Constitutional Law of the Czech National Council of 16th December, 1992 THE CONSTITUTION of the CZECH REPUBLIC

PREAMBLE

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 sound traditions of the ancient statehood of the Crown Lands of Bohemia as well as to those of the Czechoslovak statehood, determined to build up, protect and develop the Czech Republic in the spirit of the inviolable values of human dignity and liberty as a homeland of equal, free citizens, who are aware of their duties towards others and of their responsibility to society as a whole, as a free and democratic state, based on respect for human rights and on the principles of a civic society, as a part of the family of the democracies of Europe and of the world, determined to act together in safeguarding and developing the inherited natural and cultural, material and spiritual wealth, determined to abide by all the well-proven principles of law-governed state, hereby adopt, through our freely elected representatives, the following Constitution of the Czech Republic.

CHAPTER ONE

FUNDAMENTAL PROVISIONS

Article 1

The Czech Republic shall be a sovereign, united and democratic law-governed state, based on respect for the rights and freedoms of Man and of the citizen.

Article 2

(1) The people shall be the source of all power in the state; they shall exercise it through the authorities of legislative, executive and judicial power.

(2) A constitutional law may determine the instances when the people are to exercise state power directly.

(3) State power shall serve all citizens and may be applied only in the instance, within the limits and in the ways prescribed by law.

(4) Every citizen may do what is not forbidden by law, and nobody may be compelled to do what the law does not prescribe.

Article 3

The Charter of Fundamental Rights and Freedoms shall form part of the Czech Republic's constitutional order.

Article 4

The fundamental rights and freedoms shall be under the protection of the judicial power.

Article 5

The political system shall be based on the free and voluntary emergence and free competition of political parties respecting the basic democratic principles and rejecting violence as a means of furthering their interests.

Article 6

Political decisions shall stem from the will of the majority, expressed by means of a free vote. The majority's decisions must heed the protection of the minorities.

Article 7

The state shall take care that the natural resources are exploited economically and that Nature's wealth is duly protected.

Article 8

The self-administration of territorial self-governing units shall be guaranteed.

Article 9

(1) The Constitution may be supplemented or amended only by constitutional laws.

(2) No change shall be permissible in the essential foundation of the democratic, law-governed state.

(3) No interpretation of any legal regulations may justify the abolition or endangerment of the foundations of the democratic state.

Article 10

The raified and promulgated international treaties on human rights and fundamental freedoms, by which the Czech Republic is bound, shall be applicable as directly binding regulations, having priority before the law.

Article 11

The territory of the Czech Republic shall form an indivisible entirety, whose state boundaries may be altered only by a constitutional law.

Article 12

(1) The ways of acquiring and losing the state citizenship of the Czech Republic shall be regulated by law.

(2) Nobody may be deprived of the state citizenship against his will.

Article 13

The capital city of the Czech Republic shall be Prague.

Article 14

(1) The state symbols of the Czech Republic shall be the large and the small state emblems,the state colours, the state flag, the banner of the President of the Republic, the state seal and the state (national) anthem.

(2) Particulars of the state symbols and their use shall be regulated by law.

CHAPTER TWO

LEGISLATIVE POWER

Article 15

(1) Legislative power in the Czech Republic shall belong to Parliament.

(2) The Parliament shall consist of two chambers, namely, the Chamber of Deputies and the Senate.

Article 16

(1) The Chamber of Deputies shall have 200 Deputies, elected for a term of four years.

(2) The Senate shall have 81 Senators, elected for a term of six years. The election of one-third of the Senators shall be held every two years.

Article 17

(1) The election to both the chambers shall be held in the course of the period beginning with the thirtieth day before the expiration of the election term and ending on the date of its expiration.

(2) If the Chamber of Deputies has been dissolved, the election shall be held within sixty days following its dissolution.

Article 18

(1 ) The elections to the Chamber of Deputies shall be carried out by secret ballot on the basis of universal, equal and direct franchise, according to the principle of proportional representation.

(2) The elections to the Senate shall be carried out by secret ballot on the basis of universal, equal and direct franchise, according to the majority-system principle.

(3) Every citizen of the Czech Republic who has reached the age of 18 years shall have the right to vote in the elections.

Article 19

(1) Any citizen of the Czech Republic who has the right to vote and has reached the age of 21 years may be elected to the Chamber of Deputies.

(2) Any citizen of the Czech Republic who has the right to vote and has reached the age of 40 years may be elected to the Senate.

(3) The mandate of a Deputy or of a Senator shall commence with the election.

Article 20

Other conditions concerning the exercise of the right to vote, the organization of the elections and the extent of judicial re-examination shall be prescribed by law.

Article 21

Nobody can be simultaneously a member of both the chambers of Parliament.

