Amendment To The Constitution Of The Czech Republic

Original Language Title: změna Ústavy České republiky

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395/2001 Coll.


of 18 July 2003. October 2001,

amending the Constitutional Act of the Czech National Council No. 1/1993 Coll., the Constitution of the

The Czech Republic, as amended

Parliament has passed on this constitutional law of the Czech Republic:

Article. (I)

The constitutional law of the Czech National Council No. 1/1993 Coll., Constitution of the Czech Republic,

as amended by Constitutional Act No. 347/1997 Coll. and Constitutional Act No.

300/2000 is amended as follows:

1. In article. 1 the present text becomes paragraph 1 and the following

paragraph 2, which reads as follows:

"(2) the Czech Republic complies with the obligations under the

of international law. ".

2. Article. 10:

"Article. 10

Renowned international treaties, to whose ratification Parliament has given

consent and which the Czech Republic is bound, are part of the legal order;

If something other than the international treaty law, the

the international treaty. ".

3. For the article. 10 the following articles 10a and 10b are inserted:

"Article. 10A

(1) the international agreement can be some of the powers of the Czech

of the Republic transferred to an international organization or institution.

(2) the ratification of international agreements referred to in paragraph 1 shall be

Parliament's consent, unless the constitutional law that ratification is

require the consent of the referendum.

Article. 10B

(1) the Government regularly inform Parliament in advance of the issues

related to the obligations arising from membership of the Czech Republic in

international organization or institution listed in the article. 10A.

(2) the Chamber of Parliament shall be expressed to the proposal for a decision of 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

outwardly, it may entrust the performance of the chambers referred to in paragraph 2 of the joint

authority of the Chambers. ".

4. In article. 39 paragraph 4 is added:

"(4) to the adoption of a Constitutional Act and consent to the ratification of international

the contracts referred to in the article. 10A, paragraph. 1 a three-fifth majority of the consent should be

a three-fifth majority of all deputies and senators present. ".

5. Article. 49:

"Article. 49

To ratification of international treaties

and) governing the rights and obligations of persons,

(b)), peacekeeping and other allied political,

(c)) from which the membership of the Czech Republic in an international organization,

(d)) economic, which are of a general nature,

(e)) of the other matters to which the adjustment is a reserved Act, it should be

the consent of both chambers of Parliament. ".

6. Article. 52:

"Article. 52

(1) the validity of a law is to be promulgated.

(2) the method of publication of the Act and international treaty stipulates the law. ".

7. In article. paragraph 87. 1 letters and) and (b)):

"and) laws or their individual provisions, if they are in

contrary to the constitutional order,

(b)) other legal regulations or their individual

provisions, if they are in conflict with the constitutional order or by law ".

8. In article. 87 after paragraph 1 the following paragraph 2 is added:

"(2) the Constitutional Court also 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

the decision of the Constitutional Court cannot be ratified treaty. ".

Paragraph 2 becomes paragraph 3.

9. In article. 88, paragraph 2 reads:

"(2) the Constitutional Court judges are bound only by when making its decision

the constitutional order and the law referred to in paragraph 1. ".

10. In article. 89, the following paragraph 3 is added:

"(3) the decision of the Constitutional Court, which according to the article. paragraph 87. 2

According to the non-compliance of the international treaty with constitutional order, prevent

ratification of the Treaty until such time as the inconsistency will be removed. ".

11. Article. 95:

"Article. 95

(1) a judge is bound by the law when making decisions and international treaty

that is part of the rule of law; is entitled to assess the compliance of another

legislation with the law or with such international treaty.

(2) if the Court concluded that the law, which has to be in the solution of the matter

used, is in conflict with the constitutional order, refer the matter to the constitutional

Court. ".

Article II

The effectiveness of the

This constitutional law shall take effect on 1 January 2005. June 2002.

Klaus r.

Havel in r.

Zeman in r.