IPU PARLINE database: CZECH REPUBLIC (Poslanecka Snemovna), Oversight

Parliament name (generic / translated)

Parlament / Parliament

Structure of parliament

Bicameral

Chamber name

Poslanecka Snemovna

Related chamber (for bicameral parliaments)

Senat / Senate

Type of political regime

parliamentary

Notes

The President of the Republic is the Head of State and elected at a joint meeting of both chambers (Article 54 of the Constitution). The Prime Minister organises the work of the government, presides over its meetings, acts in its name and pursues other activities entrusted to him by the Constitution or other laws (Article 77 of the Constitution).

Head of the executive

Prime Minister

Notes

Although the President is a part of the executive, the government is the supreme body of executive power (Article 67 of the Constitution). The government consists of the Prime Minister, who is the Head of the executive, deputy Prime Ministers and ministers.

Method for appointing the executive

The President is elected at a joint meeting of both chambers. The nomination of a candidate for the presidency may be introduced by not less than ten deputies or senators (Article 58 of the Constitution). The candidate who has won the majority of votes of all deputies and of all senators is elected President. The President appoints and dismisses the Prime Minister and, on the Prime Minister's proposal, the other members of Government (Article 68 of the Constitution).

Term of office of the executive and coincidence with the term of the legislature

The President's term of office is five years and does not coincide with the term of the legislature, which lasts four years.

Incompatibility of the functions of member of the executive and member of Parliament

No

Government membership is compatible with the membership in either chamber. A deputy or a senator who is a member of the government may not be the Speaker or deputy Speaker of the Chamber of Deputies or of the Senate, or a member of a parliamentary committee, an investigatory commission or ordinary commission (Article 32 of the Constitution).

Dissolution of Parliament

Yes

Circumstances

The Chamber of Deputies may be dissolved if (i) it fails to vote confidence in a newly appointed government, the Prime Minister whereof having been appointed by the President on the proposal of the Speaker of the Chamber of Deputies; (ii) it has not decided on a government bill the consideration whereof the government has tied to a question of confidence; (iii) the session of the Chamber of Deputies has been recessed for a longer than admissible period; and if (iv) it has not had a quorum for a period longer than three months although its session was not recessed and although during the said period it had been repeatedly convened to meet (Article 35 of the Constitution). The Senate cannot be dissolved.

Modalities

The Chamber of Deputies may be dissolved by the President up to three months prior to the end of its term. The term may be extended for six months only in circumstances provided by the constitutional law on security. In 1996, the Chamber of Deputies passed a constitutional law by which its term was shortened, because the parties represented were unable to form a stable government.

Accountability of Government to Parliament

Yes

The government is collectively accountable to the Chamber of Deputies. The responsibility for a decision made by the President, which must be countersigned by the Prime Minister or a member of government authorised by him, is borne by the government (Article 63, paragraph 4 of the Constitution).

Modalities of oversight

Oral and written questions of parliamentarians

Any deputy has the right to put oral and written questions to the government or to individual members, on any issue falling under the government's authority. A parliamentary debate may be held on the response to a written question that has been entered on the agenda of a meeting. On the basis of a proposal from the deputy who posed the question, the Chamber adopts a resolution agreeing or disagreeing with the reply to the question. In the event that the resolution expresses disagreement, the member of government involved has a duty to prepare a new reply within 30 days.

Government reports to Parliament

There is no legal requirement to do so, but the government usually submits reports on its activities to the parliament.

Measures

Vote of confidence on Government programs and/or legislative proposals

Within 30 days after its appointment, the government presents itself to the Chamber of Deputies and asks it for a vote of confidence (Article 68, paragraphs 3-5 of the Constitution). If a newly appointed government fails twice to win the confidence of the Chamber, the President of the Republic appoints a Prime Minister on the proposal of the Speaker of the Chamber. In other cases, the President appoints and dismisses, on the proposal of the Prime Minister, the other members of Government and entrusts them with the direction of ministries or other agencies.

Motions of censure and votes of no confidence (sub-report)

Circumstances

The Chamber of Deputies may express no confidence in the government (Article 72 of the Constitution). The reasons a no-confidence motion are not specified.

Modalites

A motion to express no confidence in Government is considered by the Chamber of Deputies only if it is filed in written form by no less then 50 deputies. The motion is carried when 101 deputies vote in favour of it.

