Constitutional Law No. 110 / 1998 Coll.
Constitutional Law on Security of the Czech Republic
Valid
Effective from 29.05.1998
110
CONSTRUCTION LAW
of 22 April 1998
on the security of the Czech Republic
Parliament has decided on the following constitutional law of the Czech Republic:
BASIC PROVISIONS
Ensuring the sovereignty and territorial integrity of the Czech Republic, protecting its democratic foundations and protecting lives, health and property values is a fundamental duty of the state.
(1) If sovereignty, territorial integrity, democratic foundations of the Czech Republic or, to a large extent, internal order and security, lives and health, property values or the environment are immediately threatened or if international commitments on common defence need to be fulfilled, they may be declared, depending on the intensity, territorial scope and nature of the situation, emergency status, state or war status.
(2) The state of emergency and the state of threat is declared for limited or for the entire territory of the State, the state of war is declared for the whole territory of the State.
(1) The security of the Czech Republic is provided by armed forces, armed security corps, rescue corps and emergency services.
(2) State authorities, local authorities and legal and natural persons are obliged to participate in the security of the Czech Republic. The scope of the obligations and other details shall be laid down by law.
(1) The armed forces are supplemented on the basis of a military obligation.
(2) The scope of the military obligation, the tasks of the armed forces, the armed security corps, the rescue corps and the emergency services, their organisation, preparation and replenishment and the legal situation of their members are laid down by law, in order to ensure civil control of the armed forces.
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(1) The Government may declare a state of emergency in the event of natural disasters, environmental or industrial accidents, accidents or other hazards which significantly threaten the lives, health or property values or internal order and security.
(2) The emergency situation cannot be declared due to a strike conducted to protect rights and legitimate economic and social interests.
(3) If there is a danger of delay, the Prime Minister may declare an emergency. The Government shall approve or revoke its decision within 24 hours of its publication.
(4) The Government shall immediately inform the Chamber of Deputies of the declaration of emergency status, which may withdraw the declaration.
(1) A state of emergency may be declared only with reasons for a specific period and for a specific territory. At the same time as the declaration of emergency status, the government must define which rights set out in the special law and to what extent are restricted in accordance with the Charter of Fundamental Rights and Freedoms and which obligations and to what extent are imposed. Details shall be laid down by law.
(2) The emergency state may be declared for a maximum period of 30 days. This period may be extended only after the prior consent of the Chamber of Deputies.
(3) The emergency situation ends with the expiry of the period for which it was declared, unless the Government or the Chamber of Deputies decides to revoke it before the expiry of that period.
STATE STATUS
(1) Parliament may declare, on a proposal from the Government, a state of threat if the sovereignty of the State or the territorial integrity of the State or its democratic foundations are directly threatened.
(2) In order to adopt a resolution on a state of threat, the agreement of an absolute majority of all Members and the agreement of an absolute majority of all senators is needed.
EXCLUDED ARRANGEMENTS ON PROPOSALS
(1) For as long as there is a threat to the state or to the state of war, the government may require Parliament to discuss a government bill in a brief act.
(2) The Chamber of Deputies shall act on such a proposal within 72 hours of its submission and the Senate within 24 hours of its referral by the Chamber of Deputies. If the Senate does not comment within that period, the bill is adopted.
(3) The President of the Republic shall not have the right to refer back the law adopted in the abridged act as long as the state or the state of war is in danger.
(4) In a brief act, the government cannot put forward a draft constitutional law.
THE SECURITY COUNCIL OF THE STATE
(1) The Security Council of the State is composed of the Prime Minister and other members of the Government as decided by the Government.
(2) The Security Council of the State, within the scope of the mandate provided by the Government, is preparing draft measures for the Government to ensure the security of the Czech Republic.
(3) The President of the Republic shall have the right to take part in the meetings of the Security Council of the State, to request reports from it and its members and to discuss with it or its members matters which fall within their competence.
EXTENSION OF THE VOTE PERIOD
(1) If, during the period of emergency, state or state of war, the conditions in the Czech Republic do not allow elections to be held within the time limits set for the regular election period, the time limits may be extended by law, but no longer than six months.
(2) If a third of the senators or representatives of the local authorities have been extended, the subsequent term of office shall be shortened by that extension.
COMMON PROVISIONS
By the time the Chamber of Deputies is dissolved, the Senate is responsible for:
(a) decide on the extension or cancellation of the emergency state, the declaration of a state of threat to the state or to a state of war and the participation of the Czech Republic in the defence systems of an international organisation to which the Czech Republic is a member;
(b) agree to the deployment of the armed forces of the Czech Republic outside the territory of the Czech Republic and to the residence of armed forces of other States in the territory of the Czech Republic, if such decisions are not reserved for the Government.
Decisions on emergency status, state or war status shall be published in the mass media and declared in the same way as the law. The actions shall take place at the moment specified in the decision.
FINAL PROVISIONS
This constitutional law shall take effect on the day of its publication.
Zeman v. r.
Havel v. r.
Tošovský v. r.
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Regulation Information
| Citation | Constitutional Act No. 110 / 1998 Coll., on Security of the Czech Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.05.1998 |
|---|---|
| Effective from | 29.05.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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