114/2003 Coll.
LAW
of 17 May. April 2003 on the implementation of the referendum on the accession of the Czech
Republic to the European Union and on amendments to certain acts (the Act on the implementation of the
the referendum)
Parliament has passed the following Act of the United States:
PART THE FIRST
THE IMPLEMENTATION OF THE REFERENDUM ON THE ACCESSION OF THE CZECH REPUBLIC TO THE EUROPEAN UNION
TITLE I OF THE
INTRODUCTORY PROVISIONS
§ 1
(1) this Act regulates in accordance with the constitutional law on referendum
accession of the Czech Republic to the European Union "^ 1") (hereinafter referred to as "the constitutional
Act "), other conditions of exercise of voting rights in the referendum on the
accession of the Czech Republic to the European Union (hereinafter referred to as "referendum"),
as well as the details of design, advertising and implementation of referendums
the announcement of its outcome.
(2) the Treaty concerning the accession of the Czech Republic to the European Union must be
available for inspection at the municipal offices, each of which are
the authorities responsible for at least 21 days before the referendum.
Right to vote in the referendum
§ 2
A referendum shall be held by secret ballot on the basis of universal, equal and
a direct vote in the permanent electoral districts and separate
electoral districts (hereinafter referred to as the "district"), created under the law on
elections to the Councils of the municipalities of ^ 2) in the territory of the Czech Republic.
§ 3
(1) the right to vote in the referendum, every citizen of the Czech Republic, which
at least the second day of the referendum has reached the age of 18 years (hereinafter referred to as
"a legitimate citizen").
(2) Obstacles in the exercise of the right to vote in the referendum are
and the) deprivation of legal capacity, ^ 3)
(b)) a special law provided for restrictions of personal freedom because of the protection
the health of the people, ^ 4) or
(c) the professional soldier) service abroad, ^ 5) if the nature of the carried out
the place of performance of the service or do not allow the exercise of the right to vote in
the referendum.
TITLE II
DECISION OF THE PRESIDENT OF THE REPUBLIC ABOUT THE REFERENDUM
§ 4
(1) the Referendum announced by the President of the Republic by a decision. ^ 6)
Decision of the President of the Republic for the referendum (hereinafter referred to as
"the decision of the President of the Republic") shall be published in the statute book. On the date of
the announcement of the referendum date of dispatch of the relevant amounts is a collection of laws, in
that is the decision of the President of the Republic published.
(2) the decision of the President of the Republic has
and the days of the referendum) (section 7),
(b)) a question for referendum according to art. 1 (1). 2 constitutional law
c) in case of repeated referendum according to art. 3 and 4 of the Constitutional Act
the guy who filed for its publication.
(3) if the Constitutional Court findings that the procedure for the implementation of the referendum
was not in accordance with the constitutional law or with this Act, the President of the
the Republic again will announce a referendum within 30 days from the date of publication of the finding in
the matter to a referendum held within 90 days from the date of
the publication of this Constitutional Court.
(4) if the decision is clearly a referendum, President of the Republic shall publish
It is in the collection of laws. Include the reasons for such a decision,
Why does the President of the Republic held a referendum clearly. ^ 7)
TITLE III
THE IMPLEMENTATION OF THE REFERENDUM
§ 5
Lists for the referendum
(1) for the list of eligible citizens under this Act is deemed to be a permanent
the list of voters conducted under the Act on elections to the Councils of the municipalities of ^ 8) and
in military újezdech under the Act on ensuring defence of the Czech
States ^ 9) (hereinafter referred to as the "standing" list). For access to the Standing
list and request information or make corrections shall apply mutatis mutandis
the law on elections to the Councils of the municipalities. ^ 8)
(2) a separate list of eligible citizens (hereinafter referred to as the "special" list)
lead municipal office, City Hall, City Hall, the Office of the borough or
the urban perimeter of the Chartered city and the Office of the municipal
parts of the capital city of Prague (hereinafter referred to as "local authority") for eligible
citizens, who are not in their territorial jurisdiction are logged on to a permanent
residence, ^ 10) where appropriate, cannot, for the reasons referred to in points (a) to (c)))
to vote in the precinct in which the standing list are entered, and who
and enforced in the area), in the capital city of Prague, or in
broken down statutory cities in the perimeter of the city district or city
(hereinafter referred to as "the community") the base or a replacement military service,
(b)) are in a medical facility, specialized treatment institution or in the
a similar device, or
(c)) are in a police cell, at the place of custody, or at the place of
imprisonment, ^ 11) or
(d) the vote on the voting card) (section 6).
(3) on the special list of the authorized local authority citizen writes
referred to in paragraph 2 (a). a) based on data for the Commander and
authorized citizen referred to in paragraph 2 (a). (b)), and (c)) on the basis of
the head of the relevant institution, data object or device. The relevant
data must be transmitted to the village not later than 7 days before the beginning of the vote
and updated as necessary.
(4) the competent Commander, the head of the relevant institution, object, or
the device will send, in cooperation with the locally competent municipal authority,
the municipal office in the municipality where the citizen is entitled to written in the standing list
confirmation that this legitimate citizen was reported to write to
Special list.
(5) a local authority shall transmit at least 2 working days before the date of the vote in the
the Referendum Commission, the competent district listing from the standing list and a listing of
Special list that contains the list of citizens eligible to vote in the
This precinct.
(6) special list kept by the embassies and consular offices of the United
States, with the exception of consular authorities led by honorárními
consular officials (hereinafter referred to as "the Embassy") under the law on
elections to the Parliament of the Czech Republic, ^ 12) is considered to be a list of
eligible citizens under this Act.
