Constitutional Law No. 71 / 2012 Coll.
Constitutional Act amending Constitutional Act No. 1 / 1993 Coll., Constitution of the Czech Republic, as amended by later constitutional laws
Valid
Effective from 01.10.2012
71
CONSTRUCTION LAW
of 8 February 2012
amending Constitutional Act No. 1 / 1993 Coll., Constitution of the Czech Republic, as amended by later constitutional laws
Parliament has decided on the following constitutional law of the Czech Republic:
Constitutional Act No. 1 / 1993 Coll., Constitution of the Czech Republic, as amended by Constitutional Act No. 347 / 1997 Coll., Constitutional Act No. 300 / 2000 Coll., Constitutional Act No. 395 / 2001 Coll., Constitutional Act No. 448 / 2001 Coll., Constitutional Act No. 515 / 2002 Coll. and Constitutional Act No. 319 / 2009 Coll., is amended as follows:
1. Article 54 (2) reads as follows:
"(2) The President of the Republic shall be elected in direct elections. ';
2.
(1) The election of the President of the Republic shall take place by secret ballot on the basis of universal, equal and direct voting rights.
(2) The President of the Republic shall be elected a candidate who has received an absolute majority of the valid votes of authorised voters. If there is no such candidate, the second round of the election will take place 14 days after the beginning of the first round of the election, to which two of the most successful candidates from the first round of the election will proceed. In the event of a tie, all candidates who have received the highest number of valid votes of eligible voters in the first round of elections shall proceed to the second round of elections, and if such candidates are not at least two, those who have received the second highest number of valid votes of eligible voters.
(3) The President of the Republic shall be elected a candidate who received the highest number of valid votes of authorised voters in the second round of the election. If there are more than one such candidate, the President of the Republic shall not be elected and a new election of the President of the Republic shall be made within ten days.
(4) If a candidate who has moved to the second round of the election ceases to be electable for the President of the Republic before the second round of the election or renounces the right to stand for the election, the candidate who received the next highest number of valid votes of eligible voters shall proceed to the second round of the election. The second round of elections takes place even if only one candidate is involved.
(5) Every citizen of the Czech Republic who has reached the age of 18 years is entitled to propose a candidate if he supports his petition signed by at least 50 000 citizens of the Czech Republic entitled to vote for the President of the Republic. At least 20 Members or at least 10 Senators shall be entitled to propose a candidate.
(6) Every citizen of the Czech Republic who has reached the age of 18 has the right to vote.
(7) The election of the President of the Republic shall take place within the last 60 days of the term of office of the President-in-Office of the Republic, but no later than 30 days before the end of the term of office of the President-in-Office of the Republic. If the office of President of the Republic is released, the election of President of the Republic shall take place within 90 days.
(8) The President of the Republic shall declare the election of the President of the Senate no later than 90 days before the election. If the office of the President of the Republic is released, the President of the Senate shall declare the election of the President of the Republic no later than 10 days after that and at the same time no later than 80 days before it takes place.
(9) If the office of President of the Senate is not filled, the President of the Chamber of Deputies shall declare the election of the President of the Republic. '
3.
Further conditions for the exercise of the right to vote in the election of the President of the Republic, as well as details of the nominations for the President of the Republic, the announcement and implementation of the election of the President of the Republic and the announcement of its outcome and judicial review shall be laid down by law. ';
4. In Articles 59 (1) and 61, the words "Chamber of Deputies' are replaced by the words" Senate '.
5. In Article 62 (g), the words "order that criminal proceedings be not initiated and, if initiated, that there is no continuation, 'shall be deleted.
6. in Article 62, point (k) is replaced by the dot and point (l) is deleted;
7. in Article 63 (1), the following point (j) is inserted after point (i):
'( j) orders that criminal proceedings be not initiated and that, if initiated, criminal proceedings should not be continued; ';
Point (j) shall be renumbered as point (k).
8. Article 65 (1) reads as follows:
"(1) The President of the Republic may not be detained, prosecuted or prosecuted for an offence or any other administrative offence during the term of office. '
9. Article 65 (2) reads as follows:
"(2) The Senate may, with the consent of the Chamber of Deputies, bring a constitutional action against the President of the Republic to the Constitutional Court for treason or for gross violation of the Constitution or other parts of the constitutional order; High treason means the conduct of the President of the Republic against the sovereignty and integrity of the Republic and against its democratic order. The Constitutional Court may decide, on the basis of a constitutional action by the Senate, that the President of the Republic shall lose his presidency and be able to regain it."
10. Article 65 (3) reads as follows:
"(3) The assent of a three-fifths majority of the senators present shall be required to accept a draft constitutional action by the Senate. The consent of the Chamber of Deputies to bring a constitutional action requires the consent of a three-fifths majority of all Members; If the Chamber of Deputies has not given its assent within three months of the date of the Senate's request, consent shall not be given. ';
11. in the first sentence of Article 66, "Article 63 (1) (a), (b), (c), (d), (e), (f), (h), (i), (j) 'is replaced by" Article 63 (1) (a) to (e) and (h) to (k)';
12. In the second sentence of Article 66, the words "Article 62 (a), (b), (c), (d), (e), (k), (l) 'shall be replaced by the words" Article 62 (a) to (e) and (k), and Article 63 (1) (f), when it comes to declaring elections to the Senate', and the words "to which it also belongs at the time when the Prime Minister exercises the defined functions of President of the Republic, shall be replaced by the words" the President of the Republic, referred to in Article 63 (1) (f), going to the election to the Chamber of Deputies'.
13. in Article 87 (1), at the end of point (k), the comma shall be replaced by a dot and points (l) and (m) shall be deleted;
Efficacy
This Constitutional Law shall take effect on 1 October 2012, with the exception of the provisions of Article I (8) to (10), which shall take effect on 8 March 2013.
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Regulation Information
| Citation | Constitutional Act No. 71 / 2012 Coll., amending Constitutional Act No. 1 / 1993 Coll., Constitution of the Czech Republic, as amended by later constitutional laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.03.2012 |
|---|---|
| Effective from | 01.10.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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