Constitutional Law No. 556 / 1990 Coll.
Constitutional Act amending Constitutional Act No. 143 / 1968 Coll., on the Czechoslovak Federation
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Effective from 01.01.1991
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556
CONSTRUCTION LAW
of 12 December 1990
amending Constitutional Act No. 143 / 1968 Coll., on the Czechoslovak Federation
The Federal Assembly of the Czech and Slovak Federal Republic decided on this constitutional law:
Constitutional Law No. 143 / 1968 Coll., on the Czechoslovak Federation, as amended by Constitutional Law No. 57 / 1969 Coll., Constitutional Law No. 125 / 1970 Coll., Constitutional Law No. 43 / 1971 Coll., Constitutional Law No. 50 / 1975 Coll., Constitutional Law No. 161 / 1989 Coll., Constitutional Law No. 182 / 1989 Coll., Constitutional Law No. 46 / 1990 Coll., Constitutional Law No. 100 / 1990 Coll., Constitutional Law No. 295 / 1990 Coll. is amended as follows:
1.
(1) The economy in the Czech and Slovak Federal Republic is an integration of the Czech and Slovak Republic economy; is based on a single internal market, in particular on one currency and on the free movement of labour, goods and money.
(2) The Czech Republic and the Slovak Republic participate in the development of economic policy of the Czech and Slovak Federal Republic.
(3) National ownership is ownership of the Czech and Slovak Federal Republic, ownership of the Czech Republic and ownership of the Slovak Republic.
(4) The ownership of the Czech and Slovak Federal Republic is of state property which serves to secure its tasks in the areas entrusted by the Federal Assembly's constitutional law. The property of the Czech Republic and the property of the Slovak Republic is the other property of the state. The Federal Assembly Act provides for ownership of pipelines, transit pipelines and superior power grids for electricity transmission.
(5) The Federal Assembly Act may determine which other assets (Article 10 of the Constitution) necessary to ensure the needs of society, the development of the economy and the public good may be owned only by the Czech and Slovak Federal Republics or designated legal entities.
(6) The laws of the Czech National Council and the Slovak National Council may determine which other assets (Article 10 of the Constitution) necessary to safeguard the needs of society, the development of the economy and public welfare may be owned only by the Czech Republic or the Slovak Republic, or by designated legal entities.
(7) The laws of the National Councils determine which of the assets of the Czech Republic and the Slovak Republic are the property of the municipalities. "
2. In Article 7 (1), the word "exclusive 'shall be deleted from the introductory sentence.
3. in Article 7 (1), point (e) shall be deleted; Point (f) shall be renumbered as point (e).
4. Article 7 (2) reads as follows:
"(2) Paragraph 1 (a) is without prejudice to the competence of the Czech Republic and the Slovak Republic in accordance with the foreign policy of the Czech and Slovak Federal Republic.
(a) conclude, with parts of the Federal and Federal States, agreements on cooperation in the field of commercial, economic, cultural, scientific, educational, health and sports, as well as on cooperation in matters of press, radio and television;
(b) by delegation from the Czech and Slovak Federal Republic to conclude international agreements in the field of their legislative competence,
(c) represent the Czech Republic or the Slovak Republic and accept foreign representation of entities in the areas referred to in point (a); the status of such representations shall be governed by the law applicable in the territory of the receiving body. ';
5. Article 8 shall be deleted.
6.
Things that are not entrusted by the Constitutional Act of the Federal Assembly under the jurisdiction of the Czech and Slovak Federal Republic fall within the competence of the Czech Republic and the Slovak Republic. "
7. Article 10 shall read:
In the field of economic strategy, the Czech and Slovak Federal Republics are:
(a) the development of strategies and concepts of economic and social development of the Czech and Slovak Federal Republic, including the development of science and participation in international economic groupings; establishing enforcement instruments in accordance with this constitutional law;
(b) the creation of structural concepts of federal importance,
(c) legal arrangements for strategic planning. ';
8.
(1) The management of the state budget resources of the Federation and the state budgets of the Republics applies the uniform principles of financial and budgetary policy agreed between the governments of the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic.