§ 6
Voting card
(1) a lawful citizens, who will not be able to vote in the precinct in which the
the standing list is written, shall issue a municipal office at his request voting
license and makes a note of this fact in the permanent list and the statement of
him for the County Commission. The voting card for authorized citizen
residing abroad, are issued by the Embassy, which is
authorized citizen kept in the special list; a note on release
voting card Embassy notes in a special list.
(2) a lawful citizen may apply for a licence from the date of issue of the voting
the announcement of the referendum, and it personally until the conclusion of the standing list
or a special list referred to in § 5 para. 6, or by a written submission
provided with a notarized signature of the authorized person delivered to the
no later than 7 working days before the date of the referendum, who leads
the permanent list or a separate list pursuant to § 5 para. 6; Municipal Office or
Embassy of the voting card earlier than 15 days before the date of
the vote passes directly to the creditor or the person of the citizen, that proves
Attorney with the notarized signature of the authorized citizen applying for
release of a voting card, or a lawful citizen.
(3) a voting card entitles in the days of referendum to write into
the statement from the special list in any precinct within the territory of the United
of the Republic.
§ 7
The holding of the referendum
A referendum on the territory of the Czech Republic takes place in two days, which are
Friday and Saturday. The first day starts a vote at 2 pm and end at
22.00 hours. The next day begins with voting in 8 a.m. and ends at 2 pm
hours. The date of the referendum means the first day of voting,
unless otherwise provided by this Act.
§ 8
Ballot papers
(1) on the ballot must be listed
and the information referred to in section 4), para. 2 contained in the decision of the President of the Republic,
(b) lessons learned about how to vote),
(c)) on the left of the word "Yes", to the right of the word "no" and next to each of the
These words frame.
(2) the printing of ballots shall provide the Ministry of Interior. Voting
Tickets must be printed in characters of the same type, the same size,
the paper of the same color, quality and of the same dimensions. The ballots are
bear the imprint of the stamp of the Ministry of the Interior.
(3) ballot papers shall be sent through the Ministry of the Interior
responsible for the municipal authorities) ^ 13 mayors of municipalities, primátorům of statutory
cities which are not territorially divided and broken down in statutory
cities and in the capital city of Prague to mayors of boroughs or
districts (hereinafter referred to as "the Mayor"). The mayor shall ensure delivery
the ballots okrskovým commissions.
(4) in the case of obvious misprints, ballots nepřetiskují;
Ministry of the Interior shall ensure through the regional offices, in
capital city of Prague municipality of the capital city of Prague (hereinafter referred to as "regional
the Office "), posting information about these errors in all rooms
the vote, giving the correct information.
§ 9
Authorities for a referendum
(1) the tasks associated with the preparation and course of the vote and taking surveys
the results of the referendum and the position of the authorities for a referendum have
and) the National Electoral Committee,
(b) the Ministry of the Interior),
(c)) of the Ministry of Foreign Affairs,
(d)), the Czech Statistical Office,
e) Regional Office
(f)) responsible for municipal office, ^ 13) in the capital city of Prague City District Office
in the cities of Brno, Ostrava and Pilsen Office of the borough or city
(hereinafter referred to as "the authorized local authority"),
g) Municipal Office,
h) Mayor,
I) Embassy,
(j)) ward of the Commission.
(2) the operation of the referendum is the exercise of State administration.
§ 10
The National Electoral Commission
The National Electoral Commission created under a special legal regulation ^ 14)
and coordinates the preparation, organization), and the progress of the voting, checks
the progress of the voting and the counting of votes,
b) exercises supervision over the security tasks necessary for organizationally
technical security of referendum,
(c)) shall write about the results of voting in the referendum, and passes it to the
without delay to the President of the Republic,
d) publishes in justified cases, permit the presence of other people
When counting of votes County Commission.
§ 11
Ministry of the Interior
Ministry of the Interior
and controls organizational and methodical) technical preparation, conduct and implementation of the
the referendum vote and progress checks for the counting of votes,
(b)) complaints on the organizational and technical security of referendum on
the level region
(c)) provides information from the register of residents ^ 10) for the purposes of leadership
Permanent lists
(d)), in cooperation with the Czech Statistical Office ensures the operation of the
a uniform system of the telecommunications connection to the territory of the Czech Republic,
e) ensures the printing of ballots and other materials related
with the exercise of the right to vote in the referendum and for the detection of its results.
§ 12
Ministry of Foreign Affairs
Ministry of Foreign Affairs forwards the separate lists kept by the
representative offices of the Ministry of the Interior on a technical medium.
section 13 of the
The Czech Statistical Office
(1) the Czech Statistical Office draws up for referendum
a binding system of detection and processing of the results of the referendum and ensure
a copy of the relevant software for the purposes of the processing and
the announcement of the results of voting in the referendum.
(2) the Czech Statistical Office on
and technically secures processing system) results of voting in the
the referendum referred to in paragraph 1 at the workplaces created in charge of
municipal authorities and the State Election Commission; It works with
The Ministry of the Interior, the regional authorities and municipal authorities,
(b) overall results) handles the voting in the referendum (article 34) and the
details of the National Electoral Commission passes without delay,
c) technically ensures the availability and provision of intermediate and overall
the results of the voting in the referendum,
(d)) for the individual workplace according to subparagraph (a)) for the employee
The Czech Statistical Office, responsible for detecting and processing
the results of the referendum, as well as the number of other persons necessary for the
the performance of these tasks, and performs their training,
(e) the training of designated members) of the District Commission to the system
detection and processing of the results of the vote in a referendum,
(f)) is issued by okrskovým commissions in the form of computer Assembly written proof
certifying that the results of the precinct were taken until further processing
flawlessly,
g) complaints on the function of the technical equipment and the relevant
the software used in the processing of the results of voting in the
the referendum,
h) passes the minutes of the progress and outcome of the vote taken by the district
the Commission entrusted the competent municipal authority at least 10
days from the termination of the processing of the results at the level of charge of the municipal
the Office,
even after the announcement of the results of the vote) in the referendum on demand provides
information on the results of the referendum in the required territorial subdivisions.