Article 22

(1) Incompatible with the function of a Deputy or of a Senator shall be the exercise of offices of the President of the Republic, or by the date on which he has taken over the function of a judge or another function incompatible with the function of a Deputy or of a Senator, his mandate of Deputy or Senator shall terminate.

(2) By the date on which a Deputy or a Senator has taken over the office of the President of the Republic, or by the date on which he has taken over the function of a judge or another function incompatible with the function of a Deputy or of a Senator, his mandate of Deputy or Senator shall terminate.

Article 23

(1) A Deputy shall take a vow at the first meeting of the Chamber of Deputies which he attends.

(2) A Senator shall take a vow at the first meeting of the Senate which he attends.

(3) The vow of a Deputy and of a Senator shall be worded as follows: "I promise allegiance to the Czech Republic. I promise upon my honour to exercise my mandate in the interest of all the people and according to the best of my knowledge and conscience."

Article 24

A Deputy or a Senator may renounce his mandate by a declaration made personally at a meeting of the chamber whose member he is. If he is prevented from doing so by imnortant circumstances, he shall proceed in the manner prescribed by law.

Article 25

The mandate of a Deputy or of a Senator shall terminate
a) by a refusal to take the vow or by the taking of the vow with a reservation,
b) with the expiration of the election term,
c) by a renouncement of the mandate,
d) by the loss of eligibility,
e) for Deputies, by the dissolution of the Chamber of Deputies,
f) with the commencement of the incompatibility of functions according to Article 22.

Article 26

Deputies and Senators shall exercise their mandate persona!ly in accordance with their vow, without being bound, in doing so, by any orders.

Article 27

(1) Neither a Deputy nor a Senator may be held accountable for his voting in the Chamber of Deputies or in the Senate or within their organs.

(2) A Deputy or a Senator cannot be prosecuted for statements made in the Chamber of Deputies or in the Senate or within their organs. A Deputy or a Senator shall only be subject to the disciplinary jurisdiction of the chamber whose member he is.

(3) For minor offence (misdemeanours), a Deputy or a Senator shall only be subject to the disciplinary jurisdiction of the chamber whose member he is, unless the law provides otherwise.

(4) Neither a Deputy nor a Senator may be prosecuted without the consent of the chamber whose member he is. If the chamber refuses to give consent, prosecution shall be ruled out for ever.

(5) A Deputy or a Senator may be detained (arrested) only if he has been caught in the act of committing a criminal offence or immediately after. The authority (officer) concerned must immediately report the detention to the Chairman of the chamber whose member the detained person is; if the Chairman of the chamber does not give his consent, within 24 hours following the detention, for the detained person to be committed to a law court, the authority concerned must release him. At its first subsequent meeting, the chamber shall adopt the final decision as to whether prosecution is permissible.

Article 28

A Deputy as well as a Senator shall have the right, even after having ceased to be a Deputy or a Senator, to refuse to testify about matters which he came to know in connection with the exercise of his mandate.

Article 29

(1) The Chamber of Deputies shall elect and recall the Chairman and the Vice-Chairman of the Chamber of Deputies.

(2) The Senate shall elect and recall the Chairman and the Vice-Chairman of the Senate.

Article 30

(1) For the purpose of investigating a matter of public interest, the Chamber of Deputies may set up an inquiry commission, if this has been proposed by at least one-fifth of the Deputies.

(2) The proceedings before the commission shall be regulated by law.

Article 31

(1) The chambers shall establish committees and commissions to function as their organs.

(2) The activities of the committees and commissions shall be regulated by law.

Article 32

A Deputy or a Senator who is a member of the Government cannot be the Chairman or a Vice-Chairman of the Chamber of Deputies or of the Senate, nor can he be a member of the Parliamentary committees, of an inquiry commission or of other commissions.

Article 33

(1 ) In the event that the Chamber of Deputies should be dissolved, it shall be up to the Senate to adopt legislative measures in order to regulate matters which cannot be delayed and would otherwise require the adoption of a law.

(2) The Senate shall not, however, be competent to adopt legislative measures in matters concerning the Constitution, the state budget, the final account of the state, the election law and international treaties according to Article 10.

(3) A legislative measure can be proposed to the Senate only by the Government.

(4) A legislative measure of the Senate shall be signed by the Chairman of the Senate, by the President of the Republic and by the Prime Minister; it shall be promulgated in the same way as a law.

(5) A legislative measure of the Senate must be approved by the Chamber of Deputies at its first meeting. If it fails to be approved by the Chamber of Deputies, it shall cease to be effective.

Article 34

(1 ) The sessions of the chambers shall be permanent. The session of the Chamber of Deputies shall be convened by the President of the Republic in good time to be inaugurated not later than on the thirtieth day following the date of election; if he does not do so, the Chamber of Deputies shall meet on the thirtieth day following the date of the election.

