Constitution of the Czech and Slovak Federative Republic (1992)
by the Government of Czechoslovakia

In the post-velvet revolution Czechoslovakia - the Czech and Slovak Federative Republic - the 1960 Constitution remained in force, though heavily amended to purge it of its initial communist character. Out of its original nine chapters, only Chapter 1 (which set out general provisions regarding the nature of the state and the socio-economic system), Chapter 7 (which dealt with local government), Chapter 8 (which dealt with the judiciary) and Chapter 9 (which set out transitional and miscellaneous provisions), with Chapters 3, 4, 5, and 6 (which dealt with the National Assembly, President, government and Slovak National Council respectively) being already repealed and replaced by the Constitutional Law on Czechoslovak Federation in 1968, and Chapter 2 (which set out the rights and duties of citizens) being repealed and replaced by the Charter of Fundamental Rights and Freedoms in 1991. Both the Constitutional Law on Czechoslovak Federation and Charter of Fundamental Rights and Freedoms are also reproduced.

2355120Constitution of the Czech and Slovak Federative Republic1992by the Government of Czechoslovakia

100/1960 Coll.; Constitution of the Czechoslovak Socialist Republic (11 July 1960)[edit]

Preamble repealed.

CHAPTER ONE. THE SOCIAL ORDER[edit]

Art. 1: The Czech and Slovak Federative Republic is a democratic state governed by the rule of law, composed of the Czech Republic and the Slovak Republic.

Art. 2: (1) All power in the Czech and Slovak Federative Republic shall belong to the working people.; (2) The working people shall exercise state power through legislative bodies which are elected by them and through the popular vote (referendum).; (3) Legislative bodies in the Czechoslovak Socialist Republic shall be: the Federal Assembly, the Czech National Council, and the Slovak National Council.

Art. 3: (1) The right to elect all legislative bodies shall be universal, equal, direct and by secret ballot. Every citizen shall have the right to vote on reaching the age of 18. Every citizen shall be eligible for election on reaching the age of 21.; (2) Members of legislative bodies - deputies - shall exercise their mandate in person and to the best of their conscience and belief; and they shall not be bound by any instructions regarding the exercise of their mandate.

Art. 4: Repealed.

Art. 5: Repealed.

Art. 6: Repealed.

Art. 7: Repealed.

Art. 8: Repealed.

Art. 9: Repealed.

Art. 10: Mineral resources, essential energetic sources, basic forest land resources, natural reserves of underground water, watercourses and natural medicinal resources shall be owned by the state. Further details shall be provided by a Law of the Federal Assembly.

Art. 11: The right of ownership to land and inheritance rights thereto shall be unaffected.

Art. 12: Ownership and usage rights may not be exercised so as to harm human health, the environment and the natural environment beyond the strict minimum.

Art. 13: The state creates conditions and establishes rules for the protection and development of entrepreneurship and competition.

Art. 14: Foreign legal entities and foreigners may acquire ownership and other property rights and conduct business in the territory of the Czech and Slovak Federal Republic under the conditions laid down by law. The state guarantees them protection of their ownership and other property rights equal to that of Czechoslovak citizens and Czechoslovak legal entities.

Art. 15: (1) Through its economic policy, the Czech and Slovak Federal Republic strives for multiplying national wealth, for a fair and equal society and for establishing necessary conditions for free development of the personality and of nations and nationalities.; (2) The state aims at reaching ecological balance by protecting nature and taking care for the creation and protection of a healthy environment as well as the environmentally friendly use of natural resources.

Art. 16: (1) The entire cultural policy of Czechoslovakia, the development of all forms of education, schooling and instruction shall be directed in the spirit of the scientific world outlook and in accordance with the principles of patriotism, humanity and democracy.; (2) The State, together with the people's organizations, shall give all possible support to creative activity in science and art, shall endeavor to achieve an increasingly high educational level of the working people and their active participation in scientific and artistic work, and shall see to it that the results of this work serve all the people.

Art. 17: (1) All citizens and all state and people's organizations shall direct all their activity according to the legal order of the socialist State, and shall see to the full enforcement of socialist legality in the life of society.; (2) People's organizations, in fulfilling their purpose, shall guide citizens to uphold the law, to maintain working discipline and the rules of socialist conduct, and shall endeavor to forestall and prevent their violation.

Art. 18: Repealed.

CHAPTER TWO. RIGHTS AND DUTIES OF CITIZENS[edit]

Repealed.

CHAPTER THREE. THE NATIONAL ASSEMBLY[edit]

Repealed.

CHAPTER FOUR. THE PRESIDENT OF THE REPUBLIC[edit]

Repealed.

CHAPTER FIVE. THE GOVERNMENT[edit]

Repealed.

CHAPTER SIX. THE SLOVAK NATIONAL COUNCIL[edit]

Repealed.

CHAPTER SEVEN. LOCAL SELF-GOVERNMENT[edit]

Art. 86: (1) The municipality is the basis of the territorial self-government.; (2) The municipality is a self-governing community of citizens. It is a legal entity; it possesses and administers its own property. The taxes and fees which shall be the income of the municipality shall be determined by law.; (3) Citizens decide on matters of local self-government in the municipal meetings or by a referendum or through the municipal councils.; (4) The right to elect members of a municipal council is universal, equal and direct; members are elected by secret ballot.; (5) The municipality may issue generally binding decrees in matters of local self-government. It may also issue orders may also be issued in matters of state administration if lawful to do so.

Art. 87

(1) Municipalities may associate in order to safeguard a common interest.

(2) The boundaries of a municipality may be altered only with its consent. The conditions and manner of the establishment, abolition, division or merger of municipalities are shall be prescribed by the Laws of the National Councils.

(3) Laws of the National Councils shall furthermore stipulate, in particular:

(a) the status, organization and competence of the municipalities,

(b) the conditions for the exercise of the right to vote and the method of elections to municipal councils and their term of office,

(c) the means of protection of the right of municipalities to local self-government,

(d) which matters are considered to be matters of local self-government,

(e) in which cases municipalities are entrusted with the performance of state administration.

Art. 88: Repealed.

Art. 89: Repealed.

Art. 90: Repealed.

Art. 91: Repealed.

Art. 92: Repealed.

Art. 93: Repealed.

Art. 94: Repealed.

Art. 95: Repealed.

Art. 96: Repealed.

CHAPTER EIGHT. COURTS AND PROSECUTION[edit]

Art. 97: The courts and the prosecution shall protect the State, its constitutional order and the rights and true interests of natural and legal persons.

Courts[edit]

Art. 98: (1) The execution of justice in the Czech and Slovak Federative Republic, Czech Republic and Slovak Republic, shall be vested in independent courts.; (2) The courts of the Czech and Slovak Federative Republic shall be the Supreme Court, Higher Military Courts and Military District Courts;; (3) The seat of the Supreme Court of the Czech and Slovak Federative Republic shall be determined by a Law of the Federal Assembly.; (4) The courts of the Czech and Slovak Republics shall be the Supreme Court of the Czech Republic, the Supreme Court of the Slovak Republic, regional courts, and district courts (hereinafter referred to as "Courts of a Republic").; (5) The provisions relating to regional and district courts shall also apply to differently named courts of the same jurisdiction.

Art. 99

(1) The Supreme Court of the Czech and Slovak Federative Republic shall be the Supreme Judiciary organ of the Czech and Slovak Federative Republic, which shall monitor the final decisions of the Supreme Courts of the Republics and of the Military Courts and shall ensure the legality and consistency of the decisions between the Republics and the Military Courts by

(a) deciding on ordinary appeals against decisions of military courts in cases specified by law,

(b) deciding on extraordinary appeals against the decisions of the Supreme Courts of the Republics and of all military courts, against the decisions of the Panels of the Military Collegium of the Supreme Court of the Czech and Slovak Federative Republic, if that court has ruled on an ordinary appeal, and against decisions of other organs active in criminal proceedings in military cases in cases specified by law,

(c) taking opinions to ensure consistency of interpretation of laws and other generally binding federal legislation,

(d) deciding on other issues specified by law.

(2) The Supreme Court of the Czech and Slovak Federative Republic further

(a) examines the legality of decisions of the central bodies of state administration of the Czech and Slovak Federative Republic, unless the law provides otherwise,

(b) resolves disputes concerning jurisdiction between the courts of one Republic and the state notaries or state administration bodies of the other Republic and disputes over the jurisdiction between the courts and the federal state administration bodies; resolves disputes on jurisdiction between the courts and between courts and state notaries and determines their jurisdiction in cases provided for by the laws of proceedings before courts and state notaries,

(c) decides on the recognition and enforceability of decisions of foreign courts in the territory of the Czech and Slovak Federative Republic, if required by law or by an international treaty.

(3) The Supreme Court of the Czech and Slovak Federative Republic shall be the Supreme Judiciary organ of the Czech and Slovak Federative Republic, and the Supreme Court of the Czech and Slovak Federative Republic shall be the Supreme Judiciary organ of the Czech and Slovak Federative Republic. The Supreme Court of the Republic ensures uniform interpretation of laws and other generally binding legal regulations by other Courts of the Republic.

Art. 100: (1) A Panel of judges or a single judge decide in proceedings before the court. The law regulating the procedure before the court enshrines on the decision making in which Panels and on which cases lay judges participate and in which cases the single judge rules; as a single judge only a professional judge may rule.; (2) Lay judges and professional judges are equal when deciding.; (3) The court of first instance shall ordinarily be a district court

Art. 101: (1) Justices of the Supreme Court of the Czech and Slovak Federal Republic shall be appointed appointed by the President of the Czech and Slovak Federal Republic upon the nomination of the Chief Justice of the Supreme Court of the Czech and Slovak Federal Republic after consultation with the Government of the Czech Republic and with the Government of the Slovak Republic; in principle the same number of judges shall be appointed from among citizens of the Czech Republic and from among citizens of the Slovak Republic. The appointment of a justice of the Supreme Court of the Czech and Slovak Federal Republic shall enter into effect upon ratification by both chambers of the Federal Assembly. The President of the Czech and Slovak Federal Republic shall appoint, upon the nomination of the Government of the Czech and Slovak Federal Republic, the Chief Justice and the Deputy Chief Justice of the Supreme Court of the Czech and Slovak Federal Republic from among its justices; if the President of the Czech and Slovak Federal Republic appoints a citizen of the Czech Republic as Chief Justice, he shall appoint a citizen of the Slovak Republic as Deputy Chief Justice and vice versa.; (2) Judges of military courts shall be appointed by the President of the Czech and Slovak Federal Republic upon the nomination of the Minister of Defence of the Czech and Slovak Federal Republic.; (3) Judges of the Supreme Court of the Republics and of other courts of the Republics are appointed by the Presidency of the relevant National Council upon the nomination of the Government of the relevant Republic.; (4) Judges and lay judges may be dismissed, or discharged from the office, only for reasons and in manner prescribed by law. For a violation of their duties judges may be dismissed only on the ground of the decision of the disciplinary court that entered into force.; (5) Requirements for the discharge of office of a judge and a lay judge, including the form of the judicial oath, the swearing of which is a precondition for the discharge of judicial office, and the election of lay judges of military courts shall be prescribed by a Law of the Federal Assembly. The conditions for dismissal or other removal from the office of judges or lay judges of military courts shall also be prescribed by a Law of the Federal Assembly. Selection and dismissal as well as conditions for other discharge from the office of lay judges of district and regional courts shall be prescribed by Laws of the National Councils.

Art. 102: (1) Judges and lay judges shall be independent in the performance of their duties and shall be bound by law only.; (2) If the court considers that another generally binding legal act is contrary to the law, it shall discontinue the proceedings and submit a petition to initiate proceedings before the Constitutional Court. The finding of the Constitutional Court is binding for him and for other general courts.; (3) Judges and lay judges are obliged to interpret the law to the best of their knowledge and conscience, are obliged to decide independently, impartially and fairly.

Art. 103: Repealed.

Prosecution[edit]

Art. 104: (1) The Prosecution exercises, to the extent stipulated by the law, supervision of the observance of laws and other legal regulations; it takes such measures as provided for by law in case of their violation.; (2) The Prosecution of the Czech and Slovak Federative Republic acts in matters of defense and in other matters falling within the competence of the Czech and Slovak Federal Republic; in other cases, the Prosecution of the Czech Republic and the Prosecution of the Slovak Republic shall act.; (3) The organization of the Prosecution of the Czech and Slovak Federal Republic, its tasks, jurisdiction and legal relations of prosecutors and investigators and legal proxies of the Prosecutor's Office are prescribed by a Law of the Federal Assembly.; (4) The organization of the Prosecution of the Czech Republic and the Prosecution of the Slovak Republic, their tasks, the powers and the legal relations of prosecutors and investigators and the legal proxies of the Prosecution are prescribed by Laws of the National Councils.

Art. 105: The Prosecutor-General of the Czech and Slovak Federal Republic shall be appointed and dismissed by the President of the Czech and Slovak Federal Republic. The Prosecutor-General of the Czech and Slovak Federal Republic shall be accountable to the Federal Assembly, which may propose his dismissal to the President of the Czech and Slovak Federal Republic.

Art. 106: Repealed.

Reports on the state of Socialist Legality[edit]

Art. 106a: The Federal Assembly shall discuss reports of the Prosecutor-General of the Czech and Slovak Federal Republic on the state of socialist legality.

CHAPTER NINE. GENERAL AND CONCLUDING PROVISIONS[edit]

Art. 107: Repealed.

Art. 108: Repealed.

Art. 109: Repealed.

Art. 110: Repealed.

