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CZECH REPUBLIC
Senat (Senate)

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

Modules:
GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Parlament / Parliament
More photos  >>>
Structure of parliament Bicameral
Chamber name (generic / translated) Senat / Senate
Related chamber (for bicameral parliaments) Poslanecka Snemovna / Chamber of Deputies
Affiliation to the IPU Yes
Affiliation date(s) 1921 - 1950
1955
1993 -
LEADERSHIP
President Milan Stech (M) 
Notes Elected on 24 Nov. 2010, re-elected on 21 Nov. 2012, on 19 Nov. 2014 and on 16 Nov. 2016.
Secretary General (vacant)  
Notes 01.08.2018 -
COMPOSITION
Members (statutory / current number) 81 / 80
PERCENTAGE OF WOMEN


More statistics  >>>
Women (current number) 15 (18.75%)
Mode of designation directly elected 81
Term 6 years; one-third of the membership is renewed every two years.
Last renewal dates 7 October 2016
15 October 2016 (View details)
CONTACT INFORMATION
Address Senate
Valdstejnské námestí 4
118 01 PRAHA 1
(Export mailing lists)
Phone (4202) 57 07 11 11
Fax (4202) 57 53 44 99
E-mail kosarikovak@senat.cz
Website
http://www.senat.cz

ELECTORAL SYSTEM

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
LEGAL FRAMEWORK
Electoral law 27 September 1995
Last amendment: 5 October 2006
Mode of designation directly elected 81
Constituencies 81 single-member constituencies.
Voting system Majority: Two-round system.
If necessary, a second round is held six days after the first round. No threshold is required to win a seat in the second round.
Vacancies arising between general elections are filled through by elections held within 90 days, except in the last year of the term of the Senator concerned.
Voting is not compulsory.
Voter requirements - age: 18 years
- Czech citizenship (including naturalized citizens)
- residence in the country at the time of the election
- disqualifications: restricted freedom of movement for public health reasons, legal incapacity to vote.
CANDIDATES
Eligibility - qualified electors
- age: 40 years
- Czech citizenship (including naturalized citizens)
- ineligibilities: insanity/mental illness, holders of temporary entry permits, undocumented immigrants, members of the Electoral Commission, restricted freedom of movement for public health reasons, legal incapacity to stand for election
Incompatibilities - President of the Republic
- judge, attorney or State arbiter
- member of the Chamber of Deputies
- head of a local authority
Candidacy requirements - by political parties, coalitions, or independents
- candidatures must be submitted at least 60 days prior to polling, accompanied by monetary deposit of Kcs 20,000, reimbursed if the candidate has obtained at least 6% of the vote in the constituency concerned.
- any contending party must have at least 10,000 members or supporters
- list of candidates in each district must be submitted at least 60 days prior to polling

LAST ELECTIONS

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
BACKGROUND
Dates of election / renewal (from/to) (from/to)7 October 2016
15 October 2016
Timing and scope of renewal Despite generally positive economic conditions, the three parties in Prime Minister Bohuslav Sobotka's ruling coalition took only 11 of the 27 seats up for renewal in 2016. The coalition nevertheless retained a majority, now holding 48 seats in the 81-member Senate.

The Prime Minister's Czech Social Democratic Party (CSSD) remained the largest force but saw its share of seats reduced from 33 to 25. Deputy Prime Minister Pavel Belobradek's Christian Democratic Union - Czechoslovak People's Party (KDU - CSL), took the highest number of seats in 2016, to hold 16 seats in all. The main opposition Civic Democratic Party (ODS) led by Mr. Petr Fiala now holds 10 seats. During the election campaign, the major parties focused on health care, security, education, social services and anti-corruption measures. As in previous elections, the Senate elections saw a low turnout: 33.54% in the first round and 15.38% in the second round.
Date of previous elections: 10-11 & 17-18 October 2014

Date of dissolution of the outgoing legislature: N/A

Timing of election: Upon normal expiry

Expected date of next elections: October 2018

Number of seats at stake: 27 (partial renewal)

Number of candidates: 233 (190 men, 43 women)