(2) The session of a chamber may be interrupted as a result of its resolution. The total length of the time for which a session may be interrupted must not exceed one hundred and twenty days in a year.

(3) During the interruption of a session, the Chairman of the Chamber of Deputies or of the Senate may convene a meeting of the chamber before the fixed date. He shall invariably do so if this has been asked for by the President of the Republic, by the Government or by at least one-fifth of the members of the chamber concerned.

(4) The session of the Chamber of Deputies shall end with the expiration of its election term or by its dissolution.

Article 35

(1) The Chamber of Deputies may be dissolved by the President of the Republic, if
a)the Chamber of Deputies has failed to express confidence to the newly-appointed Government whose Chairman (the Prime Minister) has been appointed by the President of the Republic on the basis of a proposal made by the Chairman of the Chamber of Deputies,
b)the Chamber of Deputies fails to reach a final decision, within three months, on the draft of a Government bill with the consideration of which the Government has connected the question of confidence,
c) the session of the Chamber of Deputies has been interrupted for a longer time than permissible,
d) the Chamber of Deputies has proved unable to constitute a quorum for a period longer than three months, although its session has not been interrupted and despite the fact that it has been repeatedly convened for a meeting during the period in question.

(2) The Chamber of Deputies cannot be dissolved in the course of the three months preceding of its election term.

Article 36

The meetings of the chambers shall be open to the public. The public may be excluded only under the conditions laid down by law.

Article 37

(1) A joint meeting of the chambers shall be convened by the Chairman of the Chamber of Deputies.

(2) The deliberations of the joint meeting shall be governed by the orders of procedure of the Chamber of Deputies.

Article 38

(1) A member of the Government shall have the right to attend the meetings of both the chambers, of their committees and commissions. He shall be enabled to take floor whenever he asks for it.

(2) A member of the Government must turn up in person at a meeting of the Chamber of Deputies on the basis of its decision. This rule shall also apply to the meetings of a committee, a commission or the inquiry commission, though there the member of the Government may be represented by his deputy or by another member of the Government, unless his personal presence is expressly required.

Article 39

(1) The chamber can adopt valid decisions in the presence of at least one-third of their members.

(2) The adoption of a decision (resolution) of a chamber shall require the supporting vote of a simple majority of the Deputies or Senators present, unless the Constitution provides otherwise.

(3) For the adoption of a resolution on the declaration of a state of war and for the adoption of a resolution sanctioning the deployment of foreign troops on the territory of the Czech Republic, the supporting vote of a simple majority of all Deputies and or a simple majority of all Senators shall be required.

(4) The quorum required for the enactment of a constitutional law and for the approval of an international treaty according to Article 10 shall be a majority of three-fifths of all Deputies and a majority of three-fifths of the Senate present.

Article 40

For the enactment of a general-election law, of a law regulating the principles underlying the deliberations and contacts of both the chambers in mutual and external relations, and of the law prescribing the rules of procedure of the Senate, the approval of both the Chamber of Deputies and of the Senate shall be required.

Article 41

(1) Drafts of proposed laws (bills) have to be submitted to the Chamber of Deputies.

(2) A bill may be submitted by a Deputy, by a group of Deputies, by the Senate, by the Government or by the board of representatives of a higher-level territorial self-government unit.

Article 42

(1 ) The state budget bill and the bill of the final account of the state have to be submitted by the Government.

(2) These bills shall be considered and decided upon, at a meeting open to the public, only by the Chamber of Deputies.

Article 43

(1 ) The Parliament may decide on the declaration of a state of war, if the Czech Republic has been attacked or if it is necessary to fulfil international contractual obligations concerning collective defence against aggression.

(2) Armed forces may be sent outside the territory of the Czech Republic only with the consent of both the chambers.

Article 44

(1) The Government shall have the right to state its opinion on all draft legislation.

(2) If the Government does not state its opinion within thirty days following the delivery of a bill, it shall be presumed that its attitude has been positive.

(3) The Government shall be entitled to require that the Chamber of Deputies should conclude the consideration of a Government bill within three months following its submission, it the Government has connected with it the request for the expression of confidence.

Article 45

Once the Chamber of Deputies has expressed its agreement with a bill, it shall refer it to theSenate without undue delay.

Article 46

(1) The Senate shall consider the bill and reach a decision on it within thirty days following its delivery.

(2) By its decision, the Senate shall approve or reject the bill or return it to the Chamber of Deputies with proposed amendments, or express the will not to deal with it any more.

(3) If the Senate does not express its opinion within the time limit specified in paragraph 1, it shall be presumed that the bill has been adopted (enacted).

Article 47

(1) If a bill is rejected by the Senate, the Chamber of Deputies shall vote on it again. The bill is adopted if it has been approved by a simple majority of all Deputies.

