Constitutional Law No 493 / 1992 Coll.
Constitutional Law amending and supplementing Constitutional Act No. 143 / 1968 Coll., on the Czechoslovak Federation, as amended by the later constitutional laws, and certain other constitutional laws
Valid
Effective from 29.10.1992
493
CONSTRUCTION LAW
of 8 October 1992
amending and supplementing Constitutional Act No. 143 / 1968 Coll., on the Czechoslovak Federation, as amended by the Constitutional Act, and certain other constitutional laws
The Federal Assembly of the Czech and Slovak Federal Republic decided on this constitutional law:
Constitutional Act No. 143 / 1968 Coll., on the Czechoslovak Federation, as amended by the Constitutional Act No. 57 / 1969 Coll., No. 125 / 1970 Coll., No. 43 / 1971 Coll., No. 50 / 1975 Coll., No. 161 / 1989 Coll., No. 182 / 1989 Coll., No. 46 / 1990 Coll., No. 100 / 1990 Coll., No. 101 / 1990 Coll., No. 158 / 1990 Coll., No. 159 / 1990 Coll., No. 295 / 1990 Coll., No. 206 / 1992 Coll., and No. 211 / 1992 Coll., is amended as follows:
1. Article 7 (1) (a) reads as follows:
"(a) foreign policy, conclusion of international treaties, except those whose conclusion falls within the competence of the Czech Republic and the Slovak Republic, representation of the Czech and Slovak Federal Republic in international relations and decisions on matters of war and peace,"
2. Article 7 (1) (b) reads as follows:
"(b) defence and economic security of the defence capacity of the Czech and Slovak Federal Republic with the exception of civil protection of the population,"
3. Article 7 (2) reads as follows:
"(2) The Czech Republic and the Slovak Republic may, in accordance with the foreign policy of the Czech and Slovak Federal Republic and the international treaties by which the Czech and Slovak Federal Republic are bound, conclude on their behalf bilateral international agreements in matters falling within the competence of the Czech Republic and the Slovak Republic."
4. in Article 7, the following paragraph 3 is added:
"(3) The Czech Republic and the Slovak Republic may, in accordance with the foreign policy of the Czech and Slovak Federal Republic and the international treaties by which the Czech and Slovak Federal Republic are bound:
(a) conclude agreements with parts of federal and federal States on cooperation in the field of commercial, economic, cultural, scientific, educational, health, environmental protection, civil protection of the population, sport and press, radio and television;
(b) establish their representations with the bodies with which agreements have been concluded under (a) and accept their representations. ";
5. Article 10 shall be deleted.
Article 1 (14) (1) reads as follows:
"(1) In the field of banking, the Czech and Slovak Federal Republics are:
(a) establish and implement a single monetary policy and adopt rules for its implementation;
(b) determine, manage and dispose of the foreign reserve assets in gold and foreign currency. "
7. Article 14 (2) reads as follows:
"(2) The Central Bank of the Czech and Slovak Federal Republic is the Czechoslovak State Bank, which sets out and applies a single monetary policy. A part of the Czechoslovak State Bank is the Institute of the Czechoslovak State Bank for the Czech Republic and the Czechoslovak State Bank for the Slovak Republic. The Czechoslovak State Bank is managed by a bank council consisting of the Governor, two Vice-governors, one of whom is a citizen of the Czech Republic and the other a citizen of the Slovak Republic, as well as a Vice-Governor entrusted with the management of the Czechoslovak State Bank Institute for the Czech Republic and its representative and the Vice-Governor entrusted with the management of the Czechoslovak State Bank Institute for the Slovak Republic and its representative. If the governor is a citizen of the Czech Republic, the citizen of the Slovak Republic and vice versa is the governor in the following term."
8. In Article 14 (3), the words "and savings banks' shall be deleted.
9. in Article 14, the following paragraph 4 is added:
"(4) The Czech Republic and the Slovak Republic may create their emission banks. Emission banks of the Republic will be created by the division of the Czechoslovak State Bank. The Federal Assembly Act shall divide the assets, rights and obligations of the Czechoslovak State Bank and determine the date of their takeover by the Republic's Emission Banks. '
10. Article 16 reads as follows:
The Czech and Slovak Federal Republics are:
(a) establishing foreign trade policy instruments in cooperation with the Czech Republic and the Slovak Republic;
(b) legal arrangements in the field of economic relations with foreign countries. "
11. Article 17 reads as follows:
In the field of economics, the Czech and Slovak Federal Republics are the legal regulations of the energy economy and the production, distribution and consumption of electricity, gas and heat. "
12.
