US embassy cable - 92PRAGUE11316

UNCLAS SECTION 01 OF 06 PRAGUE 11316 
 
FOR OFFICIAL USE ONLY 
 
VIENNA ALSO HOLD FOR BRATISLAVA 
 
USVIENNA FOR USDEL CSCE AND UNVIE 
 
E.O. 12356:N/A 
TAGS:  PGOV, PHUM, CZ 
SUBJECT:  THE CZECH CONSTITUTION 
 
REF: FBIS VIENNA AU, SERIAL NO. AU2412060192 (NOTAL) 
 
1.  SUMMARY:  THE CZECH REPUBLIC (CR) CONSTITUTION (FULL 
TEXT REFTEL), WHICH WILL TAKE EFFECT JANUARY 1, IS 
EXPLICITLY PART OF THE CR'S EFFORT TO PROJECT ITSELF 
RAPIDLY AND FULLY INTO THE "FAMILY OF EUROPEAN AND WORLD 
DEMOCRACIES."  THE FUNDAMENTAL CONSTITUENT UNIT IS NOT 
THE CZECH PEOPLE AS A GROUP, BUT RATHER THE INDIVIDUAL 
CITIZEN OF THE CZECH REPUBLIC, WHOSE HUMAN AND CIVIL 
RIGHTS ARE ABSOLUTELY GUARANTEED AND PROTECTED BY AN 
INDEPENDENT JUDICIARY, INCLUDING A CONSTITUTIONAL COURT 
AND SUPREME COURT.  THE CONSTITUTION GUARANTEES THE 
PROTECTION OF MINORITY VIEWPOINTS, BUT DOES NOT INCLUDE 
THE PRINCIPLE THAT NATIONAL OR ETHNIC MINORITIES HAVE 
SPECIAL RIGHTS BY VIRTUE OF THEIR NATIONAL OR ETHNIC 
DISTINCTIVENESS. 
 
2.  THE INDEPENDENT CZECH REPUBLIC WILL BE A 
PARLIAMENTARY DEMOCRACY, WITH A BICAMERAL LEGISLATURE 
(CHAMBER OF DEPUTIES AND SENATE).  THE PRIME MINISTER, 
HIS DEPUTIES, AND OTHER MINISTERS ARE RESPONSIBLE TO THE 
CHAMBER OF DEPUTIES.  A MAJOR FUNCTION OF THE SENATE IS 
TO ENSURE CONTINUITY WHEN THE CHAMBER OF DEPUTIES CANNOT 
FULFILL ITS RESPONSIBILITIES; OTHERWISE, IT IS FAR LESS 
POWERFUL THAN THE CHAMBER.  THE PRESIDENT OF THE 
REPUBLIC IS ELECTED BY BOTH CHAMBERS OF PARLIAMENT, AND 
EXERCISES POWERS SUBSTANTIALLY GREATER THAN THOSE OF THE 
GERMAN PRESIDENT, BUT LESS THAN THOSE OF THE PRESIDENT 
OF FRANCE. IN ADDITION TO THE EXECUTIVE, LEGISLATIVE, 
AND JUDICIAL BRANCHES, THE CONSTITUTION ESTABLISHES A 
SUPREME INSPECTION OFFICE (SOMEWHAT COMPARABLE TO THE 
GAO) AND THE CZECH NATIONAL BANK.  THE CONSTITUTION ALSO 
PROVIDES FOR WHAT IS TERMED "TERRITORIAL 
SELF-ADMINISTRATION" AT THE LEVEL OF MUNICIPALITIES AND 
OF REGIONS OR LANDS, BUT DOES NOT SIGNIFICANTLY INCREASE 
MUNICIPAL OR REGIONAL AUTONOMY.  END SUMMARY. 
 
