110/1998 Coll.



CONSTITUTIONAL LAW



of 22 March. April 1998



for the safety of the Czech Republic



Change: 300/2000 Sb.



Parliament passed this Constitutional Act of the Czech Republic:



BASIC PROVISIONS



Article 1



Ensuring the sovereignty and territorial integrity, the protection of the Czech Republic

its democratic foundations and protection of the lives, health and property

values is a fundamental duty of the State.



Article 2



(1) If immediately threatened the sovereignty, territorial integrity,

the democratic foundations of the Czech Republic or in a significant range of internal

order and safety, lives and health, property values or the

environment, or if necessary, to fulfil the international obligations on the common

Defense, may declare according to the intensity, spatial extent and nature

the situation of emergency, State of emergency or a State of war.



(2) the emergency and the State of emergency is declared for a limited or

for the whole territory of the State, a State of war is declared for the entire territory of the State.



Article 3



(1) ensure the security of the United States armed forces, the armed

security forces, rescue and emergency services.



(2) State authorities, authorities of territorial self-governing units and legal and

natural persons are obliged to participate in ensuring the security of the United

of the Republic. Scope of the obligations and the additional details provided by law.



Article 4



(1) armed forces are supplemented based on conscription.



(2) the scope of conscription, the tasks of the armed forces, the armed

security forces, rescue and emergency services, their

the Organization, preparation and completion, and legal relations of the members of the

by law, so as to ensure civilian control

of the armed forces.



EMERGENCY STATUS



Article 5



(1) the Government may declare a State of emergency in the event of natural disasters,

environmental or industrial accidents, accidents or other danger,

that in a significant extent threaten the lives, health or property values

or the internal order and security.



(2) the emergency cannot be declared because of strikes led by the protection of

the rights and the legitimate economic and social interests.



(3) if the risk of default, may declare emergency status, the President of the

the Government. The Government of his decision within 24 hours of publication shall approve or

cancels.



(4) the Government of the Declaration of an emergency shall be informed immediately by the

the House, which can cancel the announcement of.



Article 6



(1) the emergency may declare only, indicating the reasons for a certain period

and for a certain territory. At the same time with the announcement of the emergency Government must

define that the rights set out in the Special Act, and to what extent

in accordance with the Charter of fundamental rights and freedoms limit and that

responsibilities and the extent to which it is stored. Details provided by law.



(2) may declare an emergency for a maximum period of 30 days. That period is

may be extended only after prior approval by the Chamber of Deputies.



(3) the emergency ends with the expiry of the period for which it was declared, if

the Government or the Chamber of Deputies decide about its cancellation before the

the expiry of this period.



THE STATE OF EMERGENCY



Article 7



(1) Parliament may, on the proposal of the Government to declare a State of emergency, if the

immediately threatened the sovereignty of the State or the territorial integrity of the State

or its democratic foundations.



(2) to the adoption of the resolution on the Declaration of a State of emergency is necessary to

half majority of all members consent, and consent by an absolute

a majority of the senators.



SHORT NEGOTIATIONS ON BILLS



Article 8



(1) for a period of a State of emergency or State of war, the Government may

request that the Parliament discuss the Government Bill summary

the negotiations.



(2) such a proposal to the House of Commons take a decision within 72 hours of its

Administration and the Senate within 24 hours of its referral to the Chamber of Deputies.

If the Senate does not respond within this period, the Bill is

accepted.



(3) for the duration of a State of emergency or State of war President

the Republic has the right to return a law enacted by way of summary hearing.



(4) In summary, the Government is unable to present a draft Constitutional Act.



SAFETY COUNCIL OF THE STATE



Article 9



(1) State Security Council consists of the Prime Minister and other members of the Government

According to the decision of the Government.



(2) the Security Council state credentials that set by the Government

the Government is preparing proposals for measures to ensure the security of the United

of the Republic.



(3) the President of the Republic has the right to participate in the meetings of the Security Council

State to require from it and its members report and discuss with her or with

its members belonging to their scope.



THE EXTENSION OF THE PARLIAMENTARY TERM



Article 10



If, after a period of emergency, a State of emergency or war

the State of conditions in the territory of the Czech Republic will not allow the elections to take place in the

the time limits laid down for the regular election period, can be

by law, no deadlines by six months.



COMMON PROVISIONS



Article 11



At a time when the Chamber of Deputies is dissolved, it is for the Senate



and) decide to extend or cancel the emergency, opening

a State of emergency or State of war, and on the participation of the Czech Republic in

defense systems, international organization of which the Czech Republic

a member of the,



(b)) agree by sending the armed forces of the United States excluding

the territory of the Czech Republic and with the armed forces of other States on the territory of the

The United States, if such decisions are not reserved to the Government.



Article 12



A decision on emergency status, a State of emergency or a State of war

shall be published in mass media, and they shall be read

as well as the law. The efficiency gain from the moment that the decision

provides.



FINAL PROVISION



Article 13



This constitutional law shall take effect on the date of publication.



Zeman in r.



Havel, v. r.



Tošovský in r.