(2) If a bill is returned to the Chamber of Deputies by the Senate with recommended amendments, the Chamber of Deputies shall vote on its version approved by the Senate. By its positive decision the is adopted.

(3) If the Chamber of Deputies does not approve the bill in the version approved by the Senate, it shall vote again on the bill in the wording in which it was presented to the Senate. The bill is adopted if it has been approved by a simple majority of all Deputies.

(4) No amendments shall be permissible when a rejected or returned bill is under consideration by the Chamber of Deputies.

Article 48

If the Senate has expressed the will not to deal with a bill any more, the bill is adopted by such a decision.

Article 49

(1) International treaties requiring the agreement of Parliament shall be approved by the Parliament in the same way as a draft legislation (bills).

(2) The Parliament's agreement shall be required for treaties concerning human rights and fundamental freedoms, political treaties and economic treaties of a general nature, as well as those treaties for the implementation of which a law is needed.

Article 50

(1) The President of the Republic shall have the right to return an adopted law, with the exception of a constitutional law, with a substantiating commentary, within fifteen days following the date on which it has been delivered to him.

(2) The Chamber of Deputies shall vote on the returned law again. No amendments shall be permissible. It the Chamber of Deputies reaffirms the returned law by a simple majority of all Deputies,the law shall be promulgated. Otherwise the inference shall be that the law has not been adopted (enacted).

Article 51

The adopted laws shall be signed by the Chairman of the Chamber of Deputies, by the President of the Republic and by the Prime Minister.

Article 52

In order to become effective, a law must be promulgated. The manner of promulgation shall be prescribed by law. The same shall apply to international treaties approved by Parliament.

Article 53

(1) Every Deputy shall have the right to interpellate the Government or its members about the matters belonging to their spheres of competence.

(2) The interpellated members of the Government shall reply to the interpellation within thirty days following the date on which it was made.

CHAPTER THREE

EXECUTIVE POWER

The President of the Republic

Article 54

(1) The President of the Republic shall be the head of the state.

(2) The President of the Republic shall be elected by Parliament at a joint meeting of both the chambers.

(3) The President of the Republic shall not be answerable for the exercise of his function.

Article 55

The President of the Republic shall enter upon his office by taking the vow. The election term of the President of the Republic shall be five years, commencing by the date on which he takes the vow.

Article 56

The election shall be held in the course of the last thirty days of the election period of the President of the Republic in office. If the office of the President of the Republic is vacated, the election shall be held within thirty days.

Article 57

(1) Any citizen who is eligible for the Senate may be elected President of the Republic.

(2) Nobody may be elected more than twice in succession.

Article 58

(1) A candidate may be nominated by a group of at least ten Deputies or ten Senators.

(2) Elected as President of the Republic shall be the candidate supported by a simple majority vote of all Deputies as well as by a simple majority vote of all Senators.

(3) If none of the candidates has won the support of a simple majority vote of all Deputies and all Senators, a second round of the election shall be held within a fortnight.

(4) Qualified for the second round shall be the candidate who has won the highest number of votes in the Chamber of Deputies, as well as the candidate who has won the highest number of votes in the Senate.

(5) If there are several candidates who have won the same highest number of votes in the Chamber of Deputies, or several candidates who have won the same highest number of votes in theSenate, the votes polled for them in both the chambers shall be added up. Qualified for the second round shall be the candidate who has thus won the highest number of votes.

(6) Elected should be the candidate who has won a simple majority vote of the Deputies present as we!l, as a simple majority vote of the Senators present.

(7) It the President of the Republic has not been elected even in the second round, a third round of the election shall be held within a fortnight; elected in this third round shall be the candidate of those of the second round who has won a simple majority vote of the Deputies and Senators present.

(8) If no President of the Republic has been elected even in the third round, a new election has to be held.

Article 59

(1) The President of the Republic shall take a vow, to be received by the Chairman of the Chamber of Deputies, at a joint meeting of both the chambers.

(2) The vow of the President of the Republic shall be worded as follows: "I promise allegiance to the Czech Republic. I promise to observe its Constitution and laws. I promise upon my honour to exercise my office in the interest of all the people and according to the best of my knowledge and conscience."

Article 60

If the President of the Republic refuses to take the vow or if he takes It with a reservation, he shall be regarded as not having been elected.

Article 61

The President of the Republic may resign from his office, addressing the resignation to theChairman of the Chamber of Deputies.