Art. 111: Repealed.

Art. 112: (1) The Constitution shall take effect from the day of enactment by the National Assembly.; (2) As from that day the previous Constitution and all previous constitutional laws which amended and supplemented it shall cease to have effect.

143/1968 Coll.; Constitutional Law on Czechoslovak Federation (27 October 1968)[edit]

CHAPTER ONE. BASIC PROVISIONS[edit]

Art. 1: (1) The Czech and Slovak Federative Republic is a federative state of two coequal fraternal nations: the Czechs and the Slovaks.; (2) The Czech and Slovak Federative Republic is founded on the voluntary bond of the equal, national states of the Czech and the Slovak nations, based on the right of each of them to self-determination.; (3) The Czechoslovak Federation is an expression of the will of two individual sovereign nations, the Czechs and the Slovaks, to live in a common federative state.; (4) The Czech and Slovak Federative Republic consists of the Czech Republic and the Slovak Republic. Both Republics have an equal position within the Czech and Slovak Federative Republic.; (5) Both Republics mutually respect their sovereignty, as well as the sovereignty of the Czech and Slovak Federative Republic; the Czechoslovak Socialist Republic likewise respects the sovereignty of the two national states.

Art. 2: (1) The Czech and Slovak Federative Republic, as well as the Czech Republic and the Slovak Republic are built on the principles of democracy. Their political system is the same in essential matters.; (2) Repealed.; (3) The political rights of individuals and the guarantees of their assertion are the same throughout the Czech and Slovak Federative Republic.

Art. 3: (1) The territory of the Czech and Slovak Federative Republic consists of the territory of the Czech Republic and the territory of the Slovak Republic.; (2) The borders of the Czech and Slovak Federative Republic and the borders of the Czech Republic and the Slovak Republic may be changed only by a Constitutional Law of the Federal Assembly.; (3) The borders of either of the two national Republics may be changed only with the approval of the respective National Council. The National Council grants such approval by a Constitutional Law of its own.

Art. 4: (1) The economy of the Czech and Slovak Federal Republic is an integration of the economy of the Czech Republic and the economy of the Slovak Republic; it is based on a single domestic market, in particular on common currency and on free movement of labour, goods and capital.; (2) The Czech Republic and the Slovak Republic are involved in developing the economic policy of the Czech and Slovak Federal Republic.; (3) State ownership is ownership by the Czech and Slovak Federal Republic, ownership by the Czech Republic and ownership by the Slovak Republic.; (4) The property of the Czech and Slovak Federal Republic is state-owned property, which is used to implement its tasks in the areas assigned to it by the Laws of the Federal Assembly. Other state-owned property is the property of the Czech Republic and the property of the Slovak Republic. A Law of the Federal Assembly shall determine the ownership of oil pipelines, gas transit pipelines and power lines for the transmission of electricity.; (5) A Law of the Federal Assembly may determine which other property (Art. 10 of the Constitution) is necessary for meeting the demands of society, the development of the economy and the public good, and such property may only be owned by the Czech and Slovak Federal Republic, or by specific legal persons.; (6) Laws of the Czech National Council and of the Slovak National Council determine which other property (Art. 10 of the Constitution) is necessary for meeting the demands of society, the development of the economy and the public good, and such property may only be owned by the Czech Republic or the Slovak Republic, or by specific legal persons.; (7) Laws of National Councils shall determine what property of the Czech Republic and the Slovak Republic shall belong to the municipalities.

Art. 5: (1) A citizen of each of the two republics is also a citizen of the Czech and Slovak Federal Republic.; (2) A citizen of each republic enjoys in the territory of the other republic the same rights and has the same as a citizen of that republic.; (3) Nobody may be deprived of his citizenship against his will.; (4) The principles of acquisition and the loss of state citizenship shall be established by a Law of the Federal Assembly.

Art. 6: (1) The Czech and the Slovak languages are used on equal legal footing in the promulgation of laws and other generally binding legal regulations.; (2) Both languages are used on equal legal footing in the dealings of all state organs of the Czech and Slovak Federal Republic and of both Republics, in proceedings held before them, and in all other contacts with citizens.

CHAPTER TWO. DIVISION OF JURISDICTION BETWEEN THE FEDERATION AND THE REPUBLICS[edit]

Art. 7

(1) The Czech and Slovak Federative Republic shall have jurisdiction over:

(a) foreign policy, conclusion of international agreements, representing the Czech and Slovak Federative Republic in international relations, and deciding in matters of war and peace;

(b) defence of the Czech and Slovak Federative Republic;

(c) currency;

(d) federal material reserves;

(e) protection of federal constitutionality.

(2) The provisions of paragraph 1 (a) are without prejudice to the competence of the Czech Republic and the Slovak Republic, in accordance with foreign policy of the Czech and Slovak Federative Republic,

(a) to conclude agreements in commerical, economic, cultural, scientific, educational, medical and sporting matters as well as on cooperation in press, radio and television with other constituent units of other federal states;

(b) by virtue of a delegation from the Czech and Slovak Federative Republic, to conclude international agreements in matters falling within their jurisdiction,

(c) to represent the Czech Republic or the Slovak Republic and to receive representatives of foreign entities the areas referred to in paragraph (a); the status of these representatives shall be governed by the laws applicable on the territory of the receiving entity.

Art. 8: Repealed.

Art. 9: Matters which have not been specifically entrusted by a Constitutional Law of the Federal Assembly to the jurisdiction of the Czech and Slovak Federative Republic are under the exclusive jurisdiction of the Czech Republic and the Slovak Republic.

Art. 10

In matters of economic strategy, the Czech and Slovak Federative Republic shall have jurisdiction over:

(a) the development of strategies and principles of economic and social development of the Czech and Slovak Federative Republic, including the development of science and participation in international economic organizations; determination of methods for implementing the economic strategy in accordance with a Constitutional Law,

(b) formulation of structural plans of federal importance,

(c) legislation on strategic planning.

Art. 11

(1) Financial operations with the budgetary resources of the Federal State Budget and the state budgets of the Republics shall be governed by uniform principles of a financial and budgetary policy agreed upon by the Governments of the Czech and Slovak Federative Republic, the Czech Republic and the Slovak Republic.

(2) Financial operations of the Czech and Slovak Federative Republic, the Czech Republic and the Slovak Republic shall be separate. Financial operations of the Czech and Slovak Federative Republic are governed by the Federal State Budget. Financial operations of a Republic are governed by its State Budget. The Federal State Budget is approved by the Federal Assembly by its own laws, and the State Budgets of the Republics are approved by the National Councils by their own Laws, and always for a period of one calendar year.

(3) The State Budget of each Republic covers financial relations in all sectors of the economy and state administration, with the exception of activities financed out of the Federal State Budget. Each Republic includes in its State Budget subsidies to the municipalities.

(4) The revenue of the Federal State Budget consists of the income of federal organs and their subordinate organisations, as well as taxes and levies, portions of these and other revenues mentioned by a Law of the Federal Assembly. If the revenue from a given tax or levy is to be combined with the Federal State Budget and the state budgets of the Republics, a Law of the Federal Assembly shall determine the share of the Federation on this revenue as well as the proportion according to which the Republics take a share in safeguarding the part of the revenue that belongs to the Federal State Budget.

(5) The Federal State Budget is aimed at financing:

(a) expenditures for the defence of the Czech and Slovak Federative Republic, the activities of federal organs, the creation of federal material reserves, and allocations to federal organizations;

(b) selected programs, insofar as their and importance for the Federation so require;

(c) other expenditures determined by the Budgetary Law of the Federal Assembly.

(6) The rules of budgetary management for the Federal State Budget shall be determined by a Law of the Federal Assembly, and for the national budgets of the Republics - by Laws of the National Councils.

(7) The Czech and Slovak Federative Republic, the Czech Republic and the Slovak Republic may create their own funds for special purposes tied to their State Budgets; these funds are established by a Law.

(8) The Czech and Slovak Federative Republic determines the general principles of allocation and amortization policies.

Art. 12

(1) Taxes and levies may be established only by virtue of a Law.

(2) Laws of the Federal Assembly shall regulate:

(a) the system of taxes and levies in the Czech and Slovak Federative Republic;

(b) the turnover tax and the import tax;

(c) in case of taxes and levies paid by enterprises and companies and in case of the income tax, the definition of taxpayers, the objects of taxation, the tax base and the tax rate, including the extent of possible divergences in taxation of those taxes and levies in both republics.

(d) charges which, by their very nature, are exclusively or predominantly related to, or relate to, the exercise of powers by federal authorities.

(3) Other taxes and duties shall be established by Laws of the National Councils.

(4) The administration, collection, and control of all types of taxes (fees) and levies (fines) shall lie with the central organs of the Republics and, if so dtermined by law, with other organs or municipalities, with the exception of cases where the exclusive jurisdiction of the Czech and Slovak Federative Republic provides for the collection of levies (fines) by federal organs. A Law of the Federal Assembly may entrust decisions on exemptions and relief to federal bodies in the case of taxes and levies esablished under section 2 paid by organizations directly managed by federal bodies or, in the case of levies esablished under section 2, collected by federal bodies.

Art. 13: (1) The territory of the Czech and Slovak Federative Republic constitutes a single customs territory.; (2) The Czech and Slovak Federative Republic shall have jurisdiction over legislation on customs, the execution of customs, and the issuing of customs tariffs.

Art. 14

(1) In the area of banking, the Czech and Slovak Federative Republic shall have jurisdiction over:

(a) the establishment of the concept for a foreign exchange and credit policy and the determination of the instruments for its implementation;

(b) the determination of the extent of foreign-exchange reserves and the establishment of the method of their administration.

(2) The Central Bank of the Czech and Slovak Federal Republic shall be the Czechoslovak State Bank, which establishes and applies a single monetary policy. Part of the Czechoslovak State Bank is the Czechoslovak State Bank Headquarters for the Czech Republic and the Czechoslovak State Bank Headquarters for the Slovak Republic. The Czechoslovak State Bank shall be governed by a bank council consisting of a Governor, two Lieutenant-Governors, one of whom shall be a citizen of the Czech Republic, and the other - a citizen of the Slovak Republic, and an equal number of representatives of the Czechoslovak State Bank Headquarters for the Czech Republic and the Czechoslovak State Bank Headquarters for the Slovak Republic. If the Governor is a citizen of the Czech Republic, his immediate sucessor shall be a citizen of the Slovak Republic, and vice versa.

(3) The position and legal relationships of the Czechoslovak State Bank and its organs as well as its relations to the other banks shall be established by a Law of the Federal Assembly. The status and legal conditions of the other banks and savings banks shall be established by a Law of the Federal Assembly.

Art. 15

In the area of price policy, the Czech and Slovak Federative Republic shall have jurisdiction over:

(a) the establishment of the principles governing price policy and the issuance of basic price regulation;

(b) legislation on prices.

Art. 16: In the area of foreign economic relations, the Czech and Slovak Federative Republic shall have jurisdiction over:; (a) the determination of the principles and concepts governing the foreign economic policy of the Czech and Slovak Federative Republic;; (b) the conclusion of international agreements on commercial and economic cooperation and representation of the Czech and Slovak Federative Republic in international trade relations;; (c) the determination of the principles governing foreign trade policy, in co-operation with the Czech Republic and the Slovak Republic;; (d) legislation on foreign economic relations.

Art. 17

In the area of industry, the Czech and Slovak Federative Republic shall have jurisdiction over:

(a) the establishment of the common principles governing the industrial policy, including the principles governing the raw materials, fuel, energy, and agricultural policies, as long as they are of federal importance;

(b) the establishment of economic principles safeguarding the defence capability of the Czech and Slovak Federative Republic,

(c) legislation on the production, distribution and consumption of electricity, gas and heat.

Art. 18: Repealed.

Art. 19

In the area of transport, the Czech and Slovak Federative Republic shall have jurisdiction over:

(a) legislation in matters of transport, transport methods and transport routes;

(b) the establishment of uniform rules of traffic and transport operations and state standards of the technical state of the means of transport, transport installations, and transportation routes;

(c) the determination of the principles governing the transport policy, in co-operation with the Czech Republic and the Slovak Republic;

Art. 20

In the area of post and telecommunications, the Czech and Slovak Federative Republic shall have jurisdiction over:

(a) legislation on post and telecommunications;

(b) the establishment of uniform rules of postal services, telecommunications, radio communication and the establishment of tariffs thereon;

(c) the issuing of postage stamps and other postal items;

(d) the organization and direction of a uniform postal system;

(e) the organization and direction of a uniform system of telecommunications.

Art. 21

In the area of the environment, the Czech and Slovak Federative Republic shall have jurisdiction over:

(a) legislation on essential environmental matters;

(b) legislation and exercise of state supervision over nuclear safety;

(c) the determination of the principles governing the ecologic policy;

(d) legislation on post and telecommunications;

(e) legislation on post and telecommunications.

(d) the establishment of principles for a national environmental information system, in connection with the international information systems in the given area, in co-operation with the Czech Republic and the Slovak Republic,

(e) the implementation of international environmental co-operation within the competence of the Czech and Slovak Federative Republic and the coordination of international environmental co-operation within the competence of the Czech Republic and the Slovak Republic.

Art. 22

In the area of labour, wages, and social policy, the Czech and Slovak Federative Republic shall have jurisdiction over:

(a) legislation on labour relations, employment and collective bargaining and on the statutory arrangements implementing obligations under international treaties in that area;

(b) legislation regulating wage developments and the level of minimum wages, minimum wage and supplementary wages;

(c) legislation on wage regulation in federally managed bodies and organizations;

(d) legislation on pension and health insurance, with the exception of their organizational arrangements and decision-making process;

(e) statutory regulation of state social security benefits and subsistence minimum and determination of the principles of social welfare.

