Constitutional Act of the Czech National Council No. 1 / 1993 Coll.
Constitution of the Czech Republic
Valid
Effective from 01.01.1993
Contents
HLAVA PRVNÍ
Čl. 1
Čl. 2
Čl. 3
Čl. 4
Čl. 5
Čl. 6
Čl. 7
Čl. 8
Čl. 9
Čl. 10
Čl. 10a
Čl. 10b
Čl. 11
Čl. 12
Čl. 13
Čl. 14
HLAVA DRUHÁ
Čl. 15
Čl. 16
Čl. 17
Čl. 18
Čl. 19
Čl. 20
Čl. 21
Čl. 22
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Čl. 45
Čl. 46
Čl. 47
Čl. 48
Čl. 49
Čl. 50
Čl. 51
Čl. 52
Čl. 53
HLAVA TŘETÍ
Čl. 54
Čl. 55
Čl. 56
Čl. 57
Čl. 58
Čl. 59
Čl. 60
Čl. 61
Čl. 62
Čl. 63
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Čl. 68
Čl. 69
Čl. 70
Čl. 71
Čl. 72
Čl. 73
Čl. 74
Čl. 75
Čl. 76
Čl. 77
Čl. 78
Čl. 79
Čl. 80
HLAVA ČTVRTÁ
Čl. 81
Čl. 82
Čl. 83
Čl. 84
Čl. 85
Čl. 86
Čl. 87
Čl. 88
Čl. 89
Čl. 90
Čl. 91
Čl. 92
Čl. 93
Čl. 94
Čl. 95
Čl. 96
HLAVA PÁTÁ
Čl. 97
HLAVA ŠESTÁ
Čl. 98
HLAVA SEDMÁ
Čl. 99
Čl. 100
Čl. 101
Čl. 102
Čl. 104
Čl. 105
HLAVA OSMÁ
Čl. 106
Čl. 107
Čl. 108
Čl. 109
Čl. 110
Čl. 111
Čl. 112
Čl. 113
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1
CONSTRUCTION LAW
Czech National Council
of 16 December 1992
CONSTITUTION OF THE CZECH REPUBLIC
of 16 December 1992
The Czech National Council decided on the following constitutional law:
PREAMBLE
We, citizens of the Czech Republic in Bohemia, Moravia and Silesia,
at the time of renewal of the independent Czech State,
faithful to all good traditions of the ancient stature of the countries of the Czech and Czechoslovak countries,
determined to build, protect and develop the Czech Republic in a spirit of untouchable values of human dignity and freedom as a country of equal, free citizens who are aware of their responsibilities to others and their responsibility to the whole, as a free and democratic state, based on respect for human rights and the principles of civil society,
as part of the family of European and world democracies,
committed together to guarding and developing inherited natural and cultural, material and spiritual wealth,
determined to follow all the best principles of the rule of law,
through our freely elected representatives we accept this Constitution of the Czech Republic
BASIC PROVISIONS
(1) The Czech Republic is a sovereign, united and democratic rule of law based on respect for the rights and freedoms of man and citizen.
(2) The Czech Republic complies with its obligations under international law.
(1) The people are the source of all state power; It shall be carried out by legislative, executive and judicial authorities.
(2) The Constitutional Law may determine when the people exercise the state authority directly.
(3) State power serves all citizens and can only be applied in cases, within the limits and in the ways laid down by law.
(4) Every citizen can do what is not forbidden by law, and no one must be forced to do what the law does not impose.
The Charter of Fundamental Rights and Freedoms is part of the constitutional order of the Czech Republic.
Fundamental rights and freedoms are protected by judicial authority.
The political system is based on the free and voluntary creation and free competition of political parties respecting fundamental democratic principles and rejecting violence as a means of promoting their interests.
Political decisions are based on the will of the majority expressed by the free vote. The majority's decision-making is to protect minorities.
The State shall ensure that natural resources are used in a gentle manner and that natural wealth is protected.
The self-administration of the local authorities is guaranteed.
