1/1993.
The CONSTITUTION of the
THE UNITED STATES
of 16 December 2002. December 1992
Change: 347/1997 Coll.
Change: 300/2000 Sb.
Change: 448/2001 Sb.
Change: 395/2001 Coll.
Change: 515/2002 Coll.
Change: 319/2009 Sb.
Change: 71/2012 Sb.
Change: 71/2012 Coll. (part)
Change: 98/Sb.
The Czech National Council decided on this constitutional law:
The PREAMBLE to the
We, the citizens of the Czech Republic in Bohemia, Moravia and Silesia,
at the time of the renewal of the independent Czech State
true to all the good traditions of ancient statehood of the Bohemian Crown and
statehood Czechoslovak,
determined to build, protect and develop the Czech Republic in a spirit of
the inalienable values of human dignity and freedom as the homeland
equal, free citizens who are aware of their responsibilities
towards others and responsibility in relation to the whole, as a free and democratic
State based on respect for human rights and on the principles of civil
the company,
as part of the family of European democracies, and
are committed to jointly guard and develop natural and cultural,
material and spiritual wealth,
determined to abide by all the principles of the rule of law, good
through their freely elected representatives of we accept this Constitution
The United States
HEAD FIRST
Basic provisions
Article 1
(1) the Czech Republic is a sovereign, unified and democratic legal State
based on respect for the rights and freedoms of man and citizen.
(2) the Czech Republic complies with the obligations under the
of international law.
Article 2
(1) the people are the source of all State power; It carries out through the
authorities able to legislative, Executive and judicial.
(2) constitutional laws may establish, when people exercised State power directly.
(3) the power of the State is used for all citizens and can be exercised only in cases
within the limits and the methods which are determined by law.
(4) every citizen may do whatever is not prohibited by law, and no one shall be
forced to do what the law does not oblige.
Article 3
Part of the constitutional order of the Czech Republic is the Charter of fundamental rights and
freedoms.
Article 4
The fundamental rights and freedoms are protected by the judiciary.
Article 5
The political system is based on a free and voluntary formation of and free
competition of political parties which respect the fundamental democratic principles of
and marveling at the violence as a means of promoting their interests.
Article 6
Political decisions are based on the will of the majority, expressed the free
by taking a vote. Decision of the majority shall ensure the protection of minorities.
Article 7
The State shall ensure the careful use of natural resources and the conservation of natural
wealth.
Article 8
Guarantees the autonomy of territorial self-governing units.
Article 9
(1) the Constitution may be supplemented or amended only by constitutional acts.
(2) change the essential formalities democratic State is
inadmissible.
(3) the interpretation of law cannot authorize removal or threat
the foundations of a democratic State.
Article 10
Renowned international treaties, to whose ratification Parliament has given
consent and which is bound by the Czech Republic, are part of the legal order;
If an international agreement provides for something other than the law, the
the international treaty.
Article 10a
(1) the international agreement can be some of the powers of the organs of the United
States transferred to the international organization or institution.
(2) on the ratification of the conventions referred to in paragraph 1 shall be
Parliament's consent, unless the constitutional law that ratification is
require the consent of the national referendum.
Article 10b
(1) the Government shall inform Parliament regularly and in advance on the issues
related to the obligations arising from membership of the Czech Republic in
international organization or body referred to in article 14(2). 10A.
(2) the Chamber of Parliament shall be expressed to the decisions such
international organisations or institutions in a manner that provides for their
the rules of procedure.
(3) the law on the principles of the negotiations and contact between them, both chambers as well as the
on the outside, may entrust the performance of the chambers referred to in paragraph 2 of the joint
authority of the Chambers.
Article 11
The territory of the Czech Republic indivisible, whose state borders can
be changed only the Constitutional Act.
Article 12
(1) the acquisition and loss of citizenship of the Czech Republic provides for the
the law.
(2) no one can be against his will, deprived of his citizenship.
Article 13
The capital of the Czech Republic is Prague.
Article 14
(1) the National symbols of the United States are the large and small national coat of arms,
State colors, national flag, the flag of the President of the Republic, the State seal
and the national anthem.
(2) State symbols and their use modifies the law.
THE HEAD OF THE SECOND
The power of the legislative
Article 15
(1) the legislative power in the Czech Republic belongs to the Parliament.
(2) Parliament consists of two chambers, the Chamber of Deputies and
By the Senate.
Article 16
(1) the Chamber of Deputies has 200 deputies, who are elected for a period of four
years of age.
(2) the Senate has 81 senators, who are elected for a period of six years. Each
two years to elect a third of the senators.
Article 17
(1) elections to both Chambers shall be held within the period beginning on the 30th day
before the end of the election period and ending on the date of its expiry.
(2) if the Chamber of Deputies disbanded, there are options within sixty
days after its dissolution.
Article 18
(1) elections shall be held by secret ballot on the basis of
universal, equal and direct suffrage, proportional
representation.
