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Parliament of the Czech Republic 2 1 CHAMBER OF DEPUTIES

he Czech Republic is a unitary democratic state based on the rule of law with a parliamentary form of government. The head of state is the President of the Czech Republic, who, together with the Government, representsT the executive branch of power. Legislative power is exercised by votes on confi dence or non-confi dence in the Gov- 1 – The Chamber of Deputies of the The Mandate of a Deputy to the Chamber of Deputies and ends at the end a bicameral Parliament, composed of the Chamber of Deputies and the Senate. ernment. Parliament of the Czech Republic The Parliament of the Czech Republic The rights and obligations of a member of the of the electoral term or upon the resignation or The Czech Republic is a member of both the European Union and of NATO. Only members of the Chamber of Deputies 2 – The Senate of the Parliament of the Czech Republic Chamber of Deputies are referred to as the death of the Deputy. Each Deputy is required The Chamber of Deputies The Senate (called Deputies) have the power to ask mem- 3 – The Offi ce of the Government Mandate of a Deputy. The Mandate of a Deputy by the Constitution to take this oath of offi ce: Number of Members 200 81 bers of the Government questions. Only the The Parliamant and the Czech Constitutional Order: of the Czech Republic may be characterized as a free mandate, by which “I hereby swear my allegiance to the Czech Re- Term of offi ce 4 years 6 years Chamber of Deputies approves the state budget 4 – Prague Castle, the seat of the President of the it is meant that a Deputy is bound only by his public. I swear to uphold its Constitution and its The Constitutional order of the Czech Republic is based on a parliamentary form of government. The for each year. Moreover, the Chamber of Depu- Czech Republic Electoral system Proportional representation Majoritarian with two own conscience when voting on matters in the laws. I swear on my honour that I shall discharge dominant position of the Parliament within the constitutional order, the fact that the Parliament elects ties may even override a Senate veto of (d‘Hondt method) rounds of elections Chamber of Deputies. The Mandate of a Depu- my offi ce in the interest of all the people, and to the President of the Czech Republic and the fact that the Government is accountable to the Parliament a bill or a proposed Senate amendment to Number of electoral districts 14 81 ty exists from the moment a Deputy is elected the best of my belief.” means that the parliamentary form of government in the Czech Republic may be classifi ed as a form a bill by an absolute majority of Deputies. and A citizen aged 21 years A citizen aged 40 years The Mandate of a Deputy in- Who may st of “rationalized parliamentarism”. In contrast, the Senate exercises important for election of age or older of age or older cludes certain immunities which The Parliament itself may be defi ned powers when the Chamber of Deputies are guaranteed to all Members as a body composed of representatives has been dissolved. In such a case, the Sen- of Parliament. These immunities The Constitutional Order of the Czech Republic of the people, elected by universal ate may adopt so-called “legal measures” exclude Members of Parliament suffrage in elections and empowered regarding matters which may not be post- from the general regime of sanc- with the legislative power to enact poned and which would otherwise necessi- tions applicable to individuals, in laws as well as to amend the Constitu- tate the adoption of a law. The Chamber of The President order to ensure that the legisla- tion. As mentioned above, the Czech Deputies and the Senate have almost equal of the The tive body is entirely independent The Parliament is composed of two cham- powers when it comes to the approval of Czech Republic Constitutional in the decisions that it takes. The Government bers, the Chamber of Deputies and amendments to the Constitution and when it of the Czech Parliament also elect the President Court Constitution distinguishes two the Senate. The Chamber of Deputies comes to expressing consent with the ratifi ca- of the Czech Republic at a joint meeting of both forms of immunities granted to (also called the fi rst chamber or lower tion of international treaties. The two chambers chambers. chamber), exercises certain powers Deputies. The fi rst form of immu- which the Senate does not have. For nity applies to speeches and voting The Supreme The Parliament of the Czech Republic The Czech example, the Government is account- The development of the Czech Constitutional Order in the Parliament. No Member Audit Offi ce National Bank able solely to the Chamber of Depu- 1848 – Declaration of the fi rst constitution on the territory of what is today the Czech Republic of Parliament may be criminal- The ties, i.e. only the Chamber of Deputies 1861 – First elections are held to the Provintial diets according to a system of curias ly liable for any speech made in The Chamber 1907 – Adoption of universal and equal suffrage for elections to the Parliament the Parliament. A Deputy is only Senate of Deputies The Czech Republic – 1918 – Independence of the fi rst Czechoslovak Republic liable in disciplinary proceedings Regional 1920 – Approval of the Constitution of the Czechoslovak Republic held before the Chamber of De- City councils quick facts Assemblies 1939 – Establishment of the Protectorate of Bohemia and Moravia (occupation by the puties for such speeches. The se- Population: 10,3 mil. cond form of immunity applies 2 German military) Territory: 78 866 km more generally and is procedural 1948 – The Communist Party comes to power in Czechoslovakia Capital: