| Parliament name (generic / translated) |
Parlament / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Poslanecka Snemovna / Chamber of Deputies |
| Related chamber (for bicameral parliaments) |
Senat / Senate
|
| NATURE |
| Nature of the mandate |
· Free representation (Art. 26 of the Constitution of 01.01.1993) |
| Start of the mandate |
· On the election day (Art. 19 (3) of the Constitution, S. 2 of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies) |
| Validation of mandates |
· Validation by the Central Election Board (S. 12 (6) of the Act No. 247 on Elections to the Parliament of the Czech Republic and on Amendments to Certain Other Acts)
· Procedure (S. 12 (1), and (4) to (6) of the Act No. 247 on Elections to the Parliament of the Czech Republic and on Amendments to Certain Other Acts)
|
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (Art. 25 (b) and (e) of the Constitution, S. 6 (b) and (e) of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies; for early dissolution, see Art. 34 (4) and 35 of the Constitution) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 24 of the Constitution, S. 3 of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies)
· Procedure (Art. 24 and 25 of the Constitution, S. 3 and 6 (c) of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies)
· Authority competent to accept the resignation: the resignation does not need to be accepted
|
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate for refusal to take the oath of office or taking it with reservations (Art. 25 (a) of the Constitution, S. 6 (a) of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies)
(b) Loss of mandate for loss of eligibility to hold office (Deprivation of competence to make legal transactions; Art. 25 (d) of the Constitution, S. 6 (d) and 8 of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies)
(c) Loss of mandate for incompatibilities (Art. 22 and 25 (f) of the Constitution, S. 6 (f) and 7 and 8 of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies).
(d) Loss of mandate by judicial decision:
- Rulings of the Constitutional Court in matters of doubt on the loss of eligibility and on the incompatibility of the post of deputy
- Rulings of the Constitutional Court on corrective means against a decision in the matter of verifying the election of a deputy (see Validation of mandates)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The Vice-President
3. The Chairpersons of committees
4. The Chairpersons of parliamentary groups, according to the number of group members
5. The other MPs
· Outside Parliament: the customary order of precedence ranks the President of the Chamber of Deputies in the 3rd position, the Vice-Presidents of the Chamber of Deputies in the 8th position, and the other deputies in the 12th position.
|
| Indemnities, facilities and services |
· Diplomatic and official passport (for the latter, see S. 5 of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies)
· Basic salary (see Act No. 236/1995 Coll. on the Salary and Other Indemnities Associated with the Execution of the Office of Representatives of State Power and Some State Bodies and Judges, in the wording of Act No. 138/1996 Coll.): CSK 33,700 per month (increase for deputies with certain functions)
+ Additional allowance: 13th and 14th pay in the course of the calendar year
· No exemption from tax for the basic salary, the 13th and 14th pay, and the transitional moluments (see Others)
· No special pension scheme
· Other facilities:
(a) Secretariat (see also S. 117 and 118 of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies)
(b) Assistants
(c) Official housing
(d) Official car for the President and the Vice-President, chairpersons of committees and parliamentary groups
(e) Security guards in cases laid down by law (see also S. 119 of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies)
(f) Postal and telephone services
(g) Travel and transport
(h) Others
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 27 (1) and (2) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: conduct during speeches which could otherwise be subject to criminal prosecution, insult, offence (Art. 27 (2) of the Constitution, S. 13 (1) to (3) of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies; see Discipline)
· Non-accountability takes effect on the day when the mandate begins. It offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate under certain circumstances.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 27 (3) to (5) of the Constitution).
· It applies only to criminal proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations: in case of flagrante delicto, a deputy may be held in custody. Further procedure (Art. 27 (5) of the Constitution).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal. However, MPs have the right to withhold testimony about matters of which they have learnt in connection with the performance of their official duties, even after they have ceased to be MPs (Art. 28 of the Constitution).
· Protection is provided from the start to the end of the mandate and also covers judicial proceedings instituted against MPs before their election. However, if the chamber has not been requested (or has not refused) to give its consent, the MP can be prosecuted after the expiry of the mandate.
· Parliamentary immunity (inviolability) can be lifted (Art. 27 (4) of the Constitution) (exception: minor offences; Art. 27 (3) of the Constitution):
- Competent authority: the Chamber of Deputies
- Procedure (S. 12 and 29 (2) (b) of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies). In this case, MPs can be heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
|
| EXERCISE OF THE MANDATE |
| Training |
· Handbooks of parliamentary procedure:
- Handbook containing Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies and an overview of legislation on the status and scope of activities of Parliament, on the Chamber of Deputies, its bodies and deputies, etc.
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings, committee meetings, and other bodies of the chamber of which they are members (S. 9 (1) of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies, for excuses, see S. 9 (2) to (5) of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies).
· Penalties foreseen in case of failure to fulfil this obligation (S. 38 of the Act No. 236/1995 Coll. on the Salary and Other Indemnities Associated with the Execution of the Office of Representatives of State Power and Some State Bodies and Judges): deduction of indemnities
|
| Discipline |
· The rules governing discipline within Parliament are contained in S. 13 to 19, and 50 (1) (x) of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies.
· Specific cases for disciplinary measures:
- Conduct during speeches which could otherwise be subject to criminal prosecution (Art. 27 (2) of the Constitution, S. 13 (1) and 15 (1) of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies): order to apologise, fine up to one month's pay
- Insult (S. 13 (2) and 15 (1) of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies): order to apologise, fine up to one month's pay
- Offence (S. 13 (3) and 15 (2) of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies): warning, fine
- Improper conduct (S. 19 (1) of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies): warning, order to leave the meeting room
· Competent body to judge such cases/to apply penalties:
- Conduct during speeches which could otherwise be subject to criminal prosecution, insult, offence: the Mandate and Immunity Committee or another committee; the Chamber of Deputies (appeal)
- Improper conduct: the acting president; the Chamber of Deputies (appeal)
· Procedure:
- Conduct during speeches which could otherwise be subject to criminal prosecution (S. 13 (4), 14 (1), and (3) to (5), 15 (3) and (4), 16 to 18, and 50 (1) (x) of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies)
- Insult (S. 13 (4), 14, 15 (3) and (4), 16 to 18, 50 (1) (x) of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies)
- Offence (S. 13 (4), 14 (1), and (3) to (5), 15 (4), 16, 18, and 50 (1) (x) of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies)
- Improper conduct (S. 19 (2) and (3), 50 (1) (x) of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 22 and 25 (f) of the Constitution, S. 6 (f) and 7 and 8 of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies; for the declaration of assets, see Obligation to declare personal assets).
· Penalties foreseen for violation of the code of conduct: loss of mandate (Art. 22 and 25 (f) of the Constitution, S. 6 (f) and 7 and 8 of the Act No. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies; incompatibilities)
· Procedure. In this case, MPs have means of recourse.
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