(2) elections to the Senate are held by secret ballot on the basis of a general,
equal and direct suffrage, by a majority of the policy system.
(3) the right to vote for every citizen of the Czech Republic who has reached the age of 18
years of age.
Article 19
(1) the Chamber of Deputies may be elected to every citizen of the Czech Republic,
who has the right to vote and has reached the age of 21 years.
(2) the Senate may be elected any citizen of the United States, which has
the right to vote and has reached the age of 40 years.
(3) the mandate of the Deputy or Senator is produced by selecting.
Article 20
Other conditions for the exercise of the electoral law, the Organization of elections and the extent of
judicial review provided by law.
Article 21
No one can be a member of both houses of Parliament.
Article 22
(1) with the functions of a Deputy or Senator is inconsistent performance Office
President of the Republic, the Office of judge, and other features that provide for
the law.
(2) the date when the Deputy or Senator took the Office of President of the Republic,
or the date when the judge took office or other functions incompatible with the
functions of a Deputy or Senator mandate expires or
Senator.
Article 23
(1) member of the lodge the promise on the first meeting of the Chamber of Deputies, which is
attend.
(2) the Senator lodge the promise at the first meeting of the Senate, that will be attending.
(3) the oath and the Senator added: "I pledge allegiance to the Czech Republic.
I promise to uphold its Constitution and laws. I promise on my honour
that I will perform its mandate in the interests of all the people, and by their
knowledge and belief. ".
Article 24
Deputy or Senator mandate may give up representations
in person at a meeting of the Chamber, which is a member of. To prevent him from doing serious
circumstances, it shall do so in the manner prescribed by law.
Article 25
The mandate of the Deputy or Senator shall cease
and a denial of the promise or) the oath of Office, subject to
(b)) the expiry of the term,
c) relinquishing the mandate,
(d) loss of eligibility),
(e)) for members of the dissolution of the Chamber of Deputies,
f) emergence of incompatibility pursuant to article. 22.
Article 26
Deputies and Senators shall carry out his mandate in person in accordance with its
the promise and are not yet bound by any mandatory instructions.
Article 27
(1) a Deputy or Senator cannot affect the voting in the Chamber for
the House or the Senate or their bodies.
(2) For speeches made in the House of Commons or the Senate or in their
the bodies of a Deputy or Senator cannot be prosecuted. Member or
the Senator is subject to only the disciplinary jurisdiction of the Chamber, which is a member of.
(3) for the offenses of the Deputy or Senator shall be subject to disciplinary action only
the powers of the Chamber, which is a member, unless the law provides otherwise.
(4) a Deputy or Senator cannot be prosecuted without the consent of the Chamber,
of which it is a member. If the Chamber denies consent, criminal prosecution for
duration of the mandate shall be excluded.
(5) a Deputy or Senator may be detained only if he is apprehended while committing
the criminal offence or immediately thereafter. The competent authority is obliged to
immediately report the detention to the President of the Chamber, which is a member of the detainee;
If the President of the Chamber within 24 hours of the detention of consent to the surrender
the detainee, the Court, the competent authority shall be obliged to release him. On his first
following a meeting of the Chamber shall decide on the admissibility of prosecution with the final
expired.
Article 28
Mp and Senator has a right to refuse testimony on facts that are
in connection with the performance of his mandate, and even then, when
ceased to be a member or Senator.
Article 29
(1) the Chamber of Deputies elects and dismisses the Chairman and Vice Chairman
The Chamber of Deputies.
(2) the Senate elects and dismisses the Chairman and the Vice-Chairman of the Senate.
Article 30
(1) for the examination of the matter of public interest to the Chamber of Deputies may establish
the Inquiry Commission shall propose, if at least one fifth of the members.
(2) the procedure before the Commission modifies the law.
Article 31
(1) the Chamber shall set up, as their bodies and committees of the Commission.
(2) the activities of the committees and commissions shall adjust the law.
Article 32
Member of Parliament or Senator who is a member of the Government, cannot be Chairman or
Vice-President of the Chamber of deputies or the Senate or a member of the parliamentary
committees, the Commission of inquiry or the Commission.
Article 33
(1) if the dissolution of the Chamber of Deputies, it is for the Senate to adopt
legal measures in matters that will be dealt with delay and would have required
otherwise, the adoption of the law.
(2) However, it is not for the Senate to adopt legal measures in matters of the Constitution,
the State budget, the State of the final account, the electoral law and
international agreements referred to in article. 10.
(3) legal measures can the Senate propose only the Government.
(4) legislative measure to the Senate signed by the Chairman of the Chamber, the President of the
the Republic and the Prime Minister; is announced as well as laws.
(5) legal measures must be approved by the Chamber of deputies at
its first meeting. If it does not approve the Chamber of Deputies, shall cease to be the next
the validity of.