In the field of transport, the Czech and Slovak Federal Republics are:
(a) legislation on transport matters;
(b) the exercise of State administration and supervision in maritime navigation and air transport. ';
13.
In the area of connections within the competence of the Czech and Slovak Federal Republic:
(a) legal arrangements in postal and telecommunications matters;
(b) the determination of uniform tariffs for postal and telecommunications international traffic;
(c) the distribution of frequency spectrum between the Republic and the Federation and the exercise of state administration resulting from international obligations. ';
14.
In the field of peaceful use of nuclear energy, the Czech and Slovak Federal Republics are the legal arrangements and performance of state supervision of nuclear safety and supervision of nuclear materials, nuclear equipment and technology. "
15. Article 22 shall read:
In the field of labour and social policy, the Czech and Slovak Federal Republic is responsible for statutory regulation of labour relations, employment conditions of employees in the institutions of the Czech and Slovak Federal Republic and in their controlled organisations, as well as their sickness and pension insurance and their national social security benefits. "
16. Article 23 (1) reads as follows:
"(1) In the field of state statistics, the Czech and Slovak Federal Republics are:
(a) the legal arrangements for obtaining the statistical information needed to assess the development of the federation, as well as the legal arrangements for protecting that information from misuse;
(b) in agreement with the Czech Republic and the Slovak Republic
1. establish the statistical indicators needed to assess the development of the Federation and the way in which statistical information is obtained for that purpose;
2. establish the statistical indicators necessary for the fulfilment of international obligations and provide such international organisations;
3. fulfil those obligations arising from international obligations entrusted to it by the Czech Republic and the Slovak Republic. '
17.
(1) The Czech and Slovak Federal Republics are subject to the statutory property arrangements; This is without prejudice to the right of the Czech Republic and the Slovak Republic to regulate the assets of the Czech Republic and the Slovak Republic and the property of the municipalities by the laws of the national councils.
(2) The Czech and Slovak Federal Republic in the field of business are:
(a) the rules governing business and business relations and other economic activities;
(b) the regulations governing the protection of the production, trade and interests of consumers, industrial property, standardisation, testing and metrology, as well as the performance of public administrations in these sections in matters covered by the Federal Assembly Act.
(3) The Czech and Slovak Federal Republics are subject to the statutory competition regulations. "
18. in Article 27 (1) (b):
"(b) to regulate the establishment, status, authorisations and other circumstances of the armed security corps of the Czech and Slovak Federal Republic; This is without prejudice to the right of the Czech Republic and the Slovak Republic to establish their own armed security forces and to regulate their status, privileges and other circumstances. '
19. in Article 27, the following paragraph 3 is added:
"(3) The Czech Republic and the Slovak Republic may establish their own security information services and adjust their status, authorisations and other circumstances."
20. Article 28a (1) reads as follows:
"(1) The Czech and Slovak Federal Republic is responsible for controlling the management of the financial and material resources of the Federation, as well as all sectors and activities of the State and Economic Administration which fall within its competence."
21. In Article 36 (3), the following sentence is added at the end: "The Federal Assembly Act provides when international economic agreements of a general nature may be implemented before the Federal Assembly has given its consent."
22. Article 36 (4) shall be deleted.
23. in Article 37 (2), the words "before law enforcement authorities and arbitrators' shall be inserted after the words" before the courts'; the words "the law on experts and interpreters," shall be inserted after the words "the law governing the protection of the results of creative mental activity, the law on the registration of real estate relations and" and the words "and the law on zoning and building regulations" shall be deleted.
24. Article 37 (3) reads as follows:
"(3) If the unity of the rule of law so requires, the Federal Assembly shall implement legal arrangements in matters of national and ethnic minorities, churches and religious societies, care for the health of citizens, veterinary and plant health care and systems of primary and secondary schools; the performance in these matters belongs to the authorities of the Republic in full. ';
25. In Article 42 (2), the provisions of (b) shall be deleted and points (c) to (m) shall be renumbered (b) to (l).
26. Article 61 (1) (b) reads as follows:
"(b) adopt the Head of the diplomatic missions; having regard to the opinions of the Government of the Czech and Slovak Federal Republic, the Government of the Czech Republic and the Government of the Slovak Republic, the Head of the diplomatic missions is responsible for ensuring that the citizens of the Czech Republic and the citizens of the Slovak Republic are equally represented in these positions, '.