(2) The financial management of the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic is separate. The financial management of the Czech and Slovak Federal Republic is governed by the state budget of the Federation. The financial management of the Republics shall be governed by their national budgets. The federal budget of the Federation is approved by the Federal Assembly by its law and the national budgets of the Republics are approved by national councils by their laws for a period of one calendar year.
(3) The State Budget of each Republic shall cover financial relations for all sectors of the economy and administration with the exception of activities financed by the State Budget of the Federation. The state budget of each Republic includes subsidies to the municipal budget.
(4) The revenue of the federal budget of the Federation consists of the revenue of federal authorities and bodies governed by them, as well as by the Federal Assembly Act on Tax and Charges, their shares and other income. If the proceeds of a given tax or levy are to be a joint income of the State Budget of the Federation and of the State Budget of the Republics, the Federal Assembly Law shall determine the Federation's share of that Decree and the rule under which the Republics are involved in the security of that part of the proceeds which falls to the State Budget of the Federation.
(5) The State Budget of the Federation shall pay:
(a) expenditure on defence of the Czech and Slovak Federal Republic, on the activities of federal authorities, on the creation of federal material reserves and on subsidies for federal organisations;
(b) selected nominal programmes, where required by their scope and importance to the Federation;
(c) other expenditure determined by the Federal Assembly Budget Law.
(6) For the federal budget of the Federation, the rules on budgetary management are laid down in the Federal Assembly Act and the national budgets of the Republics by the laws of the National Councils.
(7) The Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic can create their own special-purpose funds linked to their national budgets; funds are established by law.
(8) The Czech and Slovak Federal Republic lay down the framework principles of subsidy and depreciation policy. '
9. Article 12 (2) reads as follows:
"(2) The Federal Assembly Act provides:
a) the system of taxes and levies in the Czech and Slovak Federal Republic,
(b) turnover tax and import tax,
(c) in the case of taxes and levies paid by undertakings and companies, and in the case of public income tax, the range of taxpayers, the subject matter and the basis of the tax and the initial tax rate, including the extent of possible derogations in the construction of those taxes and levies in both Republics;
(d) fees which, according to their nature, are exclusively or mainly related to foreign affairs or are related to the exercise of the powers of the Federation institutions. "
10. In the first sentence of Article 12 (4), the word "exclusive 'and the second sentence are deleted.
11. Article 13 (2) reads as follows:
"(2) The competence of the Czech and Slovak Federal Republics includes customs legislation, customs enforcement and the issue of customs tariffs."
12. 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 Czech citizen and the other a Slovak Republic citizen, and the same number of representatives of the Czechoslovak State Bank headquarters for the Czech Republic and the Slovak Republic. 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."
13. in Article 14, the following paragraph 3 is added:
"(3) The status and legal situation of the Czechoslovak State Bank and its institutions and its relationship with other banks are laid down in the Federal Assembly Act. The status and legal situation of other banks and savings banks shall be laid down in the Federal Assembly Act. '
14. Article 15 reads as follows:
In the field of pricing policy, the Czech and Slovak Federal Republics are:
(a) determine the concept of pricing policy and declare essential price regulation measures;
(b) statutory pricing arrangements. ';
15. Article 16 shall read:
In the field of foreign economic relations, the Czech and Slovak Federal Republics are:
(a) determining the principles and concepts of foreign economic policy of the Czech and Slovak Federal Republic;
(b) the conclusion of international agreements on trade and economic cooperation and representation of the Czech and Slovak Federal Republic in international trade relations;
(c) establishing foreign trade policy instruments in cooperation with the Czech Republic and the Slovak Republic;
(d) legal arrangements in the field of foreign economic relations. "
16. Article 17 reads as follows:
In the field of economics, the Czech and Slovak Federal Republics are:
(a) the development of common principles of economic policy, including those of raw materials, fuel and agricultural policy, where they are of federal importance;
(b) establishing the principles of economic security for the defence of the Czech and Slovak Federal Republic;
(c) legal arrangements for the production, distribution and consumption of electricity, gas and heat. ';
17. Article 18 shall be deleted.
18.