Article 34
(1) meetings of the Chambers are permanent. The meetings of the Chamber of Deputies shall convene
President of the Republic so that was initiated not later than the 30th day after the
the date of the election; If it fails, will meet with the Chamber of Deputies on the thirtieth day after
the date of the election.
(2) the meetings of the Chamber may be interrupted by order. Total time
you might be adjourned meeting shall not exceed one hundred and twenty days of the
year.
(3) at the time of the interruption of the meeting the Chairman of the Chamber of deputies or
Senate to convene the meeting Chamber before the deadline. It will do so
always, if so requested by the President of the Republic, the Government, or at least one-fifth of
the members of the Chamber.
(4) the meetings of the Chamber of Deputies expire its electoral
period or its dissolution.
Article 35
(1) the Chamber of Deputies, the President of the Republic may dissolve if
and she has the confidence of the Chamber of Deputies), the newly appointed Government, whose
the Chairman was appointed President of the Republic on the proposal of the President of
The Chamber of Deputies,
(b)), the Chamber of Deputies, has not acted within three months of the Government's proposal
the law, which the Government is the question of trust has joined the discussion,
(c) the meetings of the Chamber of Deputies) has been interrupted for longer than is
permissible,
(d)) the Chamber of Deputies for a period of not more than three months,
a quorum, although it was not interrupted, and although meetings were then
the time of the meeting convened by repeatedly.
(2) the President of the Republic to dissolve the Chamber of Deputies, where it will propose
By order of the Chamber of Deputies, with whom he agreed three-fifths that
the majority of all deputies.
(3) the Chamber of deputies cannot be dissolved three months before the end of
its parliamentary term.
Article 36
Meetings of the Chambers shall be public. The public may be excluded only under conditions
laid down by law.
Article 37
(1) joint session of Chambers shall be convened by the President of the Chamber of Deputies.
(2) for the conduct of the joint meeting Chambers of the rules of procedure applies
the Chamber of Deputies.
Article 38
(1) The Government has the right to attend the meetings of both houses, their committees and
by the Commission. His word shall grant, whenever he asks.
(2) The Government is obliged to personally attend the meetings of the
the Chamber of Deputies, on the basis of its resolution. This is true even of the meeting of the Committee, the Commission
or Commission of inquiry, however, where the Government can give to represent
his Deputy or another Member of the Government, except where specifically required
his personal involvement.
Article 39
(1) the Chamber of Commerce are quorate with the presence of at least one
third of its members.
(2) the adoption of the resolution of the Chamber must be approved by an absolute majority of the
MPS or senators, except where the Constitution provides otherwise.
(3) to the adoption of a resolution on the proclamation of a State of war, and to the adoption of a resolution
to consent to the armed forces of the United States outside the territory of the United
States or with the stay of the armed forces of other States on the territory of the United
States, as well as to the adoption of a resolution on the participation of the Czech Republic in
defense systems, international organization of which the Czech Republic
Member, requires the consent of half majority of all members and
by an absolute majority of all senators.
(4) to the adoption of a Constitutional Act and consent to the ratification of international
the contracts referred to in article 3(1). Article 10A(1). 1 requires the consent of three-fifth majority of the
a three-fifth majority of all deputies and senators present.
Article 40
To the adoption of the electoral law and the law on the principles of conduct and contact both
Chambers, as well as between them and the law on the rules of procedure of the Chamber is
must be approved by the Chamber of Deputies and the Senate.
Article 41
(1) the draft law serves the Chamber of Deputies.
(2) a Bill may bring a member of the, a group of Deputies, the Senate, the Government
or the Council of a higher regional self-governing unit.
Article 42
(1) a draft Act on the State budget and national accounts
served by the Government.
(2) these proposals dealt with at a public meeting and a majority of them just
The Chamber of Deputies.
Article 43
(1) Parliament shall decide on the proclamation of State of war, if the United
Republic attacked, or if necessary to fulfill international contractual obligations
on the common defence against attack.
(2) Parliament shall decide on the participation of the Czech Republic in defence systems
International Organization of which the Czech Republic is a member.
(3) the Parliament gives its consent
and armed forces) with the United States outside the territory of the United
Republic,
(b)) with the stay of the armed forces of other States on the territory of the Czech Republic,
If such decisions are not reserved to the Government.
(4) the Government shall decide on the sending of the armed forces of the Czech Republic outside of the
the territory of the Czech Republic and on the residence of armed forces on the territory of the
The United States, for a maximum period of 60 days, in the case of
and) fulfilment of commitments to international treaties on joint defence against
assault,
(b)) participation in peacekeeping operations in accordance with the decision of an international organization,
which is a member of the Czech Republic, with the consent of the receiving State,
c) participation in rescue operations during natural disasters, industrial
or environmental accidents.
(5) the Government also decides
and transit) of the armed forces of other States through the territory of the Czech Republic
or fly over the territory of the Czech Republic,
(b)) on the participation of the armed forces of the United States in military exercises
outside the territory of the Czech Republic on the participation of the armed forces of other States on the
military exercises on the territory of the Czech Republic.