Prague in nature. A Deputy may not be Number of 1968 – The Prague spring (and the invasion of Czechoslovakia by Warsaw-pact troops) charged with a crime without the Czech citizens administrative 1989 – The Velvet revolution (the end of the Communist regime) Prague Castle – the Vladislav hall – the place of inauguration Sněmovní hall of the Thun Palace – the plenary meeting room of consent of the Chamber of De- regions: 14 1993 – Establishment of the Czech Republic of the President of the Czech Republic the Chamber of Deputies today puties. A look into the history tial diets increased when the centralized power also a time when the press began to play an im- dent Hácha formally dissolved the of the King was weak. portant role in determining public opinion. National Assembly. “The people are the source of all power in the State; of the Parliament: After the incorporation of the Czech lands into The National Assembly was recon- The establishment of the Czechoslovak The tradition of having a representative body the Hapsburg monarchy, the powers of the situted at the end of the second world they exercise it through bodies of legislative, execu- Republic and the Parliament: dates well into the past when it comes to the provintial diet ­gradually weakened. This was ap- war. In October 1945, a unicameral th tive and judiciary powers.” (Aricle 2, Constitution) territory of what is today the Czech Republic. parent in the 18 century which was a time of The traditional provintial­ diet ceased to exist interim National Assembly was con- As of the 13th century, political representatives increased centralization, when power was con- along with the dissolution of the Austrio-Hungar- vened which approved the Decrees of one of the most important aspects of parlia- of the Czech Kingdom – i.e. the nobility, clergy centrated into the hands of the monarch and ian Empire. The newly formed Czechoslovak Re- the President of the Republic, which The functions mentary life. Another aspect of parliamen- and, to a limited extent, cities – gathered in the central Austrian Government. At a symbolic public (also called the First Republic) was a classi- had been issued prior to its constitu- of the Parliament: tary control of the Government are regular a provintial diet (land assembly). Similarly, di- level, ­however, the provintial diet continued to cal parliamentary democracy. In accordance with tion. In the first post-war elections in Each parliament in a democratic state, including oral question periods and written interpel- the Constitution of 1920, legislative power was 1946, citizens were given only a lim- the Parliament of the Czech Republic, performs lations (written questions put to Members exercised by the National Assembly, which was ited choice. Only non right-wing po- four main important functions in the constitu- of the Government), in which Deputies composed of two chambers – the Senate and the litical parties which had not, according tional system – the representative, legislative, may ask ministers questions in connection Chamber of Depu- to the views of the time, discredited control and creationary functions. ties. Elections were themselves during the period of the a) The representative function held on the basis of war, were allowed to propose candi- The will of the people is expressed a proportional elec- dates to stand for election. through the Parliement, the Con- toral system. The stitution providing that the people Portal no. 7 – Sternberg palace political situation The Parliament are the source of all state power. in the Czechoslovak and the Communist regime: A necessary aspect of parliamenary system of the Hapsburg monarchy at the begin- Republic was rather In February of 1948, the Communist life is therefore communication ning of the 1860s. Although the right to vote complicated, due to party definitely took over power in with the public and with represen- was not equal and was denied to many mem- the many political The Zlatá bula seal Czechoslovakia. Following the resig- Prague Castle – the throne hall tatives of various citizens’ groups bers of society, this period is considered to be parties which ex- nation of democratic ministers, the which represent the legitimate in- a time when modern political culture was born, isted at the time and thus, many Governments vacant seats in the Government were filled by Czech National Council and the Slovak National terests of citizens. when the public first witnessed electoral cam- were successively formed. Nonetheless, the First persons proposed by the communist Prime Min- Council. The Rudolfinum – the seat of the Chamber of Deputies during the first Czechoslovak paigns and the rivalry of political parties and Republic maintained its democratic character un- ister, Klement Gottwald. Several days later and in b) The legislative function Republic (pre-WWII) til 1938. a tumulous atmosphere, the National Assembly A return to a parliamentary form of The legislative function is a typical After the cession of some approved the policy declaration of the Govern- government: expression of parliamentary work, wherein the legislative body, by ets were also formed in Moravia and in Silesia, represent one of the few institutions which re- of Czechoslovak terri- ment. Over the course of the 40 years of rule With the Velvet revolution of 1989, Czechoslo- enacting laws, creates the frame- but the Czech provintial diet had a special posi- flected Czech statehood. tory in accordance with of the Communist party, the Parliament repre- vakia turned back towards a democratic system of work for political decision-making tion. The creation of provintial diets mirrored the Munich Agreement sented a mere facade for the totalitarian regime. Government. In June of 1990, the