BASIC PRINCIPLES 
---------------- 
 
3.  ACCORDING TO THE PREAMBLE, IT IS THE "CITIZENS OF 
THE CZECH REPUBLIC IN BOHEMIA, MORAVIA, AND SILESIA" WHO 
ADOPT THE CONSTITUTION, THROUGH THEIR FREELY ELECTED 
REPRESENTATIVES.  THE PREAMBLE AND CHAPTER ONE, "BASIC 
PROVISIONS," REFER AT SEVERAL POINTS TO THE CR AS A 
"STATE OF LAWS", BASED ON THE EQUALITY OF ALL CITIZENS 
AND RESPECT FOR THE PRINCIPLES OF HUMAN DIGNITY, 
FREEDOM, AND HUMAN AND CIVIL RIGHTS.  INTERNATIONAL 
ACCORDS ON HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS TO 
WHICH THE CR HAS COMMITTED ITSELF ARE BINDING AND TAKE 
PRECEDENCE OVER NATIONAL LAW, AND THE 
POST-VELVET-REVOLUTION CHARTER OF FUNDAMENTAL RIGHTS AND 
FREEDOMS IS DEFINED AS PART OF THE "CONSTITUTIONAL ORDER 
OF THE CZECH REPUBLIC."  THE CONSTITUTION FORBIDS ANY 
CHANGES IN THE ESSENTIAL ATTRIBUTES OF THE CR AS A 
DEMOCRATIC STATE OF LAWS, AND FORBIDS THE INTERPRETATION 
OF LEGAL NORMS IN SUCH A WAY AS TO THREATEN THE 
FOUNDATIONS OF THE DEMOCRATIC STATE. 
 
4.  ALL STATE POWER DERIVES FROM THE PEOPLE, AND THE 
POWER OF THE STATE IS DEFINED AS SERVING ALL CITIZENS. 
THE POLITICAL SYSTEM IS BASED ON FREE COMPETITION OF 
POLITICAL PARTIES, WHICH MUST RESPECT FUNDAMENTAL 
DEMOCRATIC PRINCIPLES AND REJECT FORCE AS A MEANS OF 
ADVANCING THEIR INTERESTS.  WHILE THE WILL OF THE 
MAJORITY, EXPRESSED THROUGH THE FREE BALLOT, IS THE 
BASIS OF POLITICAL DECISIONS, THE CONSTITUTION STATES 
EXPLICITLY: "DECISIONS BY THE MAJORITY PROVIDE FOR THE 
PROTECTION OF MINORITIES." 
 
THE LEGISLATURE 
--------------- 
 
5.  THE CONSTITUTION PROVIDES FOR A BICAMERAL 
LEGISLATURE:  A 200-MEMBER CHAMBER OF DEPUTIES 
(SUCCESSOR TO THE CZECH NATIONAL COUNCIL) AND AN 
81-MEMBER SENATE.  THE CHAMBER OF DEPUTIES, BY FAR THE 
MORE POWERFUL OF THE TWO HOUSES OF PARLIAMENT, IS 
ELECTED EVERY FOUR YEARS, UNDER A SYSTEM OF PROPORTIONAL 
REPRESENTATION.  ELECTIONS TO THE SENATE WILL TAKE PLACE 
EVERY TWO YEARS, WITH ONE THIRD OF THE SEATS BEING 
FILLED EACH TIME.  (THE TERM FOR SENATORS IS SIX 
YEARS.)  SENATORS WILL BE ELECTED FROM SINGLE-MEMBER 
DISTRICTS.  WHILE DEPUTIES NEED ONLY BE TWENTY-ONE YEARS 
OLD, SENATORS MUST BE AT LEAST FORTY. 
 
6.  THOUGH SIMILAR IN THEIR ARRAY OF OFFICERS, COMMITTEE 
STRUCTURES, AND THE IMMUNITIES OF THEIR MEMBERS, THE TWO 
HOUSES OF PARLIAMENT HAVE SOME RATHER DIFFERENT 
FUNCTIONS.  THE GOVERNMENT IS RESPONSIBLE ONLY TO THE 
CHAMBER OF DEPUTIES, AND ONLY THE CHAMBER CAN APPROVE 
THE BUDGET AND THE FINAL YEAR-END ACCOUNTING.  ON THE 
OTHER HAND, THE PRESIDENT OF THE REPUBLIC CAN DISSOLVE 
THE CHAMBER OF DEPUTIES UNDER CAREFULLY DEFINED 
CONDITIONS OF LEGISLATIVE GRIDLOCK. (SEE PARA 13.)  WHEN 
THE CHAMBER OF DEPUTIES IS DISSOLVED, THE SENATE STEPS 
IN AND CAN APPROVE LEGISLATIVE MEASURES PROPOSED BY THE 
GOVERNMENT, OTHER THAN CONSTITUTIONAL LAWS, THE STATE 
BUDGET, ELECTION LAWS, OR INTERNATIONAL AGREEMENTS ON 
HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, WHICH HAVE THE 
FORCE OF CONSTITUTIONAL LAW.  (IN ORDER TO RETAIN ITS 
VALIDITY, HOWEVER, A MEASURE PASSED BY THE SENATE MUST 
BE CONFIRMED BY THE CHAMBER WHEN IT MEETS AGAIN.) 
 