(1) The Constitution may be supplemented or amended only by constitutional laws.
(2) The amendment of the essential elements of the democratic rule of law is inadmissible.
(3) The interpretation of legal standards cannot justify the elimination or threat to the foundations of a democratic state.
The declared international treaties for which Parliament has given its assent to the ratification of which the Czech Republic is bound are part of the rule of law; where an international treaty provides for something other than a law, the international agreement shall apply.
(1) Certain powers of the authorities of the Czech Republic may be delegated to an international organisation or institution by an international treaty.
(2) In order to ratify the international treaty referred to in paragraph 1, Parliament's consent must be required, unless a constitutional law provides that ratification requires the consent given in a referendum.
(1) The Government shall regularly and in advance inform Parliament of issues relating to commitments arising from the membership of the Czech Republic in an international organisation or institution referred to in Article 10a.
(2) The chambers of Parliament shall comment on the decisions to be taken by such an international organisation or institution in a manner which lays down their rules of procedure.
(3) The Act on the principles of conduct and contact between the two chambers, as well as externally, may entrust the exercise of the powers of the chambers under paragraph 2 to the common body of the chambers.
The territory of the Czech Republic consists of an integral whole whose national borders can only be changed by constitutional law.
(1) The acquisition and withdrawal of citizenship of the Czech Republic is governed by the law.
(2) No one may be deprived of citizenship against his will.
The capital of the Czech Republic is Prague.
(1) The national symbols of the Czech Republic are large and small state emblem, state colours, state flag, flag of the President of the Republic, state seal and national anthem.
(2) State symbols and their use shall be regulated by law.
_
(1) The legislature in the Czech Republic belongs to Parliament.
(2) Parliament is composed of two chambers, namely the Chamber of Deputies and the Senate.
(1) The Chamber of Deputies has 200 Members elected for four years.
(2) The Senate has 81 senators elected for six years. Every two years, a third of the senators are elected. The territorial definition of electoral districts for elections to the Senate is laid down by law. If this is necessary to maintain equality of electoral law, the law on the territorial definition of constituencies shall be amended; This change in the territorial definition of constituencies may be made not earlier than 12 years after the last such change in the territorial definition of constituencies.
(1) Elections to the Chamber of Deputies shall be held within a period commencing on the 30th day before the end of the parliamentary term and ending on the day of its expiry.
(2) If the Chamber of Deputies has been dissolved, the elections will take place within 60 days of its dissolution.
(3) The Senate elections are held in the first full week of October. If the law provides that these elections can be held in more rounds, this applies to the first round.
(1) Elections to the Chamber of Deputies are held by secret ballot on the basis of universal, equal and direct electoral law, according to the principles of proportional representation.
(2) The Senate elections are held by secret ballot on the basis of universal, equal and direct voting rights, according to the principles of the majority system.
(3) Every citizen of the Czech Republic who has reached the age of 18 has the right to vote.
(1) Any citizen of the Czech Republic who has the right to vote and has reached the age of 21 can be elected to the Chamber of Deputies.
(2) Any citizen of the Czech Republic who has the right to vote and has reached the age of 40 can be elected to the Senate.
(3) The mandate of a Member or Senator shall be subject to election.
Further conditions for the exercise of electoral law, the organisation of elections and the scope of judicial review shall be laid down by law.
No one can be a member of the two chambers of Parliament at the same time.
(1) The duties of a Member or Senator are incompatible with the performance of the office of the President of the Republic, the duties of judge and other duties laid down by law.
(2) The day on which a Member or Senator took office as President of the Republic, or the day on which he took office as Judge or any other function incompatible with that of a Member or Senator, his mandate as a Member or Senator shall cease.
(1) The Member shall make a promise at the first meeting of the Chamber of Deputies to attend.
(2) The Senator will make a promise at the first meeting of the Senate to attend.
(3) The promise of the Member and Senator is: "I pledge allegiance to the Czech Republic. I promise to uphold her constitution and her laws. I promise in my honour that I will carry out my mandate in the interests of all the people and to the best of my knowledge and conscience."
