The Chamber of Deputies

PARLIAMENT OF THE CZECH REPUBLIC

THE CHAMBER OF DEPUTIES

PARLIAMENTARY CONTROL OF THE GOVERNMENT IN THE CZECH REPUBLIC

1992, the traditional parliamentary system pre- “…the right to dissolve the Parlia- vailed. The present system represents a continua- ment and the right to express no con- tion of the model of Czechoslovak parliamentarism ﬁ dence in the Government belong to that existed between the two World Wars, newly each other in much the same way as enriched by some elements typical particularly of a piston belongs to the cylinder of an the current French constitutional model. engine…” (Karl Loewenstein) THE SUPERVISORY POWERS THE PARLIAMENTARY SYSTEM OF THE CZECH PARLIAMENT OF GOVERNMENT Apart from its constitutional and legislative The Czech Republic belongs to the group of powers, the Czech Parliament wields a wide range countries that have a parliamentary system of gov- of supervisory powers, particularly as regards the ernment. Such a system of government has the Government. The supervisory powers of Parliament following typical characteristics: a dual executive refer to the political control or supervision exercised branch (a Head of State and a Head of Govern- by Parliament over the actions of the Government ment), the election of the President by the Parlia- and state administration. The Parliament exercises ment (in the case of republics, as opposed to con- continuous supervision of the Government and en- stitutional monarchies), the accountability of the sures that the Government respects the will and de- Government to the Parliament or to one its cham- mands of the public, as expressed by the public in bers and a personal correlation between the Go- elections to the two chambers of Parliament. vernment and Parliament (most Government min- The Constitution of the Czech Republic outlines isters are also Members of Parliament). the relationship between the Government and A parliamentary system of government is rather Parliament. This relationship also indirectly speci- unique among the post-communist states in Europe ﬁ es the relationship between the two chambers and exists only in the Czech Republic, the Slovak of Parliament. In comparison with the Senate, the Republic and in Hungary. In the course of drafting Chamber of Deputies exercises greater supervisory the current Constitution of the Czech Republic in powers vis-à-vis the Government. Article 68 of the

PParliamentan_control.inddarliamentan_control.indd 1 223.1.20063.1.2006 10:23:1310:23:13 VVýtažkováýtažková azurováazurováVVýtažkováýtažková ppurpurováurpurováVVýtažkováýtažková žlutážlutáVVýtažkováýtažková ernáernáPPANTONEANTONE 11255255 CPPANTONEANTONE 88201201 C Constitution stipulates that the Government is ac- the proposal of the Chairperson of the Chamber countable to the Chamber of Deputies. The Gov- of Deputies. The new Prime Minister selects his ernment is accountable only as a whole, i.e. the in- Government members and the President appoints dividual accountability of Government members is them. If the Chamber of Deputies fails to express ruled out. The supervisory powers of the Chamber confi dence in this third Government, the President of Deputies are exercised by means of the follow- may dissolve the Chamber of Deputies and early ing traditional constitutional mechanisms: elections to the Chamber of Deputies will then be held. 1. Each newly appointed Government is consti- The Government may request the Chamber of tutionally required to obtain the confi dence Deputies to vote on a resolution of confi dence at of the Chamber of Deputies within 30 days any time in the course of its term of offi ce. In such of its appointment. a case, the Chamber of Deputies shall be convened 2. The Chamber of Deputies may express no so as to ensure that the request is discussed within confi dence in the Government at any time 14 days of its submission. Moreover, the Govern- during the electoral term. ment may combine such a request with a Govern- ment draft bill. In this case, the Government is 3. Every Deputy has the right to interpellate authorised to request the Chamber of Deputies to (question) the Prime Minister and other Go- complete deliberation of the draft bill within three vernment members. months of its submission. A delay on the part of 4. Government members may be required to the Chamber of Deputies might again lead to its attend meetings of parliamentary bodies. eventual dissolution by the president. 5. The Chamber of Deputies may establish investigative commissions. THE VOTE OF NO CONFIDENCE IN THE GOVERNMENT THE VOTE OF CONFIDENCE The Chamber of Deputies may vote on a resolution of no confi dence in the Government following IN THE GOVERNMENT a written proposal for such a resolution, submitted by at least fi fty deputies. Upon submission of such The President appoints the Prime Minister and a proposal, the Chamber of Deputies is convened the members of the Government. Within thirty without delay and Deputies’ clubs and committees days of their appointment, the newly appointed are given notice that a vote will be held. After de- Government is obliged to request that the Cham- bating the resolution, Deputies vote in alphabetical ber of Deputies schedule a vote of confi dence order. For the resolution of no confi dence to pass, (a vote on a resolution on the expression of confi - an absolute majority of all Deputies is required. dence). For the resolution to pass, a simple majority of Deputies present is needed. Deputies vote in In such a case, the Government must resign and alphabetical order either for or against the resolu- the President must accept the resignation. In the tion. Together with its request, the Government modern history of Czech parliamentarism, a resolu- traditionally submits to the Chamber of Deputies tion of no confi dence in the Government has never a policy statement outlining the priorities of the been adopted. newly appointed Government; this statement is It is not possible to express no confi dence then the subject of criticism and scrutiny by op- in individual Government members, but only in position Deputies. the Government as a whole. On the other hand, If the resolution does not pass and the Cham- the individual resignation of the Prime Minister ber of Deputies does not express confi dence in the always implies the resignation of the Government Government, the Government must submit its res- as a whole, given that the existence of the Govern- ignation to the President, who must accept it. In ment is tied to the person of the Prime Minister. such a case, a new Government is appointed and the procedure outlined above is repeated (this PARLIAMENTARY QUESTIONS has not yet occurred). Should this second Govern- ment fail to obtain the confi dence of the Chamber According to the Constitution, the Government of Deputies, the Government must resign and the is accountable only to the Chamber of Deputies. President must appoint a new Prime Minister on This is why only Deputies have the right to inter-