Article 62

The President of the Republic shall
a) appoint and recall the Prime Minister and other members of the Government and accept their resignations, recall the Government and accept its resignation,
b) convene sessions of the Chamber of Deputies,
c) authorize the Government whose resignation he has accepted or which he has recalled, to continue to exercise its functions temporarily, until a new Government has been appointed,
e) appoint the judges of the Constitutional Court, as well as its Chairman and Vice-Chairman,
f) appoint, from amongst judges, the Chairman and the Vice-Chairman of the Supreme Court,
g) forgive and mitigate sentences imposed by courts, order that criminal proceedings should not be instituted, or if they have been instituted, that they should be discontinued, and allow judicial sentences to be deleted from personal records,
h) have the right to return to Parliament an adopted law, with the exception of a constitutional law,
i) sign laws,
j) appoint the President and the Vice-President of the Supreme Control Office,
k) appoint the members of the Banking Council of the Czech National Bank.

Article 63

(1) Furthermore, the President of the Republic shall
a) represent the state in external relations,
b) negotiate and ratify international treaties; he may transfer the negotiation of international, treaties to the Government or, with the Government's consent, to its individual members,
c) be the supreme commander of the armed forces,
d) receive the heads of foreign diplomatic missions,
e) appoint and recall the heads of diplomatic missions,
f) call elections to the Chamber of Deputies and to the Senate,
g) appoint and promote generals,
h) bestow and award state distinctions, unless he authorizes another organ (body) to do so,
i) appoint judges,
j) have the right to grant amnesty.

(2) The President of the Republic shall also be entitled to exercise powers which are not specifically mentioned in a constitutional law, if authorized by law to that effect.

(3) In order to be effective, a decision of the President of the Republic issued according to paragraph 1 and 2 must be countersigned by the Prime Minister or by a member of the Government authorized by him.

(4) The responsibility for the President of the Republic's decision which needs to be countersigned by the Prime Minister or by a member of the Government authorized by him, shall be borne by the Government.

Article 64

(1) The President of the Republic shall have the right to attend the meetings of both the chambers of Parliament, of their committees and commissions. He shall be enabled to take the floor whenever he asks for it.

(2) The President of the Republic shall have the right to attend meetings of the Government, request reports from the Government or its members, and discuss with the Government or its members matters within its or their responsibility.

Article 65

(1) The President of the Republic cannot be detained (arrested) or prosecuted, nor can an action or charge be brought against him for breach of the law or for an offence of an administrative nature.

(2) The President of the Republic can only be prosecuted for high treason and tried by the Constitutional Court on the basis of an action brought by the Senate. The penalty can be the loss of the Presidential Office and of the qualification to regain it.

(3) The prosecution for any criminal offence committed during the exercise of the function of President of the Republic shall be ruled out for ever.

Article 66

If the office of the President of the Republic becomes vacant and the new President of the Republic has not yet been elected or has not taken the vow, as well as if the President of the Republic cannot exercise his office for important reasons, and if the Chamber of Deputies and the Senate have adopted a decision to that effect, the Prime Minister shall be authorized to exercise the functions specified in Article 63 paragraph 1 items a), b), c), d), e), h), i), j), and Article 63 paragraph 2) At the time when the Prime Minister is exercising the specified functions of the President of the Republic, the Chairman of the Chamber of Deputies shall be authorized to exercise the functions of the President of the Republic specified in Article 62 items a), b), c), d), e), and k); if the office of the President of the Republic becomes vacant at a time when the Chamber of Deputies is dissolved, these functions shall be exercised by the Chairman of the Senate.

THE GOVERNMENT

Article 67

(1) The Government shall be the supreme authority of executive power.

(2) The Government shall consist of the Prime Minister, Deputy Prime Ministers and Ministers.

Article 68

(1) The Government shall be accountable to the Chamber of Deputies.

(2) The Prime Minister shall be appointed by the President of the Republic; upon his proposal,the President shall appoint the other members of the Government and authorize them to direct ministries or other offices.

(3) Within thirty days following its appointment, the Government shall present itself to the Chamber of Deputies and ask it for an expression of confidence.

(4) If a newly-appointed Government fails to gain the confidence of the Chamber of Deputies, further procedure shall be governed by the provisions of paragraphs 2 and 3. If even the Government appointed in this way fails to gain the confidence of the Chamber of Deputies, the President of the Republic shall appoint a Prime Minister nominated by the Chairman of the Chamber of Deputies.

(5) In other instances, the President of the Republic shall appoint and recall the members of the Government upon the Prime Minister's proposal and authorize them to direct ministries or other offices.

Article 69

(1) A member of the Government shall take a vow directed to the attention of the President of the Republic.

(2) The vow of a member of the Government shall be worded as follows: "I promise allegiance to the Czech Republic. I promise to observe its Constitution and laws and to put them into effect. I promise upon my honour to exercise my office conscientiously and not to misuse my position.

Article 70

A member of the Government must not be engaged in any activities whose nature is incompatible with the exercise of his function. Particulars shall be prescribed by law.

Article 71

The Government may address to the Chamber of Deputies a request for the expression (a vote) of confidence.