first free par- and functioning of society. In the the political situation – by means of these diets, The rise of modern parliamentarism (which the National As- The Parliament automatically approved laws and liamentary elections were held. In 1992, the idea Czech Republic, the Parliament the the estates of the Czech Kingdom, headed in the Czech lands: sembly never approved), expressed confidence in the Governments of the that the Czech and Slovak republics could coexist adopts laws and Constitutional by the nobility, aimed to ­increase their politi- The revolutionary year of 1848 brought politi- the National Assembly was so-called National front. This fact remained un- in a federal state was definitively abandoned and laws. cal powers. The diet represented a platform in cal freedoms for some members of the public effectively stripped of its changed even with the adoption of the Act on the the Czechoslovak federation ceased to exist. On which the estates were able to articulate their in the Czech lands. For the first time, some political powers and ban- creation of the Czechoslovak federation, which January 1, 1993, the independent Czech Repub- c) The control function demands vis-a-vis the King, and, to a limited citizens were able to vote in elections and to ished from political life as altered the composition of the Parliament. With lic was formed. The legislative branch of power The Parliament controls the ac- extent, in which they were able to control his determine who would represent them in the a result of the Empower- this Act, a bicameral Federal Assembly, com- was, at first, solely composed of the Chamber of tivities of the Government and of Government. The political power of the estates provintial diets and in the Empire Diet of ment Act of December posed of the Assembly of the People and of the Deputies of the Parliament. In 1996, elections to subsidiary executive bodies. Vot- was thus limited by the political power and abil- the Austrian monarchy. These representative 1938. After the ­occupation Assembly of Nations, was formed. The legislative the Senate, the second chamber of the Czech Par- ing on confidence or non-confi- The mirror hall in Kroměříž – the meeting hall of the ities of the King, and the power of the provin- ­bodies became permanent parts of the political The former Federal Assembly by German troops, Presi- bodies at the provintial level were formed by the liament, were held for the first time. dence in the Government is thus Empire diet in 1848–1849

with the exercise of their cabinet functions. anyone else to exercise his or her right to vote) The Parliament The most visible aspect of the public’s partici- Members of Government may be required upon providing proof of identity and state citi- “Political decisions shall proceed from the will of the pation in parliamentary procedures is the pres- to be present at meetings of bodies of the zenship. and the public ence of members of the public in the visitor’s Chamber of Deputies (at committee meet- The electoral campaign must be held in good majority, expressed by free vote. Majority decisions The Parliament is a sovereign and top-level legis- gallery at plenary sessions or at meetings of par- ings, for example). Deputies may also es- conscience and in good faith. In the course of lative body and is the main symbol of democratic shall respect protection of minorities.” liamentary bodies such as committees and com- tablish investigative commissions in order the campaign, it is prohibited to publicize un- representation. As an elected body, the Parlia- missions. for certain matters to be investigated in an true information regarding candidates and polit- 1) 2) 3) 4) (Aricle 6, Constitution) ment ensures the democratic legitimacy of the Members of the public may also participate in independent manner. ical parties and campaigning is strictly forbidden entire constitutional system of government. For tours of the parliamentary buildings or in ex- 1) Frantíšek Palacký (1798–1876), leading figure of Czech political and public life d) The creationary function in the area near polling stations at the time of this reason, i.e. in order to fulfill its representa- pert seminars organized and held throughout in the 19th century, A resolution of the Chamber of Deputies is ad- declaration of a state of war, for a vote of non- This function is typical primarily for parlia- elections. The law also provides that no statistical tive function, the Parliament must build lasting the year by the Division for communication and 2) Karel Havlíček Borovský (1821–1856), politician and journalist with strong influence opted by the vote of a majority of actually pres- confidence in the Government and for votes to polls regarding the elections may be made public education of the Parliamentary institute. mentary forms of government in which the ent Deputies, i.e. by a regular majority. In cer- override the veto of the President of the Czech relationships with the public. in the time period commencing three days prior on Czech public opinion parliament plays a central role in the Con- 3) František Ladislav Rieger (1818–1903), parliamentararian and politician in the 19th tain cases, however, the Constitution provides Republic or to override the Senate. to elections and ending at the end of voting. Po- stitutional system as a whole. This is best century that a resolution of the Chamber of Deputies The Rules of Procedure of the Chamber of The Chamber of Deputies of the Parliament of the Czech Republic, litical parties, political movements and coalitions seen in the case of the role of the Czech 4) Tomáš Garrigue Masaryk, President of the Czechoslovak Republic from 1918 may only be adopted by a qualified majority. Deputies distinguish two basic