7.  AGREEMENT BETWEEN THE CHAMBER OF DEPUTIES AND THE 
SENATE IS REQUIRED TO DECLARE WAR OR APPROVE THE 
STATIONING OF FOREIGN TROOPS ON CZECH SOIL.  (A SIMPLE 
MAJORITY OF ALL DEPUTIES AND ALL SENATORS IS REQUIRED.) 
CONSTITUTIONAL LAWS AND INTERNATIONAL AGREEMENTS REQUIRE 
3/5 OF ALL DEPUTIES AND 3/5 OF ALL SENATORS PRESENT FOR 
THE GIVEN VOTE.  REGULAR LAWS ONLY REQUIRE SIMPLE 
MAJORITIES OF ALL DEPUTIES OR SENATORS PRESENT FOR THE 
VOTE. 
 
8.  IN FACT, WHEN IT COMES TO REGULAR LAWS, THE CHAMBER 
OF DEPUTIES IS FIRMLY IN THE DRIVER'S SEAT.  ALL DRAFT 
LAWS ARE INTRODUCED IN THE CHAMBER.  IF THE CHAMBER 
APPROVES A LAW, IT PASSES IT TO THE SENATE.  IF THE 
SENATE REJECTS A LAW PASSED IN THE CHAMBER, THE LAW GOES 
INTO EFFECT IF THE CHAMBER APPROVES IT AGAIN BY A SIMPLE 
MAJORITY OF ALL DEPUTIES.  A SIMPLE MAJORITY OF ALL 
DEPUTIES IS ALSO SUFFICIENT TO OVERTURN A VETO BY THE 
PRESIDENT OF THE REPUBLIC. 
 
9.  WITH RESPECT TO THE CONSTITUTIONAL COURT, THE SENATE 
DOES HAVE RESPONSIBILITIES COMPLETELY DISTINCT FROM 
THOSE OF THE CHAMBER OF DEPUTIES.  THE SENATE MUST 
APPROVE THE PRESIDENT'S APPOINTEES TO THE CONSTITUTIONAL 
COURT, AND HAS THE POWER TO STRIP CONSTITUTIONAL COURT 
JUDGES OF THEIR IMMUNITY FROM PROSECUTION.  IT IS ALSO 
THE SENATE THAT HAS THE POWER TO INDICT THE PRESIDENT 
FOR TREASON, THE ONLY CRIME FOR WHICH THE PRESIDENT MAY 
BE CRIMINALLY PROSECUTED. 
 
THE PRESIDENT OF THE REPUBLIC 
----------------------------- 
 
10.  CHAPTER 3 OF THE CONSTITUTION DEFINES EXECUTIVE 
BRANCH POWERS.  THE PRESIDENT OF THE REPUBLIC (MINIMUM 
AGE 40) IS THE CHIEF OF STATE, ELECTED AT A JOINT 
SESSION OF THE TWO HOUSES OF PARLIAMENT FOR A FIVE-YEAR 
TERM.  (THE PRESIDENT MAY NOT SERVE MORE THAN TWO 
CONSECUTIVE TERMS.)  A SINGLE PRESIDENTIAL ELECTION CAN 
INCLUDE AS MANY AS THREE ROUNDS.  THE FIRST ROUND 
REQUIRES A SIMPLE MAJORITY OF ALL DEPUTIES AND A SIMPLE 
MAJORITY OF ALL SENATORS.  IN THE SECOND ROUND, A SIMPLE 
MAJORITY OF DEPUTIES PRESENT AND OF SENATORS PRESENT IS 
SUFFICIENT.  IN THE THIRD ROUND, A SIMPLE MAJORITY OF 
ALL DEPUTIES AND SENATORS, TAKEN AS A WHOLE, IS 
SUFFICIENT.  DESPITE ELECTION BY PARLIAMENT, HOWEVER, 
THE PRESIDENT IS NOT RESPONSIBLE TO PARLIAMENT FOR THE 
EXERCISE OF HIS OFFICE. 
 