27. In Article 75, the following sentence shall be added at the end: "In the event of a tie, the vote of its President shall be decided. '.
28. Article 85 shall be deleted.
1. Legislation governing the organisation of the state organization of the Czechoslovak State Railways will cease to apply on the date laid down by the Federal Assembly Act, which will divide and transfer the property, rights and obligations of the state organisation of the Czechoslovak State Railways to the newly established railway transport organisations of the Czech Republic and the Slovak Republic. The rights and obligations of the Czechoslovak State Railway State Organisation resulting from its international cooperation in the railway sector will also be transferred to these new organisations in full.
2. The Federal Assembly Act lays down rules and procedures for the distribution and transfer of assets, rights and obligations of state organisations established by the Federal Ministry of Transport as specialised railway organisations to the relevant organisations of the two Republics, unless a privatisation project has been approved for these specialised railway organisations by the date of application of this constitutional law.
3. The Federal Assembly Act divides and transfers the assets, rights and obligations of the State Enterprise Administration of Posts and Telecommunications Prague and of the State Company Posts and Telecommunications Administration Bratislava in the range of the Posts System to the newly created postal organisations of the Czech Republic and the Slovak Republic and to the extent of the Telecommunications System to the newly established telecommunications organisations of the Czech Republic and Slovak Republic. These new organisations will be subject to the full extent of the rights and obligations of existing state-owned enterprises resulting from agreements, conventions and international postal arrangements.
4. The validity of postage stamps and other postal prices issued until the date of transfer of the assets referred to in point 3 shall be determined by the Federal Assembly Act.
5. Until 31 December 1992, the rules governing the regulation of wage developments under Article 22 (b) of the Constitutional Act No. 143 / 1968 Coll., on the Czechoslovak Federation, as amended, fall within the competence of the Czech and Slovak Federal Republic.
1. The laws and other laws referred to in Article 144 (1), first sentence, of Constitutional Act No. 143 / 1968 Coll., on the Czechoslovak Federation, as amended by constitutional laws, as well as the Federal Assembly and other laws issued by the State Authorities of the Czech and Slovak Federal Republic by the date of the entry into force of this Constitutional Act, governing matters which do not fall within the competence of the Federation, may be amended in these matters by the laws of the Czech National Council or the laws of the Slovak National Council, *) or by other laws of the State bodies of the Republics. The provisions of the previous sentence shall apply to legislation regulating wage developments from 1 January 1993.
2. The arrangements for settlement of property and other legal ratios of other organisations established by or under the legislation referred to in point 1 shall be governed by the Federal Assembly Act.
Constitutional Act No. 100 / 1960 Coll., Constitution of the Czech and Slovak Federal Republic, as amended, is amended as follows:
1. Article 1 reads as follows:
The Czech and Slovak Federal Republic is a democratic rule of law consisting of the Czech Republic and the Slovak Republic. "
2. Article 5 shall be deleted.
3. Article 16 (3) shall be deleted.
4. In Article 17 (1), the word "socialist 'shall be deleted.
5. Article 18 shall be deleted.
6.
(1) The prosecution shall, to the extent provided for by the law, supervise compliance with laws and other laws; in the case of infringements, they shall take the measures laid down by law.
(2) The Prosecutor of the Czech and Slovak Federal Republic operates in matters of defence and in other matters falling within the competence of the Czech and Slovak Federal Republic; in other cases, the Czech Republic and the Slovak Republic.
(3) The organisation of the Prosecutor's Office of the Czech and Slovak Federal Republic, its tasks, powers and legal conditions of prosecutors, investigators and legal candidates of the Prosecutor's Office are governed by the Federal Assembly Act.
(4) The organisation of the Prosecutor's Office of the Czech Republic and the Prosecutor's Office of the Slovak Republic, their tasks, powers and legal circumstances, shall be governed by the laws of the national councils. "
7.