(6) the decisions referred to in paragraphs 4 and 5 shall inform without delay both Government
Chamber of the Parliament. Parliament may, the Government's decision to cancel; to cancel the
the Government's decision, it is sufficient a dissenting one of the Chambers of the resolution adopted by the
by an absolute majority of all the members of the Chamber.
Article 44
(1) the Government has the right to be consulted on any draft laws.
(2) unless the Government within thirty days from the time when the proposal was
the law has been served, they expressed in the affirmative.
(3) the Government is entitled to request that the Chamber of Deputies ended
discussing the Government's draft law, within three months of its submission,
If the Government joins the request for a vote of confidence.
Article 45
The Bill, which the Chamber of Deputies agreed, it shall,
The Chamber of deputies of the Senate without undue delay.
Article 46
(1) the Board shall discuss the Bill and act to him within thirty days from
his referral.
(2) the Senate resolution the Bill approves or rejects or returns the
The Chamber of Deputies with amendments or expressed adopts
it.
(3) if the Senate does not respond within the time limit referred to in paragraph 1 shall apply, that is
the Bill received.
Article 47
(1) if the Senate rejects the Bill, votes on the House
the House of Commons again. The draft law is adopted if it is approved by the
by an absolute majority of its component members.
(2) if the Senate Bill with the House of representatives returns
amendments, votes on the Chamber of Deputies, as amended by
approved by the Senate. The resolution of the Bill is accepted.
(3) if the Chamber of Deputies approves the Bill, as amended by
approved by the Senate, the vote on the Bill again in the text which
He was sent to the Senate. The draft law is adopted if it is approved by the
by an absolute majority of its component members.
(4) when discussing the amendments are not refused or
the returned the Bill in the Chamber of Deputies.
Article 48
If the Senate adopts the proposal expressed the Act, is this
resolution of the Bill.
Article 49
To ratification of international treaties
and) governing the rights and obligations of persons,
(b)), peacekeeping and other allied political,
(c)) from which arises the Czech Republic's membership in an international organization,
(d)) economic, which are of a general nature,
e) about other matters to which the adjustment is a reserved Act,
requires the consent of both houses of Parliament.
Article 50
(1) the President of the Republic has the right to return, adopted the law with the exception of the law
constitutional grounds within fifteen days from the day on which it was referred.
(2) on the returned the law to the Chamber of Deputies voted on again. Amendment
the proposals are not acceptable. If the Chamber of Deputies remains over the
the returned the law by an absolute majority of its component members, the law shall be published.
Otherwise, the law was not adopted.
Article 51
Legislation signed by the President of the Chamber of Deputies, the President of the
the Republic and the Prime Minister.
Article 52
(1) the validity of a law is to be promulgated.
(2) the method of publication of the Act and international treaty law.
Article 53
(1) every Member shall have the right to call on the Government or its members in the
matters of their competence.
(2) Interpelovaní members of the Government response to the interpellation within 30 days
from the date of its submission.
THE HEAD OF THE THIRD
Executive power
President of the Republic
Article 54
(1) the President of the Republic is the head of State.
(2) the President of the Republic is elected in direct elections.
(3) the President of the Republic is not responsible from the performance of his duties.
Article 55
The Office of the President of the Republic takes the oath of Office. The election period
President of the Republic shall be five years and begins on the date the composition of the promise.
Article 56
(1) election of the President of the Republic shall be held by secret ballot on the basis of
universal, equal and direct electoral rights.
(2) the President of the Republic is elected the candidate who received the
by an absolute majority of valid votes of eligible voters. If no such
the candidate, held two weeks after the start of the first round of the election of the second
round of elections in which flow through the two most successful candidates from the first
round of the election. In a tie advance to the second round of the election, all
candidates in the first ballot obtained the highest number of valid
the votes of eligible voters, and there are at least two such candidates,
even candidates who have received the second highest number of valid
the votes of eligible voters.
(3) the President of the Republic is elected the candidate who has received the second
ballot the largest number of valid votes of eligible voters. If
such candidates more, President of the Republic is not elected, and within ten
days shall be published in the new election of the President of the Republic.
(4) If the candidate who advanced to the second round of the election, cease to be
optional for the President of the Republic before the second round of the election, or
the rights of a candidate gives up, the progressing to the second round of election the candidate who
in the first ballot he received the next highest number of valid votes
eligible voters. Second round of elections will be held even if, when taking part in it
only one candidate.
(5) the nomination of a candidate is entitled to every citizen of the Czech Republic, which
reached the age of 18 years, will support if his petition signed at least 50
000 citizens of the Czech Republic eligible to elect the President of the Republic.
Nomination of a candidate is entitled to at least twenty members or at least
ten senators.
(6) the right to vote for every citizen of the Czech Republic who has reached the age of 18
years of age.
