| Parliament name (generic / translated) |
Parlament / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Senat / Senate |
| Related chamber (for bicameral parliaments) |
Poslanecka Snemovna / Chamber of Deputies
|
| 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) |
| 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 (Art. 25 (b) of the Constitution; the Senate cannot be dissolved) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 24 of the Constitution)
· Procedure (Art. 24 and 25 of the Constitution)
· 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)
(b) Loss of mandate for loss of eligibility to hold office (Deprivation of competence to make legal transactions; Art. 25 (d) of the Constitution)
(c) Loss of mandate for incompatibilities (Art. 22 and 25 (f) of the Constitution)
(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 senator
- Rulings of the Constitutional Court on corrective means against a decision in the matter of verifying the election of a senator (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 senators
· Outside Parliament: the customary order of precedence ranks the President of the Senate in the 2nd position, the Vice-Presidents of the Senate in the 7th position, and the other senators in the 11th position.
|
| Indemnities, facilities and services |
· Diplomatic passport
· 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.): 61,400 koruny (US$ 1 = 8.374 Czech koruny) per month
+ Additional allowance: according to position
· No exemption from tax for the basic salary and the additional allowance
· No special pension scheme
· Other facilities:
(a) Secretariat, including computers
(b) Assistants
(c) Official housing for the President
(d) Security guards for the President
(e) Postal and telephone services
(f) Travel and transport, including a travel allowance and an allowance for representation
|
| 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:
· 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 senator 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 Senate
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 |
· There is no training/initiation process on parliamentary practices and procedures for MPs. |
| 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.
· 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 |
|
| 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; 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; incompatibilities)
In this case, MPs have means of recourse.
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
