The Constitution Of The United States

Original Language Title: Ústava České republiky

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=40450&nr=1~2F1993~20Sb.&ft=txt

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.