11.  THE PRESIDENT'S EXCLUSIVE POWERS ARE AS FOLLOWS: 
 
-- APPOINTS, DISMISSES, AND ACCEPTS THE RESIGNATION OF 
THE PRIME MINISTER AND OTHER MEMBERS OF THE GOVERNMENT, 
AND EMPOWERS A GOVERNMENT THAT HAS RESIGNED OR BEEN 
DISMISSED TO EXERCISE ITS FUNCTIONS TEMPORARILY; 
 
-- APPOINTS JUDGES OF THE CONSTITUTIONAL COURT, THE 
CHAIRMAN AND DEPUTY CHAIRMAN OF THE SUPREME COURT, THE 
PRESIDENT AND VICE PRESIDENT OF THE SUPREME INSPECTION 
OFFICE, AND THE MEMBERS OF THE BANK COUNCIL OF THE CZECH 
NATIONAL BANK; 
 
--  CONVENES SESSIONS OF THE CHAMBER OF DEPUTIES OR 
DISSOLVES THE CHAMBER OF DEPUTIES UNDER SPECIFIED 
CONDITIONS; 
 
--  SIGNS LAWS, OR CAN RETURN TO PARLIAMENT LAWS IT HAS 
PASSED, WITH THE EXCEPTION OF CONSTITUTIONAL LAWS; 
 
--  ISSUES PARDONS, COMMUTES SENTENCES, ORDERS THAT 
CRIMINAL PROCEEDINGS NOT BE OPENED OR BE DISCONTINUED, 
ERASES CONVICTIONS. 
 
12.  THE PRESIDENT ALSO EXERCISES A NUMBER OF POWERS 
JOINTLY WITH THE PRIME MINISTER OR OTHER AUTHORIZED 
MINISTERS, IN THE SENSE THAT PRESIDENTIAL DECISIONS IN 
THESE AREAS REQUIRE THE SIGNATURE OF THE PRIME MINISTER 
OR OTHER GOVERNMENT REPRESENTATIVE TO TAKE EFFECT: 
 
--  REPRESENTS THE STATE IN EXTERNAL AFFAIRS, ACCREDITS 
AND RECALLS HEADS OF DIPLOMATIC MISSIONS, RECEIVES HEADS 
OF FOREIGN DIPLOMATIC MISSIONS; 
 
--  NEGOTIATES AND RATIFIES INTERNATIONAL AGREEMENTS, OR 
TRANSFERS SUCH RESPONSIBILITY TO THE GOVERNMENT; 
 
--  CALLS ELECTIONS TO THE CHAMBER OF DEPUTIES AND 
SENATE; 
 
--  SUPREME COMMAND OF THE ARMED FORCES, APPOINTMENT AND 
PROMOTION OF GENERALS; 
 
--  CONFERS STATE DECORATIONS; 
 
--  APPOINTS JUDGES; 
 
--  GRANTS AMNESTY. 
 
13.  THE PRESIDENT IS EMPOWERED TO DISSOLVE THE CHAMBER 
OF DEPUTIES, IF IT IS CLEARLY DEADLOCKED OR OTHERWISE 
INCAPABLE OF EXPRESSING ITSELF.  SPECIFICALLY, THE 
PRESIDENT MAY ACT WHEN THE CHAMBER OF DEPUTIES VOTES 
NO-CONFIDENCE IN A GOVERNMENT WHOSE PRIME MINISTER WAS 
NAMED BY THE PRESIDENT AT THE SUGGESTION OF THE CHAIRMAN 
OF THE CHAMBER OF DEPUTIES.  (NOTE: AFTER TWO FAILED 
ATTEMPTS TO WIN CONFIDENCE FOR A PRIME MINISTER OF HIS 
OWN CHOOSING, THE PRESIDENT IS REQUIRED TO NOMINATE A 
PRIME MINISTER PROPOSED BY THE CHAIRMAN OF THE CHAMBER 
OF DEPUTIES.)  DISSOLUTION ALSO IS POSSIBLE IF THE 
CHAMBER IS ADJOURNED FOR LONGER THAN PERMISSIBLE (120 
DAYS), HAS NO QUORUM FOR THREE MONTHS, OR FAILS FOR 
THREE MONTHS TO EXPRESS ITSELF ON A GOVERNMENT DRAFT LAW 
ON WHICH THE GOVERNMENT HAS PLACED THE QUESTION OF 
CONFIDENCE. 
 