(3) only an employee of the Czech Statistical Office, which has the credentials
in accordance with paragraph 2 (a). (d)), shall be entitled to
and) stay in the room where the Commission adds up the votes, Ward
(b) a copy of the minutes of) to take the course and the outcome of the vote,
(c)) to determine the time to correct the mistakes and pass the new registration on the course and
the result of the vote,
d) instruct the Commission to terminate the session on the second day of the Anne Arundel venue
the referendum,
(e) ensure that the takeover of the poll results) for all relevant territorial
districts within the prescribed period.
§ 14
Regional Office
Regional Office provides organizational and technical preparation, course and
the implementation of a referendum in the region, complaints on the organizational and technical
Security referendum at the commune level, checks the progress of voting and
the counting of votes and cooperates with the Czech Statistical Office to ensure
the necessary technical equipment and manpower for the workplace
generated in charge of municipal authorities.
§ 15
Responsible for municipal office
Designated by the local authority provides the room and the necessary resources to
the activities of the workplace of the Czech Statistical Office, control and reception
the processing of incoming writes from the District Commission, collaborates with the
The Czech Statistical Office to ensure the necessary workforce and
technical devices for the transmission of results from individual districts
processing system on the workplace and controls the progress of the voting and
the counting of votes County Commission.
section 16 of the
Municipal Office
The local authority for the district to vote in the Commission room
the referendum needed work force and the auxiliary means, leads special
the list pursuant to § 5 para. 2, issued voting cards, resolves the complaint to
organizational and technical security referendum at the level of district and
archived documentation for the referendum.
§ 17
Mayor
Mayor
and ensures legitimate citizens information) about the time and venue
the referendum in the village,
(b)) provides information to eligible citizens of places where they can
to get acquainted with the text of the Treaty of accession of the Czech Republic to the European
the Union,
(c)) provides for the taking into account of the number of eligible citizens in the district within the time limit
40 days before the date of the referendum, the minimum number of members of the district
the Commission, so that the Commission was at least a five-Member Ward, with
excluding the districts of 300 legitimate citizens, where the ward Commission may be
four piece,
(d)) shall convene the first meeting of the District Commission so as to further
not later than 21 days before the date of the referendum,
e) appoints and removes the writer District Commission (hereinafter referred to as
"the writer"),
(f) other tasks) established by this Act.
section 18
The Embassy of the
The Embassy of the
and) informs in advance the legitimate citizens living in
territorial jurisdiction of this Office about the time of the referendum and the conditions
the exercise of their right to vote,
(b) voting cards) for eligible citizens residing in
abroad, recorded in a special list maintained by the Embassy.
§ 19
Ward, the Commission
Ward, the Commission
and) cares about the room in order to vote in the referendum,
(b)) provides the right to vote in a referendum on the performance and oversees the progress of the
the vote,
c) sums up the votes and draws up a report on the progress and outcome
the vote,
d) passes the documentation concerning the referendum for safekeeping to the municipal authority
with the exception of one copy of the minutes of the progress and outcome of the vote,
that passes the Czech Statistical Office (section 33).
section 20
Members of the District Commission
(1) a member of the District Commission may be nationals of the Czech Republic, which
on the day of oath reached the age of at least 18 years of age and for which a valid
an obstacle to exercise of voting rights in the referendum.
(2) a political party or political movement that they have in the Chamber
the House group or caucus in the Senate, and electoral
the party ^ 15) which has won in the last election, at least one seat in the
Corporation of the municipality shall be entitled to delegate one Member and after
one náhradníku to the District Commission. If it is not thus achieved the lowest
the specified number of members of the District Commission, called before first
the meeting of the members to the free spaces, the Mayor. If the number of members falls
Commission under a set number of Arundel during the holding of the referendum and the
If there are substitutes in the first sentence, shall be appointed by the Mayor to the free
space for more members.
(3) the delegation members and alternates referred to in paragraph 2 means of delivery
their list to the Mayor, no later than 30 days before the date of
the referendum. The list shall contain the name or names and surnames,
date of birth, the place where the person is logged on to the proposed permanent
residence, signature of the person authorized to act on behalf of a political party or
political movement, or the signature of an agent, which shall be documented in writing
authorization for delegation. If the electoral party of the Association of independent
candidates or political parties or political associations, movements and
independent candidates shall be signed by the lists under the same conditions
Agent. Member of the Municipal Council of the village of elected as independent candidate
signs a list itself. In addition, the list can also contain information to which the
Arundel, the Commission should be delegated the members and alternates,
otherwise, on the classification of a member or alternate shall decide the Mayor.
(4) the membership of the District Commission arises oath reads as follows:
"I promise on my honour that I will conscientiously and impartially perform their
Member of the District Commission, and will be governed by the Constitution, laws and
other legal regulations of the Czech Republic. " A promise consists of delegated or
the designated person, so that the signs under a written pledge; This will
at the same time takes up his duties.
(5) the membership of the District Commission shall expire
and the date of termination of the activities of the district), the Commission,
(b));
(c)) the moment when the President of the District Commission receives a written declaration of
the waiver of a member of the District Commission; This written statement cannot be
take back,
(d)) at the time when the Chairman of the District Commission receives a written appeal
Member of the District Commission who has delegated it,
(e)) the lapse of citizenship of the Czech Republic, or
(f) the resolution of the District Commission); the Commission shall decide on the termination of Ward
membership in the event that a member of the District Commission does function in the
the days of the vote so that his absence from the voting room takes
without the consent of District Commission longer than 3 hours.