Art. 23

(1) In the area of state statistics, the Czech and Slovak Federative Republic shall have jurisdiction over:

(a) legislation on the arrangement of acquiring comparable statistical information necessary for the assessment of the development of the Federation and for fulfilling the duties arising from international commitments, and legislation on protecting such data against misuse;

(b) in cooperation with the Czech Republic and with the Slovak Republic:

1. the establishment of the statistical indicators necessary to assess f the development of the Federation and the methods of obtaining statistical information for this purpose;

2. the execution of statistical surveys according to the specific needs of the federal authorities;

(c) the establishment of the statistical indicators necessary for meeting international obligations the provision of statistical information to international organisations on behalf of the Czech and Slovak Federative Republic.

(2) In the area of accounting, the Czech and Slovak Federative Republic shall have jurisdiction over legislation on the conditions and requirements of accounting and the verification of its correctness.

Art. 24

In the area of ownership, business and decision-making of disputes arising in the course of business activities, the Czech and Slovak Federative Republic shall have jurisdiction over:

(a) regulation of ownership;

(b) regulation of business of citizens and legal entities;

(c) regulation of relations arising from the business and other economic activity of citizens and legal entities;

(d) regulation of the protection of production and trade, as well as the protection of the interests of the consumers, in particular the regulation of industrial rights, standardization, state testing system, metrology and the execution of state administration in the above mentioned sections in the matters stipulated by a Law of the Federal Assembly;

(e) legislation on protection of competition; the division of powers between the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic shall be laid down by the law of the Federal Assembly;

(f) regulation of economic disputes and to decide such disputes in the cases provided for by a Law of the Federal Assembly.

Art. 25: Organs of the Czech and Slovak Federative Republic, to which the President of the Czech and Slovak Federative Republic has conveyed the powers to negotiate some international agreements, proceed, when negotiating such agreements regulating international cooperation in the areas referred to in Articles 10 to 28a, with the participation of the authorities of both Republics; they also cooperate with them when representing the Czech and Slovak Federative Republic in international organizations which operate in the aforementioned areas.

Art. 26: In the Czechoslovak Socialist Republic apply uniform principles of legal regulation of the civil registry, identity cards, travel documents, registration of the population, and residence permits for foreigners. Uniform principles are set by Law of the Federal Assembly.

Art. 27

(1) In the area of internal order and security, the Czech and Slovak Federative Republic shall have jurisdiction over:

(a) legislation on names and surnames, civil registries, identity cards, travel documents, population records, residence permits for foreigners and the status of refugees,

(b) the regulation of the establishment, status, powers and other relations of the armed security forces of the Czech and Slovak Federative Republic, as well as the establishment, status, powers and other relations of the security services; this is without prejudice to the right of the Czech Republic and the Slovak Republic to establish their own armed security corps and to regulate their status, powers and other relations.

(2) Matters of partial jurisdiction of the Czech and Slovak Federative Republic in matters of internal order and security shall be regulated by a Law of the Federal Assembly.

Art. 28: The division of jurisdiction among the Czech and Slovak Federative Republic and the two Republics in matters of the press and the other means of information is established by a Law of the Federal Assembly.

Art. 28a: (1) The Czech and Slovak Federative Republic shall be responsible for the control of all sectors and activities of the state and economic administrations falling within its jurisdiction.; (2) The organization of the auditing bodies of the Czech and Slovak Federative Republic and their authorization shall be determined by the law of the Federal Assembly.

Art. 28b: (1) The bodies of the Czech and Slovak Federative Republic shall act in the matters delegated to the jurisdiction of the Czech and Slovak Federative Republic by a Constitutional Law of the Federal Assembly. If so provided by a Law of the Federal Assembly, the executive and judicial authorities of the Czech Republic and the Slovak Republic shall also exercise their authority in these matters.; (2) If a Constitutional Law of the Federal Assembly does not confer authority on the authorities of the Czech and Slovak Federal Republic in the matters referred to in Articles 10 to 28a, their exercise shall be performed by the authorities of the Czech Republic and the Slovak Republic.

CHAPTER THREE. THE FEDERAL ASSEMBLY[edit]

Art. 29: (1) The Federal Assembly is the supreme organ of state power and the sole legislative body of the Czech and Slovak Federative Republic.; (2) The Federal Assembly consists of two Houses: the House of the People and the House of Nations. Both Houses are equal.; (3) A valid decision of the Federal Assembly requires the concurrent decision of both Houses, unless the present Constitutional Law provides otherwise or unless an internal matter of only one of the Houses is involved.

Art. 30: (1) The House of the People consists of one hundred and fifty deputies who are elected by direct vote throughout the Czech and Slovak Federative Republic.; (2) A deputy of the House of the People may not be at the same time a deputy of the House of Nations.; (3) The House of the People is elected for a term of five years.; (4) The conditions under which the right to elect and to be elected to the House of the People is exercised and the manner in which the election and recall of its deputies are performed are determined by a Law of the Federal Assembly.

Art. 31: (1) The House of Nations represents the equal constitutional position of both Republics.; (2) The House of Nations consists of one hundred and fifty deputies, seventy-five of whom are elected by direct vote in the Czech Republic and seventy-five by direct vote in the Slovak Republic.; (3) The electoral term of the House of Nations terminates with the electoral term of the House of the People.

Art. 32: (1) The Federal Assembly is in session at least twice a year (a spring session and a fall session).; (2) The Federal Assembly is convened and the end of its sessions is declared by the President of the Czech and Slovak Federative Republic.; (3) If the President of the Czech and Slovak Federative Republic does not convene the spring session by the end of April or the fall session by the end of October, the session is convened by the Presidency of the Federal Assembly. In such a case, the session of the Federal Assembly is proclaimed by the Presidency of the Federal Assembly.

Art. 33: (1) The President of the Czech and Slovak Federative Republic must convene the Federal Assembly at the request of at least one-third of the deputies of either House.; (2) If the President of the Czech and Slovak Federative Republic does not convene the Federal Assembly within fourteen days or within another term mentioned in such a request, the Assembly is convened by its Presidency. In such a case, the end of the session of the Federal Assembly is declared by the Presidency.

Art. 34: (1) Each House meets in session by virtue of the decision of the Presidency of the respective House.; (2) The two Houses meet in joint session if they are to elect the President of the Czech and Slovak Federative Republic or the Speaker and Deputy Speakers of the Federal Assembly, if they are to debate on a declaration of policy of the Government of the Czech and Slovak Federative Republic, and in other cases where the Houses so decide.

Art. 35: (1) The meetings of both Houses are, as a general rule, public.; (2) Closed meetings may be held only in cases established by the Rules of Order of the Federal Assembly.

Art. 36

(1) The Federal Assembly shall have power to:

(a) decide on the enactment of the Constitution of the Czech and Slovak Federative Republic and Constitutional and other Laws of the Federal Assembly and ascertain how they are executed;

(b) deal with basic questions of foreign policy;

(c) deal with basic questions of internal policy;

(d) approve the Federal State Budget, verify its fulfilment, and approve the final account of the Federation's State Budget;

(e) elect the President of the Czech and Slovak Federative Republic and deal with his reports;

(f) deal with declarations of policy of the Government and control its activities and those of its members, as well as deal with the question of confidence in the Government;

(g) elect and recall members of the Constitutional Court of the Czech and Slovak Federative Republic;

(h) establish by Constitutional Law federal ministries and federal committees and establish by Law other federal organs of state administration;

(ch) establish by Law state awards of the Czech and Slovak Federative Republic.

(2) The Federal Assembly decides on a declaration of war, if the Czech and Slovak Federative Republic is attacked of if it is necessary to meet obligations arising from international agreements concerning joint defence against an attack. The Armed Forces of the Czech and Slovak Federative Republic may be deployed outside the territory of the Czech and Slovak Federative Republic only when approved by the Federal Assembly.

(3) International political treaties and international economic agreements of a general nature, as well as international agreements whose implementation requires a Law of the Federal Assembly, require the approval of the Federal Assembly prior to their ratification.

(4) The Federal Assembly may repeal a decree or a decision of the Government or a generally binding legal regulation of a federal ministry or another federal central organ of state administration if they violate the Constitution or another Law of the Federal Assembly.

Art. 37: (1) The Federal Assembly exercises legislative power in matters of fundamental rights and freedoms to the extent provided for in constitutional laws and in matters falling within the jurisdiction of the Czech and Slovak Federative Republic to the extent provided for by Articles 7(1), 10 to 28a and 36(3) of this constitutional law.; (2) The Federal Assembly furthermore adopts Laws whose implementation – with exceptions established by Constitutional Laws – belongs to the full extent to the organs of the Republics, namely the Family and Foster Care Law, the Civil Code, the Law on Private International Law and Procedure, the Criminal Code, the Law on the Execution of the Punishment Consisting of Deprivation of Liberty and on the Imposition of Custody, the Law on General Procedure Before Administrative Organs, the Law on University-level Schools, the Weapons and Munitions Law, the Geodesic and Cartographic Law, the Law on Road Traffic, the Law on Stock Exchange, the Securities Law, the Commercial Code, the Law on Bills of Exchange and Checks, the Laws regulating court proceedings, laws governing court proceedings, the Law on Experts and Interpreters, the Laws on remedying wrongdoings and compensation for damage caused by State Bodies, the Law on Zone Planning, and the Building Code.; (3) Insofar as the uniformity of the legal order so requires, the Federal Assembly realizes fundamental legislation in matters of nationalities and ethnic minorities, churches and religious societies, public health care, veterinary and plant health standards, the system of elementary and secondary schools, copyright and the registration of property rights to immovable property.; (4) The Federal Assembly regulates national holidays and memorial and significant days of the Czech and Slovak Federative Republic and determines days of rest.

Art. 38: (1) A Law of the Federal Assembly may entrust the regulation of the questions specified in Art. 37, sections 1 and 2, to legislation by the Republics.; (2) Insofar as federal legislation does not regulate to the full extent the matters specified in Art. 37, sections 1 and 2, they may be regulated by legislation of the National Councils.; (3) Repealed.

Art. 39: Repealed.

Art. 40: (1) The House of the People is capable of taking decisions if a simple majority of its deputies is present.; (2) The House of Nations is capable of taking decisions if a simple majority of its deputies elected in the Czech Republic and a simple majority of its deputies elected in the Slovak Republic are present.; (3) A valid decision requires the approval of a simple majority of deputies present in each House, unless the present Constitutional Law provides otherwise (Articles 41 to 43).

Art. 41: The adoption of the Federal Constitution, a Constitutional Law of the Federal Assembly, their amendment, the election of the President of the Czech and Slovak Federative Republic, and decisions on the declaration of war require a three-fifths majority of all the deputies of the House of the People, as well as a three-fifths majority of all deputies in the House of Nations elected in the Czech Republic and a three-fifths majority of all the deputies of the House of Nations elected in the Slovak Republic.

Art. 42

(1) In cases where under the present Constitutional Law majorisation is prohibited, the deputies elected in the Czech Republic and the deputies elected in the Slovak Republic vote separately in the House of Nations. A decision is adopted if a majority of all the deputies elected in the Czech Republic and a majority of all the deputies elected in the Slovak Republic have voted in favor of it, unless the present Constitutional Law requires a qualified majority (Art. 41).

(2) The prohibition of majorisation applies to the approval of:

(a) draft bills on the acquisition and loss of Czechoslovak state citizenship;

(b) draft bills on the matters referred to in Article 10(c);

(c) draft bills on the method of safeguarding revenues that belong to the Federal State Budget and the rules of budgetary management for the Federal State Budget;

(d) Federal State Budgets and the final budgetary accounts of the Federation;

(e) draft bills setting up funds for special purposes tied to the Federal State Budget;

(f) draft bills on the questions specified in Art. 12, section 2;

(g) drafts of legal regulations relating to the questions specified in Art. 13, section 2;

(h) draft bills regulating the Czechoslovak currency, as well as draft legislation on the matters referred to in Art. 14 section 3;

(ch) drafts of legal regulations relating to the questions specified in Art. 15;

(i) draft bills relating to foreign economic relations;

(j) draft bills in matters specified in Art. 22;

(k) draft bills regulating the establishment, the legal position, and the method of direction of economic organizations;

(l) draft bills issued under Art. 27, section 2 and Art. 28.

(m) draft bills establishing federal organs of state administration, with the exception of ministries.

(3) The prohibition of majorisation also applies to the approval of declarations of policy of the Government of the Czech and Slovak Federative Republic and to votes of confidence in the Government.

Art. 43: (1) The Government of the Czech and Slovak Federative Republic may ask any House for a vote of confidence. A motion of no confidence in the Government of the Czech and Slovak Federative Republic may be introduced by at least one-fifth of the deputies of either House.; (2) A vote of no confidence in the Government of the Czech and Slovak Federative Republic requires the approval of a simple majority of the deputies present of the House of the People or the approval of a simple majority of all the deputies of the House of Nations elected in the Czech Republic or the approval of a simple majority of all the deputies of the House of Nations elected in the Slovak Republic. The voting in the House of Nations is performed by roll call.; (3) The provisions of sections 2 and 3 also apply to a vote of no confidence in an individual member of the Government of the Czech and Slovak Federative Republic.

