Executive Power

Chapter Three Executive Power

Part 1 The President of the Republic

Article 54: Head of State

1. The President of the Republic is the Head of State.

2. The President of the Republic is elected by Parliament at a joint session of both Chambers.

3. The President of the Republic is not accountable for the discharge of his office.

Article 55: Oath, Term

The President of the Republic enters upon his office by taking an oath. The term of office of the President of the Republic is five years and begins on the day of taking the oath.

Article 56: Election

The election takes place within the last thirty days of the term of office of the incumbent President of the Republic. If the office of the President of the Republic becomes vacant, the election takes place within thirty days.

Article 57: Eligibility
1. A citizen eligible to the Senate may be elected President of the Republic.

2. No one can be elected for more than two consecutive terms of office.

Article 58: Candidates

1. No less than ten deputies or ten Senators are entitled to nominate a candidate.

2. A candidate who received an absolute majority of votes of all deputies and an absolute majority of votes of all Senators is elected President of the Republic.

3. If no candidate succeeds in receiving an absolute majority of votes of all deputies and of all Senators, the second round of election shall be held within fourteen days.

4. The candidate with the highest number of votes in the Chamber of Deputies and the candidate with the highest number of votes in the Senate advances to the second round.

5. If there are more candidates who receive the same highest number of votes in the Chamber of Deputies or if there are more candidates who receive the same highest number of votes in the Senate, votes they received in both Chambers are summed up, and a candidate who in this way receives the highest number of votes advances to the second round.

6. A candidate who received an absolute majority of votes of deputies present as well as an absolute majority of votes of Senators present is elected.

7. If a President of the Republic is not elected in the second round, the third round of election takes place within fourteen days, in which that candidate from the second round is elected who receives an absolute majority of votes of deputies and Senators present.

8. If a President of the Republic is not elected in the third round, new elections take place.

Article 59: Oath

1. The President of the Republic takes the oath before the Chairman of the Chamber of Deputies at a joint session of both chambers.

2. The President's oath has the following wording:

"I pledge allegiance to the Czech Republic. I pledge to uphold its Constitution and laws. I pledge on my honor to discharge my office in the interest of the people and in accordance with my best conviction and conscience."

Article 60: No Reservations

If the President of the Republic refuses to take the oath or if he takes it with reservations, he is considered not to have been elected.

Article 61: Resignation

The President of the Republic may surrender his office into the hands of the Chairman of the Chamber of Deputies.

Article 62: Functions

The President of the Republic:
  1. appoints and dismisses the Premier and other members of the Government and accepts their resignation, dismisses the Government and accepts its resignation,
  2. convenes sessions of the Chamber of Deputies,
  3. dissolves the Chamber of Deputies,
  4. entrusts the Government whose resignation he has accepted or which he has dismissed with discharging its functions temporarily until a new Government is appointed,
  5. appoints judges of the Constitutional Court, its Chairman and Deputy Chairmen,
  6. appoints from judges the Chairman and Deputy Chairmen of the Supreme Court,
  7. pardons and mitigates penalties imposed by penal courts, orders that criminal proceedings be not opened, and if they have been, orders their discontinuation, and expunges previous sentences,
  8. has the right to return to Parliament adopted laws with the exception of constitutional laws,
  9. signs laws,
  10. appoints the President and Vice President of the Supreme Inspection Office,
  11. appoints members of the Bank Council of the Czech National Bank.
Article 63: Powers

1. The President of the Republic further:
  1. represents the state in external affairs,
  2. negotiates and ratifies international treaties; he may transfer the negotiation of international agreements to the Government or, with its approval, to its individual members,
  3. is commander-in-chief of the armed forces,
  4. receives heads of diplomatic missions,
  5. accredits and recalls heads of diplomatic missions,
  6. calls elections to the Chamber of Deputies and to the Senate,
  7. appoints and promotes generals,
  8. confers and awards state distinctions, unless he authorizes another body to
  9. do so,
  10. appoints judges,
  11. has the right to grant amnesty.
2. The President of the Republic is also entitled to exercise powers which are not expressly specified in the constitutional law, if it is stipulated so by law.

3. Decisions of the President of the Republic issued in accordance with Paragraphs (1) and (2) require a signature of the Premier, or a member of the Government entrusted by the Premier, to come into effect.

4. The Government is responsible for decisions of the President of the Republic which require the signature of the Premier or a member of the Government authorized by the Premier.

Article 64: Attendance

1. The President of the Republic has the right to take part in sessions of both Chambers of Parliament, their committees, and commissions. He shall be given the floor any time he requests it.

2. The President of the Republic has the right to take part in sessions of the Government, request reports from the Government and its members and discuss with the Government or with its members issues falling under their jurisdiction.