(7) the election of the President of the Republic takes place in the last 60 days
the electoral period, the incumbent President, but no later than
thirty days before the expiration of the term of the President-in-Office
of the Republic. If the Office of President of the Republic, held
President of the Republic within 90 days.
(8) the election of the President of the Republic announces the President of the Senate, no later than
ninety days before the event. Releases-the Office of the President
of the Republic, President of the Chamber shall declare the election of the President of the Republic
no later than ten days thereafter, and at the same time not later than eighty days before the
It takes place.
(9) if the function of the President of the Senate, announces the election of the President
the Republic the President of the Chamber of Deputies.
Article 57
(1) the President of the Republic may be elected to the citizen, which is optional in the
The Senate.
(2) no one can be elected more than twice in a row.
Article 58
Other conditions for the exercise of the electoral rights in the election of the President of the Republic,
as well as the details of the design of the candidates for the President of the
Republic, the promulgation and implementation of the elections of the President of the Republic and
the announcement of its outcome and the judicial review provided for by law.
Article 59
(1) the President of the Republic shall lodge a promise in the hands of the President of the Senate on the joint
a meeting of both chambers.
(2) the promise of the President of the Republic reads: "I pledge allegiance to the Czech Republic.
I promise to uphold its Constitution and laws. I promise on my honour
I'll hold your authority in the interest of all the people and to the best of my
consciousness and conscience. "
Article 60 of the
If the President of the Republic refuses to take an oath or if the promise with
subject to staring back at him, as if he was not elected.
Article 61
President of the Republic may give up his Office into the hands of the President of the Senate.
Article 62
President of the Republic
a) appoints and dismisses the Chairman and other members of the Government and accepts their
resignation, and its Government dismisses resignation,
b) convene meetings of the Chamber of Deputies,
c) dissolves the Chamber of Deputies,
(d)), whose Government authorizes the resignations or dismissed, by the performance of
its functions on a provisional basis until the appointment of the new Government,
e) appoints Constitutional Court judge, its President and Vice-Presidents,
(f) appoint judges) the President and Vice-Presidents of the Supreme Court,
g) forgives and relieves the penalties imposed by the Court and expunge the conviction,
(h)) has the right to return the Parliament adopted the law with the exception of the law
constitutional,
I) signs the laws,
j) appoint the President and Vice-President of the Supreme Audit Office,
to appoint the members of the Banking Council) the Czech National Bank.
Article 63
(1) the President of the Republic on
and represents the State,)
b) negotiates and ratifies international treaties; negotiating international
contracts can pass on to the Government, or with its consent on its individual
Members,
(c)) is the Supreme Commander of the armed forces,
d) receives heads of diplomatic missions,
e) instructs and dismisses the heads of diplomatic missions,
f) announces elections to the Chamber of Deputies and the Senate,
g) appointed and promoted by the generals,
h) gives and grants the State authorises another to do so
authority,
I) appoint judges,
j) directs that criminal proceedings not be initiated, and if it was initiated,
to continue,
to) has the right to grant amnesty.
(2) the President of the Republic to exercise the responsibility and powers that are not
specifically in the Constitutional Act, if so provided by law.
(3) the decision of the President of the Republic issued in accordance with paragraphs 1 and 2
requires for its validity the countersignature of the Prime Minister or his
the designated member of the Government.
(4) the decision of the President of the Republic, which requires the countersignature
the Prime Minister or by an authorised Member of the Government, the Government.
Article 64
(1) the President of the Republic has the right to participate in meetings of both Chambers
Parliament, their committees and commissions. He shall grant the floor whenever it
so requests.
(2) the President of the Republic has the right to participate in meetings of the Government, to request
from the Government and its members messages and discuss with the Government or with its
Members belonging to their scope.
Article 65
(1) the President of the Republic cannot be for the performance of its functions,
prosecute or prosecuted for the offence or an administrative offence.
(2) the Board may, with the approval of the Chamber of deputies to lodge a constitutional lawsuit
against the President of the Republic to the Constitutional Court for treason or
for gross violation of the Constitution or any other part of the constitutional order;
treason means the negotiations of the President's action against
the sovereignty and integrity of States, as well as against its
democratic order. The Constitutional Court may, on the basis of the constitutional action of the Senate
decide that the President is losing the Presidency and the
ability to recover it.
(3) the adoption of the draft constitutional action must be approved by the Senate
a three-fifth majority of the senators. To the acceptance of the
the Chamber of Deputies with the filing of the constitutional lawsuit requires the consent of three-fifth majority of the
all members; they do not consent to the Chamber of Deputies within three months
from the day when the Senate asked for it is true that consent was not given.
