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The Chamber of Deputies

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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 110:23:130:23:13 VVýtažkováýtažková aazurovázurováVVýtažkováýtažková ppurpurováurpurováVVýtažkováýtažková žžlutálutáVVýtažkováýtažková eernárnáPPANTONEANTONE 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 in- vestigative commissions. THE VOTE OF NO CONFIDENCE IN THE GOVERNMENT THE VOTE OF CONFIDENCE The Chamber of Deputies may vote on a resolu- tion 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 major- ity 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 110:23:130:23:13 VVýtažkováýtažková aazurovázurováVVýtažkováýtažková ppurpurováurpurováVVýtažkováýtažková žžlutálutáVVýtažkováýtažková eernárnáPPANTONEANTONE 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.
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