Article 72

(1) The Chamber of Deputies may express an attitude of "no confidence" to the Government.

(2) A proposal for a vote of "no confidece" to be expressed to the Government shall be considered by the Chamber of Deputies only if it has been submitted in writing by a group of at least fifty Deputies. For the approval of the proposal, a simple majority vote of all Deputies shall be required.

Article 73

(1) The Prime Minister may tender his resignation to the President of the Republic. The other members of the Government may tender their resignations to the President of the Republic through the Prime Minister.

(2) The Government shall resign if the Chamber of Deputies has turned down its request for the expression of confidence, or if it has expressed "no confidence." The Government shall invariably resign after the constituent meeting of a newly-elected Chamber of Deputies.

(3) If the Government resigns according to paragraph 2, the President of the Republic shall accept the resignation.

Article 74

The President of the Republic shall recall a member of the Government, if this is proposed by the Prime Minister.

Article 75

The President of the Republic shall recall the Government which has failed to resign although it was its duty to do so.

Article 76

(1) The Government shall adopt decisions as a collective body.

(2) For the adoption of a decision by the Government, a supporting vote of a simple majority of all its members shall be required.

Article 77

(1) The Prime Minister shall organize the Government's activities, preside over its meetings, act on its behalf and carry out other activities which have been entrusted to him by the Constitutionor by other laws.

(2) The Prime Minister may be represented by a Deputy Prime Minister or by another authorized member of the Government.

Article 78

For putting a law into effect and within its limits, the Government shall be entitled to issue decrees. A decree must be signed by the Prime Minister and by the Government member concerned.

Article 79

(1) Ministries and other administrative authorities (offices) may be established and their competence may be regulated only by law.

(2) The legal status and conditions of civil servants (state employees) at ministries and other administrative offices (government authorities) shall be regulated by law.

(3) On the basis of laws and within their limits, legal regulations may be issued by ministries, by other administrative offices and by territorial self-government authorities, if they have been empowered by law to issue them.

Article 80

(1) The Office of the Prosecutor General (Attorney of State) shall represent the public prosecution in criminal proceedings; it shall also implement other tasks, if the law so provides.

(2) The status and the competence of the Office of the Prosecutor General (Attorney of State) shall be regulated by law.

CHAPTER FOUR

JUDICIAL POWER

Article 81

Judicial power shall be exercised, in the name of the Republic, by independent courts.

Article 82

(1) Judges shall be independent in the exercise of their function. Nobody shall be permitted to endanger their impartiality.

(2) A judge cannot be recalled against his will or transferred to another court; exceptions, based particularly on disciplinary responsibility, shall be specified by law.

(3) The function of a judge shall not be compatible with the function of President of the Republic, of Member of Parliament, or with any function in public administration (civil service); the law shall specify the other forms of activity with which the exercise of the function of a judge shall be incompatible.

The Constitutional Court

Article 83

The Constitutional Court shall be the judicial authority (organ) for safeguarding constitutional legality.

Article 84

(1) The Constitutional Court shall consist of 15 judges, who shall be appointed for a term of ten years.

(2) The judges of the Constitutional Court shall be appointed by the President of the Republic with the agreement of the Senate.

(3) Eligible for appointment as a judge of the Constitutional Court shall be a blameless citizen(with a clean record) who is qualified to be elected to the Senate, has university-level legal education (a law degree) and has been engaged in the legal profession for at least ten years.

Article 85

(1) A judge of the Constitutional Court shall take charge of his function by taking a vow directed to the attention of the President of the Republic.

(2) The vow of a judge of the Constitutional Court shall be worded as follows: "I promise, upon my honour and conscience, that I will safeguard the inviolability of the natural rights of Man and the rights of a citizen, abide by the constitutional laws and decide according to the best of my conviction, independently and impartially."

(3) If a judge refuses to take the vow or if he takes it with a reservation, he shall be regarded as not having been appointed.

Article 86

(1) A judge of the Constitutional Court cannot be prosecuted without the consent of the Senate. If the Senate refuses to give its consent, the prosecution shall be ruled out for ever.

(2) A judge of the Constitutional Court may be detained (arrested) only if he has been caught in the act of committing a criminal offence, or, immediately after. The appropriate authority (officer) must immediately notify the Chairman of the Senate about the detention. If the Chairman of the Senate does not give his consent, within 24 hours following the detention, for the detained person to be committed to court, the authority concerned must release him. At its first subsequent meeting, the Senate shall decide about the permissibi!ity of prosecution with final effect.

(3) A judge of the Constitutional Court shall have the right to refuse to testify, even after having ceased to be a judge of the Constitutional Court, about matters which he came to know in connection with the exercise of his function.