Consequences

The government resigns if the Chamber votes a no-confidence motion. If a motion of no confidence is accepted, the Prime Minister submits his resignation to the President. Other members of government submit their resignations to the President through the Prime Minister.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The President may be impeached by the Senate for high treason (Article 65, paragraph 2 of the Constitution). Prosecution for criminal offences committed by the President while performing his or her office is not provided for.

Modalites and procedure

Only the Senate may bring a constitutional action for high treason against the President. The decision to do so is taken by the Constitutional Court.

Consequences

The incumbent may be divested of the office of President as well as his or her eligibility to regain it.

Have these procedures been applied?

Oversight over the actions of the Government administration

No

The government is responsible to the Chamber of Deputies, and because of this responsibility, it gives the Chamber its programme declaration prior to the debate on the vote of confidence. During its term of office, the government usually also submits reports on its activities.

Means and modalities of oversight

Hearings in Committees

Any member of the government has to appear personally at a meeting of the Chamber of Deputies when summoned by the Chamber (Article 38, paragraph 2 of the Constitution). This also applies to meetings of a committee, a commission or commission of inquiry, where, however, the respective member of the government may let himself or herself be represented by his or her deputy or another member of the government, unless his or her personal presence is expressly requested.

Committees of inquiry and missions to Government departments

In order to investigate a matter of public concern, the Chamber of Deputies may establish a commission of inquiry if not less than one fifth of the deputies so move (Article 30 of the Constitution).

Oral and written questions of parliamentarians

Any deputy has the right to put questions to the government or its members regarding issues that fall under their authority. Deputies present questions orally, or in writing through the Speaker of the Chamber. A time period from 2.30 p.m. to 3.15 p.m. is set aside on each meeting day that falls on a Thursday for oral parliamentary questions to the Prime Minister. The time set aside for putting parliamentary questions to other members of the government is from 3.15 p.m. to 4.10 p.m. on the same day. A minister to whom a question is put, responds to it immediately. Following the reply, the deputy who put the question may put a supplementary question. In the event that the person to whom the question is put is not present, or in the event that he/she declares that it is not possible to respond to the question immediately, then he/she responds to the deputy in writing within 30 days.

The Speaker sends written questions to the Prime Minister or other member of the government without delay. The minister responds to a written question at a meeting of the Chamber of Deputies or in writing within 30 days of its submission. In the event that a deputy is not satisfied with the reply to a written question, he/she may ask the Speaker to enter it on the agenda of a meeting of the Chamber. A parliamentary debate may be held on the response to a written question that has been entered on the agenda of a meeting. On the basis of a proposal from the deputy who posed the question, the Chamber adopts a resolution that expresses agreement or disagreement with the response to the question. In the event that the resolution expresses disagreement, the member of the government has a duty to prepare a new response within 30 days.

Role of Parliament in the appointment of senior Government officials

The parliament plays a role in appointing some independent executive officials and control bodies, such as (i) the President and Vice-President of the supreme audit office, appointed by the President on proposal of the Chamber of Deputies; (ii) members of the TV and Radio Broadcasting Council, which control TV and Radio broadcasting, appointed by the Chamber of Deputies; (iii) the chairman of the Czech television corporation is elected by the Chamber of Deputies; (iv) members of the Land Fund are elected by the Chamber of Deputies on the proposal of the government; (v) the chairman of the office for personal data protection is appointed by the President on the proposal of the Senate; and (vi) members of the national property fund, with the exception of the chairman, are elected by the Chamber of Deputies.

Activity reports of the Government administration and of public services or establishments

The land fund, the transport fund, the environment ministry, the national property fund, the grant agency and others must send activity reports to the Chamber of Deputies.

Representation of Parliament in governing bodies of the Government administration

Parliamentary membership is incompatible with employment in the administrative service.

Existence of an ombudsman

Yes

Method for appointing the executive

The Ombudsman - called the "public defender of rights" - is appointed by the Chamber of Deputies from four candidates. Two candidates are nominated by the President and two by the Senate.

Relationship to Parliament

The Ombudsman submits regular reports to the parliament, and may also send individual reports from time to time.

Consultation of Parliament in the preparation of the national budget

No

The Chamber of Deputies is the only body that decides and debates the state budget. There are no compulsory preparatory consultations.