(6) the Secretary is a member of District Commission with advisory,
the vote in the number of members of the District Commission shall not be counted. The writer
the Commission may submit proposals to the Anne Arundel; takes minutes of the proceedings
of the Commission. The writer made a promise in the wording and in the manner referred to in paragraph
4. He is appointed mayor of no later than 20 days before the first meeting of the
District Commission. The writer fails to perform its function, it must
be immediately appointed a new writer.
(7) a member of the District Commission, whose membership has been terminated in accordance with paragraph 5,
calls the President of the Commission, through the Mayor of Arundel surrogate
delegated by the same body in accordance with paragraph 2; substitute becomes a member of the
District Commission oath of Office referred to in paragraph 4. If you are having
the matters referred to in paragraph 5 and there are alternate members, shall inform the
the President of the District Commission, which the Mayor on the unoccupied place called
new Member of the District Commission.
(8) the Ward Commission quorum is present by an absolute
the majority of all its members with the right to vote. The resolution is adopted,
If the favour for them by an absolute majority of the members present.
(9) the Ward Commission, at its first meeting, shall determine by lot from among its members with a
the right to vote a Chairman and Vice-Chairman. Draw controls the writer.
If the Chairman or Vice-Chairman of the District Commission resigns or not
able to on other serious grounds to carry out their function, the
the draw again; to draw on the President of the District Commission will not included
followed by the President of the District Commission and Vice-Chairman of the District Commission;
to draw on their district, the Commission will not be included
followed by the Vice-President of the Commission and Chairman of the Anne Arundel District Commission.
(10) the Chairman of the District Commission may entrust other tasks each
members of the District Commission.
section 21
Informing of authorized citizens
(1) the mayor shall publish a notice in the manner usual in place, no later than 15 days
before the date of the referendum, a notice of the time and place of the holding of the referendum in
the village. It was established on the territory of the municipality more districts, it shall indicate in the notice,
that part of the village belongs to the individual districts, and the relevant part of the
the notice shall be published in the territory of each of them. At the same time the mayor shall state in the
the announcement addresses a room for voting in the referendum, and information about the
places where citizens can learn about permission with the text of the Treaty
accession of the Czech Republic to the European Union.
(2) the Mayor in the notice notifies the eligible citizens on the obligation to demonstrate
before the vote, the identity and the citizenship of the United States and indicate the
other necessary data required to serve during the referendum.
(3) the Embassy of the way in place of the usual inform in
sufficient time for eligible citizens living in designated
This Office about the time of the referendum, and on the conditions for the exercise of their
the right to vote.
(4) in the village, in whose territorial jurisdiction lives according to the last census
at least 10% of citizens reporting to the nationality other than Czech, and in which
a Committee for national minorities under a special legal
prescription, ^ 16) the notification referred to in paragraphs 1 and 2 shall be published in the language of the
the national minorities.
section 22
The room for the vote
(1) in the room for the vote must be available for each district
the voting box, portable voting box, a sufficient quantity of
the ballots, empty envelopes bearing the stamp of the longitudinal
local authority (hereinafter referred to as "official cover"), pens, listings
of the standing list and special list. Additionally, you must be in the room for
the vote provided a Constitutional Act and this Act, which shall be
the request of the legitimate citizens lent to them.
(2) in the room for the vote are for modifying ballots designed
special areas separated to ensure the secrecy of the vote.
The number of such spaces shall designate the Mayor with taking into account the number of authorized
citizens in the district.
(3) on the object in which is situated the room for the vote to be posted
the national flag, in the room for the vote on the dignified place places
great coat ^ 17) and will be posted in a visible place ballot
marked "specimen".
(4) an official of the envelope must be opaque, the same size of paper
the same quality and color.
Article 23 of the
Start voting
(1) before opening the vote, the President of the Commission checks whether the Anne Arundel
the room is equipped with voting under section 22 and whether the voting
mailbox and portable voting box blank; then in front of others
members of the District Commission shall seal voting Clipboard.
(2) the inspections referred to in paragraph 1 shall declare the President of district
the Commission vote to be initiated.
section 24
Principles governing voting
(1) a lawful citizen votes personally, representation is not permitted.
(2) the citizens of the County, where the vote before the Commission and in the
the order in which they appear in the room for the vote.
(3) the legitimate citizen after coming into the room for the vote demonstrates its
the identity and the citizenship of the Czech Republic ^ 18) valid civil
^ 19) card or a valid travel, diplomatic or service passport
The United States or travel card. ^ 20) After making a record in
statement from the standing list or special list will receive legitimate
citizen from District Commission ballot official and an empty envelope. On
the request of the citizen of his ward, where necessary, the Commission shall issue
a new ballot.
(4) unless a legitimate citizen of his identity and nationality
The United States, he will not be allowed to vote.
(5) the authorized person who is not registered in the extract from the permanent list
and that proves its right to vote in the precinct, Ward, the Commission inserted into
statement from the standing list subsequently and allow him a vote. A legitimate
citizen who came to the room for the vote with voting
licence, the licence is obliged to commit the District Commission; the it
be attached to the statement of the special list.
(6) in an area designated for the adjustment of the ballots shall be not nobody
present with an eligible citizen, even a member of the District Commission. With
authorized citizen cannot itself modify the ballot for
physical defect or for other reasons cannot read or write, can be in
the area specified for editing ballots present other authorized
citizen, but not a member of the District Commission, and the ballot may, in
Edit and insert it into the official envelope.