Article 66
If the Office of President of the Republic, and the new President of the Republic still
He is not elected or a promise, nor can the President of the Republic
Office for serious reasons to exercise, and if agreed on
The Chamber of Deputies and the Senate, it is incumbent upon performance of the functions referred to in article. 63 para. 1
(a). a) to (e)), and (h)) to) and article. 63 para. 2 the Prime Minister. The President of the
The Chamber of Deputies is the responsibility at a time when the Prime Minister exercises the
defined functions of the President, the performance of the functions of the President
According to the article. 62 (a). a) to (e)) and to) and article. 63 para. 1 (b). (f)), if it is
the announcement of the elections to the Senate; If the Office of President of the Republic in the
When the Chamber of Deputies is dissolved, it is incumbent upon the exercise of these
functions of the President of the Chamber, to which also belongs at a time when the President of the
the Government performs the defined function of the President, perform the duties of
President of the Republic according to article. 63 para. 1 (b). (f)), in the case of publication
elections to the Chamber of Deputies.
The Government of the
Article 67
(1) the Government is the supreme body of executive power.
(2) the Government consists of the Prime Minister, Vice-Presidents and Ministers of the Government.
Article 68
(1) the Chamber of Deputies, the Government is responsible.
(2) the Prime Minister appointed by the President and his proposal to appoint
other members of the Government's management of the ministries and instructs, or other
authorities.
(3) the Government shall present, within 30 days after his appointment before the Chamber
the House and ask it for the vote of confidence.
(4) If a newly appointed Government does not gain confidence in the Chamber of Deputies,
proceed in accordance with paragraphs 2 and 3. If even such appointed by the Government
will not gain the confidence of the Chamber of Deputies, appointed by the President of the Republic
the Prime Minister upon a proposal of the President of the Chamber of Deputies.
(5) in other cases, the President of the Republic appoints and removes the
the proposal of the Prime Minister, other members of the Government and instructs the management
ministries or other authorities.
Article 69
(1) The Government made a promise to the President of the Republic.
(2) the Member of the Government's promise reads: "I pledge allegiance to the Czech Republic. I promise that
uphold its Constitution and laws, and putting them in life. I promise to
my honour that I will hold his Office scrupulously and nezneužiji their
position. ".
Article 70
Member of the Government may engage in the activity, the nature of which is contrary to the performance
its features. Details provided by law.
Article 71
The Government may submit to the Chamber of Deputies a request for a vote of confidence.
Article 72
(1) the Chamber of Deputies may say Government distrust.
(2) the motion of censure on the Government, the Chamber of deputies will discuss only
It is made in writing at least fifty members. To the adoption of the proposal is to
require the consent of an absolute majority of its component members.
Article 73
(1) the Prime Minister served the demise in the hands of the President. Other
members of the Government serves the demise of the President of the Republic
through the Prime Minister.
(2) the Government shall resign, if the Chamber of Deputies rejected the request,
a vote of confidence or if she expressed disbelief. The Government shall
resign after the inaugural meeting of the newly elected Chamber of Deputies.
(3) where a Government resignation pursuant to paragraph 2, the President of the Republic
It accepts.
Article 74
President of the Republic shall withdraw the Member of the Government, if it shall propose to the President of the
the Government.
Article 75
President of the Republic, which the Government did not withdraw the resignation, although it
was required to submit.
Article 76
(1) the Government shall decide in the choir.
(2) the adoption of the resolution of the Government must be approved by an absolute majority of the
all of its members.
Article 77
(1) the Prime Minister shall organise the activities of the Government, manages her meeting,
acting on its behalf, and performs other operations that are entrusted to him by
The Constitution and other laws.
(2) the Prime Minister shall represent the Deputy Prime Minister or other authorized
Member of the Government.
Article 78
To the implementation of the law and within the limits of the Government is authorised to issue the regulation.
Regulation shall be signed by the Prime Minister and the Member of the Government.
Article 79
(1) the ministries and other administrative authorities can be established and their scope
should be specified only by law.
(2) the legal relations of public servants in ministries and other
administrative offices regulated by the Act.
(3) the ministries, other administrative authorities and institutions of local and regional authorities can
on the basis and within the limits of the law to issue legislation if they are to
mandated by law.
Article 80
(1) the public prosecutor's Office represents public prosecution in criminal proceedings;
carries out other tasks, if so provided by law.
(2) the status and powers of the prosecution service are determined by law.
CHAPTER FOUR
Judicial power
Article 81
Judicial power is exercised by independent courts on behalf of the Republic.
Article 82
(1) the judges shall be independent in the performance of their functions. Their impartiality
No person shall threaten.
(2) the judge cannot appeal against his will, or translate to another court;
the exceptions resulting in particular from disciplinary liability provided for by law.
(3) the Office of judge is incompatible with the function of President of the Republic, Member of the
Parliament, or with any of the functions in the public administration; the Act provides for the
which other activities is the performance of the judicial function is incompatible.
The Constitutional Court
Article 83
The Constitutional Court is the judicial body of the protection of constitutionality.
Article 84
(1) the Constitutional Court is composed of 15 judges, who are appointed for a period of time
ten years of age.
(2) the judge of the Constitutional Court are appointed by the President of the Republic with the consent of
The Senate.