The Attorney General of the Czech and Slovak Federal Republic is appointed and dismissed by the President of the Czech and Slovak Federal Republic. The Attorney General of the Czech and Slovak Federal Republic is responsible for the Federal Assembly, which may propose to the President of the Czech and Slovak Federal Republic to remove him from office. "
8. Article 106 shall be deleted.
9. Article 106a (2) and the numerical indication of paragraph 1 shall be deleted.
Constitutional Act No. 10 / 1969 Coll., on the Council of State Defence, as amended, is amended as follows:
1. Paragraph 1 shall be deleted.
2. Paragraph 3 (1) (b) reads as follows:
"(b) approves the basic arrangements for the preparation of state bodies and economies in the Czech and Slovak Federal Republic in case of war,"
3. In Article 5, the following paragraph 4 is added:
"(4) Meetings of the Defence Council of the State shall be attended by the Chairpersons of the Defence and Security Committees of the House of the People and the House of Nations of the Federal Assembly. '
4. In Paragraph 7 (2), the word "Bureau 'shall be deleted.
Constitutional Act No. 155 / 1969 Coll., amending and supplementing the title of the eighth Constitution, as amended by Constitutional Act No. 326 / 1991 Coll., is amended as follows:
1. In Section 2, the words "prosecutors and state notaries' are deleted.
2.
The Federal Assembly shall regulate the organisation and operation of courts and the legal status of judges and judicial candidates by law. '.
Constitutional Act No. 296 / 1990 Coll., on changes in the system of federal central government bodies, headed by a member of the Government of the Czech and Slovak Federal Republic, is amended as follows:
1.
In the Czech and Slovak Federal Republic, the following central government bodies are active, headed by a member of the Government of the Czech and Slovak Federal Republic:
Federal Ministry of Finance,
Federal Ministry of Foreign Affairs,
Federal Ministry of Defence,
Federal Ministry of the Interior,
Federal Ministry of Economy,
Federal Ministry of Control. ';
2.
The Federal Ministry of Foreign Trade, the Federal Ministry of Labour and Social Affairs, the Federal Ministry of Transport, the Federal Ministry of Communications, the Federal Ministry of Strategic Planning, the Federal Committee on the Environment and the Federal Competition Authority are hereby cancelled. '
3.
(1) Where legislation entrusts competence
(a) to the Federal Ministry of Transport, the Federal Ministry of Communications, the Federal Ministry of Strategic Planning or the Federal Committee on the Environment, the Federal Ministry of Economic Affairs shall perform this function;
(b) to the Federal Ministry of Labour and Social Affairs, the Federal Ministry of Finance shall exercise that competence;
(c) to the Federal Ministry of Foreign Trade, exercising that competence
1. in the field of customs legislation, customs and customs tariffs, the Federal Ministry of Finance,
2. in other matters, the Federal Ministry of Foreign Affairs.
(2) Paragraph 1 shall not apply where the jurisdiction of the Czech and Slovak Federal Republic under Article I of this Constitutional Act has been transferred to the Czech Republic and the Slovak Republic. "
4.
Property rights, rights and obligations arising from employment and other relationships
(a) the Federal Ministry of Transport, the Federal Ministry of Communications, the Federal Ministry of Strategic Planning, the Fedal Committee on the Environment and the Federal Office of Competition to the Federal Ministry of Economic Affairs,
(b) from the Federal Ministry of Foreign Trade to the Federal Ministry of Foreign Affairs, with the exception of property rights, rights and obligations arising from employment and other relations in the field of customs legislation, customs and customs duties which are transferred to the Federal Ministry of Finance;
(c) from the Federal Ministry of Labour and Social Affairs to the Federal Ministry of Finance. '
5. Article V and VI are deleted.
The Bureau of the Federal Assembly is hereby authorised to declare in the Collection of Laws the full text of Constitutional Act No. 143 / 1968 Coll., on the Czechoslovak Federation, as is apparent from later constitutional laws.
This constitutional law shall take effect on the day of its publication.
Spatial v. r.
vz. Grey v. r.
*) National Council of the Slovak Republic pursuant to Article 154 (1) of the Constitution of the Slovak Republic No 460 / 1992 Coll.
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Regulation Information
| Citation | Constitutional Act No. 493 / 1992 Coll., amending and supplementing Constitutional Act No. 143 / 1968 Coll., on the Czechoslovak Federation, as amended by the later constitutional laws, and certain other constitutional laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.10.1992 |
|---|---|
| Effective from | 29.10.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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