A Member or Senator may renounce his mandate by a declaration made in person at the Chamber of which he is a member. If serious circumstances prevent him from doing so, he will do so in the manner laid down by law.
The mandate of a Member or Senator shall expire:
(a) by denying or making a promise subject to condition;
(b) the expiry of the term of office;
(c) surrender of the mandate,
(d) loss of selectivity;
(e) for Members, by dissolution of the Chamber of Deputies,
(f) the incompatibility of the functions referred to in Article 22 arises.
Members and Senators shall exercise their mandate in person in accordance with their promise and shall not be bound by any orders.
(1) No Member or Senator may be penalised for voting in the Chamber of Deputies or the Senate or their bodies.
(2) The speeches made in or in the Chamber of Deputies or the Senate cannot be prosecuted by a Member or Senator. The Member or Senator shall be subject only to the disciplinary powers of the Chamber of which he is a member.
(3) A Member or Senator shall be subject only to disciplinary jurisdiction of the Chamber of which he is a member, unless otherwise provided by law.
(4) Neither the Member nor the Senator may be prosecuted without the consent of the Chamber of which he is a member. If the Chamber withdraws its consent, criminal prosecution shall be excluded for the duration of the mandate.
(5) A Member or Senator may be detained only if he has been caught committing a crime or immediately thereafter. The competent authority shall immediately notify the detention of the President of the Chamber of which he is a member; If, within 24 hours of the detention, the President of the Chamber has not given his consent to the surrender of the detained court, the competent authority shall release him. At its first subsequent meeting, the Chamber shall decide on the admissibility of the prosecution.
Both the Member and the Senator shall have the right to deny evidence of the facts which he has learned in connection with the performance of his mandate, even after he has ceased to be a Member or a Senator.
(1) The Chamber of Deputies elects and removes the President and Vice-Presidents of the Chamber of Deputies.
(2) The Senate shall elect and withdraw the President and Vice-Presidents of the Senate.
(1) For the examination of a matter of public interest, the Chamber of Deputies may set up a committee of inquiry if at least one fifth of the Members so propose.
(2) The proceedings before the panel shall be governed by the law.
(1) The chambers establish committees and commissions as their bodies.
(2) The activities of committees and commissions shall be governed by the law.
A Member or Senator who is a member of the Government may not be President or Vice-President of the Chamber of Deputies or the Senate or a member of parliamentary committees, committee of inquiry or commission.
(1) If the Chamber of Deputies is dissolved, it is for the Senate to take legal measures in matters which cannot be delayed and would otherwise require the adoption of a law.
(2) However, it is not for the Senate to take legal measures in the cases of the Constitution, the State Budget, the State Final Account, the Election Act and the International Treaties under Article 10.
(3) Only the government may propose a legislative measure to the Senate.
(4) The Senate legislative measure shall be signed by the President of the Senate, the President of the Republic and the Prime Minister; it is declared just like the law.
(5) The Senate's legal action must be approved by the Chamber of Deputies at its first meeting. If the Chamber of Deputies does not approve it, it will cease to be valid.
(1) The chamber meetings are permanent. The session of the Chamber of Deputies shall be convened by the President of the Republic to start no later than the 30th day following the election date; If they do not, the Chamber of Deputies shall meet on the 30th day after the election.
(2) The Chamber may be suspended by a resolution. The total time for which the session may be suspended shall not exceed 120 days per year.
(3) The President of the Chamber of Deputies or the Senate may convene a Chamber for a meeting before the deadline. It shall do so whenever requested by the President of the Republic, the Government or at least a fifth of the members of the Chamber.
(4) The session of the Chamber of Deputies ends with the expiry of its term of office or with its dissolution.