Article 87

(1) The Constitutional Court shall decide
a) about the annulment of laws or of their individual provisions, if they are in contradiction with a constitutional law or with an international treaty according to Article 10,
b) about the annulment of other legal regulations or of their individual provisions, if they are in contradiction with a constitutional law, with a law or with an international treaty according to Article 10,
c) about a constitutional complaint of the territorial self-government authorities against illegitimate interference by the state (government),
d) about a constitutional complaint against an effective decision and another form of interference by the authorities of public power affecting the constitutionally guaranteed fundamental rights and freedoms,
e) about a legal remedy (redress) against a decision concerning the verification of the election of a Deputy or Senator,
f) in cases of doubt, about the loss of eligibility and about the incompatibility of the exercise of functions of a Deputy or Senator, according to Article 25,
g) about the Senate's constitutional indictment against the President of the Republic according to Article 65 paragraph 2,
h) about the proposal of the President of the Republic for the annulment of a decision (resolution) of the Chamber of Deputies and of the Senate according to Article 66,
i) about the measures necessary for the implementation of an international tribunal's ruling which is binding for the Czech Republic, in case it cannot be implemented otherwise,
j) about whether a decision on the dissolution of a political party, or another decision concerning a political party's activities, is in conformity with constitutional or other laws,
k) disputes on the respective ranges of competence of state (government) authorities and territorial self-government authorities, unless the law authorizes another organ (authority) to deal with such disputes.

(2) The law may provide that, instead of the Constitutional Court, it shall be up to the Supreme Administrative Court to decide
a) about the annulment of legal regulations or of their individual provisions, if they are in contradiction with the law,
b) disputes on the respective ranges of competence of state (government) authorities and territorial self-government authorities, unless the law prescribes that such disputes should be dealt with by another organ.

Article 88

(1) The law shall specify who shall be entitled, and under what conditions, to submit a petition for the institution of proceedings by the Constitutional Court, and it shall also prescribe the procedural rules for them.

(2) In their decision-making, the judges of the Constitutional Court shall be bound only by the constitutional laws and international treaties according to Article 10 and by the law mentioned in paragraph 1.

Article 89

(1) A ruling of the Constitutional Court shall become effective as soon as it has been promulgated in the manner prescribed by law, unless the Constitutional Court has decided otherwise about its effectiveness.

(2) Effective rulings of the Constitutional Court shall be binding for all authorities and persons. Law Courts

Article 90

The main purpose of law courts shall be to provide the protection of rights in the manner prescribed by law. Only a court can decide about guilt and about penalties for criminal offence.

Article 91

(1 ) The system of law courts shall be formed by the Supreme Court, the Supreme Administrative Court, superior courts, regional courts and district courts. The law may prescribe different designations for them.

(2) The competence, jurisdiction and organization of the law courts shall be prescribed by law.

Article 92

The Supreme Court shall be the highest-level judicial authority (tribunal) in the cases falling within the jurisdiction of law courts, with the exception of matters to be decided by the Constitutional Court or by the Supreme Administrative Court.

Article 93

(1) A judge shall be appointed to his function by the President of the Republic, without a time limitation. He shall enter upon his office by taking the prescribed vow.

(2) Eligible to be appointed as a judge shall be a blameless citizen (with a clean record), who has university-level legal education (a law degree). Other prerequisites and the procedure shall be prescribed by law.

Article 94

(1) The law shall specify the instances in which judges are required to adopt decisions (rulings) collectively in a panel known as a senate, and prescribe the composition of such a body. In other instances, judges shall decide as individuals.

(2) The law may specify the instances and prescribe the ways in which other citizens, beside judges, may take part in the decision-making of law courts.

Article 95

(1) In his decision-making, a judge shall be bound by the law; he shall be entitled to assess the conformity of another legal regulation with the law.

(2) If a judge comes to the conclusion that a law which is to be applied to the solution of the matter under consideration is at variance with a constitutional law, the court shall refer the issue to the Constitutional Court.

Article 96

(1) All the parties to a law suit shall have equal rights before the court.

(2) Judicial proceedings shall be verbal and open to the public; exceptions shall be specified by law. The judgment (sentence) shall invariably be pronounced publicly.

CHAPTER FIVE

THE SUPREME CONTROL OFFICE

Article 97

(1) The Supreme Control Office shall be an independent authority. It shall supervise and control the administration of state property and the implementation of the state budget.

(2) The President and the Vice-President of the Supreme Control Office shall be appointed by the President of the Republic on the basis of nominations received from the Chamber of Deputies.

(3) The status, competence, organizational structure and other particulars shall be prescribed by law.

CHAPTER SIX

THE CZECH NATIONAL BANK

Article 98

(1) The Czech National Bank shall be the central bank of the state. The main aim of its operation shall be to take care of the stability of the currency; any intervention on its activities shall only be permissible on the basis of a law.