Art. 44: (1) Each House must decide on a proposal adopted by the other House within three months. If it does not so decide within this period, the proposal is adopted.; (2) If the two Houses do not reach a concurrent decision, they may decide to initiate proceedings to agree on a common text. In such a case, each House elects ten representatives from among its deputies to a conference committee for the aforementioned proceedings, unless they agree on a different number of representatives.; (3) If the two Houses do not adopt a concurrent decision on a draft bill even on the recommendation of this committee or otherwise within five months of the first vote, the same draft bill may be introduced at the earliest after the lapse of one year following its rejection.; (4) If the two Houses do not reach a concurrent decision on the Federal State Budget, the proceedings to agree on a common text under section 2 is obligatory. If no agreement is reached on the Federal State Budget before the beginning of the budgetary year, the legal provisions on provisional budgeting are applicable.; (5) If those proceedings do not produce a concurrent decision of both Houses, the Federal Assembly may be dissolved. New elections are called by the Presidency of the Federal Assembly within sixty days.

Art. 45: (1) Draft bills of the Federal Assembly may be introduced by deputies of the Federal Assembly, the committees of both Houses, the President of the Czech and Slovak Federative Republic, the Government of the Czech and Slovak Federative Republic, the Czech National Council, and the Slovak National Council.; (2) Laws of the Federal Assembly are signed by the President of the Czech and Slovak Federative Republic, the Speaker of the Federal Assembly, and the Prime Minister of the Czech and Slovak Federative Republic.; (3) A Law of the Federal Assembly comes into force only if it is promulgated; the manner of promulgating Laws of the Federal Assembly, legal regulations, and other measures of state authorities of the Czech and Slovak Federative Republic shall be laid down by a Law of the Federal Assembly. Laws of the Federal Assembly are promulgated by the Presidency of the Federal Assembly within fourteen days of their adoption.

Art. 46: A law of the Federal Assembly regulates the rules governing procedure in the Federal Assembly, relations between the two Houses, as well as relations with the Government of the Czech and Slovak Federative Republic, as well as the commencement and termination of the mandate of a deputy of the Federal Assembly, the qualifications of deputies of the Federal Assembly and the legal status and jurisdiction of the Secretariat of the Federal Assembly.

Art. 47: (1) The mandate of a deputy of the Federal Assembly is incompatible with the mandate of a deputy of a National Council and with the offices of judge, prosecutor, state arbitrator, military officer, police officer or correctional officer.; (2) The validity of the election of deputies of the Federal Assembly is verified by the respective House. It does so on the proposal of the Mandates and Immunities Committee.

Art. 48: (1) A deputy of the Federal Assembly takes the following oath at the first meeting of his House, which he attends:

"I swear on my honor and conscience allegiance to the Czech and Slovak Federative Republic. I swear to heed the will and interests of the people to follow the Constitution and other laws and work to implement them."

(2) A refusal to take the oath, or a oath taken with a reservation, results in the loss of mandate.

Art. 49: (1) The House of the People and the House of Nations, as well as their individual deputies have the right to interpellate the Government of the Czech and Slovak Federative Republic and its members, and to put questions to them on matters within their jurisdiction. The Government and its members are bound to answer such interpellations and questions.; (2) The Prime Minister and the other members of the Government have the right to attend meetings of both Houses of the Federal Assembly, and of their committees, as well as meetings of the Presidency of the Federal Assembly. They are given the floor whenever they so request.; (3) If either House, its committee, or the Presidency of the Federal Assembly so request, a member of the Government is bound to attend a meeting of the House, its committee, or the Presidency of the Federal Assembly.

Art. 50: A deputy of the Federal Assembly may not be subjected to criminal or disciplinary prosecution or be taken into custody without the approval of the House of which he is a member. If the House refuses to give such approval, the prosecution is excluded for good.

Art. 51: A deputy of the Federal Assembly may never be prosecuted for his voting in a House, its organs, or in the Presidency of the Federal Assembly. A deputy is subjected only to the disciplinary jurisdiction of his House for statements made in the exercise of his functions in either House, its organs, or in the Presidency of the Federal Assembly.

Art. 52: If a deputy of the Federal Assembly is caught and arrested in the act of committing a criminal offense, the competent organ immediately notifies the Presidency of the Federal Assembly. If the Presidency does not grant approval, the deputy must be released immediately.

Art. 53: A deputy of the Federal Assembly may refuse to testify on matters which he has come to know in the exercise of his function, even after he has ceased to be a deputy.

Art. 54: Each House elects its Presidency which consists of three to six deputies.

Art. 55: Each House sets up committees as its initiatory and control organs, and elects their chairmen and other officers.

Art. 56: (1) Both Houses of the Federal Assembly elect the Presidency of the Federal Assembly from among the deputies.; (2) The Presidency of the Federal Assembly has forty members, twenty of whom are elected by the House of the People and twenty by the House of Nations. The House of Nations elects ten members from among its deputies elected in the Czech Republic and ten members from among its deputies elected in the Slovak Republic.; (3) The Presidency of the Federal Assembly maintains its functions after the expiration of the electoral term until the newly-elected Federal Assembly elects its own Presidency.; (4) Members of the Presidency of the Federal Assembly are accountable to that House of the Federal Assembly which elected them. The House may recall them at any time.; (5) The Speaker and the Deputy Speakers of the Federal Assembly are elected by the House of the People and the House of Nations from among the members of the Presidency of the Federal Assembly. If a deputy who is a citizen of the Czech Republic is elected Speaker, a deputy who is a citizen of the Slovak Republic is elected First Deputy Speaker, or vice versa.

Art. 57: (1) The Presidency of the Federal Assembly decides by a simple majority of all its members.; (2) The provisions of Article 42, regarding the prohibition of majorisation, also applies to the taking of decisions of the Presidency of the Federal Assembly.

Art. 58: (1) At the time when the Federal Assembly is not in session either because it has been terminated or because its electoral term has expired, the jurisdiction of the Federal Assembly is exercised by the Presidency of the Assembly. The Presidency is, however, not empowered to elect the President of the Czech and Slovak Federative Republic, adopt or amend Constitutional Laws, decide on the Federal State Budget, declare war, or to pass a vote of no confidence in the Government of the Czech and Slovak Federative Republic or in its members.; (2) At the time when the Federal Assembly is not in session due to extraordinary causes, the Presidency of the Federal Assembly exercises the full jurisdiction of the Assembly except for the right to amend the Constitution of the Czech and Slovak Federative Republic and to elect its President.; (3) Urgent measures requiring the enactment of a Law are taken by the Presidency of the Federal Assembly in the form of Legal Measures signed by the President of the Czech and Slovak Federative Republic, the Speaker of the Federal Assembly, and the Prime Minister of the Czech and Slovak Federative Republic. Legal Measures are promulgated in the same manner as Laws.; (4) Measures taken by the Presidency of the Federal Assembly under sections 1 to 3 must be approved at the next session of the Federal Assembly; otherwise, they cease to have effect.; (5) The Presidency of the Federal Assembly may make a decision on a declaration of war only if a session of the Federal Assembly is made impossible by extraordinary causes. Such a decision takes effect only if approved by three-fifths of all the members of the Presidency of the Federal Assembly who are citizens of the Czech Republic, and by three-fifths of all the members of the Presidency of the Federal Assembly who are citizens of the Slovak Republic.; (6) At the time when the Government of the Czech and Slovak Federative Republic is exercising the function of the President of the Czech and Slovak Federative Republic, the Presidency of the Federal Assembly is competent to appoint and recall the Government of the Czech and Slovak Federative Republic and its members and to entrust them with the direction of ministries and other federal organs.

Art. 59: The Presidency of the Federal Assembly calls elections to the Federal Assembly.

CHAPTER FOUR. THE PRESIDENT OF THE CZECH AND SLOVAK FEDERATIVE REPUBLIC[edit]

Art. 60: (1) At the head of the Czech and Slovak Federative Republic is the President. He is elected by the Federal Assembly.; (2) The President of the Czech and Slovak Federative Republic is accountable to the Federal Assembly for the discharge of his functions.

Art. 61

(1) The President of the Czech and Slovak Federative Republic:

(a) represents the Czech and Slovak Federative Republic in foreign relations, negotiates and ratifies international agreements; he may delegate the negotiation of international agreements which do not require approval by the Federal Assembly to the Government of the Czech and Slovak Federative Republic or, with the latter's approval, to its individual members;

(b) receives and accredits envoys;

(c) convenes sessions of the Federal Assembly, and proclaims these sessions to be terminated;

(d) may dissolve the Federal Assembly in the case specified in Article 44, section 5;

(e) signs the Laws of the Federal Assembly and the Legal Measures of its Presidency;

(f) is entitled to submit to the Federal Assembly reports on the state of affairs of the Czech and Slovak Federative Republic and on significant political questions, to propose necessary measures, and to be present at meetings of the Houses of the Federal Assembly;

(g) appoints and recalls the Prime Minister and the other members of the Government of the Czech and Slovak Federative Republic and entrusts them with the direction of federal ministries and other federal central organs;

(h) is entitled to attend and to preside over meetings of the Government of the Czech and Slovak Federative Republic, to request reports from the Government and from its individual members, and to discuss with the Government or its members questions necessary to be resolved;

(ch) appoints higher state functionaries of the Czech and Slovak Federative Republic in cases established by law; appoints and promotes generals; appoints on the proposal of the competent organs of the Czech Republic and the Slovak Republic professors and rectors of university-level institutions;

(i) awards decorations, unless he empowers another organ to do so;

(j) has the right to grant amnesty, to pardon and to mitigate punishments imposed by criminal courts, and to order the noncommencement or discontinuation of criminal proceedings and the termination of sentences;

(k) is the commander-in-chief of the armed forces;

(l) proclaims a state of war on the proposal of the Government of the Czech and Slovak Federative Republic and declares war on the strength of a decision taken by the Federal Assembly if the Czech and Slovak Federative Republic is attacked or if it is necessary to fulfill obligations arising from international agreements on joint defence against an attack.

(2) The President of the Czech and Slovak Federative Republic also exercises powers which are not explicitly specified in the present Constitutional Law, if a Law of the Federal Assembly so provides.

(3) The Office of the President of the Czech and Slovak Federative Republic shall be responsible for supporting the President of the Czech and Slovak Federal Republic in the exercise of functions and in the performance of political and public activities; details are provided by a Law of the Federal Assembly.

Art. 62: (1) Any citizen who is eligible to be a deputy in the Federal Assembly may be elected President of the Czech and Slovak Federative Republic.; (2) The President is elected for a term of office of five years. He takes office upon taking his oath of office.; (3) The election of the President of the Czech and Slovak Federative Republic is held within the last fourteen days of the Presidential term of office. If the office of the President becomes vacant prior to the expiration of the term of office, the election is held not later than within forty days; in such a case, the election is held by open ballot. The term of office of the President thus elected ends within 40 days after the establishment of the new Federal Assembly, elected in free, democratic elections.; (4) The President of the Czech and Slovak Federative Republic may not simultaneously be a deputy of any representative body, a member of the Government or the Constitutional Court, or a judge.; (5) If a deputy of a representative body, a member of Government or the Constitutional Court, or a judge is President of the Czech and Slovak Federative Republic, he ceases to exercise his previous function from the day of his election. His mandate or membership in the Government or the Constitutional Court, or his judicial office, ceases on the day on which he takes the oath of office.

Art. 63: The President of the Czech and Slovak Federative Republic takes the following oath of office before the Federal Assembly:

"I swear on my honor and conscience allegiance to the Czech and Slovak Federative Republic. I swear to ensure the welfare of the peoples and nationalities living in it. I swear to do my duties according to the will of the people and in the interest of the people and to preserve the constitution and other laws."

Art. 64: (1) If the office of the President of the Czech and Slovak Federative Republic becomes vacant and a new President has not yet been elected and has not taken his oath of office, or if the President is unable to exercise his office for serious reasons, the exercise of his functions appertains to the Government of the Czech and Slovak Federative Republic. In such a case, the Government may entrust the Prime Minister with some of the powers of the President of the Czech and Slovak Federative Republic; the supreme command of the armed forces passes during this time to the Prime Minister.; (2) If the President of the Czech and Slovak Federative Republic is unable to exercise his office (section 1) for more than one year, the Federal Assembly may elect a new President of the Czech and Slovak Federative Republic for a new term of office.

Art. 65: The President of the Czech and Slovak Federative Republic may not be subjected to judicial prosecution for actions connected with the exercise of his office.

CHAPTER FIVE. THE GOVERNMENT OF THE CZECH AND SLOVAK FEDERATIVE REPUBLIC[edit]

Art. 66: The Government of the Czech and Slovak Federative Republic is the highest executive organ of state power in the Czech and Slovak Federative Republic.

Art. 67: (1) The Government of the Czech and Slovak Federative Republic consists of the Prime Minister, Deputy Prime Ministers and ministers.; (2) The function of a member of the Government of the Czech and Slovak Federative Republic is incompatible with the function of a member of the Presidency of the Federal Assembly or with the function of a member of the Constitutional Court.

Art. 68: Members of the Government of the Czech and Slovak Federative Republic take the following oath before the President of the Czech and Slovak Federative Republic:

"I swear on my honor and conscience allegiance to the Czech and Slovak Federative Republic. I swear to ensure the welfare of the peoples and nationalities living in it. I swear to do my duties according to the will of the people and in the interest of the people. I swear to heed the will and interests of the people to follow the Constitution and other laws and work to implement them."

Art. 69: The Government of the Czech and Slovak Federative Republic, after its appointment, is obliged to submit to the Federal Assembly at its next earliest session, its declaration of policy and to ask for a vote of confidence.