Modalities of oversight

Examination of the budget / finance act by Parliament

Government submits the draft budget bill to the Speaker. During the first reading, the Chamber discusses, in a general debate, the basic information in the draft bill. The Chamber approves the basic information, or it recommends changes to the government and stipulates a deadline for submitting a new draft. The deadline for a new draft may not be shorter than 20 days, and may not be longer than 30 days from the time the Chamber's resolution is delivered to the Prime Minister. In the event that the Chamber approves the basic information in the draft bill, this information may not be changed during subsequent discussion of the bill. The Chamber concurrently decides on assigning individual chapters of the draft bill to committees.

Committees discuss the individual chapters of the draft bill assigned to them within the deadline stipulated and submit their resolutions to the budget committee. During the second reading, the draft bill is introduced by the submitting party, after which the budget committee's reporting person speaks. The parliament debates the draft bill and the budget committee's resolution in detail, amending proposals and submitting others as required. Amendments and other proposals are printed out and sent to all deputies by the Speaker of the Chamber without delay.

The third reading of the state budget bill may start no earlier than 48 hours after the second reading has been completed. At the third reading, a parliamentary debate takes place. In this debate, the only things which may be proposed are corrections of legislative mistakes of a technical nature, corrections of grammatical mistakes and mistakes in writing or printing arising out of amendments to proposals which were presented, and proposals for repeating the second reading. At the conclusion of the third reading, deputies vote on amendments and other proposals to the bill. After this, they decide whether to accept the state budget draft bill.

Reports on the budget / finance act by Committees

The budget committee discusses the resolutions from the various committees and/or opposing views taken on individual chapters of the draft bill with the participation of the reporting persons of the various committees and adopts resolutions on them. The budget committee submits its resolution and its opposing view/report, if there is one, to the Speaker. The latter has these documents printed and delivers them to all deputies, Deputies' clubs and to the submitting party at least 24 hours prior to the start of the second reading of the draft bill. He/she does likewise with the resolutions of a committee, where that committee has adopted a resolution that is not in agreement with the resolution of the budget committee.

Fields overseen

Defence budget

The parliament exercises oversight over all public funds.

Budget of special departments

Not applicable

Role of Parliament in national development plans

Not applicable

Parliament's deadline for the examination and adoption of the budget / finance act

The government submits the draft act on the budget to the Chamber of Deputies no later than three months prior to the start of a new budget year (government fiscal year). There is no deadline regulated by law, but the usual deadline is the end of the year

Consequences of failure by Parliament to adopt the budget / finance act

In the event of a budgetary deadlock, the so-called budgetary provisorium (temporary budget) comes into play. For each month, this represents one twelfth of the previous budget.

Budgetary autonomy of Parliament

Yes

The Chamber of Deputies and the Senate prepare their own budgetary chapters. The drafts are included in the state budget by the minister of finance. In case the ministry does not agree with the figures in the chapters, the final decision is made by the budgetary committee of the Chamber of Deputies.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

The Chamber of Deputies adopts the state accounts annually, but the rejection of these accounts by the Chamber has no legal consequences for the government.

Parliamentary oversight of public companies

Yes

The Chamber of Deputies oversees the financial management of some state agencies, funds in particular.

Modalities of oversight

Body for auditing the Government's books and method for appointing

The supreme audit office audits public expenditures. Its President and Vice-President are appointed by the President of the Republic on the proposal of the Chamber of Deputies. The members of the supreme audit office are appointed by the Chamber of Deputies.

Reports of the public auditor's office

The Chamber of Deputies exercises oversight over the implementation of the budget and all government spending through reports by the supreme audit office.

Specialised committee

Not applicable

Foreign Relations Committee (sub-report)

Functions of the Committee

The functions of the foreign relations committee do not differ from those of other committees.

Powers of the Committee

Committees in both Chambers are very active in inviting all responsible officials to submit reports on important foreign policy matters.

Composition of the Committee

Not available

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

Not applicable

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

The parliament can take the initiative to send parliamentary delegations to intergovernmental meetings.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The President negotiates and ratifies international treaties (Article 63, paragraph 1 of the Constitution). He may delegate the negotiation of international treaties to the government or, with its consent, to its individual members. The approval of both chambers is required to ratify international agreements (i) governing the rights and duties of persons; (ii) of alliance, peace, or other political treaties; (iii) which result in the membership of the Republic in an international organisation; (iv) that are of a general economic nature; and (v) on other issues governed by the laws of the Republic (Article 49 of the Constitution).