(7) the legitimate citizen may, on serious, in particular for health reasons,
ask the local authority, and in the days of the Referendum Commission, County
to vote outside the room for a vote in the designated district,
for which the Commission established by Ward. In this case, Ward
the Commission will send to the legitimate citizens of two of its members with the portable voting
box, the official envelope, and the voting list. When voting progress
members of the District Commission so as to preserve the secrecy of the vote.
§ 25
Method of voting
(1) on receipt of an official envelope and the ballot will come true
citizen into space intended to modify the ballots where voting
the ticket in the prescribed manner modifies and inserts it into the official envelope.
(2) the answer to the question, a legitimate citizen shall be marked on the ballot so
It marked with a cross in the appropriate box.
(3) the legitimate citizen vote so that, after leaving the designated area for
adjustment of the ballots, the official voting envelope inserts a ticket before
County Commission to the voting boxes. Eligible citizen who
not being able to embed the official envelope with the voting list to the voting
the Clipboard, you may do so by other authorized citizen, but not a member of the
District Commission.
(4) a lawful citizen who is removed to a designated area for
adjustment of the ballots, the Commission does not allow voting ward.
section 26
Order in the room for the vote and in its immediate vicinity
For the order in the room for the vote and in its immediate vicinity
corresponds to the Chairman of the District Commission. His instructions for the maintenance of order and
dignified during the vote are binding for all present.
section 27 of the
Interruption of voting
(1) after the first day of voting, the voting shall seal the ward Commission mailbox
and the portable ballot box to them could not be anything
Insert or select anything from them, and keep the other documents for the
a referendum. Before opening the vote, the second day of voting in the referendum
checks the integrity of the seal of the Commission and ward captures them.
(2) if there are circumstances which make it impossible to open a voting procedure,
continue in it or is terminated, the Commission may continue opening of Ward
the vote at a later hour or stay or extend the term of
the vote, but no longer than 1 hour; no such action shall inform the
eligible citizens at the place in the usual way and ward Commission
notify the municipal office, responsible for the local authority and the competent regional authority. After
the period of interruption shall be kept voting for referendum documents and
shall seal the ballot box and portable ballot box so that
to them, it was not possible to upload official envelopes or is one of them to choose from. When
Re-starting the vote Commission in the presence of the President of the district
members of the District Commission shall verify the integrity of the seal and remove them.
section 28
Review
(1) voting and counting of votes District Commission members in the room
polling of the National Electoral Commission, the regional office or designated by the
Municipal Office to perform a check on the spot. From the inspection shall draw up
a record that is part of the documentation to the referendum.
(2) the instructions of the National Electoral Commission, the regional office and in charge of the municipal
the Office shall, with the exception of the steps leading up to the survey results
the vote for the County Commission. On the instructions of the national electoral
the Commission, the regional office and the designated local authority removes the President of the
District Commission identified deficiencies at the site immediately. In case of detection of
deficiencies that cannot be removed immediately, the National Electoral Commission,
Regional Office or designated by a local authority District Commission instruction to their
delete within a specified period; the Commission, based on Ward breaks
vote and proceed according to section 27.
section 29
End of voting
On the expiry of the period fixed for the end of voting, close the
the room for the vote, but before allowing a vote to all who
they are in the room for the vote or in front of her and are legitimate citizens,
who will vote. Then the President shall declare the District Commission
the vote closed.
section 30
The discovery of the poll results County Commission
(1) after their vote can be the President of the District Commission seal
unissued unissued ballot papers and official envelopes and then open
the voting box.
(2) the Ward Commission cuts the envelopes with voting ballots from the voting
the Clipboard. In the case that the Commission was formally requested by the County
each eligible citizens also used portable voting Clipboard,
Ward Commission opens the portable ballot box, removed from her official
envelopes with voting ballots and voting boxes mixed content.
(3) the Ward Commission counts official envelopes and compares the number of official
the envelopes with the records in the report from the permanent list and statement from the Special
the list. Other than the official envelope Ward Commission excludes. Excludes
the ballots, which were found in the ballot box, where appropriate, in
portable voting mailbox without official envelope.
(4) each Member of the District Commission may inspect the ballots,
the President of the District Commission checks the accuracy of the counting of votes.
(5) in the room where the Commission adds up the votes, Ward have a right to be
present employees of the Czech Statistical Office, the employees of the municipality and
employees of the County the credentials associated with the implementation of the tasks of a referendum,
members of the State Election Commission and its secretariat, as well as persons
which gave authorization to the National Electoral Committee.
section 31
The examination of the ballots
(1) the Commission shall open Ward designs and counted the official envelope, be removed from the
These ballots and reallocated valid vote "Yes" or "no" vote
for each valid ballot on which the response is indicated
According to § 25 para. 2.
(2) the Invalid is a ballot that is not on the prescribed form
or is broken.
(3) the Ward ballots the Commission referred to in paragraph 2 shall defer as
invalid votes, indicating the reason of their invalidity.
(4) if in the official envelope a few ballots or not
ballot is inserted into the official envelope, it is an invalid way
vote; to those voting ticket shall be disregarded and the ward Commission
These ballots as invalid votes shall postpone designating the reason
their invalidity.
(5) the Voice of the authorized citizen is invalid,
and) if zakřížkována on the ballot in their respective frames
answer "Yes" and "no",
(b)) if it is not on the ballot in their respective frames zakřížkována
no response,
(c)) if it is not on the ballot in their respective frames, the answer
indicated in the valid, i.e.. a cross in the box;
Ward, the Commission postpones the ballot papers as invalid votes with
indicating the reason of their invalidity.
(6) damage or transfer ballot does not affect its
force, if they are evident necessary data from it. Other than for law
provided for editing the ballot shall be disregarded.