Percentage of women candidates: 18.4%

Number of parties contesting the election: 44

Number of parties winning seats: 12

Alternation of power: No

Number of parties in government: 3

Names of parties in government: Czech Social Democratic Party (CSSD), Christian Democratic Union - Czechoslovak People's Party (KDU - CSL), ANO 2011

Date of the first session of the new parliament: 17 November 2016

Name of the new Speaker: Mr. Milan Stech (CSSD)
STATISTICS
Voter turnout
Round no 1 (from/to)7 October 2016
15 October 2016
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
2'780'706
932'616 (33.54%)

Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Christian Democratic Union - Czechoslovak People's party (KDU - CSL)
ANO
Civic Democratic Party (ODS)
Mayors and independents (STAN)
Tradition Responsibility Prosperity 09 (TOP 09)
Czech Social Democratic Party (CSSD)
Independents
Movement for Prague 11 (HPP 11)
Mayors for the Liberec Region (SLK)
Severocesi.cz political movement (S.cz)
Patriotic Citizens (OPAT)
Citizens Together (OSN)
Green Party (SZ)
Distribution of seats
Round no 1
Political Group Total of seats
Christian Democratic Union - Czechoslovak People's party (KDU - CSL) 6
ANO 3
Civic Democratic Party (ODS) 3
Mayors and independents (STAN) 2
Tradition Responsibility Prosperity 09 (TOP 09) 2
Czech Social Democratic Party (CSSD) 2
Independents 2
Movement for Prague 11 (HPP 11) 1
Mayors for the Liberec Region (SLK) 1
Severocesi.cz political movement (S.cz) 1
Patriotic Citizens (OPAT) 1
Citizens Together (OSN) 1
Green Party (SZ) 1
Distribution of seats according to sex
Men

Women

Percent of women
21

5

19.23%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Note on the election dates:
The 2016 elections to the Senate were held on 7 and 8 October (1st round) and on 14 and 15 October (2nd round). No candidates secured the required majority in the first round.

Note on the number of women in the Senate
The 2016 elections were held for 27 seats in the 81-member Senate. Initially, six women were elected. However, on 10 November, the Supreme Administrative Court nullified the election of one woman candidate from the Severocesi.cz political movement (S.cz) and ordered fresh elections in that constituency. Consequently, the number of seats for S.cz decreased from two to one. This meant that five women out of the 26 senators elected in 2016 joined the Senate on 17 November. As at 25 November, there were 15 women out of 80 senators.

Note on the Distribution of seats:
The distribution of seats described above refers to the 27 seats that were up for renewal in 2016. On 10 November, the Supreme Administrative Court nullified the election in one constituency and ordered fresh elections. The Severocesi.cz political movement (S.cz) had initially won in that constituency. Consequently, the number of seats for S.cz decreased from two to one. The newly elected members joined the incumbent senators on 17 November.
The statistics below refer to the composition of the Senate as at 25 November 2016, according to Senate caucuses and the number of seats held by each caucus. There were 80 senators and one vacancy.
- Czech Social Democratic Party caucus: 25
- Christian-Democratic Union – Czechoslovak People's Party and Independents caucus: 16
- Mayors and Independents caucus: 11
- Civic Democratic Party caucus: 10
- Caucus ANO: 7
- Independent senators: 11
Source: http://www.senat.cz/organy/index.php?ke_dni=25.11.2016&O=11&lng=en&par_1=K

Sources:
Senate (31.10.2016, 24.11.2016, 25.11.2016)
http://volby.cz/pls/senat/se31?xjazyk=CZ&xdatum=20161007&xv=1
http://www.volby.cz/pls/senat/se1111?xjazyk=CZ&xdatum=20161007&xv=9&xt=1
http://www.senat.cz/organy/index.php?ke_dni=25.11.2016&O=11&lng=en&par_1=K
http://www.reuters.com
http://www.radio.cz/en
http://praguemonitor.com/
http://www.czechcompete.cz

PARLIAMENTARY MANDATE

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.

This page was last updated on 3 August 2018
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