(3) a judge of the Constitutional Court may be appointed as the upstanding citizen that is
optional to the Senate, has a university education and was at least
ten years active in the legal profession.
Article 85
(1) the oath of Office to the President of the Republic, the judge of the constitutional
Court takes up his duties.
(2) the judge of the Constitutional Court's promise: "I promise on my honour and conscience,
that I will protect the inviolability of the natural rights of man and of the citizen's rights
follow the constitutional laws and make decisions according to the best of my
the belief independently and impartially. ".
(3) if the judge refuses to take an oath or pledge if, subject to the visor
at him, as if he was not named.
Article 86
(1) a judge of the Constitutional Court cannot be prosecuted without the consent of the Senate.
If the Senate refuses to consent, criminal prosecution for the duration of the function
the judge of the Constitutional Court shall be excluded.
(2) a judge of the Constitutional Court may be detained only if he is apprehended while committing
a criminal offence or immediately thereafter. The competent authority is obliged to
immediately report the detention to the Chairperson. If the President of the Senate within 24
hours after the detention of the consent to the surrender of the detainee of the Tribunal, the competent
authority shall be obliged to release him. At its first subsequent meeting of the Senate
the admissibility of criminal proceedings definitively.
(3) a judge of the Constitutional Court has the right to refuse testimony on facts
that learned in connection with the performance of their duties, even after the
ceased to be a judge of the Constitutional Court.
Article 87 of the
(1) the Constitutional Court shall decide
and repealing laws) or their individual provisions, if they are in
contrary to the constitutional order,
(b)) on the abolition of other laws or their individual
the provisions are in conflict with the constitutional order or the law,
(c)) on the constitutional complaints authorities of territorial self-government against unlawful
State interference,
(d)) on the constitutional complaint against the final decision and other intervention
of the public authorities to the constitutionally guaranteed fundamental rights and freedoms,
e) an appeal against a decision in the matter of authentication options
a Deputy or Senator,
f) in case of doubt about the loss of eligibility and incompatibility
functions of a Deputy or Senator according to art. 25,
g) on the constitutional lawsuit against the Senate President of the Republic according to article. 65
paragraph. 2,
(h)) on the proposal of the President to repeal the resolution of the
the House and Senate under art. 66,
I) the measures necessary for the implementation of the decision of the International Court,
which is binding for the Czech Republic if it is cannot be performed otherwise
j) about whether the decision on the dissolution of a political party or other
decisions concerning the activities of the political parties is in compliance with
constitutional and other laws,
the range of disputes of competence) State authorities and authorities of the territorial
It is not for the Government, according to the law to any other authority.
(2) the Constitutional Court decides on the conformity of an international agreement pursuant to article.
10A and article. 49 with the constitutional order, and that prior to its ratification. To
decisions of the Constitutional Court cannot be ratified.
(3) the law may provide that instead of Constitutional Court shall be decided by the Supreme
Administrative Court
and repealing legislation) or individual provisions thereof,
If they are in conflict with the law,
(b) disputes about the scope of competence) State authorities and authorities of the territorial
It is not for the Government, according to the law to any other authority.
Article 88
(1) the law stipulates who and under what conditions is entitled to submit a proposal to
the initiation of proceedings and the additional rules relating to proceedings before the Constitutional Court.
(2) the Constitutional Court judges are bound only by when making its decision
the constitutional order and the law referred to in paragraph 1.
Article 89
(1) decision of the Constitutional Court shall be enforceable as soon as it was published
manner prescribed by law, if the Constitutional Court about its enforceability
not decided otherwise.
(2) the Enforceable decision the Constitutional Court are binding on all
the authorities and the people.
(3) the decision of the Constitutional Court, which was under art. 87 para. 2
non-compliance with international treaties ratified by the constitutional order, prevent
ratification of the Treaty until such time as the inconsistency will be removed.
The courts of the
Article 90
The courts are called upon in particular to ensure that the law laid down by the way
provide protection to the rights. The Court only decides on guilt and punishment for
criminal offences.
Article 91
(1) the system of courts consists of the Supreme Court, the Supreme Administrative Court, Supreme,
regional and district courts. The law may provide for their other designation.
(2) the scope and organisation of the courts are determined by law.
Article 92
The Supreme Court is the supreme judicial authority in matters pertaining to
jurisdiction of the courts, with the exception of matters on which the Constitutional Court decides
or the Supreme Administrative Court.
Article 93
(1) a judge is appointed President of the Republic without time
the restrictions. Your function takes the oath of Office.
(2) a judge may be appointed as the upstanding citizen that has higher
legal education. Other assumptions and the procedure provided by law.
Article 94
(1) the law lays down the cases in which judges decide in the Senate and what is its
composition. In other cases, make decisions as President.
(2) the law may lay down in which cases, and how to
decisions of the courts involved in addition to judges and other citizens.
Article 95
(1) the judge is bound by the law when making decisions and international agreements
that is part of the rule of law; is entitled to assess the compliance of another
legislation with the law or with an international agreement.