(7) the validity of the ballot is decided by the ward Commission.
§ 32
A record of the progress and outcome of the vote in the district
(1) the Commission shall draw up a Ward in two copy only write about the progress and
the result of the voting, which shall be signed by the members of the District Commission. The reasons for the
any denial of signature shall be given in a separate annex to the minutes.
(2) the minutes of the Commission about the progress of the Anne Arundel and the result of the vote shall be
and start and end time) vote, or its adjournment,
interruption or extension with the reasons therefor,
(b) the total number of eligible citizens) listed in the statement of the Standing
the list and from the specific list
(c)) the number of eligible citizens, who have been issued an official envelope,
(d)) the number of cast official envelopes,
(e)) the number of valid votes cast,
f) number of votes "Yes" and "no" votes.
(3) the Commission shall be attached to the registration of the ward a brief report on the content of the
complaints, if it were submitted, and the resolutions adopted by them.
Ward of the Commission without undue delay, inform the complainant of the content
a resolution to the complaint.
(4) the use of the ward Commission for copies of the minutes of the progress and
the result of the vote, or even for the compilation of data on the technical
the data medium the computer makes use of software supplied to Czech
the Statistical Office.
§ 33
Transfer of registration on the course and the outcome of the vote, the Czech Statistical
the Office of the
(1) after the signing of the minutes of the progress and outcome of the vote of the Chairman
District Commission authorized member or District Commission shall transmit a
a copy of the minutes of the progress and outcome of the vote, or even the result of
the vote on the technical device without delay the Czech Statistical data
the Office of the workplace for the designated local authority. Write about the progress and
the result of the vote passes the villages of a fortified settlement and town
Karlovy Vary, the direction of the City Office of the villages of Český Krumlov,
villages Brdy Municipal Office of Pribram, villages Libavá
The municipality of the city of Olomouc and the villages of Březina Municipal Office
Vyškov.
(2) if it is to be presented in writing of the progress and results of voting
There are errors, they will be in the case that the notation is the President of the
District Commission authorized member or District Commission empowered to
delete, deleted on the spot. However, if the President of the District Commission
or another Member of the District Commission authorized to correct these errors, or if it is
on error, the fix is only possible with the use of the materials stored in the
the room for the vote, will be writing about the progress and the results of voting
rejected and will be granted a period to correct the errors and the delivery of the new
write about the progress and outcome of the vote.
(3) after taking over the writing of the progress and outcome of the vote to the next
the President of the District Commission receives processing or authorized member of the Arundel
the Commission written proof in the form of computer a report certifying that the
the result of the vote in the precinct was taken until further processing
flawlessly. The Czech Statistical Office also instructs that the ward
the Commission may, on the second day of their meeting in the referendum to end.
(4) to comply with the ward Commission nor on the challenge of the Czech Statistical Office
the obligation under paragraph 1 to 12 hours after the end of voting, or
within the time limit laid down in accordance with paragraph 2, may be the overall result
the referendum is being handled without this precinct. After the expiry of the time limits referred to
already the result of a vote of the district shall be disregarded.
(5) the Commission shall seal the copy of the registration of the Ward of the progress and outcome of the
voting, voting cards, committed cast ballots and
the official envelope, statement of the standing list, listing of special list,
proof of receipt of the result of the vote to the next processing and any
a record of the inspection carried out by the National Electoral Commission, the regional authority or
Subdivision. The Commission shall forward the documents mentioned Ward together
with other documentation to the referendum for safekeeping to the municipal office.
§ 34
Registration of National Electoral Committee
(1) of the data transmitted by the Czech Statistical Office shall establish the State
the Election Commission minutes of the result of a vote in a referendum. Write sign
members of the National Electoral Commission; If any of the members of the Commission
signature denies, the reasons. In the minutes shall indicate the
and) total number of eligible citizens registered in reports of the Standing
the list and from the specific list
(b)) the number of eligible citizens, who have been issued an official envelope,
(c)) the total number of cast official envelopes,
(d)) the total number of valid votes cast,
(e)), the total number of votes "Yes",
(f)), the total number of votes "no".
(2) the National Electoral Committee to write about the results of voting in the referendum
shall forthwith inform the President of the Republic.
TITLE IV
JUDICIAL REVIEW
§ 35
(1) the scope and conditions of judicial review of the decision of the President of the
States that a referendum on the accession of the Czech Republic to the European Union
nevyhlásí, and judicial review of the constitutionality and legality of the procedure for
the implementation of the referendum, as well as other rules of procedure on these issues
lays down specific legislation. ^ 21)
(2) For legal protection in matters of the standing list shall apply mutatis mutandis to judicial
the order of the Board.
TITLE V OF THE
COMMON PROVISIONS
section 36
The claims of members of the District Commission
Member of the District Commission shall be entitled
and on a special reward for) the performance of functions,
(b)) to work with wage compensation from an employer in a strictly
extent necessary. ^ 22)
§ 37
Reimbursement of expenses related to the implementation of the referendum
Spending authorities for a referendum and administrative offices associated with the implementation of the
the referendum are to be paid from the State budget.
§ 38
Announcement of the results of the referendum
(1) the President of the Republic shall announce the outcome of the referendum announcement in the collection
immediately after the law
and the deadline for the submission of) the design of the Constitutional Court on the issue of
an appeal against a decision procedure for the implementation of the referendum
and the proposal was not filed on time or made a proposal was rejected
(b)) of the enforceability of the last constitutional court, which was
rejected a proposal for the review of constitutionality and legality of the procedure for
the implementation of the referendum.