PParliamentan_control.inddarliamentan_control.indd 2 223.1.20063.1.2006 10:23:1310:23:13 VVýtažkováýtažková azurováazurováVVýtažkováýtažková ppurpurováurpurováVVýtažkováýtažková žlutážlutáVVýtažkováýtažková ernáernáPPANTONEANTONE 11255255 CPPANTONEANTONE 88201201 C pellate (question) members of Government in their been respected and the Chairperson then informs fi elds of competence. The Rules of Procedure of the the Chamber of Deputies at the next meeting. If Chamber of Deputies distinguish between oral and a Deputy is not satisfi ed with a reply to a written written parliamentary questions. The discussion parliamentary question, he has the right to ask the of parliamentary questions is the only fi xed point Chairperson of the Chamber of Deputies that the on the agenda of the Chamber of Deputies; this is question be discussed at the next meeting of the why the meeting agenda always includes “Replies Chamber of Deputies. In this case, the question of Members of the Government to Written Parlia- is put on the agenda of the next meeting and is mentary Questions”. Additionally, if the Chamber discussed at the time scheduled for discussion of of Deputies is in session on a given Thursday, the replies to written parliamentary questions. If the agenda always provides for a question-period to be Chamber of Deputies decides that the reply is in- held (“Oral parliamentary questions”). suffi cient, the Government or member of Govern- In order to be given the opportunity to pose ment is required to write provide a new reply. an oral parliamentary question, a Deputy must Besides parliamentary questions, Deputies have submit a written application to the Chairperson of two other means of obtaining information from the Chamber of Deputies by 11 a.m. on the day on governmental sources. The fi rst is the right of every which the question-period is to be held. The order Deputy to demand information and explanations in which oral parliamentary questions are posed (that are necessary for the exercise of his or her is determined by a random draw and the number Deputy’s mandate) from members of the Govern- of questions is limited by the time required to ment and top administrative offi cials. The second answer them. The Prime Minister answers oral par- means is obtaining information from the execu- liamentary questions every Thursday (when the tive branch through committees. Besides delibera- Chamber of Deputies is in session) from 2:30 p.m. ting legislative drafts, reports and other materials, to 3:15 p.m., other Members of Government from a committee has the right to demand that a mem- 3:15 p.m. to 4:15 p.m. Members of Government ber of the Government or a top administrative of- are obliged to attend this question-period of the fi cial personally attend the committee’s meeting to Chamber of Deputies. provide information and explanations. The time for posing a parliamentary question is limited to two minutes and the time for presenting INVESTIGATIVE COMMISSIONS a supplemental question is limited to one minute. The appropriate member of Government answers An investigative commission is a special body the question immediately upon its presentation. of the Chamber of Deputies, which may be estab- The time for answering the question is limited to lished to investigate matters of public interest. The 5 minutes or 2 minutes in the case of a supple- Chamber of Deputies establishes such a commis- mental question. If the member of Government sion by means of a resolution following a proposal declares that the question cannot be answered im- submitted by at least 40 Deputies. The fact that mediately, or if he or she is absent, the question only the Chamber of Deputies (and not the Senate) must be answered in writing within 30 days. may establish investigative commissions is based Deputies may submit written parliamentary on the principle of the Government’s sole account- questions through the Chairperson of the Cham- ability to the Chamber of Deputies. Such commis- ber of Deputies. The Chairperson forwards them sions generally investigate the actions of various without delay to the Prime Minister and, where the organs of the state administration and the Cham- question is directed at another member of the Go- ber of Deputies may draw various conclusions vernment, the Chairperson also forwards the ques- from the outcome of an investigation. For example, tion directly to this member. The Government or the Chamber may, by means of a resolution, re- a member of the Government is obliged to answer quest the Government to adopt certain appropri- a written parliamentary question either orally at ate measures, or it may request the resignation of the next meeting of the Chamber of Deputies (at a responsible administrative offi cial or Government the time scheduled for replies to written parlia- member, or the Chamber may even adopt a resolu- mentary questions) or in writing within 30 days tion of no confi dence in the Government. of its submission. The Rules of Procedure provide The scope of any investigation depends prima- for a sanction, where this deadline is not respec- rily on the will of the Chamber of Deputies. Addi- ted: the Deputy may inform the Chairperson of tionally, the Chamber determines the number of the Chamber of Deputies that the deadline has not commission members and elects them (including