In the field of transport, the Czech and Slovak Federal Republics are:
(a) legislation on transport, transport equipment and transport routes;
(b) laying down uniform rules on transport and transport operations and laying down national standards for the technical competence of means of transport, transport equipment and transport routes;
(c) establishing principles of transport policy in cooperation with the Czech Republic and the Slovak Republic;
(d) the exercise of State administration and supervision in maritime navigation and air transport;
(e) the management of organisations and the exercise of state administration in rail transport. ';
19.
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 identification of uniform rules on postal, telecommunications and radio communications traffic and tariff formation;
(c) the issue of stamps and other postal prices;
(d) the organisation of a single postal system;
(e) the organisation and management of a single telecommunications system. ';
20.
In the field of the environment, the Czech and Slovak Federal Republics are:
(a) legal arrangements in essential environmental matters;
(b) the legal regulation and enforcement of state control in nuclear safety matters;
c) the creation of a concept of environmental policy of the Czech and Slovak Federal Republic,
d) development of a national environmental information system following international information systems in the area, in cooperation with the Czech Republic and the Slovak Republic;
e) implementation of international cooperation within the competence of the Czech and Slovak Federal Republic and coordination of international cooperation within the competence of the Czech Republic and the Slovak Republic. "
21. Article 21a is deleted.
22. Article 22 reads:
In the fields of labour, wages and social policy, the Czech and Slovak Federal Republics are:
(a) the legal arrangements governing labour relations, employment and collective bargaining and the legal arrangements ensuring obligations under international agreements in this field;
(b) regulations governing the regulation of wage developments and the level of minimum wage, minimum wage rates and additional entitlements;
(c) wage arrangements in federal bodies and organisations,
(d) legal arrangements for pension and sickness insurance, with the exception of its organisation and decision-making procedure;
(e) the legal arrangements for state social security benefits and the minimum of living and the laying down of social welfare principles. "
23.
(1) In the field of state statistics, the Czech and Slovak Federal Republics are:
(a) the legal arrangements for obtaining comparable statistical information necessary for assessing the development of the Federation and for fulfilling obligations arising from international obligations, as well as the legal arrangements for protecting such information from misuse;
(b) in cooperation 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. carry out statistical surveys according to the specific needs of federal authorities;
(c) establish the statistical indicators needed to fulfil international obligations and provide statistical information for the Czech and Slovak Federal Republic to international organisations.
(2) In the field of accounting within the competence of the Czech and Slovak Federal Republic, it is necessary to provide for a legal adjustment of the conditions and formalities for carrying out the accounts and for proving them. "
24. in Article 24 (d), the words "competition" shall be deleted, the words "industrial rights" shall be replaced by the words "industrial property" and the words "measure services" shall be replaced by "metrology."
25. Article 24 (e) reads as follows:
"(e) the legal arrangements for the protection of competition; the division of performance between the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic shall be established by the Federal Assembly Act, '.
26. In Article 25, the words "common competence in cooperation with the institutions' shall be replaced by the words" referred to in Article 10 to 28a with the participation of the institutions'.
27. Article 26 shall be deleted.
28.
(1) In the field of internal order and security, the Czech and Slovak Federal Republics are:
(a) legislation on names and surnames, matrices, identity cards, travel documents, population records, residence permits for foreigners and refugee status;
(b) to regulate the establishment, status, authorisations and other circumstances of the armed security corps of the Czech and Slovak Federal Republic, as well as the establishment, status, authorisations and other circumstances of the security services; 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.
(2) The definition of the further competence of the Czech and Slovak Federal Republic in matters of internal order and security is laid down in the Federal Assembly Act. "
29. Article 28a (2) reads as follows:
"(2) The organisation of control bodies of the Czech and Slovak Federal Republic and their authorisation shall be governed by the Federal Assembly Act."
30. in Article 28a, paragraph 3 shall be deleted;
31. the following Article 28b is inserted after Article 28a:
(1) In cases entrusted with the Constitutional Act of the Federal Assembly, the authorities of the Czech and Slovak Federal Republic are active in the Czech and Slovak Federal Republic. The executive and judicial authorities of the Czech Republic and the Slovak Republic are also active in these matters when the Federal Assembly provides for it.