(2) the notice of the President on the outcome of the referendum has
and the number of voters); is equal to the number of valid votes cast pursuant to §
34 para. 1 (b). (d)),
(b)), the total number of "Yes" votes and the total number of votes "no",
c) an indication of whether the accession of the Czech Republic to the European Union was in the
the referendum approved or unapproved.
§ 39
Closure of District Commission
The activity of the District Commission in the referendum is suspended on the fifteenth day after the
the publication of the notice of the President on the outcome of the referendum in the collection
laws or the announcement of the award of the Constitutional Court, which this Court
decided that the referendum has taken place, in accordance with the constitutional law or with
This Act.
section 40
Time limits
(1) within the time limit does not count the day determined for the beginning of the period; It
does not apply in the case of the time limit specified by the hour.
(2) the time limits specified by the hour expires within hours,
the same with the hour, when there was a fact which determined the start
the time limits.
(3) a period expressed in days, is maintained, if the last day of the period
performed by the competent authority, not later than 4 pm.
(4) the time limits cannot be extended or waived their judgment.
§ 41
The use of administrative procedure
The procedure under this Act are not covered by the administrative code.
§ 42
Powers of execution
(1) the Ministry of the Interior shall lay down the procedure for implementing regulation
municipal authorities in drawing up and management of specific lists.
(2) the Ministry of the Interior after consultation with the Czech Statistical Office
the implementing regulation sets out
and municipalities in custody) the tasks of the ballots and other documents about
the implementation of the referendum,
b) patterns the documents necessary to the implementation of the referendum.
(3) the Ministry of the Interior after consultation with the Ministry of labour and
Social Affairs and the Ministry of Finance shall lay down the implementing
provision of special payments for the performance of a member of the District Commission,
payment method and payment.
PART TWO
Amendment of the Act on the Constitutional Court
§ 43
Act No. 182/1993 Coll., on the Constitutional Court, as amended by law no 331/1993
Coll., Act No. 237/1995 Coll., Act No. 77/1998 Coll., Act No. 18/2000
Coll., Act No. 132/2000 Coll., Act No. 48/2002 Coll., Act No. 202/2002
Coll. and Act No. 320/2002 Coll., is amended as follows:
1. In article 11 (1) 2, letter e) the following points (f) and (g)))
shall be added:
"(f)) an appeal against a decision of the President of the Republic, that the
a referendum on the accession of the Czech Republic to the European Union nevyhlásí
According to the article. 87 para. 1 (b). l) of the Constitution,
g) about whether the procedure for the implementation of the referendum on the accession of the Czech
Republic to the European Union is in accordance with the constitutional law on referendum
accession of the Czech Republic to the European Union and with the law issued by his
According to the article. 87 para. 1 (b). (m)) of the Constitution, ".
Subparagraph (f)) to (j)) are known as the letters h) to (l)).
2. in paragraph 14, the words "(a). a) to (h)) "shall be replaced by" subparagraph (a). a) to (j)) ".
3. in section 21 para. 1 and in section 24, the words "(a). (f)) "shall be replaced by" subparagraph (a).
(h)) ".
4. In § 43 para. 2 (a). (b)), after the words "paragraph. 1 to 4 of "the words
"or under section 125d".
5. In paragraph 57, at the end of paragraph 1, the period is replaced by a comma and the following
letters e) and (f)), which read as follows:
"e) an appeal against a decision of the President of the Republic, that the
a referendum on the accession of the Czech Republic to the European Union, nevyhlásí
(f)) about whether the procedure for the implementation of the referendum on the accession of the Czech
Republic to the European Union is in accordance with the constitutional law on referendum
accession of the Czech Republic to the European Union and with the law issued by his
implementation. ".
6. In § 58 para. 2 the words "(a). (b)), and (c)) "shall be replaced by" subparagraph (a). (b)),
(c)), e) and (f)) ".
7. In article 71a of paragraph 1. 1, point (b)) the following new point (c)), which read as follows:
"(c)) the Group of at least 41 members or a group of at least 17 senators from
the moment was declared the outcome of the referendum, which has been given the consent to
the ratification of international treaties, to the moment when the President of the Republic
ratified, ".
Letter c) is renumbered as paragraph (d)).
8. In article 71a of paragraph 1. 2, after the words "(a). (b)) "the words" and (c)) ".
9. in part two, the title of the second section complements the ninth tenth section,
that including the title reads as follows:
"The tenth Section
In cases concerning the referendum on the accession of the Czech Republic to the European
Union
Proceedings of the nevyhlášení referendum
section 125a
Submission of the proposal
(1) an appeal against a decision of the President of the Republic, that the
the repeated referendum on the accession of the Czech Republic to the European Union
nevyhlásí may make the Government or jointly by at least two-fifths of the members
or jointly by two-fifths of the Senators within 20 days from the date of the decision
President of the Republic, that the referendum nevyhlásí or from the date of expiry of the
the 30-day period referred to in article 14(2). 4 constitutional law on referendum
accession of the Czech Republic to the European Union, without the President of the
the Republic referendum declared or decided that the referendum nevyhlásí.
(2) the proposal of a group of MPs or senators ' group referred to in paragraph 1 shall
be signed set number of deputies or senators.
(3) on the proposal submitted pursuant to paragraph 1 shall inform the Constitutional Court of the Constitutional
the Court of the President without delay.
(4) Constitutional Court shall discuss the proposal referred to in paragraph 1, excluding the order in which
It has received, and without undue delay.
section 125b
Parties to the proceedings
The party is next to the plaintiff always President of the Republic and also
the Government.