Art. 70: (1) The Government of the Czech and Slovak Federative Republic is accountable for the exercise of its functions to the Federal Assembly; either of the two Houses of the Assembly may pass a vote of no confidence in the Government.; (2) The Government of the Czech and Slovak Federative Republic may ask the Federal Assembly for a vote of confidence at any time.

Art. 71: (1) The Government of the Czech and Slovak Federative Republic may submit its resignation to the President of the Czech and Slovak Federative Republic.; (2) If a House of the Federal Assembly passes a vote of no confidence in the Government of the Czech and Slovak Federative Republic or if it refuses to express its confidence, the President of the Czech and Slovak Federative Republic recalls the Government.; (3) The Government of the Czech and Slovak Federative Republic always submits its resignation after the first meeting of a newly-elected Federal Assembly.

Art. 72: If the President of the Czech and Slovak Federative Republic accepts the resignation of the Government of the Czech and Slovak Federative Republic, he entrusts the Government with the exercise of its functions temporarily until a new Government is appointed.

Art. 73: (1) A member of the Government of the Czech and Slovak Federative Republic may submit his resignation to the President of the Czech and Slovak Federative Republic.; (2) The House of the People or the House of Nations of the Federal Assembly may also express their lack of confidence in an individual member of the Government of the Czech and Slovak Federative Republic. In such a case, the President of the Czech and Slovak Federative Republic recalls that member of the Government.

Art. 74: If the President of the Czech and Slovak Federative Republic accepts the resignation of a member of the Government of the Czech and Slovak Federative Republic, he may determine who of the members of the Government may temporarily take charge of the matters previously administered by the member of the Government whose resignation he accepted.

Art. 75: A decision of the Government of the Czech and Slovak Federative Republic takes effect if it is approved by a simple majority of all the members of the Government.

Art. 76: (1) The Government of the Czech and Slovak Federative Republic secures the fulfillment of the tasks of the Federation in the areas of national defence, strengthening of the security of the country, development of a peaceful foreign policy, economic construction, and other areas within the jurisdiction of the Federation. For this purpose, it ensures the implementation of the Laws of the Federal Assembly, and unifies, directs, and controls the activity of the federal ministries and the other federal organs.; (2) The Government of the Czech and Slovak Federal Republic shall, in ensuring the fulfillment of the tasks of the Federation, co-ordinate the solution of questions arising from the need to ensure uniform conduct of federal state policy.

Art. 77

(1) The Government of the Czech and Slovak Federative Republic as a body decides in particular on:

(a) draft bills of the Federal Assembly;

(b) Government decrees;

(c) the implementation of its declaration of policy;

(d) basic questions of internal and foreign policy;

(e) drafts of the Federal Budget, and the final budgetary account of the Federation;

(f) basic economic measures for securing the economic policy;

(g) the appointment of functionaries in cases established by a Law of the Federal Assembly;

(h) motions asking the Federal Assembly for a vote of confidence;

(ch) other questions, if a Law of the Federal Assembly so provides.

(2) The Government of the Czech and Slovak Federative Republic may establish, as its decision-making authority, the Cabinet Committee of the Government of the Czech and Slovak Federative Republic and define its competence and lay down the principles of its conduct.

(3) The Office of the Government of the Czech and Slovak Federative Republic shall be responsible for supporting the Government of the Czech and Slovak Federative Republic in its activities; details are provided by a Law of the Federal Assembly.

Art. 78: The Government of the Czech and Slovak Federative Republic cooperates with the Governments of the two Republics when negotiating international agreements whose implementation belongs to the jurisdiction of the Republics; it also cooperates when representing the Czech and Slovak Federative Republic in international organizations operating in areas which are within the jurisdiction of the Republics.

Art. 79: The Government of the Czech and Slovak Federative Republic may issue decrees for the purpose of implementing a Law of the Federal Assembly and within the limits of such a Law, if the Law regulates questions which fall within the jurisdiction of the Federation.

Art. 80: Federal ministries, federal committees and the other central organs of the Federation may issue generally binding legal regulations on the basis and within the limits of Laws enacted by the Federal Assembly, if they are authorized by a Law to do so.

Art. 81: (1) Federal ministries and other federal state administration bodies operate in the area of jurisdiction of the Federation.; (2) Federal ministries and other federal central government bodies headed by a member of the Government of the Czech and Slovak Federal Republic are established by the Constitutional Laws of the Federal Assembly; other federal state administration bodies are established by the Laws of the Federal Assembly.

Art. 82: Repealed.

Art. 83: Repealed.

Art. 84: State organs of the Republics implement Laws of the Federal Assembly on the territory of the Republics, insofar as their implementation has not been entrusted to the competent federal organs.

Art. 85: Insofar as the administrative organs of the Republic exercise competence in matters falling under the jurisdiction of the Federation, they are obliged to observe directives of organs of federal administration.

CHAPTER SIX. THE CONSTITUTIONAL COURT OF THE CZECH AND SLOVAK FEDERATIVE REPUBLIC[edit]

Art. 86: (1) The Constitutional Court of the Czech and Slovak Federative Republic is a judicial organ for the protection of constitutionality.; (2) Members of the Constitutional Court are independent in their decision-making and make decisions only on the strength of the Constitution of the Czech and Slovak Federative Republic and Laws of the Federal Assembly.

Art. 87

The Constitutional Court of the Czech and Slovak Federative Republic decides on:

(a) the concurrence of Laws of the Federal Assembly and Legal Measures of its Presidency with the Constitution of the Czech and Slovak Federative Republic;

(b) the concurrence of Constitutional Acts of the Czech National Council and the Slovak National Council with the Constitution of the Czech and Slovak Federative Republic, and the concurrence of Laws enacted by the National Councils with the Constitution of the Czech and Slovak Federative Republic;

(c) the concurrence of decrees of the Government of the Czech and Slovak Federative Republic and generally binding legal regulations of federal ministries, federal committees and other central organs of state administration, as well as decrees issued by the Governments of the Republics and generally binding legal regulations of ministries and the other central organs of state administration of the Republics with the Constitution of the Czech and Slovak Federative Republic and Laws of the Federal Assembly.

Art. 88

The Constitutional Court of the Czech and Slovak Federative Republic settles conflicts of competence between:

(a) organs of the Czech and Slovak Federative Republic and organs of one or both Republics;

(b) organs of both Republics.

Art. 89: The Constitutional Court of the Czech and Slovak Federative Republic may initiate amendments of legislation of the Czech and Slovak Federative Republic, as well as of legislation of the Republics.

Art. 90: (1) If the Constitutional Court of the Czech and Slovak Federative Republic establishes a contradiction between legal regulations in the sense of Article 87, it rules that the relevant regulations, a part thereof, or some provisions become inapplicable; the competent organs are obliged to amend the relevant regulations within six months of the publication of the finding of the Constitutional Court of the Czech and Slovak Federative Republic so as to bring them into agreement with the Constitution of the Czech and Slovak Federative Republic or other Laws of the Federal Assembly. If they fail to do so, the relevant regulations, a part thereof, or some provisions cease to have legal effect six months after the publication of the finding.; (2) A finding of the Constitutional Court is published in the Official Gazette used for the promulgation of Laws of the Federal Assembly.

Art. 91: The Constitutional Court of the Czech and Slovak Federative Republic decides on complaints against failure to certify the mandate of a deputy of the Federal Assembly and against a verdict recalling a deputy of the Assembly, as well as against a decision refusing to register a candidate deputy.

Art. 92: The Constitutional Court of the Czech and Slovak Federative Republic decides on the protection of the rights and freedom guaranteed by the Constitution where they have been infringed upon by a decision or another intervention of a federal organ, unless the law grants other judicial protection.

Art. 93

(1) The Constitutional Court always initiates proceedings if a motion has been introduced by:

(a) a House of the Federal Assembly, the Presidency of the Federal Assembly, the Government of the Czech and Slovak Federative Republic, or another federal organ;

(b) the Czech National Council, its Presidency, the Slovak National Council, its Presidency, or the Government of a Republic;

(c) a court;

(d) the Prosecutor-General;

(e) an individual citizen in the cases specified in Article 91.

(2) The Constitutional Court of the Czech and Slovak Federative Republic may initiate proceedings on the basis of its own decision.

(3) The Constitutional Court of the Czech and Slovak Federative Republic may also initiate proceedings on the motion of citizens and organizations.

Art. 94: (1) The Constitutional Court of the Czech and Slovak Federative Republic consists of twelve members, of whom eight are judges and four substitutes. The Constitutional Court decides by a panel.; (2) Any citizen who is eligible for the Federal Assembly, who has reached the age of thirty-five years, is a graduate of a university law school, and has been active in the legal profession for at least ten years may be elected member of the Constitutional Court of the Czech and Slovak Federative Republic.; (3) Members of the Constitutional Court of the Czech and Slovak Federative Republic are elected by the Federal Assembly for a term of seven years. A judge of the Constitutional Court may not be elected for more than two consecutive terms.; (4) Four judges and two substitutes are elected from among the citizens of the Czech Republic and four judges and two substitutes are elected from among the citizens of the Slovak Republic.

Art. 95: (1) The Lord President and Lord Deputy President of the Constitutional Court of the Czech and Slovak Federative Republic are elected by the Federal Assembly from among the members of the Constitutional Court.; (2) If the Lord President of the Constitutional Court of the Czech and Slovak Federative Republic is a citizen of the Czech Republic, a citizen of the Slovak Republic shall be elected Lord Deputy President, or vice versa.

Art. 96: (1) The Lord President of the Constitutional Court of the Czech and Slovak Federative Republic calls a substitute to serve as judge if a judge falls sick, if his seat becomes vacant, or if he has lost his office.; (2) If a judge of the Constitutional Court of the Czech and Slovak Federative Republic has lost his office, the substitute becomes a judge on a permanent basis up to the expiration of the electoral term of the Constitutional Court.

Art. 97: (1) Members of the Constitutional Court of the Czech and Slovak Federative Republic enjoy the same immunity as deputies of the Federal Assembly.; (2) Permission to proceed with criminal or disciplinary prosecution of a member of the Constitutional Court or to take him into custody is granted by the Constitutional Court.

Art. 98: (1) The function of the Constitutional Court of the Czech and Slovak Federative Republic is incompatible with the function of deputy of the Federal Assembly, the Czech National Council, the Slovak National Council, and member of the Government of the Czech and Slovak Federative Republic or the Governments of the Republics, or with a function in the administrative or economic apparatus.; (2) A Law of the Federal Assembly may establish the incompatibility of the function of member of the Constitutional Court of the Czech and Slovak Federative Republic with further functions.

Art. 99: A member of the Constitutional Court of the Czech and Slovak Federative Republic may resign from his function. The Federal Assembly may recall him following disciplinary proceedings or on the basis of a sentence in a criminal case. The Federal Assembly may also recall a judge in the case that he has not attended the sessions of the Court for more than a year, provided this fact has been ascertained by the plenum of the Constitutional Court of the Czech and Slovak Federative Republic.

Art. 100: The details of the jurisdiction and organization of the Constitutional Court of the Czech and Slovak Federative Republic and its rules of procedure are regulated by a Law of the Federal Assembly,

Art. 101: There are Constitutional Courts in the Czech Republic and the Slovak Republic. Their jurisdiction and principles of organization are established by Constitutional Laws of the National Councils.

CHAPTER SEVEN. THE STATE ORGANS OF THE CZECH REPUBLIC AND THE SLOVAK REPUBLIC[edit]

Part I. The Czech National Council and the Slovak National Council[edit]

Art. 102: (1) The Czech National Council is the representative of the national sovereignty and identity of the Czech nation and the highest organ of state power in the Czech Republic.; (2) The Slovak National Council is the representative of the national sovereignty and identity of the Slovak nation and the highest organ of state power in the Slovak Republic.; (3) The National Council is the only legislative organ of the Republic.

Art. 103: (1) The number of deputies of the Czech National Council shall be determined by a Constitutional Law of the Czech National Council. The number of deputies of the Slovak National Council shall be determined by a Constitutional Law of the Slovak National Council.; (2) The National Council is elected for a term of five years.; (3) The conditions under which the right to elect and be elected to the National Council is exercised and the manner in which the election and recall of its deputies are performed, are established by a Law of the National Council.

Art. 104: (1) The National Council is in session at least twice within a year (a spring session and a fall session).; (2) The National Council is convened and its sessions are declared to be terminated by its Presidency.; (3) The National Council must be convened by its Presidency at the request of at least one-third of its deputies. The Presidency of the National Council convenes the session within fourteen days or within another term specified in the request.

Art. 105: Individual meetings of the National Council are convened by its Speaker.

Art. 106: (1) Meetings of the National Council are, as a general rule, public.; (2) Closed meetings may be held only in cases established by the procedural rules of the National Council.

Art. 107

(1) A National Council shall have power to:

(a) decide on Constitutional and other Laws of the Republic and ascertain how they are executed;

(b) grant approval to international agreements whose implementation requires a Law of the National Council;

(c) deal with basic questions of internal policy;

(d) approve the State Budget of the Republic, control its fulfillment, and approve the final state budgetary account of the Republic;

(e) elect and recall the Speaker of the National Council and the other members of the Presidency of the National Council;

(f) deal with the declaration of policy of the Government of the Republic and control its activity and the activity of its members, as well as deal with the question of confidence in the Government;

(g) set up by Law ministries and other central organs of state administration of the Republic;

(h) elect and recall members of the Constitutional Court of the Republic.