(1) The President of the Republic may dissolve the Chamber of Deputies if:
(a) the Chamber of Deputies has not expressed its confidence in the newly appointed Government, whose President has been appointed President of the Republic on a proposal from the President of the Chamber of Deputies,
(b) The Chamber of Deputies shall not, within three months, take any action on a government bill which the government has linked to the issue of trust;
(c) the session of the Chamber of Deputies has been suspended for a longer period than is admissible;
(d) The Chamber of Deputies was not eligible for a resolution for a period of three months, although its sitting was not suspended and although it was repeatedly convened at that time.
(2) The President of the Republic will dissolve the Chamber of Deputies if the Chamber of Deputies so proposes by a resolution with which a majority of three-fifths of all Members have agreed.
(3) The Chamber of Deputies cannot be dissolved three months before the end of its term of office.
The chamber meetings are public. The public may be excluded only under the conditions laid down by law.
(1) A Joint Chamber Meeting is convened by the President of the Chamber of Deputies.
(2) The Rules of Procedure of the Chamber of Deputies shall apply to the meetings of the Joint Chamber.
(1) A member of the Government has the right to attend meetings of both chambers, their committees and commissions. He gets a word whenever he asks.
(2) A member of the Government is required to appear in person at the meeting of the Chamber of Deputies on the basis of its resolution. This also applies to meetings of a committee, committee or committee of inquiry, where a member of the government may be represented by his deputy or another member of the government, unless his personal participation is specifically required.
(1) Comoros are eligible for a quorum in the presence of at least one third of their members.
(2) In order to adopt the resolution of the Chamber, the consent of an absolute majority of Members or Senators present shall be required, unless the Constitution provides otherwise.
(3) In order to adopt a resolution on the declaration of war status and to adopt a resolution on the consent to the deployment of the armed forces of the Czech Republic outside the territory of the Czech Republic or to the residence of armed forces of other States in the territory of the Czech Republic, as well as to the adoption of a resolution on the participation of the Czech Republic in the defence systems of an international organisation of which the Czech Republic is a member, the consent of an absolute majority of all Members and an absolute majority of all Senators is required.
(4) In order to adopt the constitutional law and to agree to ratify the international treaty referred to in Article 10a (1), the consent of the three-fifths majority of all Members and the three-fifths majority of the senators present is required.
In order to adopt the electoral law and the law on the principles of conduct and contact between the two chambers, as well as on the outside and the law on the Rules of Procedure of the Senate, it must be approved by the Chamber of Deputies and the Senate.
(1) Proposals for laws are submitted to the Chamber of Deputies.
(2) A bill may be filed by a Member, a group of Members, a Senate, a Government or a representative of a higher local authority.
(1) The draft State Budget Act and the draft State Accounts shall be submitted by the Government.
(2) These proposals are discussed at a public meeting, and only the Chamber of Deputies is taking decisions on them.
(1) Parliament decides on the declaration of a state of war when the Czech Republic is attacked or when international contractual commitments on joint defence against an assault need to be fulfilled.
(2) Parliament decides on the participation of the Czech Republic in defence systems of an international organisation to which the Czech Republic is a member.
(3) Parliament agrees
(a) with the secondment of the armed forces of the Czech Republic outside the territory of the Czech Republic,
(b) the residence of the armed forces of other States in the Czech Republic,
if such decisions are not reserved for the government.
(4) The Government shall decide on the deployment of the armed forces of the Czech Republic outside the territory of the Czech Republic and on the stay of the armed forces of other States in the territory of the Czech Republic for a maximum period of 60 days, if applicable
(a) the fulfilment of obligations under international agreements on common defence against assault;
(b) participation in peace-keeping operations as decided by an international organisation to which the Czech Republic is a member, with the consent of the beneficiary State;
(c) participation in rescue work in natural disasters, industrial or environmental accidents.
(5) The Government also decides
(a) on the transit through or crossing the territory of the Czech Republic of the armed forces of other States;
(b) the participation of the armed forces of the Czech Republic in military exercises outside the territory of the Czech Republic and the participation of the armed forces of other States in military exercises in the territory of the Czech Republic.