§ 21A.125c
Find and its legal consequences
If the Constitutional Court accepts the proposal, lodged under section 125a, finding said,
the President of the Republic is obliged to hold a referendum to declare, within 10 days from the date of
the announcement of the decision of the Constitutional Court, so that the referendum held in the
the period beginning on the 30th day and ending on the 60th day after the publication of
the referendum. If the Constitutional Court confirms the decision of the President of the Republic,
the proposal will be rejected.
Proceedings on the illegality of the procedure for a referendum
§ 125d
Submission of the proposal
(1) proposal for a decision on whether the procedure for the implementation of
the referendum on the accession of the Czech Republic to the European Union is in accordance with the
the constitutional law on the referendum on the accession of the Czech Republic to the European
Union or with the law issued for its implementation, every citizen can lodge
eligible to vote in the referendum, and no later than 10 days from the date in
which ended up voting in the referendum.
(2) a proposal submitted pursuant to paragraph 1 to the Constitutional Court, as well as the
the rejection of the proposal, it shall notify without delay to the President of the Republic, the Constitutional Court.
(3) the Constitutional Court shall discuss the proposal referred to in paragraph 1, excluding the order in which
It has received, and without undue delay.
section 125e
Parties to the proceedings
The party is next to the applicant by the competent authority for a referendum.
Section 125f
Find and its legal consequences
(1) If, after completion of the proceedings, the Constitutional Court concluded that the procedure for
the implementation of the referendum was not in accordance with the constitutional law on referendum
accession of the Czech Republic to the European Union or of the law issued by the
its implementation, and could be affected by the result of non-compliance identified
the referendum, the Constitutional Court said that the finding of the
and in the implementation of the referendum) the procedure was not in accordance with those laws,
provisions, and indicate which provisions of the constitutional law on referendum
accession of the Czech Republic to the European Union, or which provisions
the law issued for its implementation have been violated,
(b) the outcome of the referendum, nevyhlásí),
(c) the President of the Republic shall declare a referendum) again.
(2) If, after completion of the proceedings, the Constitutional Court concluded that the procedure for
the implementation of the referendum was in line with the constitutional law on referendum
accession of the Czech Republic to the European Union and with the law issued by his
the design, discovery, decides that the referendum was carried out in accordance with the
the constitutional law on the referendum on the accession of the Czech Republic to the European
the Union and the law issued for its implementation, and a proposal will be rejected. As well
decide if after completion of the procedure, the procedure for
the implementation of the referendum was not in accordance with the constitutional law on referendum
accession of the Czech Republic to the European Union or of the law issued by the
its implementation, however, the result of the referendum could not be found
non-compliance affected. ".
PART THREE
Amendment of the law on the collection of laws and the Collection of international treaties
§ 44
In section 2 (2). 1 (b). (d)) of the Act No. 309/1999 Coll., on the collection of laws and
The collection of international treaties, the words "decisions of the President
of the Republic, "the words" notification of the President on the outcome of
the referendum ".
PART FOUR
The EFFECTIVENESS of the
§ 45
This Act shall take effect on the date of its publication.
Fort Worth Star Telegram in r.
Klaus r.
Spidla in r.
1) constitutional law no 515/2002 Coll., on the referendum on the accession of the Czech
Republic to the European Union and amending Constitutional Act No. 1/1993 Coll.,
Constitution of the Czech Republic, as subsequently amended and the constitutional laws.
2) section 26 of Act No. 491/2001 Coll. on elections to the Councils of the municipalities and the
amendments to certain laws.
3) § 10 and 855 of the civil code.
§ 9 para 4). 4 of Act No. 20/1966 Coll., on the health care of the people, as amended by
amended.
section 69 of the Act No. 258/2000 Coll., on the protection of public health and amending
some related laws.
5) § 6 para. 1 and 2 of Act No. 221/1999 Coll., on professional soldiers, in
amended by Act No. 254/2002 Coll.
6) articles 2 and 4 of the Constitutional Act No. 515/2002 Coll.
7) article 4 of the Constitutional Act No. 515/2002 Coll.
8) section 28 of Act No. 491/2001 Coll.
9) § 37 para. 3 of Act No. 222/1999 Coll., on ensuring the defence of the Czech
of the Republic.
10) Act No. 133/2000 Coll., on registration of the population and the birth numbers and
amendments to certain laws (law on population register), as amended
regulations.
11) section 4 of Act No. 293/1993 Coll. on remand.
section 5 of the Act No. 169/1999 Coll., on the imprisonment and amending
some related laws.
12) § 6 para. 5 of Act No. 247/1995 Coll., on elections to the Parliament of the Czech
Republic and amending and supplementing certain other acts, as amended by
amended.
13) section 1 of the Act No. 312/2002 Coll., on the establishment of municipalities charged with municipal
the Office and the establishment of municipalities with extended powers.
14) Act No. 130/2000 Coll., on elections to the regional councils and amending
certain acts, as amended.
15) section 20 (2). 1 Act No. 491/2001 Coll.
16) § 117 paragraph 1. 3 of Act No. 128/2000 Coll., on municipalities (municipal establishment), in
amended by Act No. 273/2001 Coll.
17) Act No. 3/1993 Coll., on State symbols of the Czech Republic, as amended by
Act No. 152/1998 Coll.
18) section 20 of Act No. 40/1993 Coll. on acquisition and loss of
citizenship of the Czech Republic, as amended.
19) Act No. 326/1999 Coll., on civil, as amended
regulations.
20) Act No. 326/1999 Coll. on travel documents and on the amendment of Act No.
283/1991 Coll., on the police of the Czech Republic, as subsequently amended,
(the law on travel documents), as amended.
21) section 125a et seq.. Act No. 182/1993 Coll., on the Constitutional Court, as amended by
Act No. 114/2003 Coll.
22) of section 124 of the labour code.