(2) The National Council may repeal a decree or decision of the Government of the Republic or a generally binding legal regulation of a ministry or another central organ of state administration, if they contradict the Constitution or another Law of the National Council.

Art. 108: Repealed.

Art. 109: (1) The National Council is capable of taking decisions if a simple majority of all the deputies is present.; (2) A valid decision requires the approval of a simple majority of the deputies present.; (3) The adoption of a Constitutional Law requires the approval of a three-fifths majority of all the deputies of the National Council.

Art. 110: (1) The Government of the Republic may ask the National Council for a vote of confidence. A motion of no confidence in the Government may be submitted by at least one-fifth of the deputies of the National Council.; (2) The provisions of section 1 also apply to a vote of no confidence in an individual member of the Government of the Republic.

Art. 111: (1) Draft bills may be submitted by deputies of the National Council, committees of the National Council, and by the Government of the Republic.; (2) Laws of the National Council are signed by the Speaker of the National Council and the Chief Minister of the Republic.; (3) A Law of the National Council takes effect if promulgated in the manner established by a Law of the National Council. Laws of the National Council are promulgated by the Presidency of the National Council within fourteen days after their approval.

Art. 112: The rules governing the proceedings of the National Council, and its relations with the Government and with other institutions are regulated by the Law on the Rules of Order of the National Council.

Art. 113: (1) The mandate of a deputy of a National Council is incompatible with the mandate of a deputy of the Federal Assembly and with the offices of judge, prosecutor, state arbitrator, military officer, police officer or correctional officer; (2) The validity of the election of deputies is verified by the National Council. The Council does so on the proposal of its Mandates and Immunities Committee.

Art. 114: (1) A deputy takes an oath at the first meeting of the National Council he attends.; (2) A deputy of the Czech National Council takes the oath set out in a Constitutional Law of the Czech National Council.; (3) A deputy of the Slovak National Council takes the oath set out in a Constitutional Law of the Slovak National Council.; (4) A refusal to take the oath, or a oath taken with a reservation, results in the loss of the mandate.

Art. 115: (1) The National Council, as well as individual deputies have the right to interpellate the Government of the Republic and its members, and to put questions to them on matters within their jurisdiction. The Government and its members are bound to answer such interpellations and questions.; (2) The Chief Minister and the other members of the Government of the Republic have the right to attend meetings of the National Council, its Presidency, and committees. They are given the floor whenever they so request.; (3) If the National Council, its Presidency, or committee so requests, a member of the Government is bound to attend a meeting of the National Council, its Presidency, or committee.

Art. 116: (1) A deputy may not be subjected to criminal or disciplinary prosecution or be taken into custody without the approval of the National Council. If the National Council refuses to give such approval, the prosecution is excluded for good.; (2) A deputy of the National Council may never be prosecuted for his voting in the National Council or its organs. A deputy is subject only to the disciplinary jurisdiction of the National Council for statements made in the exercise of his function in the National Council or its organ.; (3) If a deputy has been caught and arrested in the act of committing a criminal offense, the competent organ immediately notifies the Presidency of the National Council. If the Presidency does not grant approval, the deputy must be released immediately.

Art. 117: A deputy of the National Council may refuse to testify on matters of which he has come to know in the exercise of his function, even after he has ceased to be a deputy.

Art. 118: The National Council sets up committees as its initiatory and control organs, and elects their chairmen and other members.

Art. 119: (1) The National Council elects the Presidency of the National Council from among its deputies.; (2) The Presidency of the National Council consists of the Speaker, Deputy Speaker, and other members. The number of members of the Presidency is established by the National Council,; (3) The Presidency of the National Council maintains its after the expiration of the electoral term until the newly-elected National Council elects its own Presidency.; (4) The Presidency of the National Council and its members are accountable to the National Council. The National Council may recall them at any time.

Art. 120: The Presidency of the National Council decides by a simple majority of all its members.

Art. 121: (1) At the time when the National Council is not in session because it has been terminated or because its electoral term has expired, the jurisdiction of the National Council is exercised by the Presidency of the National Council. The Presidency is, however, not empowered to adopt or amend Constitutional Laws, or to decide on the State Budget of the Republic.; (2) At the time when the National Council is not in session due to extraordinary causes, the Presidency of the National Council exercises the full jurisdiction of the Council except for the right to adopt or amend Constitutional Laws.; (3) Urgent measures requiring the enactment of a Law are taken by the Presidency of the National Council in the form of Legal Measures signed by the Speaker of the National Council and the Chief Minister of the Republic. Legal Measures are promulgated in the same manner as Laws.; (4) Measures taken by the Presidency of the National Council under sections 1 to 3 must be approved at the next session of the National Council; otherwise, they shall become null and void.

Art. 122

(1) To the competence of the Presidency of the National Council furthermore belong:

(a) the appointment and recall of the Chief Minister and other members of the Government of the Republic and entrusting them with the direction of ministries and other central organs;

(b) the appointment of state functionaries, in cases where such appointment has been entrusted to the Presidency by a Law;

(c) the granting of prizes and the awarding of decorations according to the Laws of the Republic.

(2) The Presidency of the National Council calls elections to the National Council and general elections to municipal councils.

Art. 123

The Speaker of the National Council:

(a) represents the National Council;

(b) signs Laws of the National Council and Legal Measures of its Presidency;

(c) administers the oath of the members of the Government of the Republic;

(d) convenes and presides over the meetings of the National Council.

Part II. The Government of the Czech Republic and the Government of the Slovak Republic[edit]

Art. 124: The Government of the Republic is the highest executive organ of state power of the Republic.

Art. 125: (1) The Government of the Republic consists of the Chief Minister, Deputy Chief Ministers, and ministers.; (2) The function of a member of the Government is incompatible with the function of a member of the Presidency of the National Council or with the function of a member of the Constitutional Court.

Art. 126: (1) The members of the Government of the Czech Republic take an oath set out in a Constitutional Law of the Czech National Council before the Speaker of the Czech National Council.; (2) The members of the Government of the Slovak Republic take an oath set out in a Constitutional Law of the Slovak National Council before the Speaker of the Slovak National Council.

Art. 127: The Government of the Republic, after its appointment, is obliged to submit to the National Council at its next earliest session its declaration of policy and to ask for a vote of confidence.

Art. 128: (1) The Government of the Republic is accountable for the exercise of its functions to the National Council which may express its lack of confidence in it.; (2) The Government of the Republic may ask the National Council for a vote of confidence at any time.

Art. 129: (1) The Government of the Republic may submit its resignation to the Presidency of the National Council.; (2) If the National Council passes a vote of no confidence in the Government of the Republic or if it denies it a vote of confidence, the Presidency of the National Council recalls the Government.; (3) The Government of the Republic always submits its resignation after the first meeting of a newly-elected National Council.

Art. 130

If the Presidency of the National Council accepts the resignation of the Government, it entrusts the Government with the exercise of its functions temporarily until a new Government is appointed.

Art. 131: (1) A member of the Government of the Republic may submit his resignation to the Presidency of the National Council.; (2) The National Council may express its lack of confidence in individual members of the Government of the Republic. In such a case, the Presidency of the National Council recalls the member of the Government.

Art. 132: If the Presidency of the National Council accepts the resignation of a member of the Government of the Republic, it may determine who of the members of the Government will temporarily take charge of matters previously administered by the member of the Government whose resignation it accepted.

Art. 133: The Government of the Republic decides in a body, which is capable of taking decisions if a simple majority of its members is present. The validity of a decision requires the approval of a simple majority of all the present members of the Government.

Art. 134: The Government of the Republic organizes and secures the fulfillment of tasks in the area of the economic, cultural, and social construction of the Republic, as well as in further areas which fall, by the present Constitutional Law, under the jurisdiction of the Republic. For this purpose, the Government of the Republic ensures the implementation of Laws, unifies, directs, and controls the activity of the ministries and other organs of state administration of the Republic, and follows and secures the fulfillment of its decrees and decisions.

Art. 135: (1) All governmental and executive powers ensuing from the legislative competence of the National Council belong to the Government of the Republic.; (2) To the competence of the Government of the Republic furthermore belong matters which are regulated according to the present Constitutional Law by Laws of the Federal Assembly, if their implementation belongs to the Governments of the Republics (Article 37, section 2).; (3) Repealed.

Art. 136: The Government of the Republic directs and controls the activity of the municipalities insofar as it regards the execution of those matters of state administration transferred to them by law.

Art. 137

(1) The Government of the Republic as a body decides in particular on:

(a) draft bills;

(b) Government decrees;

(c) the implementation of its declaration of policy;

(d) the approval of international agreements whose execution belongs to the jurisdiction of the Republic;

(e) drafts of the State Budget, and the final budgetary account of the Republic;

(f) basic economic measures for securing the economic policy;

(g) the appointment of functionaries in cases established by a Law;

(h) motions asking the National Council for a vote of confidence;

(ch) other questions, if a Law of the National Council so provides.

(2) The Government of the Czech Republic and the Government of the Slovak Republic may establish, as their decision-making authority, the Cabinet Committee of the Government and define its competence and lay down the principles of its conduct.

Art. 138: The Government of the Republic may issue decrees for the purpose of implementing a Law of the National Council and within the limits of such a Law. It may likewise issue decrees for the implementation of a Law of the Federal Assembly, if it is empowered to do so.

Art. 139: The ministries and the other central organs of state administration of the Republic may issue generally binding legal regulations on the basis and within the limits of Laws of the Federal Assembly and Laws of a National Council, if they are authorized by a Law to do so.

Art. 139a

Local self-government authorities may issue generally binding legal regulations on matters within their jurisdiction on the basis and within the limits of Laws of the Federal Assembly and Laws of a National Council, if they are authorized by a Law to do so.

CHAPTER EIGHT. GENERAL, TRANSITIONAL, AND CONCLUDING PROVISIONS[edit]

Art. 140: (1) The territory of the Czech Republic consists of the current territory of the Czech provinces.; (2) The territory of the Slovak Republic consists of the current territory of Slovakia.; (3) The territorial division of the Republics is established by Laws of the National Councils.

Art. 141: (1) The capital of the Czech and Slovak Federative Republic and the regular seat of its organs is Prague. The position of Prague as capital of the Czech and Slovak Federative Republic is regulated by a Law of the Federal Assembly.; (2) The capital of the Czech Republic and the regular seat of its organs is Prague.; (3) The capital of the Slovak Republic and the regular seat of its organs is Bratislava.

Art. 142: (1) The Constitution of the Czech and Slovak Federative Republic may be only amended by a Constitutional Law of the Federal Assembly.; (2) Both Republics approve their own Constitutions, together with the approval of the Constitution of the Czech and Slovak Federative Republic. Until the Constitution of the Czech Republic and the Constitution of the Slovak Republic are approved, the constitutional relations of these Republics are governed by the present Constitutional Law and the other constitutional regulations.; (3) Laws of the Federal Assembly, Laws of the National Councils, and other legal regulations of the federal organs and the organs of the Republics may not contradict the Constitution and the Constitutional Laws of the Czech and Slovak Federative Republic. The interpretation and application of all legal regulations must be in conformity with the Constitution and the Constitutional Laws of the Federation.; (4) Laws of the National Councils and other legal regulations of the Republics may not contradict the Constitutional Laws of the National Councils. The interpretation and application of all legal regulations of a Republic must be in conformity with the Constitutional Laws of the respective National Councils.

Art. 143: (1) The provisions of Article 1, section 2, and Article 12, of Chapters III, IV, V, and VI (Articles 39 to 85), as well as of Articles 107 to 109, and Article III of the Constitution (Constitutional Law 100/1960 Coll.) are repealed.; (2) Wherever the provisions of the Constitution and other Laws mention the Czech and Slovak Federative Republic, this term is understood according to the nature of the matter to mean also the Czech Republic and the Slovak Republic.; (3) The President of the Republic elected according to the provisions of Article 63 of the Constitution remains in office as the President of the Czech and Slovak Federative Republic according to the present Constitutional Law; his electoral term of office is computed as of the day of his election.; (4) The Presidency of the National Assembly remains in office until the election of the Presidency of the Federal Assembly.; (5) The Government of the Czech and Slovak Federative Republic exercises the function of the Government of the Czech and Slovak Federative Republic until the appointment of the Government of the Czech and Slovak Federative Republic according to the present Constitutional Law.

Art. 144: (1) All Laws and other legal regulations in force on the day when the present Constitutional Law comes into effect continue to be in force. Insofar as they regulate matters which do not belong to the jurisdiction of the Federation according to the present Constitutional Law, they may be amended by Laws of the Czech National Council or the Slovak National Council, or by other legal regulations of the Republics.; (2) Insofar as the existing Laws and other legal regulations enumerate the jurisdiction of the National Assembly, the Government, the Slovak National Council, or of other central state organs, such jurisdiction is exercised in matters reserved by the present Constitutional Law to the Czech and Slovak Federative Republic by the Federal Assembly, the Government of the Czech and Slovak Federative Republic, or by other central federal organs; in other matters, such jurisdiction is exercised by the Czech National Council, the Slovak National Council, the Government of the Czech Republic, the Government of the Slovak Republic, or other central organs of both Republics.; (3) A Law of the Federal Assembly may determine to which organs (organizations) and to what extent the jurisdiction passes of the present organs (organizations) – with the exception of ministries or other central organs of state administration headed by a minister – which have been entrusted by the present Laws with nationwide jurisdiction in matters which according to the present Constitutional Law belong to the joint jurisdiction of the Czech and Slovak Federative Republic and to the two Republics. Such a Law may also regulate the necessary transfer of rights and obligations of the present organs (organizations).