(2) if the Court concluded that the law, which is supposed to be when the solution matters
used is in conflict with the constitutional order, refer the matter to the constitutional
the Court.
Article 96
(1) all parties to the proceedings have equal rights before the Court.
(2) the hearing before the Court is an oral and public; the exceptions provided for by law.
Judgment shall be delivered always publicly.
CHAPTER FIVE
Supreme Audit Office
Article 97
(1) the Supreme Audit Office is an independent body. Performs a check
the management of State assets and the performance of the State budget.
(2) the President and Vice-President of the Supreme Audit Office shall be appointed by
President of the Republic on the proposal of the Chamber of Deputies.
(3) the status, scope, organizational structure and other details
provided by law.
CHAPTER SIX
The Czech National Bank
Article 98
(1) the Czech National Bank is the Central Bank of the State. The main objective of the
activities is the care of price stability; its activities can interfere with
only on the basis of the law.
(2) the status, scope and other details provided by law.
THE HEAD OF THE SEVENTH
Territorial Government
Article 99
Czech Republic is divided into municipalities, which are the basic territorial
authorities, and of the region, which are of higher territorial self-governing
units.
Article 100
(1) local government units are territorial communities of citizens, which
have the right to self-government. The law provides, when the administrative circuits.
(2) the municipality is always part of a higher regional self-governing unit.
(3) Create or cancel the higher territorial self-governing unit can only be
the Constitutional Act.
Article 101
(1) the municipality is independently managed by the Government.
(2) Higher territorial self-governing unit is separately administered by the
the municipal board.
(3) the territorial authorities are public corporations which
they can have their own property and operate according to their own budget.
(4) the State may interfere with the activity of territorial self-governing units, just
If required by the protection of the law, and only in the manner prescribed by law.
Article 102
(1) the members of the Councils are elected by secret ballot on the basis of
universal, equal and direct electoral rights.
(2) the term of Office of the Municipal Council is four years. The law stipulates under what
conditions, will announce new elections Council before the end of his
term of Office.
Article 103
cancelled
Article 104
(1) the scope of the Councils may be established only by law.
(2) the Municipal Council of the municipality shall decide in matters of local government, if they are not
entrusted a higher regional self-governing unit.
(3) the Council may, within the limits of its competence to issue generally binding
the Decree.
Article 105
Performance of State administration bodies may be entrusted to authorities only if provided for in
It's the law.
CHAPTER EIGHT
Transitional and final provisions
Article 106
(1) the effective date of this Constitution with the Czech National Council becomes a Chamber of
the Chamber of Deputies, whose term shall expire on 6. June 1996.
(2) until the election of the Senate under the Constitution shall perform the functions of the Senate
The Interim Senate. The provisional Chamber shall be constituted in the manner
the constitutional law. Entry into force of this Act shall perform the functions of the Senate
The Chamber of Deputies.
(3) the Chamber of deputies cannot be dissolved until performs the function of the Senate
in accordance with paragraph 2.
(4) the adoption of the law on the rules of procedure of the Chambers in each
Chambers according to the rules of procedure of the Czech National Council.
Article 107
(1) the law on the elections to the Senate down, how at the first
elections to the Senate shall designate one-third of the senators whose terms will
a two-year, and a third of the senators, whose term will be four years.
(2) meetings of the Board shall be convened by the President of the Republic so that was initiated
no later than the 30th day after the date of the election; If it fails, the Senate shall meet
the 30th day after the date of the election.
Article 108
The Government of the United States, appointed after the election in 1992 and the executing
its function, the effective date of the Constitution shall be considered as the Government appointed
in accordance with this Constitution.
Article 109
Until the establishment of the public prosecutor's Office carries out its function
the Prosecutor's Office of the Czech Republic.
Article 110
Until 31 December 2006. December 1993, consists of a system of courts, military courts also.
Article 111
The judges of all courts of the United States performing the function of the judge on the date of
entry into force of this Constitution shall be construed as a judge appointed by the
The Constitution of the United States.
Article 112
(1) the constitutional order of the Czech Republic consists of the Constitution, the Charter
fundamental rights and freedoms, constitutional laws adopted in accordance with this Constitution and
constitutional laws of the National Assembly of the Czechoslovak Republic,
The Federal Assembly of the Czechoslovak Socialist Republic and the United
National Council of the governing State borders of the Czech Republic and the constitutional law
The Czech National Council adopted after 6. June 1992.
(2) the existing Constitution, the constitutional law on the Czechoslovak
Federation, constitutional laws, which is varied and complementary, and constitutional law
The Czech National Council No. 67/1990 Coll., on State symbols of the Czech
of the Republic.
(3) other constitutional laws applicable in the territory of the Czech Republic on the date of
the effectiveness of this Constitution shall have the force of law.
Article 113
This Constitution shall take effect on 1 January 2000. January 1993.
Uhde in r.
Klaus r.