Czech Republic 1993 (rev. 2013)

Through our freely-elected representatives, do adopt this Constitution of the Czech Republic.

Chapter I. Fundamental Provisions

Article 1

Type of government envisioned International law , Customary 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.
Principle of no punishment without law

Article 3

The Charter of Fundamental Rights and Basic Freedoms forms part of the constitutional order of the Czech Republic.

Article 4

The fundamental rights and basic freedoms shall enjoy the protection of judicial bodies.

Restrictions on political parties , Right to form political parties

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.

Protection of environment

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

Constitution amendment procedure Unamendable provisions Legal status of treaties , International law

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.

International law

Article 10a

International organizations Treaty ratification International law , International organizations

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.
Accession of territory

Article 11

The territory of the Czech Republic forms an indivisible whole, the borders of which may be altered only by constitutional act.

Conditions for revoking citizenship

Article 12

Requirements for naturalization , Requirements for birthright citizenship National capital

Article 13

The capital city of the Czech Republic is Prague.

National flag , National anthem

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 II. Legislative Power

Article 15

    The legislative power of the Czech Republic is vested in the Parliament.
Structure of legislative chamber(s)

Article 16

Term length for first chamber , Size of first chamber , Head of government term length Size of second chamber , Term length of second chamber , Second chamber selection Scheduling of elections

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.
Secret ballot , Claim of universal suffrage

Article 18

First chamber selection Second chamber selection Restrictions on voting

Article 19

Eligibility for first chamber , Minimum age for first chamber

Minimum age of head of state , Eligibility for second chamber , Eligibility for head of state , Min age of const court judges , Eligibility for const court judges , Minimum age for second chamber

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.

Outside professions of legislators

Article 21

No person may be at the same time a member of both chambers of Parliament.

Outside professions of legislators

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.
Oaths to abide by constitution

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 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:

  1. upon his refusal to take the oath of office or upon taking the oath with reservations,
  2. upon the expiration of the electoral term,
  3. when he resigns his seat,
  4. upon his loss of eligibility to hold office,
  5. for Deputies, upon the dissolution of the Assembly of Deputies,
  6. 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.

Immunity of legislators

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 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 a chamber withholds its consent, such criminal prosecution shall be suspended for the duration of the term [of the impugned Deputies or Senator].
  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

Leader of first chamber Leader of second chamber Legislative oversight of the executive , Legislative committees

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.
Legislative committees

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.
Head of government's role in the legislature , Eligibility for cabinet

Article 32

A Deputy or a Senator who is 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

Second chamber reserved policy areas Second chamber reserved policy areas , International law

Article 34

    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.
Length of legislative sessions Extraordinary legislative sessions Dismissal of the legislature

Article 35

  1. The President of the Republic may dissolve the Assembly of Deputies if:
    1. 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;
    2. 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.
    3. a session of the Assembly of Deputies has been adjourned for longer period than is permissible.
    Attendance by legislators Public or private sessions

    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.

    Joint meetings of legislative chambers

    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

      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.
    Legislative oversight of the executive

    Article 39

    Quorum for legislative sessions Power to declare/approve war , International organizations Constitution amendment procedure , Supermajority required for legislation , Treaty ratification

    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.

    Division of labor between chambers

    Article 41

      Bills shall be introduced in the Assembly of Deputies.
    Initiation of general legislation First chamber reserved policy areas , Budget bills

    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

    Power to declare/approve war , International law International organizations
    1. the sending the armed forces of the Czech Republic outside the territory of the Czech Republic;
    2. the stationing of the armed forces of other states within the territory of the Czech Republic, unless such decisions are reserved to the government.
    International law International organizations
    1. 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.
    2. 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.

    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 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 vote of confidence.
    Division of labor between chambers

    Article 45

    The Assembly of Deputies shall submit bills which it has approved to the Senate without undue delay.

    Article 46

    Division of labor between chambers Division of labor between chambers

    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.

    Treaty ratification

    Article 49

    The assent of both chambers of Parliament is required for the ratification of treaties:

    1. affecting the rights or duties of persons;
    2. of alliance, peace, or other political nature;
    International organizations Veto override procedure , Approval or veto of general legislation

    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

      In order for statute to be valid, it must be promulgated.
    International law Legislative oversight of the executive

    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 III. Executive Power

    A. The President of the Republic

    Article 54

    Name/structure of executive(s) Head of state selection Head of state term length

    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.

    Head of state selection

    Article 56

    Claim of universal suffrage , Secret ballot Restrictions on voting Scheduling of elections Head of state replacement

    Article 57

    Eligibility for head of state , Minimum age of head of state Head of state term limits Scheduling of elections , Head of state selection

    Article 58

    Further conditions of the exercise of the right to vote in the election of the President as well as the details of the process of proposing the presidential candidates for the office of the President of the Republic, the announcement and implementation of the election, and the announcement of the outcome of the election, and the judicial review shall be provided in a statute.

    Oaths to abide by constitution

    Article 59

    1. The Chairman of the Senate shall administer the oath of office to the President-elect at 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 Senate.

    Head of state powers

    Article 62

    The President of the Republic:

    Cabinet removal , Cabinet selection , Head of government selection , Head of government removal Dismissal of the legislature Constitutional court selection Supreme court selection Power to pardon Approval or veto of general legislation Central bank Head of state powers

    Article 63

      In addition, the President of the Republic:
      Foreign affairs representative International law , Treaty ratification Designation of commander in chief Selection of active-duty commanders Ordinary court selection

      Article 64

      Legislative committees

      Article 65

      Head of state immunity Constitutional court powers , Head of state removal Head of state removal Head of state replacement

      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) to e) and h) to k), 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) to e) and k) and further Article 63 paragraph 1 letter f), if the announcement of the election for the Senate is concerned 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, who is also in charge of the office of the Presidency at the time when the Prime Minister is in charge of the designated functions of the President of the Republic pursuant to Article 63 paragraph 1 letter f), if the announcement of the election for the Chamber of Deputies of the Parliament is concerned.

      B. The Government

      Establishment of cabinet/ministers

      Article 67

        The government is the highest body of executive power.
      Name/structure of executive(s) Head of government replacement , Cabinet selection

      Article 68

        The government is responsible to the Assembly of Deputies.
      Head of government selection Head of government selection Head of government selection Cabinet removal Oaths to abide by constitution

      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 minister’s duties. Detailed provisions shall be set down in a statute.

      Cabinet removal , Head of government removal

      Article 71

      The government may submit to the Assembly of Deputies a request for vote of confidence.

      Head of government removal , Cabinet removal

      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

        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.
      Cabinet removal , Head of government term length , Head of government removal Cabinet removal

      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 resolution, the consent of an absolute majority of all its members is necessary.

      Article 77

      Head of government powers Head of government decree power , Powers of cabinet

      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.
      Attorney general

      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 IV. Judicial Power

      Judicial independence

      Article 81

      The judicial power shall be exercised in the name of the Republic by independent courts.