Art. 145

The organization of courts and the Prosecution in the Czech and Slovak Federative Republic is regulated by a Constitutional Law of the Federal Assembly. Until the day such Constitutional Law comes into effect, the Federal Assembly is competent to:

(a) elect and recall justices of the Supreme Court and judges of military courts;

(b) propose to the President of the Czech and Slovak Federative Republic to recall the Prosecutor-General;

(c) discuss reports of the Supreme Court and the Prosecutor-General on the state of legality.

Art. 146

(1) As long as the Czech National Council and the Slovak National Council are not elected on the basis of the present Constitutional Law,

(a) the Czech National Council formed according to the Constitutional Law 1968 No. 77, exercises the jurisdiction of the Czech National Council according to the present Constitutional Law;

(b) the Slovak National Council extended according to Article 6 of the Constitutional Law 1968 No. 77, exercises the jurisdiction of the Slovak National Council according to the present Constitutional Law.

(2) The Czech National Council extends the number of its members by election so as to have two hundred members.

(3) The Slovak National Council extends the number of its members by election so as to have one hundred and fifty members.

(4) The members of both National Councils have the rights and obligations of deputies according to the present Constitutional Law.

Art. 147

As long as the Federal Assembly is not elected in the sense of Article 30, section 1, and Article 31, section 2:

(a) the National Assembly becomes in its present composition the House of the People of the Federal Assembly, and

(b) the deputies of the House of Nations are elected by the Czech National Council and the Slovak National Council, extended on the basis of Article 146, from among their members who are not deputies of the National Assembly.

Art. 148: Repealed.

Art. 149: Repealed.

Art. 150: (1) The National Assembly, the Czech National Council, and the Slovak National Council may take measures necessary for the implementation of the present Constitutional Law prior to the day when it comes into effect.; (2) If the National Assembly deals with some of the draft bills specified in Article 42, section 2, prior to the day specified in section 1, their adoption requires the approval of a majority of all the deputies of the National Assembly elected in the Czech provinces and a majority of all the deputies of the National Assembly elected in Slovakia. The adoption of a Constitutional Law requires the approval of at least three-fifths of all the deputies of the National Assembly elected in the Czech provinces and at least three-fifths of all the deputies of the National Assembly elected in Slovakia.; (3) The draft bills according to section 2 are voted on separately by the deputies elected in the Czech provinces and the deputies elected in Slovakia.

Art. 151: (1) The present Constitutional Law comes into effect on 1 January 1969.; (2) The provisions of Article 146, sections 1 and 3, and Articles 149 and 150 come into effect immediately.

23/1991 Coll.; Charter of Fundamental Rights and Freedoms (8 February 1991)[edit]

The Federal Assembly has enacted the following Constitutional Act:

§. 1: (1) Constitutional laws, other laws and other legal regulations, as well as their their interpretation and application, must be in conformity with the Charter of Fundamental Rights and Freedoms.; (2) The fundamental rights and freedoms set out in the Charter of Fundamental Rights and Freedoms are under the protection of the Constitutional Court.

§. 2: The International Covenants on Human Rights and Fundamental Freedoms ratified and promulgated by the Czech and Slovak Federative Republic are generally binding on its territory and take precedence over laws.

§. 3: (1) Fundamental rights and freedoms can be extended beyond the scope of the Charter of Fundamental Rights and Freedoms by the Constitution of the Czech Republic and the Constitution of the Slovak Republic.; (2) The provisions of the Constitutional Laws on the division of legislative power between the Federation and the Republics are not affected by this Constitutional Law.

§. 4

Article 5 of the Constitutional Law on the Czechoslovak Federation (No. 143/1968 Coll.), as amended, shall read as follows:

Art. 5: (1) A citizen of each of the two republics is also a citizen of the Czech and Slovak Federal Republic.; (2) A citizen of each republic enjoys in the territory of the other republic the same rights and has the same as a citizen of that republic.; (3) Nobody may be deprived of his citizenship against his will.; (4) The principles of acquisition and the loss of state citizenship shall be established by a Law of the Federal Assembly.

§. 5

The following provisions are repealed:

(a) The provisions of Articles 7 to 9, and Chapters II (Articles 19 to 38) of the Constitution (Constitutional Law 1960 No. 100), as amended;

(b) The Constitutional Law on the Status of Nationalities in the Czech and Slovak Federative Republic (Constitutional Law 144/1968 Coll.).

§. 6

§. 7

SCHEDULE. CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS[edit]

The Federal Assembly, on the basis of the proposals of the Czech National Council and the Slovak National Council,

Recognizing the inviolability of the natural rights of man, the rights of citizens, and the sovereignty of the law,

Proceeding from the universally-shared values of humanity and from our nations’ traditions of democracy and self-government,

Mindful of the bitter experience of periods when human rights and fundamental freedoms were suppressed in our homeland,

Placing hope in the common endeavours of all free nations to safeguard these rights,

Ensuing from the Czech and Slovak nations’ right to self-determination,

Recalling its share of responsibility towards future generations for the fate of all life on Earth,

and Expressing the will that the Czech and Slovak Federal Republic should join in dignity the ranks of countries cherishing these values,

Has enacted this Charter of Fundamental Rights and Basic Freedoms:

CHAPTER ONE

GENERAL PROVISIONS

Art. 1

All people are free and equal in their dignity and rights. Their fundamental rights and freedoms are inherent, inalienable, non-prescriptible, and irrepealable.

Art. 2

(1) Democratic values constitute the foundation of the state; it may not be bound either to an exclusive ideology or to a particular religious faith.

(2) State authority may be asserted only in cases and within the bounds provided for by law and only in the manner prescribed by law.

(3) Everyone may do what is not prohibited by law; and nobody may be compelled to do what is not imposed by law.

Art. 3

(1) Everyone is guaranteed the enjoyment of fundamental rights and basic freedoms without regard to gender, race, colour of skin, language, faith and religion, political or other conviction, national or social origin, membership in a national or ethnic minority, property, birth, or other status.

(2) Everybody has the right freely to choose his nationality. It is prohibited to influence this choice in any way, just as is any form of pressure aimed at suppressing a person’s national identity.

(3) Nobody may be caused detriment to her rights for asserting her fundamental rights and basic freedoms.

Art. 4

(1) Duties may be imposed only on the basis and within the bounds of law and only while respecting the fundamental rights and freedoms.

(2) Limitations may be placed upon the fundamental rights and freedoms under the conditions prescribed in this Charter of Fundamental Rights and Freedoms (hereinafter "Charter") only by law.

(3) Any legal limitation upon the fundamental rights and freedoms must apply in the same way to all cases which meet the specified conditions.

(4) When employing the provisions concerning limitations upon the fundamental rights and freedoms, the essence and significance of these rights and freedoms must be preserved. Such limitations shall not be misused for purposes other than those for which they were enacted.

CHAPTER TWO

HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Division one

Fundamental Human Rights and Freedoms

Art. 5

Everyone is entitled to possess rights.

Art. 6

(1) Everyone has the right to life. Human life is worthy of protection even before birth.

(2) Nobody may be deprived of her life.

(3) The death penalty is prohibited.

(4) If the deprivation of life occurs in connection with conduct which is not criminal according to law, the rights enshrined by this article are not breached.

Art. 7

(1) The inviolability of the person and of his privacy is guaranteed. It may be limited only in cases determined by law.

(2) No one may be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.

Art. 8

(1) Personal liberty is guaranteed.

(2) No one may be prosecuted or deprived of her liberty except on the grounds and in the manner specified by law. No one may be deprived of her liberty on the grounds of inability to fulfil a contractual obligation.

(3) A person accused of or suspected of having committed a criminal act may be detained only in cases specified by law. A person who is detained must be immediately informed on the reasons of the detention, questioned, and within twenty-four hours at the latest, either released or turned in to a court. A judge must question the detained person and decide whether the person must be placed in custody or released within twenty-four hours of the takeover.

(4) A person accused of a criminal act may be arrested only on the basis of a written and reasoned warrant issued by a judge. The arrested person must be turned in to a court within twenty-four hours. A judge must question the arrested person and decide whether the person shall be detained or released within twenty-four hours.

(5) Nobody may be placed detained except on the grounds and for the period of time determined by law and only on the basis of a judicial decision.

(6) The law specifies cases in which a person may be taken into or kept in a medical institution without consent. A court must be notified within twenty-four hours that such a measure has been taken and it decides on such placement within seven days.

Art. 9

(1) No one may be subjected to forced labour or service.

(2) The provision of paragraph 1 does not apply to:

a) labour imposed according to law upon persons serving a prison sentence or upon persons serving other penalties replacing the penalty of imprisonment,

b) military service or some other service specified by law in place of compulsory military service,

c) service required on the basis of law in the event of natural disasters, accidents, or other danger threatening human life, health, or property of significant value,

d) conduct imposed by law for the protection of life, health, or the rights of others.

Art. 10

(1) Everyone has the right to demand that her human dignity, personal honour, and good reputation be respected, and that her name be protected.

(2) Everyone has the right to be protected from any unauthorized intrusion into private and family life.

(3) Everyone has the right to be protected from the unauthorized gathering, public revelation, or other misuse of her personal data.

Art. 11

(1) Everyone has the right to own property. Each owner’s property right has the same content and enjoy the same protection. Inheritance is guaranteed.

(2) The law shall designate the property necessary for securing the needs of the entire society, the development of the national economy, and the public welfare, which may be owned exclusively by the state, a municipality, or by designated legal persons; the law may also provide that certain items of property may be owned exclusively by citizens or legal persons with their headquarters in the Czech and Slovak Federal Republic.

(3) Ownership entails obligations. It may not be misused to the detriment of the rights of others or in conflict with legally protected public interests. It may not be exercised so as to harm human health, nature, or the environment beyond the limits specified by law.

(4) Expropriation or some other mandatory limitation upon property rights is permitted in the public interest, on the basis of law, and for compensation.

(5) Taxes and fees shall be levied only on the basis of law.

Art. 12

(1) A person’s habitation is inviolable. It may not be entered without the permission of the person living there.

(2) A habitation may be searched only for the purposes of a criminal proceeding on the basis of a written and reasoned search warrant issued by a judge. The manner in which a habitation may be searched shall be specified by law.

(3) Other interference within the inviolability of a habitation may be permitted by law only if it is necessary in a democratic society for the protection of the life or health of individuals, for the protection of the rights and freedoms of others, or in order to avert a serious threat to public security and order. If a habitation is also used for a business purposes or for other economic activities, the law may also permit such interference if it is necessary to fulfil the duties of public administration.

Art. 13

No one may violate the confidentiality of letters or the confidentiality of other papers or records, whether privately kept or sent by post or by other means, except in the cases and in the manner specified by law. The confidentiality of messages communicated by telephone, telegraph or by other similar devices is guaranteed.

Art. 14

(1) The freedom of movement and of residence is guaranteed.

(2) Everyone who is legitimately staying within the territory of the Czech and Slovak Federative Republic has the right freely to leave it.

(3) These freedoms may be limited by law if such is unavoidable for the security of the state, the maintenance of public order, the protection of the rights and freedoms of others or, in demarcated areas, for the purpose of protecting nature.

(4) Every citizen is free to enter the territory of the Czech and Slovak Federative Republic. No citizen may be forced to leave homeland.

(5) An alien may be expelled only in cases specified by the law.

Art. 15

(1) The freedom of thought, conscience and religious conviction is guaranteed. Everyone has the right to change religion or faith or to have no religious conviction.

(2) The freedom of scientific research and of artistic production is guaranteed.

(3) No one may be compelled to perform military service if it is contrary to his conscience or religious conviction. Detailes are specified by law.

Art. 16

(1) Everyone has the right freely to manifest religion or faith, either alone or in community with others, in private or public, through worship, teaching, practice, or observance.

(2) Churches and religious societies administrate their own affairs; in particular, they establish their own organs and appoint their clergy as well as found religious orders and other church institutions, independently of state authorities.

(3) The conditions of religious education at state schools are specified by law.

(4) The exercise of these rights may be limited by law in the case of measures necessary in a democratic society for the protection of public safety and order, health and morals, or the rights and freedoms of others.

Division two

Political Rights

Art. 17

(1) The freedom of expression and the right to information are guaranteed.

(2) Everyone has the right to express her opinion in speech, in writing, in the press, in pictures, or in any other form, as well as to freely search, receive, and disseminate ideas and information irrespective of the boarders of the state.

(3) Censorship is inadmissible.

(4) The freedom of expression and the right to search and disseminate information may be limited by law in the case of measures necessary in a democratic society for protecting the rights and freedoms of others, the security of the state, public security, public health, and morals.

(5) State authorities and territorial self-governing authorities are obliged to provide information on their activities in an appropriate manner. Conditions and implementation are determined by law.

Art. 18

(1) The right of petition is guaranteed; in matters of public or other common interest, everyone has the right, on her own or together with other individuals, to address state authorities or territorial self-governing authorities with requests, proposals, or complaints.

(2) Petitions may not be misused to interfere with the independence of the courts.

(3) Petitions may not be misused for the purpose of calling for the violation of the fundamental rights and freedoms guaranteed by this Charter.

Art. 19

(1) The right of peaceful assembly is guaranteed.

(2) This right may be limited by law in the case of assemblies held in public places, if it concerns measures necessary in a democratic society for the protection of the rights and freedoms of others, public order, health, morals, property, or the security of the state. However, an assembly may not be subject to permission by a public administrative authority.

Art. 20

(1) The right of association is guaranteed. Everybody has the right to associate with others in clubs, societies, and other associations.