14.  THE PRESIDENT HAS A LIMITED VETO POWER.  HE CAN 
RETURN UNSIGNED A LAW OTHER THAN A CONSTITUTIONAL LAW, 
PROVIDING THE CHAMBER OF DEPUTIES WITH AN EXPLANATION. 
THE CHAMBER OF DEPUTIES VOTES AGAIN ON THE LAW, WITH NO 
AMENDMENTS ALLOWED, AND A SIMPLE MAJORITY OF ALL 
DEPUTIES IS SUFFICIENT TO OVERTURN THE VETO. 
 
15.  WHEN THE OFFICE OF PRESIDENT OF THE REPUBLIC IS 
VACANT OR THE INCUMBENT CANNOT EXERCISE HIS OFFICE, THE 
CHAIRMAN OF THE CHAMBER OF DEPUTIES EXERCISES MOST OF 
THE FUNCTIONS IN PARA 11, MOST IMPORTANTLY THOSE HAVING 
TO DO WITH APPOINTING AND DISMISSING THE GOVERNMENT AND 
CONVENING OR DISSOLVING THE CHAMBER.  THE PRIME MINISTER 
EXERCISES MOST OF THE FUNCTIONS IN PARA 12, INCLUDING 
THE CONDUCT OF FOREIGN AFFAIRS AND COMMAND OF THE ARMED 
FORCES. 
 
THE GOVERNMENT 
-------------- 
 
16.  THE ARTICLES DEFINING THE POWERS OF THE GOVERNMENT 
ARE MUCH LESS DETAILED THAN THOSE ON PRESIDENTIAL 
POWERS.  THE GOVERNMENT IS RESPONSIBLE TO THE CHAMBER OF 
DEPUTIES, AND AUTOMATICALLY OFFERS ITS RESIGNATION AFTER 
THE CONSTITUENT SESSION OF A NEWLY-ELECTED CHAMBER OF 
DEPUTIES.  THE PRESIDENT OF THE REPUBLIC NAMES THE PRIME 
MINISTER, AND, AT HIS SUGGESTION, APPOINTS THE OTHER 
MEMBERS OF THE GOVERNMENT.  THE GOVERNMENT MAKES ITS 
DECISIONS AS A BODY, ON THE BASIS OF A VOTE BY A SIMPLE 
MAJORITY OF ALL MEMBERS. 
 
THE JUDICIARY 
-------------- 
 
17.  THE CONSTITUTION GUARANTEES THE INDEPENDENCE OF THE 
COURTS AND OF INDIVIDUAL JUDGES.  IT PROVIDES FOR A 
CONSTITUTIONAL COURT OF FIFTEEN JUDGES, APPOINTED FOR 
TEN-YEAR TERMS BY THE PRESIDENT WITH THE CONSENT OF THE 
SENATE.  THE JUDGES ARE BOUND ONLY BY CONSTITUTIONAL 
LAWS AND INTERNATIONAL AGREEMENTS, AND THEIR MAIN 
FUNCTION IS TO REVIEW LAWS AND OTHER LEGAL REGULATIONS 
TO ASCERTAIN WHETHER THEY ARE AT VARIANCE WITH 
CONSTITUTIONAL LAW OR A BINDING INTERNATIONAL 
AGREEMENT.  THEY ALSO RULE IN CASES WHERE STATE BODIES 
ARE ACCUSED OF UNCONSTITUTIONAL ACTS. 
 