(2) If the Constitutional Law of the Federal Assembly does not entrust enforcement in the matters referred to in Articles 10 to 28a to the authorities of the Czech and Slovak Federal Republic, this exercise belongs to the authorities of the Czech Republic and the Slovak Republic. "
32. Article 36 (1) (d) reads as follows:
"(d) approve the State Budget of the Federation, verify its implementation and approve the State Final Account of the Federation,";
33. in Article 36 (1), the following point (i) is added:
"(i) establish by law state honours of the Czech and Slovak Federal Republic."
34. In Article 36 (2), the following sentence is added at the end: "Only with the approval of the Federal Assembly can the armed forces of the Czech and Slovak Federal Republic be deployed outside the territory of the Czech and Slovak Federal Republic."
35. Article 37 (1) reads as follows:
"(1) The Federal Assembly has legislative powers in matters of fundamental rights and freedoms to the extent provided for by constitutional laws and in matters entrusted to the Czech and Slovak Federal Republic to the extent provided for in Articles 7 (1), 10 to 28a and 36 (3) of this Constitutional Law."
36. In the first sentence of Article 37 (2), after the word "family ', the words" and foster care', the words "civil law 'and" criminal law' shall be deleted; at the end of the first sentence, the following words shall be added: "the Exchange Act, the Securities System Act, the Commercial Code, the Exchange and Checkbook Act, the laws governing proceedings before courts, the Law on experts and interpreters, the laws on redress and compensation for damage caused by the authorities of the State, and the Law on zoning and construction. ';
The second sentence is released.
37. 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 nationalities and ethnic minorities, churches and religious societies, care for the health of the people, veterinary and phytosanitary care, primary and secondary school systems, copyright and registration of property ownership. '
38. In Article 37 (3), paragraph 4 is added:
"(4) The Federal Assembly regulates public holidays and memorable and important days of the Czech and Slovak Federal Republic and sets working days."
39. in Article 38 (1) and (2), "Article 37 (1) (b) and Article 37 (2)" is replaced by "Article 37 (1) and (2)";
40. Article 38 (3) shall be deleted.
41. Article 39 shall be deleted.
42. In Article 42 (2), points (b) and (g) shall be deleted and the other letters shall be renumbered.
43. In Article 42 (2), point (c), "(2)" shall be replaced by "(c)."
44. in Article 42 (2), point (d) shall read as follows:
"(d) draft laws laying down the means of securing the revenue of the Federation State Budget and the rules of budgetary management for the Federation State Budget;"
45. in Article 42 (2), point (h) shall read:
"(h) draft laws referred to in Article 12 (2),"
46. in Article 42 (2), in point (i), the words "paragraph 2" shall be replaced by the words "paragraph 3."
47. In Article 42 (2), the words "Article 21 (2) a" shall be deleted from point (l).
48. In Article 42 (2), the words "as well as Article 28a" shall be deleted from point (n) and the comma before the words "Article 28" shall be replaced by "a."
49. In the first sentence of Article 45 (3), after the word "declared ', the semicolon shall be added and the words" in the manner provided for by the Federal Assembly Act' shall be replaced by the following: "the way in which the Federal Assembly laws, regulations and other measures of the state bodies of the Czech and Slovak Federal Republic are declared. '
50.
The Federal Assembly Act regulates the principles of the action of the Federal Assembly, the contacts between the two chambers, as well as contacts with the Government of the Czech and Slovak Federal Republic and externally, the creation and demise of the mandate of a member of the Federal Assembly, the formalities of Members of the Federal Assembly and the legal status and competence of the Office of the Federal Assembly. "
51. In Article 61, the following paragraph 3 is added:
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Regulation Information
| Citation | Constitutional Act No. 556 / 1990 Coll., amending Constitutional Act No. 143 / 1968 Coll., on the Czechoslovak Federation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1990 |
|---|---|
| Effective from | 01.01.1991 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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