methods of vot- Sněmovní 4, 118 26 PRAGUE 1 Czech Republic Parliament in electing the President of the A qualified majority requires a vote in favour ing – by public vote or by secret ballot. In The Information Centre of the Chamber of Deputies of the Parliament of the Czech Republic Czech Republic at a joint meeting of both The electoral system determines the method ber of Deputies. Participation in these plenary by three fifths of all Deputies, i.e. 120 Deputies. the standard procedure, voting takes place by Malostranské náměstí 6/18 Fax:(+420) 257 172 307 chambers of the Czech Parliament. In addi- for allocating mandates within the legislative sessions is not, however, the only responsibil- This qualified majority is required for the adop- a public vote so that the public, i.e. the elector- PRAGUE E- mail: [email protected] tion, the Chamber of Deputies and the Sen- body. The Czech Constitution provides that ity of Deputies. The calendar of the Chamber tion of a constitutional law or for the ratification ate, can see how a Deputy voted in each par- Tel: (+420) 257 174 117 http://www.psp.cz ate elect or propose candidates for the exer- elections to the Chamber of Deputies take of Deputies is divided into a six-week cycle. of an international treaty, where the treaty trans- ticular case. Voting is carried out most often by Opening hours: Mon. to Fri. 9:00 AM to 4:00 PM. cise of certain important functions (judges place on the basis of proportional represtan- The first two weeks of this cycle are reserved fers some powers of the state to an international means of an electronic system and by raising of the Constitutional Court, the Ombuds- taiton (as opposed to elections to the Senate, for meetings of committees of the Chamber of organization or institution. In certain other cas- hands. The results of such a vote are immedi- Opyš man, Members of the Supreme Audit which take place on the basis of a two-round Deputies. In fact, some of the most important es, the Constitution provides that a resolution of ately displayed on a display panel and published Office etc.). majoritarian system). In order to be allocated decisions regarding bills are made in ­committee the Chamber of Deputies may only be adopted on the web pages of the Chamber of Deputies. Jelení příkop The Office of the Government by an absolute majority. An absolute major- Exceptionally, voting is carried out on a name seats in the Chamber of Deputies, a political meetings. The third week, also called the Metro Malostranská Elections to the Chamber party must gain at least 5% of all votes cast. In ­Constituency week, is reserved for Deputies to ity requires a vote in favour by a majority of all by name basis. This method is employed when M Deputies, i.e. 101 Deputies. This kind of abso- voting on confidence or non-confidence in the the case of a coalition of political parties, this work in their constituencies. The fourth and sv. Vít Valdštejnská tram. of Deputies: lute majority is required for votes regarding the ­Government. The Senate 12, 20, 18 minimum threshold is multiplied by the num- fifth weeks are when the plenary session of the 22, 23 Elections to both chambers of the Parliament Prague Castle Klárov ber of political parties forming the coalition. Chamber of Deputies is held. The sixth week Valdštejnské of the Czech Republic are held on the basis of nám. Valdštejnský The formula applied for dividing seats among is reserved for a possible continuation of the palác Mánesův most a universal, equal and direct right to vote by se- Sněmovní a zahrada political parties which have met this threshold ­plenary session, should two weeks be insuffi- The Chamber cret ballot. The main principles of parliamentary of Deputies Letenská is the d’Hondt system, which provides for the cient for all points on the agenda to be deliber- Thunovská elections are outlined in the Constitution of the division of the election results of the political ated. Vojanovy sady Czech Republic and in Act no. 24/1995 of the The stone portal at the main entry to the build- Nerudova parties by the numbers 1, 2, 3 to n. Mandates Malostranské Collection of laws. The right to vote is granted to nám. tram. ing located at Sněmovní 1 are then allocated to the parties in accordance all Czech citizens of 18 years of age or older. The Voting in the Chamber 12, 20 with the size of their shares, as determined by 22, 23 right to be elected to the Chamber of Deputies of Deputies: of parties with candidates standing for election Vltava this method. Mostecká is granted to all Czech citizens of 21 years of age to the Chamber of Deputies are entitled, in to- Voting is a typical method employed in the de- Tržiště or older. Elections are called by the President of tal, to 14 hours of free broadcast time on Czech The pace of work of the cision-making procedures of all parliaments. The the Czech Republic and voting takes place in per- Radio and Czech Television (public broadcast- Chamber of Deputies may only adopt a resolu- Karlův most Kampa manent electoral districts. Votes may also be cast ing). This time is equally divided between the Chamber of Deputies: tion if deliberations are attended by a minimum at Czech embassies abroad. Voters are required parties, movements and coalitions standing for The most visible activity of Deputies is their quorum of one third of all Deputies, i.e. 67 Dep- Published by the Division for communication and education, 2008 © Office of the Chamber of Deputies of the Parliament of to vote personally (i.e. a voter may not empower election. participation in plenary sessions of the Cham- uties. The large emblem of the Czechoslovak republic from 1920 the Czech Republic, Illustrations by ing. Arch. Odřej Šěfců, Graphic layout Vladimír Vyskočil - Koršach