(2) Citizens also have the right to form political parties and political movements and to associate therein.

(3) The exercise of these rights may be limited only in cases specified by law, if it involves measures that are necessary in a democratic society for the security of the state, the protection of public security and public order, the prevention of crime, or the protection of the rights and freedoms of others.

(4) Political parties and political movements, as well as other associations, are separated from the state.

Art. 21

(1) Citizens have the right to participate in the administration of public affairs either directly or through the free election of their representatives.

(2) Elections must be held within periods not exceeding the regular electoral terms specified by law.

(3) The right to vote is universal and equal, and exercised by secret ballot. The conditions for exercising the right to vote are specified by law.

(4) Citizens have access, under equal conditions, to any elective and other public office.

Art. 22

Legal regulation of all political rights and freedoms and its interpretation and application must allow and protect the free competition of political forces in a democratic society.

Art. 23

Citizens have the right to resist anybody who would eliminate the democratic order of human rights and fundamental freedoms, established by this Charter, if the actions of constitutional authorities and the effective use of legal means have been made impossible.

CHAPTER THREE

THE RIGHTS OF NATIONAL AND ETHNIC MINORITIES

Art. 24

Affiliation to any national or ethnic minority may not be to anyone’s detriment.

Art. 25

(1) Citizens constituting national or ethnic minorities are guaranteed universal development, in particular the right to develop, together with other members of the minority, their own culture, the right to disseminate and receive information in their native language and the right to associate in national associations. Details are specified by law.

(2) Citizens belonging to national and ethnic minorities are also guaranteed under the conditions specified by law:

a) the right to education in their own language,

b) the right to use their own language in their communication with authorities,

c) the right to participate on resolution of affairs concerning national and ethnic minorities.

CHAPTER FOUR

ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

Art. 26

(1) Everybody has the right to the free choice of profession and the training for it, as well as the right to do business and pursue other economic activity.

(2) Conditions and limitations upon the right to engage in certain profession or activities may be specified by law.

(3) Everybody has the right to acquire the means of her livelihood by work. The state provides an adequate level of material security to those citizens who are unable, through no fault of their own, to exercise this right; conditions are specified by law.

(4) Different regulation for aliens may be specified by law.

Art. 27

(1) Everyone has the right to associate freely with others for the protection of her economic and social interests.

(2) Trade unions shall be established independently of the state. It is inadmissible to limitate the number of trade union organisations, as well as to give preferential treatment in a particular enterprise or branch of industry.

(3) The activities of trade unions and the formation and activities of similar associations for the protection of economic and social interests may be limited by law in the case of measures necessary in a democratic society for the protection of the security of the State, public order, or the rights and freedoms of others.

(4) The right to strike is guaranteed under the conditions specified by law; this right does not appertain to judges, prosecutors, or members of the armed forces or security corps.

Art. 28

Employees have the right to fair remuneration for their work and to satisfactory work conditions. Details are specified by law.

Art. 29

(1) Women, adolescents, and disabled persons have the right to increased protection of their health at work and to special work conditions.

(2) Adolescents and disabled persons have the right to special protection in labour relations and to assistance in vocational training.

(3) Details are specified by law.

Art. 30

(1) Citizens have the right to adequate material security in old age and during periods of work incapacity, as well as in the case of the loss of their breadwinner.

(2) Everyone in material need has the right to assistance necessary to ensure a basic living standard.

(3) Details are specified by law.

Art. 31

Everyone has the right to the protection of health. Citizens have the right, on the basis of public insurance, to free medical care and to medical tools under conditions specified by law.

Art. 32

(1) Parenthood and the family are under the protection of the law. Special protection is guaranteed to children and adolescents.

(2) Pregnant woman is guaranteed special care, protection in labour relations, and suitable labour conditions.

(3) Children enjoy equal rights whether they are born in or out of wedlock.

(4) It is the parents’ right to care for and bring up their children; children have the right to parental upbringing and care. Parental rights may be limited and minor children may be removed from their parents’ custody against their will only by the decision of a court on the basis of the law.

(5) Parents who are raising children have the right to assistance from the state.

(6) Details are specified by law.

Art. 33

(1) Everyone has the right to education. School attendance is obligatory for the period specified by law.

(2) Citizens have the right to free elementary and secondary school education, and, depending on citizen’s ability and the possibilities of society, also to university education.

(3) It is possible, under the conditions specified by law, to establish other then state schools; education may be provided at such schools for tuition.

(4) The conditions under which citizens have the right to assistance from the state during their studies are specified by law.

Art. 34

(1) The rights to the results of creative intellectual activity are protected by law.

(2) The right of access to cultural wealth is guaranteed under the conditions specified by law.

Art. 35

(1) Everyone has the right to a beneficial environment.

(2) Everyone has the right to timely and complete information on the state of the environment and natural resources.

(3) No one may, in exercise of rights, endanger or cause damage to the environment, natural resources, the wealth of natural species, or cultural monuments beyond the extent specified by a law.

CHAPTER FIVE

THE RIGHT TO JUDICIAL AND OTHER LEGAL PROTECTION

Art. 36

(1) Everyone may claim, through determined procedure, rights before an independent and impartial court or, in specified cases, before another body.

(2) Unless a law provides otherwise, a person who claims to be curtailed in his rights by a decision of a public administrative authority may turn to a court for review of the legality of such decision. However, judicial review of decisions affecting the fundamental rights and freedoms listed in this Charter may not be removed from the jurisdiction of courts.

(3) Everybody is entitled to compensation for damage caused by an unlawful decision of a court, other state authorities or public administrative authorities or as the result of an improper official procedure.

(4) Conditions and details are specified by law.

Art. 37

(1) Everyone has the right to refuse to testify if he would incriminate himself or a close person.

(2) In proceedings before courts, other state authorities or public administrative authorities everyone has the right to legal assistance from the very beginning of such proceedings.

(3) All parties to such proceedings are equal.

(4) Anyone who declares not to speak the language in which a proceeding is being conducted has the right to the services of an interpreter.

Art. 38

(1) No one may be removed from the jurisdiction of lawful judge. The jurisdiction of courts and judges are specified by law.

(2) Everyone has the right to have her case heard in public, without unnecessary delay, and in his presence, as well as to express his opinion on all of the admitted evidence. The public may be excluded only in cases specified by law.

Art. 39

Only a law may specify which acts constitute a crime and what penalties, or other detriments to rights or property, may be imposed for committing them.

Art. 40

(1) Only a court may decide on guilt and on the punishment for criminal offences.

(2) A person against whom a criminal proceeding has been brought shall be considered innocent until his guilt is declared in a final judgment of the court.

(3) The accused has the right to be given the time and opportunity to prepare a defence and to defend himself, either on his own or with the assistance of advocate. If he fails to choose advocate even though the law requires him to have one, he is appointed advocate by the court. The law specifies cases in which the accused is entitled to advocate free of charge.

(4) The accused has the right to refuse to testify; he may not be deprived of such right in any manner.

(5) No one may be criminally prosecuted for an act for which he has already been effectively convicted or acquitted. This rule does not exclude the application of remedies according to law.

(6) The criminality of an act is considered and punishment is imposed according to the law in effect at the time the act was committed. A posterior law applies if it is more favourable for the offender.

CHAPTER SIX

GENERAL PROVISIONS

Art. 41

(1) The rights listed in article 26, article 27 section 4, articles 28 to 31, article 32 section 1 and

3, article 33, and article 35 of this Charter may be claimed only within the limits specified by laws implementing these provisions.

(2) Whenever this Charter refers to a law, it is understood a law enacted by the Federal Assembly, unless, as a result of the constitutional division of legislative powers, such issues are governed by laws enacted by the national councils.

Art. 42

(1) Whenever this Charter uses the term "citizen", this is to be understood as a citizen of the Czech and Slovak Federative Republic.

(2) While in the Czech and Slovak Federative Republic, aliens enjoy the human rights and fundamental freedoms guaranteed by this Charter, unless such rights and freedoms are expressly conferred to citizens alone.

(3) Whenever current legal regulations use the term "citizen", this shall be understood to refer to every individual if it concerns the fundamental rights and freedoms that this Charter confers to everybody irrespective of their citizenship.

Art. 43

The Czech and Slovak Federative Republic grant asylum to aliens who are being persecuted for the assertion of their political rights and freedoms. Asylum may be denied to a person who has acted contrary to fundamental human rights and freedoms.

Art. 44

Law may restrict the right of judges and prosecutors to carry out business or other economic activity and the right specified in the art. 20 section 2; it may also restrict these rights as well as rights specified in art. 27 section 4 of employees of state administration and territorial self-governance in offices specified by such law; it may also restrict these rights as well as rights specified in the art. 18, art. 19 and art. 27 section 1 and 3 of members of security corps and members of the armed forces insofar as such is related to the performance of their duties. A law may restrict the right to strike of people whose professions are essential for the protection of life and health.

User:Glide08/Sandbox/Constitution of the Czech and Slovak Federative Republic

Contents

100/1960 Coll.; Constitution of the Czechoslovak Socialist Republic (11 July 1960)[edit]

CHAPTER ONE. THE SOCIAL ORDER[edit]

CHAPTER TWO. RIGHTS AND DUTIES OF CITIZENS[edit]

CHAPTER THREE. THE NATIONAL ASSEMBLY[edit]

CHAPTER FOUR. THE PRESIDENT OF THE REPUBLIC[edit]

CHAPTER FIVE. THE GOVERNMENT[edit]

CHAPTER SIX. THE SLOVAK NATIONAL COUNCIL[edit]

CHAPTER SEVEN. LOCAL SELF-GOVERNMENT[edit]

CHAPTER EIGHT. COURTS AND PROSECUTION[edit]

Courts[edit]

Prosecution[edit]

Reports on the state of Socialist Legality[edit]

CHAPTER NINE. GENERAL AND CONCLUDING PROVISIONS[edit]

143/1968 Coll.; Constitutional Law on Czechoslovak Federation (27 October 1968)[edit]

CHAPTER ONE. BASIC PROVISIONS[edit]

CHAPTER TWO. DIVISION OF JURISDICTION BETWEEN THE FEDERATION AND THE REPUBLICS[edit]

CHAPTER THREE. THE FEDERAL ASSEMBLY[edit]

CHAPTER FOUR. THE PRESIDENT OF THE CZECH AND SLOVAK FEDERATIVE REPUBLIC[edit]

CHAPTER FIVE. THE GOVERNMENT OF THE CZECH AND SLOVAK FEDERATIVE REPUBLIC[edit]

CHAPTER SIX. THE CONSTITUTIONAL COURT OF THE CZECH AND SLOVAK FEDERATIVE REPUBLIC[edit]

CHAPTER SEVEN. THE STATE ORGANS OF THE CZECH REPUBLIC AND THE SLOVAK REPUBLIC[edit]

Part I. The Czech National Council and the Slovak National Council[edit]

Part II. The Government of the Czech Republic and the Government of the Slovak Republic[edit]

CHAPTER EIGHT. GENERAL, TRANSITIONAL, AND CONCLUDING PROVISIONS[edit]

23/1991 Coll.; Charter of Fundamental Rights and Freedoms (8 February 1991)[edit]

SCHEDULE. CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS[edit]

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User:Glide08/Sandbox/Constitution of the Czech and Slovak Federative Republic

100/1960 Coll.; Constitution of the Czechoslovak Socialist Republic (11 July 1960)[edit]

CHAPTER ONE. THE SOCIAL ORDER[edit]

CHAPTER TWO. RIGHTS AND DUTIES OF CITIZENS[edit]

CHAPTER THREE. THE NATIONAL ASSEMBLY[edit]

CHAPTER FOUR. THE PRESIDENT OF THE REPUBLIC[edit]

CHAPTER FIVE. THE GOVERNMENT[edit]

CHAPTER SIX. THE SLOVAK NATIONAL COUNCIL[edit]

CHAPTER SEVEN. LOCAL SELF-GOVERNMENT[edit]

CHAPTER EIGHT. COURTS AND PROSECUTION[edit]

Courts[edit]

Prosecution[edit]

Reports on the state of Socialist Legality[edit]

CHAPTER NINE. GENERAL AND CONCLUDING PROVISIONS[edit]

143/1968 Coll.; Constitutional Law on Czechoslovak Federation (27 October 1968)[edit]

CHAPTER ONE. BASIC PROVISIONS[edit]

CHAPTER TWO. DIVISION OF JURISDICTION BETWEEN THE FEDERATION AND THE REPUBLICS[edit]

CHAPTER THREE. THE FEDERAL ASSEMBLY[edit]

CHAPTER FOUR. THE PRESIDENT OF THE CZECH AND SLOVAK FEDERATIVE REPUBLIC[edit]

CHAPTER FIVE. THE GOVERNMENT OF THE CZECH AND SLOVAK FEDERATIVE REPUBLIC[edit]

CHAPTER SIX. THE CONSTITUTIONAL COURT OF THE CZECH AND SLOVAK FEDERATIVE REPUBLIC[edit]

CHAPTER SEVEN. THE STATE ORGANS OF THE CZECH REPUBLIC AND THE SLOVAK REPUBLIC[edit]

Part I. The Czech National Council and the Slovak National Council[edit]

Part II. The Government of the Czech Republic and the Government of the Slovak Republic[edit]

CHAPTER EIGHT. GENERAL, TRANSITIONAL, AND CONCLUDING PROVISIONS[edit]

23/1991 Coll.; Charter of Fundamental Rights and Freedoms (8 February 1991)[edit]

SCHEDULE. CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS[edit]

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