Article 65: Immunity

1. The President of the Republic cannot be detained, exposed to criminal prosecution, or prosecuted for a misdemeanor or other administrative offense.

2. The President of the Republic can be prosecuted for high treason before the Constitutional Court on the basis of an indictment by the Senate. Punishment can be the loss of Presidential office and of the qualification to hold it again.

3. Criminal prosecution for criminal acts committed while discharging the office of the President of the Republic is rendered impossible forever.

Article 66: Vacancy

If the office of the President of the Republic becomes vacant and a new President of the Republic is not yet elected or has not yet been sworn in, and also if the President of the Republic is unable to discharge his office for serious reasons and the Chamber of Deputies and the Senate resolves so, the exercise of functions specified in Article 63 (1) a)-e), h), I), and j), and Article 63 (2) falls to the Premier.

During the period in which the Premier is discharging the specified functions of the President of the Republic, the exercise of functions of the President of the Republic according to Article Sub paragraphs a)-e) and k) falls to the Chairman of the Chamber of Deputies; if the office of the President of the Republic becomes vacant at the time when the Chamber of Deputies is dissolved, the exercise of these functions falls to the Chairman of the Senate.

Part 2 The Government

Article 67: Executive Power

1. The Government is the supreme body of executive power.

2. The Government is composed of the Premier, the Deputy Premiers, and the Ministers.

Article 68: Appointment

1. The Government is accountable to the Chamber of Deputies.

2. The President of the Republic appoints the Premier and, on his suggestion, appoints other members of the Government and entrusts them with managing the ministries or other bodies.

3. The Government shall appear before the Chamber of Deputies within thirty days of its appointment and request of it a vote of confidence.

4. If the newly appointed Government fails to obtain the confidence of the Chamber of Deputies, the procedure advances in accordance with Paragraphs (2) and (3). If even the Government, appointed in this way, fails to obtain the confidence of the Chamber of Deputies, the President of the Republic shall appoint the Premier upon the suggestion of the Chairman of the Chamber of Deputies.

5. In other cases, the President of the Republic appoints and dismisses, upon the suggestion of the Premier, other members of the cabinet and entrusts them with managing the ministries or other bodies.

Article 69: Oath

1. A member of the Government swears in before the President of the Republic.

2. The oath of a member of the Government has the following wording:

"I pledge allegiance to the Czech Republic. I pledge to uphold its Constitution and laws and introduce them into lite. I pledge on my honor that I will conscientiously hold my office and will not abuse my position."

Article 70: Incompatibility

A member of the Government must not pursue activities whose nature is in conflict with the exercise of his function. Details are stipulated by law.

Article 71: Vote of Confidence

The Government is entitled to submit to the Chamber of Deputies a request for a vote of confidence.

Article 72: Confidence Initiative

1. The Chamber of Deputies may pass a vote of no confidence in the Government.

2. The Chamber of Deputies shall discuss a proposal for a vote of no confidence in the Government only if it is submitted in writing by no less than 50 deputies. Passing the proposal requires the consent of an absolute majority of all deputies.

Article 73: Resignation

1. The Premier offers his resignation to the President of the Republic. Other members of the Government offer their resignations to the President of the Republic through the Premier.

2. The Government shall offer its resignation if the Chamber of Deputies rejects its request for a vote of confidence or if it passes a vote of no confidence in it. The Government shall always offer its resignation after the constituent session of a newly elected Chamber of Deputies.

3. If the Government offers its resignation according to Paragraph (2), the President of the Republic shall accept it.

Article 74: Dismissal of Ministers

The President of the Republic shall dismiss a Member of the Government, if this is proposed by the Premier

Article 75: Dismissal of Government

The President of the Republic shall dismiss a Government which did not offer its resignation although it was obliged to offer it.

Article 76: Resolutions

1. The Government makes decisions as a body.

2. The passage of a resolution of the Government requires the consent of an absolute majority of all its members.

Article 77: Premier

1. The Premier organizes the activities of the Government, chairs its meetings, acts in its name, and executes further activities entrusted to him by the Constitution or by other laws.

2. The Premier is represented by a Deputy Premier or another authorized member of the Government.

Article 78: Decrees

For the execution of a law and within its limits, the Government is entitled to issue decrees. Decrees are signed by the Premier and a respective member of the Government.

Article 79: Regulations

1. Ministries and other administrative bodies can be established and their powers defined only by law.

2. The legal relations of state employees in the ministries and other administrative bodies are determined by law.

3. The ministries, other administrative offices, and bodies of territorial self-administration may issue legal regulations on the basis of and within the limits of law, if authorized so by law.

Article 80: Public Prosecutor's Office

1. A Public Prosecutor's office represents public prosecution in criminal proceedings; it also executes other tasks, if the law so stipulates.

2. The status and jurisdiction of the Public Prosecutor's office are defined by law.