives.
(۳) Units of territorial self-administration are public law corporations which
may have their own property and may engage in management according to their own
budgets.
(۴) The state may interfere in the activities of units of territorial
self-administration only if it is necessary for the protection of law and
solely by means specified by law.
Article ۱۰۲ [Elections]
(۱) Members of the board of representatives are elected by secret ballot on the
basis of universal٫ equal٫ and direct suffrage.
(۲) The term of office of the board of representatives is four years. The law
stipulates under what conditions new elections to the board of representatives
shall be called before the expiration of its term of office.
Article ۱۰۳ [Names]
The name of a higher unit of territorial self-administration shall be decided
by its board.
Article ۱۰۴ [Jurisdiction٫ Decrees]
(۱) The powers of the board of representatives may be set down solely by law.
(۲) The board of representatives resolves matters of self-administration٫
unless these are entrusted by law to the board of representatives of a higher
unit of territorial self-administration.
(۳) Boards of Representatives may issue generally binding decrees within the
limits of their jurisdiction.
Article ۱۰۵ [Bound by Law]
The exercise of state administration may be entrusted to bodies of
self-administration only when determined so by law.
Chapter Eight Temporary and Final Provisions
Article ۱۰۶ [Provisional Senate]
(۱) On the day this Constitution comes into effect٫ the Czech National Council
becomes the Chamber of Deputies whose election term expires on ۶ June ۱۹۹۶.
(۲) Until the Senate is elected according to the Constitution٫ the functions of
the Senate shall be discharrrged by the Provisional Senate. The Provisional
Senate shall be constituted in the manner determined by constitutional law. The
Chamber of Deputies shall execccute the functions of the Senate until this law
becomes effective.
(۳) The Chamber of Deputies cannot be dissolved as long as it discharrrges the
function of the Senate according to Paragraph (۲).
(۴) Until laws on the rules of procedure of the Chambers are passed٫ the
individual Chambers shall proceed according to the rules of procedure of the
Czech National Council.
Article ۱۰۷ [Senate Elections]
(۱) The law on elections to the Senate sets down the way in which one third of
Senators whose election term will be two years٫ and one third of Senators whose
election term will be four years will be determined in the first elections to
the Senate.
(۲) The President of the Republic shall call a session of the Senate so that it
may begin no later than the thirtieth day after the
election day; if he fails to do so٫ the Senate shall meet on the thirtieth
day after the election day.
Article ۱۰۸ [۱۹۹۲ Government]
The Government of the Czech Republic appointed after the ۱۹۹۲ elections and
execccuting its function on the day when the Constitution comes into effect is
considered a Government appointed according to this Constitution.
Article ۱۰۹ [State Prosecutor''s Functions]
Until the State Prosecutor''s Office is established٫ its functions shall be
exercised by the Prosecutor''s Office of the Czech Republic.
Article ۱۱۰ [Military Courts]
Until ۳۱ Dec ۱۹۹۳٫ the judiciary shall also include military courts.
Article ۱۱۱ [Judges]
Judges of all courts of the Czech Republic٫ exercising the function of judge on
the day on which this Constitution comes into effect٫ are considered judges
appointed according to the Constitution of the Czech Republic.
Article ۱۱۲ [Constitutional Order]
(۱) The constitutional order of the Czech Republic comprises this Constitution٫
the charrrter of Fundamental Rights and Freedoms٫ constitutional laws adopted
in accordance with this Constitution٫ and constitutional laws of the National
Assembly of the Czechoslovak Republic٫ the Federal Assembly of the Czechoslovak
Socialist Republic٫ and the Czech National Council٫ which define the state
borders of the Czech Republic٫ and constitutional laws of the Czech National
Council adopted after ۶ June ۱۹۹۲.
(۲) Annulled are the present Constitution٫ the Constitutional Act on the
Czechoslovak Federation٫ constitutional laws which amended them٫ and the
Constitutional Act of the Czech National Council No. ۶۷/۱۹۹۰ Digest of Laws٫ on
the State Symbols of the Czech Republic.
(۳) Other constitutional laws valid on the territory of the Czech Republic
shall have the power of a law on the day this Constitution comes into effect.
Article ۱۱۳ [Coming Into Force]
This Constitution takes effect as of ۱ Jan ۱۹۹۳.