PParliamentan_control.inddarliamentan_control.indd 3 223.1.20063.1.2006 10:23:1310:23:13 VVýtažkováýtažková azurováazurováVVýtažkováýtažková ppurpurováurpurováVVýtažkováýtažková žlutážlutáVVýtažkováýtažková ernáernáPPANTONEANTONE 11255255 CPPANTONEANTONE 88201201 C OVERVIEW OF INVESTIGATIVE COMMISSIONS ESTABLISHED BY THE CHAMBER OF DEPUTIES 1992–1996 1996–1998 1998–2002 2002–present Investigative commis- Investigative commission Investigative commission Investigative commission for the investiga- for the investigation of for the clarifi cation of sion for the clarifi cation of the circumstan- the bankruptcy of Credit the decisions of the state tion of certain facts in ces of the “Norbert, Bank, Pilsen (Kreditní in relation to the Invest- connection with the Zásah, Vlna” actions. banka, a.s. Plzeň). ment and Postal Bank contract for the con- (IPB) from its establish- struction of the D47 Investigative commis- ment until its seques- motorway, entered into sion for the clarifi cation tration and sale to the between the state and of relations between or- Czechoslovak Commer- the Housing and Con- ganized crime and the cial Bank (ČSOB). struction company. state administration in the “Olomouc affair”. Investigative commission Investigative commis- for the investigation of sion for the determi- Investigative commis- the activities of the re- nation of certain facts sion for determining the gional transplant center in connection with ar- conditions of privatiza- at the Ostrava Faculty bitration proceedings tion and of the economic Hospital. between CME and the operation of POLDI Czech Republic. Kladno. Investigative commission for the investigation Investigative commis- of doubts which arose sion regarding the set- in the SPT Telecom a.s. tlement between the case. Czech Republic and the Diag Human company.

the chairperson and deputy chairperson of the appear, the commission may decide to have him commission). Deputies, who are also members of or her brought to appear by the appropriate autho- the Government, may not be members of an inves- rity. By law, the meetings of investigative commis- tigative commission. Upon termination of an in- sions are not open to the public. vestigation, the investigative commission presents its fi ndings to the full assembly of the Chamber of Deputies and may propose the adoption of a resolution. Moreover, the investigative commission may CONCLUSION inform the appropriate law enforcement authori- • The Czech Republic has a parliamentary form ties if any facts obtained during the investigation of government. indicate that a criminal offence may have been • committed. The commission obtains evidence in The Chamber of Deputies exercises supervi- the course of its investigation by issuing demands sory powers over the Government. for explanations or information or by the question- • The Chamber of Deputies may express confi - ing of witnesses. Additionally, the commission may dence or no confi dence in the Government. decide to employ certain expert employees, such • Deputies have the right to pose parliamen- as investigators. These employees act on the au- tary questions to the Prime Minister and to thorisation of the investigative commission and are other members of the Government. bound by its instructions. Persons called to testify • The Chamber of Deputies may establish in- before an investigative commission are legally re- vestigative commissions. quired to do so. If the requested person does not

Published by the Ofﬁ ce of the Chamber of Deputies of the Parliament of the Czech Republic, Sněmovní 4, 118 26 Praha 1, January 2006 Written by the Division of education and communication, phone +420 257 174 117, email: [email protected] Designed by Vladimír Vyskočil – Koršach For more information, please visit www.psp.cz

PParliamentan_control.inddarliamentan_control.indd 4 223.1.20063.1.2006 10:23:1410:23:14 VVýtažkováýtažková azurováazurováVVýtažkováýtažková ppurpurováurpurováVVýtažkováýtažková žlutážlutáVVýtažkováýtažková ernáernáPPANTONEANTONE 11255255 CPPANTONEANTONE 88201201 C