Other mechanisms for participation in foreign policy by Parliament

According to Article 11 of the new Government Directive on International Agreements, the Chairmen of the Foreign Affairs Committees of the Senate and the Chamber of Deputies must receive proposals of agreements. Subsequently, all members of the Committee are informed about the proposals and will have the possibility to discuss it. The Foreign Affairs Committees can also ask the responsible officials to discuss any issue, and can submit changes to texts as part of the parliamentary procedure.

National Defence Committee (sub-report)

Functions of the Committee

The functions of the Committee for Defence and Security do not differ from those of other committees.

Powers of the Committee

Not applicable

Composition of the Committee

Not applicable

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The parliament may decide to declare a state of war should the Republic be attacked or should its international contractual obligations concerning common defence so require (Article 43 of the Constitution). The parliament decides on the participation in defence systems of an international organisation of which the Republic is a member.

Role of Parliament in sending troops abroad

Unless the decisions have been reserved for the government, the parliament gives its approval for (i) the dispatch of military forces outside the national territory; and (ii) the presence of foreign military forces on national territory. The approval of a dispatch of military forces outside the territory of the Republic or of the presence of foreign military forces on the territory, as well as a decision on the participation in defence systems of international organisations of which the Republic is a member, require the consent of more than half of all deputies and more than half of all senators (Article 39, paragraph 3 of the Constitution).

Other mechanisms for participation in national defence policy by Parliament

There are no other parliamentary oversight mechanisms in addition to the above.

Circumstances

The government may declare a state of emergency in cases of natural catastrophe, ecological or industrial accident, or other danger which to a significant extent threatens life, health, or property or domestic order or security. The government shall inform the Assembly of Deputies without unnecessary delay that it has declared a state of emergency, which the Assembly of Deputies may annul.

A state of emergency may be declared for a period of no more than 30 days. The stated period may be extended only with the prior consent of the Assembly of Deputies. A state of emergency ends upon the expiry of the period for which it was declared, unless the government or the Assembly of Deputies decides to annul it prior to the expiry of that period.

Can parliament take the initiative to declare a state of emergency

Yes

Consequences of a state of emergency for Parliament

On the proposal of the government, the parliament is obliged to use the shortened legislative procedure for bills.

Modalities of oversight

Body ruling on the constitutionality of laws

A specialised body / constitutional Court

The Constitutional Court is responsible for the protection of constitutional rule (Article 83 of the Constitution). It consists of fifteen Judges each appointed for a term of 10 years. Judges are appointed by the President and are confirmed by the Senate. Any citizen of full integrity, who is eligible for election to the Senate, is the graduate of a university law school and has been active in the legal profession for at least 10 years, may be appointed as a Judge of the Constitutional Court.

Means and procedures

The Constitutional Court rules on (i) the repeal of laws or individual provisions thereof should they contravene the Constitution; (ii) the repeal of other legal regulations or individual provisions thereof should they contravene the Constitution or the law; (iii) constitutional complaints filed by territorial self-government bodies against illegal interventions by the state; (iv) constitutional complaints filed against final decisions and other interventions by agencies of public authority, violating constitutionally guaranteed fundamental rights and freedoms; (v) impeachment by the Senate of the President; (vi) presidential proposals to repeal parliamentary decisions; (vii) measures essential for the implementation of a binding ruling by an international court, unless it can be implemented in a different manner; (viii) whether a decision on a political party, conforms to constitutional or other laws; and (ix) disputes regarding the scope of the jurisdiction of state agencies and territorial self-government agencies, unless such disputes are under the jurisdiction of a different body (Article 87 of the Constitution).

The Court also decides on the conformity of international agreements with the Constitution prior to their ratification. Until a ruling of the Constitutional Court is delivered, an agreement cannot be ratified. A law determines who may file a motion to initiate proceedings and other rules of procedure before the Constitutional Court. A ruling issued by the Constitutional Court is enforceable upon its promulgation in a manner set down by law, unless the Court rules differently on its enforcement. Enforceable rulings of the Constitutional Court are binding for all agencies and individuals.

Evaluation of laws

No

Not applicable

Measures

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