(6) The Government shall immediately inform the two chambers of Parliament of the decisions referred to in paragraphs 4 and 5. Parliament may revoke the Government's decision; A dissenting resolution of one of the chambers adopted by an absolute majority of all members of the chamber is sufficient to lift the Government's decision.
(1) The Government has the right to comment on all draft laws.
(2) If the Government does not express itself within 30 days of the draft law being delivered to it, it is true that it has expressed itself positively.
(3) The Government is entitled to request that the Chamber of Deputies conclude the consideration of the Government's bill within three months of its submission, if the Government combines a request for confidence.
The bill with which the Chamber of Deputies has given its consent will be passed on to the Chamber of Deputies without undue delay.
(1) The Senate shall discuss the bill and shall act on it within 30 days of its referral.
(2) By its resolution, the Senate will approve or reject or return the bill to the Chamber of Deputies with amendments or express its willingness not to deal with it.
(3) If the Senate has not expressed its views within the time limit referred to in paragraph 1, the draft law shall be adopted.
(1) If the Senate rejects the bill, the Chamber of Deputies shall vote on it again. The bill is adopted if it is approved by an absolute majority of all Members.
(2) If the Senate returns the bill to the Chamber of Deputies with amendments, the Chamber of Deputies shall vote on it as approved by the Senate. Its resolution accepts the bill.
(3) If the Chamber of Deputies does not approve the bill as approved by the Senate, it shall vote again on the bill as referred to the Senate. The bill is adopted if it is approved by an absolute majority of all Members.
(4) Amendments are not admissible when discussing a rejected or returned bill in the Chamber of Deputies.
If the Senate expresses the will not to deal with the bill, this resolution accepts the bill.
The ratification of international treaties
Contents
HLAVA PRVNÍ
Čl. 1
Čl. 2
Čl. 3
Čl. 4
Čl. 5
Čl. 6
Čl. 7
Čl. 8
Čl. 9
Čl. 10
Čl. 10a
Čl. 10b
Čl. 11
Čl. 12
Čl. 13
Čl. 14
HLAVA DRUHÁ
Čl. 15
Čl. 16
Čl. 17
Čl. 18
Čl. 19
Čl. 20
Čl. 21
Čl. 22
Čl. 23
Čl. 24
Čl. 25
Čl. 26
Čl. 27
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Čl. 29
Čl. 30
Čl. 31
Čl. 32
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Čl. 34
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Čl. 38
Čl. 39
Čl. 40
Čl. 41
Čl. 42
Čl. 43
Čl. 44
Čl. 45
Čl. 46
Čl. 47
Čl. 48
Čl. 49
Čl. 50
Čl. 51
Čl. 52
Čl. 53
HLAVA TŘETÍ
Čl. 54
Čl. 55
Čl. 56
Čl. 57
Čl. 58
Čl. 59
Čl. 60
Čl. 61
Čl. 62
Čl. 63
Čl. 64
Čl. 65
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Čl. 69
Čl. 70
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Čl. 72
Čl. 73
Čl. 74
Čl. 75
Čl. 76
Čl. 77
Čl. 78
Čl. 79
Čl. 80
HLAVA ČTVRTÁ
Čl. 81
Čl. 82
Čl. 83
Čl. 84
Čl. 85
Čl. 86
Čl. 87
Čl. 88
Čl. 89
Čl. 90
Čl. 91
Čl. 92
Čl. 93
Čl. 94
Čl. 95
Čl. 96
HLAVA PÁTÁ
Čl. 97
HLAVA ŠESTÁ
Čl. 98
HLAVA SEDMÁ
Čl. 99
Čl. 100
Čl. 101
Čl. 102
Čl. 104
Čl. 105
HLAVA OSMÁ
Čl. 106
Čl. 107
Čl. 108
Čl. 109
Čl. 110
Čl. 111
Čl. 112
Čl. 113
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Regulation Information
| Citation | Constitutional Law of the Czech National Council No. 1 / 1993 Coll., Constitution of the Czech Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1992 |
|---|---|
| Effective from | 01.01.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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