(2) The status and jurisdiction, as well as other particulars regarding the Czech national Bank shall be stipulated by law.

CHAPTER SEVEN

TERRITORIAL SELF-GOVERNMENT

Article 99

The Czech Republicls territory shall be divided up into communities, which shall form the basic-level territorial self-governing units. The higher-level territorial self-governing units shall be provinces or regions.

Article 100

(1) The territorial self-governing units shall be territorial commonwealths of the citizens who have the right to self-government there. The law shall provide when such units shall form administrative areas.

(2) A community shall invariably form part of a higher-level territorial self-governing unit.

(3) A higher-level territorial self-governing unit can be created or abolished only by a constitutional law.

Article 101

(1) A community shall be administered independently by a board of representatives.

(2) A higher-level territorial self-governing unit shall be administered independently by a board of representatives.

(3) The territorial self-governing units shall be public corporations (legal entities) which may have property of their own and operate according to their own budgets.

(4) The state may intervene in the activities of territorial self-governing units only if this is required for protecting the law, and only in the manner specified by law.

Article 102

(1) The member of the boards of representatives shall be elected by secret ballot, on the basis of universal, equal and direct franchise.

(2) The term of office of a board of representatives shall be four years. The law shall specify the conditions under which a new election to a board of representatives should be called before the expiration of its term of office.

Article 103

The name (designation) of a higher-level territorial self-governing unit shall be determined by its board of representatives.

Article 104

(1) The competence of the boards of representatives can be determined only by law.

(2) The board of representatives of a community shall decide on matters of self-government,unless they have been entrusted by law to the board of representatives of a higher-level territorial self-governing units.

(3) Within the limits of their competence, the boards of representatives may issue generally binding ordinances.

Article 105

The exercise of state administration may be entrusted to the organs of self-government only in the instances specified by law.

CHAPTER EIGHT

INTERIM AND FINAL PROVISIONS

Article 106

(1) By the date of effectiveness of this Constitution, the Czech National Council shall become the Chamber of Deputies, whose election term shall end by 6th June 1966.

(2) Until the time of election of the Senate according to the Constitution, the function of the Senate shall be exercised by an Interim Senate. The Interim Senate shall be filled in the manner prescribed by a constitutional law. Until such a law becomes effective, the functions of the Senate shall be exercised by the Chamber of Deputies.

(3) The Chamber of Deputies cannot be dissolved, as long as it exercises the function of theSenate according to paragraph 2.

(4) Until the laws regulating the orders of procedure of the Chambers have been adopted, the procedure in the individual Chambers shall be governed by the standing orders of the Czech NationalCouncil.

Article 107

(1) The law governing the elections to the Senate shall regulate the manner in which to determine, for the first election to the Senate, the one-third of the Senators whose term of office shall be two years, and the one-third of the Senators whose term of office shall be four years.

(2) The session of the Senate shall be convened by the President of the Republic in good time to be inaugurated not later than on the thirtieth day following the date of the election; if the President does not do so, the Senate shall meet on the thirtieth day following the date of the election.

Article 108

The Government of the Czech Republic appointed after the general election in 1992 and exercising its function on the date of effectiveness of the Constitution shall be regarded as a Government appointed according to this Constitution.

Article 109

Until the Offices of the Prosecutor General (Attorney of the State) has been established, its functions shall be exercised by the Office of the Director of Public Prosecutions of the Czech Republic.

Article 110

Until 31st December 1993, the system of law courts shall also comprise military courts.

Article 111The judges of all the law courts of the Czech Republic exercising the judicial function on the date of effectiveness of this Constitution shall be regarded as judges appointed according to the Constitution of the Czech Republic.

Article 112

(1 ) The constitutional order of the Czech Republic shall be formed by this Constitution, by theCharter of Fundamental Rights and Freedoms, by the constitutional laws adopted according to this Constitution, as well as by the constitutional laws of the National Assembly of the Czechoslovak Republic, of the Federal Assembly of the Czechoslovak Socialist Republic and of the Czech National Council regulating the state boundaries of the Czech Republic, and by the constitutional laws of the Czech National Council adopted after 6th June 1992.

(2) Repealed hereby shall be the Constitution valid up to the present, the Constitutional Law on the Czechoslovak Federation, the constitutional laws subsequently amending it, as well as the Constitutional Law of the Czech National Council No. 67/1990 of the Law Gazette, regulating the state symbols of the Czech Republic.

(3) The other constitutional laws valid on the territory of the Czech Republic by the date of effectiveness of this Constitution shall henceforth be in force as laws.

Article 113

This Constitution shall become effective as of 1st January 1993.

Signed:
M. Uhde (Chairman of the Chamber of Deputies)
V. Klaus (Prime Minister)