Czech constitutional law

What parts are the parliament made up of?

chamber of deputies and senate

what is the hierarchy for sources of law?

• Material core of constitution(the written constitution)

• EU law

• constitutional order(customary law, unwritten law)

• International treaties

• Statutes

• regulations

• By-laws

how often is there elections for president of the republic?

every 5 years

what is required for a local referendum?

• Municipality

• 6-35% signatures from citizens

• turn out of at least 35% with 25% voting in favour

what are the voting principles?

• Universal suffrage (age and citizenship)

• equal suffrage

• direct suffrage

• secret ballot

• 
  

When can people with non-czech eu citizens vote?

European parliament and local elections

Rules for right to be elected for chamber of deputies

• 21 year old citizen

• only registered political parties can run

Rules for right to be elected for senate

• 40 year old citizen

• besides candidates nominated by parties also independent candidates can stand

what electoral system does the chamber of deputies have?

proportional electoral system

what electoral system does the senate have?

Majority electoral system

what electoral system does the president of republic have?

Majority electoral system

what electoral system does the regional councils have?

proportional electoral system (along with local councils, chamber of deputies) (anything not president on senate

what is proportional representation

• In general, seats are to be allocated to political parties in proportion to the votes they receive at election

• E.g: getting 25% of votes means you get 25% of seats in chamber of deputies

what are the threshold requirements for a proportional election?

• Elections are to result in a Chamber of Deputies the composition of which enables the attainment of a political majority capable of forming a government

• It is accepted to incorporate integrative stimuli where serious reasons are there for their existence under the supposition that an unrestricted proportional system would result in the fragmentation of votes among a large number of political parties, threatening the parliamentary system’s capacity to function and to adopt measures

• percentage is around 5% thresholds or 8-11% for coalitions

how does the senate election system work

• Majority system

• two rounds: In the first round the candidate with absolute

  majority of votes is elected; in the second round only two most

  successful candidates run, winner gets the seat

• 
  

How is the election of the president done?

• Direct election of the president of the republic

• to be nominated either by 20 deputies or 10 senators or 50 000 citizens

How many self-governed regions are there?

14

when did czechoslovakia gain independence?

October 28th 1918

When did Czechia become a republic?

1992

how does the legislative procedure work?

• one member of the house of deputies introduces a bill(deputies do it instead of government, but can be government or deputies)

• chamber of deputies have to approve this bill

• senate has to approve or deny —> if no answer in 30 days? then it is considered approved —> if senate denies it goes back to chamber of deputies and they could overrule the senate but only with absolute majority

• president has 15 days to sign the bill and return it to chamber of deputies but chamber of deputies can overrule the president

• published in the collection of law(promulgation)

what are some exceprions to standard procedures of legislative processes?

1. State budget → regulation of state budget → formal statute → decided only in chamber of deputies because it is connected to the government, only gov can accept street budget 

2. Constitutional acts → require ⅗ of all deputies and ⅗ of senators present → president has no veto and senate cannot be outvoted 

3. Laws needing both chambers → need senate and chamber of deputies → guardian of the senate → electoral law → chamber needs senate’s approval for this 

4. Statutory measures of the senate → gov can initiate special bill which would be statutory measure of the bill and it must be approved later by the newly elected chamber of deputies → role of the senate continuous 

what type of republic is czechia and what does that mean ?

Parliamentary republic —> dualism —> government and head of state —> government is the supreme body of the executive

what are some examples of executive dualism?

• countersignatures from both government and president

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what are some roles for the president?

• can dissolve chamber of deputies

• has to sign bills passed through the chamber of deputies

• elects prime minister

• is international representation in conferences and such

• appoints judges

• has immunity

• appoints members of the czech banks and auditing

• supreme commander of armed forces

what concludes the electoral term for the president

• expiry of the term (5 years)

• resignation

• death

• serious breach of constitutional rights

• 
  

what does the government consist of?

• executive: president and prime minister

• legislative: senate and chamber of deputies

• judicial: constitutional courts and regional and local courts

 Can members of the Government take a seat in Parliament and keep their executive role?

yes

To which chamber of Parliament is the Government politically accountable?

Chamber of Deputies

Can, in general, fundamental rights be limited?

-by law

• legitimate aim

• suitable

• necessary

• proportional

conditions for the right to strike in labour law

• the employee is obliged to work

• if collective bargaining fails, a strike may happen (under further specific conditions)

• if there is a legal strike, the employer must show respect and shall not terminate the

contract on this basis

what is rationality test

Is there a reasonable connection between the government's measure and its legitimate aim?

It generally involves two questions:

1. Legitimate aim: Is the government pursuing a valid objective?

2. Rational connection: Does the measure have a reasonable connection to achieving that objective?

The court does NOT ask whether this is the best or most effective solution.

Example: Healthcare fees

• Aim: Reduce unnecessary doctor visits.

• Measure: Introduce fees for healthcare visits.

• Rational? Yes. Fees might discourage unnecessary visits.

Even if there are better alternatives, the measure can still pass.

what is proportionality test

he court examines whether the government has gone too far when limiting a person's rights.

It generally involves four steps:

1. Legitimate aim: Is the government pursuing a valid objective?

2. Suitability: Is the measure capable of achieving that objective?

3. Necessity: Is there a less restrictive alternative that would achieve the same objective?

4. Proportionality stricto sensu (balancing): Do the benefits of the measure outweigh the harm caused to individual rights?

Example: Healthcare fees

• Aim: Reduce unnecessary doctor visits.

• Suitability: Do fees actually help reduce unnecessary visits?

• Necessity: Could the government achieve this through a less restrictive measure, such as better appointment systems?

• Balancing: Are the benefits of reducing unnecessary visits worth the potential harm to people who cannot afford healthcare?

rationality vs proportionality test

The rationality test is less strict: it asks whether a government measure has a reasonable connection to a legitimate aim, without requiring it to be the best solution. The proportionality test is stricter: it examines whether the measure is suitable, necessary (whether a less restrictive alternative exists) and balanced against the harm it causes to individual rights.

when do you use rationality vs proportionality

if the core right is infringed? yes, proportionality test (suitable, necessary and proportional)

if the core right is not infringed? No → Rationality test (Legitimate aim, rationality)

In simple terms: Before deciding how strictly to examine a government measure, the court asks whether it threatens the very essence of the right or merely limits how that right can be exercised.