18.  UNDER THE CONSTITUTION, THE PRIMARY ROLE OF THE 
COURTS IS TO PROTECT THE RIGHTS TO CITIZENS.  THE 
REGULAR JUDICIARY CONSISTS OF THE SUPREME COURT, THE 
SUPREME ADMINISTRATIVE COURT, HIGH, REGIONAL, AND 
DISTRICT COURTS.  THE PRESIDENT OF THE REPUBLIC APPOINTS 
JUDGES FOR AN UNLIMITED TERM.  THE CONSTITUTION DOES NOT 
SPECIFY IN WHICH CASES JUDGES MAKE THEIR DECISIONS AS A 
PANEL, IN WHICH CASES JUDGES MAKE THEIR DETERMINATIONS 
INDIVIDUALLY, AND HOW CITIZENS OTHER THAN JUDGES MAY 
PARTICIPATE IN COURT DELIBERATIONS.  THESE MATTERS ARE 
LEFT TO DEFINITION BY SUBSEQUENT LAWS.  THE CONSTITUTION 
GUARANTEES EQUALITY BEFORE THE LAW.  COURT RULINGS ARE 
ALWAYS ANNOUNCED IN PUBLIC, AND COURT PROCEEDINGS ARE AS 
A RULE PUBLIC.  EXCEPTIONS CAN BE SPECIFIED BY LAW.  THE 
CONSTITUTION ALSO REFERS TO A PUBLIC PROSECUTOR'S 
OFFICE, WHICH REPRESENTS THE PUBLIC IN CRIMINAL 
PROCEEDINGS, BUT DOES NOT DEFINE THE STATUS AND 
JURISDICTION OF THE OFFICE, LEAVING THAT TO SUBSEQUENT 
LAWS. 
 
OTHER INSTITUTIONS 
------------------ 
 
19.  THE CONSTITUTION ALSO PROVIDES FOR A SUPREME 
INSPECTION OFFICE, DEFINED AS AN INDEPENDENT BODY WHICH 
PERFORMS INSPECTIONS OF THE MANAGEMENT OF STATE PROPERTY 
AND FULFILLMENT OF THE STATE BUDGET.  THE PRESIDENT OF 
THE REPUBLIC, UPON PROPOSAL OF THE CHAMBER OF DEPUTIES, 
APPOINTS THE PRESIDENT AND VICE PRESIDENT OF THE SUPREME 
INSPECTION OFFICE.  THE CONSTITUTION DOES NOT, HOWEVER, 
FURTHER ADDRESS THE ORGANIZATION AND STRUCTURE OF THE 
OFFICE, LEAVING THAT TO SUBSEQUENT LAWS. 
 
20.  THE CZECH NATIONAL BANK, I.E. THE CENTRAL STATE 
BANK, RECEIVES SIMILAR TREATMENT.  THE CONSTITUTION 
DEFINES THE PRIMARY PURPOSE OF THE BANK AS THE 
MAINTENANCE OF A STABLE CURRENCY, AND STATES IT IS 
POSSIBLE TO INTERVENE IN THE BANK'S ACTIVITIES SOLELY ON 
THE BASIS OF LAW.  THE PRESIDENT APPOINTS THE MEMBERS OF 
THE BANK COUNCIL.  OTHER ASPECTS ARE LEFT TO BE 
DETERMINED BY SUBSEQUENT LAWS. 
 
TERRITORIAL SELF-ADMINISTRATION 
------------------------------- 
 
21.  THE MUNICIPALITY (OBEC) IS THE BASIC UNIT OF 
TERRITORIAL SELF-ADMINISTRATION, WITH LANDS (ZEME) OR 
REGIONS (KRAJE) AS HIGHER UNITS.  THE CONSTITUTION 
ITSELF DOES NOT LAY OUT THE SIZE AND BOUNDARIES OF THESE 
UNITS.  (NOTE: USE OF THE TERM "LAND" IS A SMALL 
CONCESSION TO MORAVIAN AND SILESIAN DESIRES FOR SOME 
RECOGNITION OF THE DISTINCT HISTORICAL STATUS OF THEIR 
AREAS.  IT IS CLEAR, HOWEVER, THAT, FOR THE DRAFTERS OF 
THE CONSTITUTION, THE "LANDS" TO ALL INTENTS AND 
PURPOSES WILL BE ANALOGOUS TO THE ALREADY EXISTING 
"REGIONS", RATHER THAN TO LARGER HISTORIC AREAS SUCH AS 
MORAVIA OR SILESIA.)  THE UNITS OF TERRITORIAL 
SELF-ADMINISTRATION ELECT THEIR OWN BOARDS OF 
REPRESENTATIVES FOR FOUR-YEAR TERMS, AND CAN OWN 
PROPERTY AND "ENGAGE IN MANAGEMENT ACCORDING TO THEIR 
OWN BUDGETS."  THE CONSTITUTION OTHERWISE LEAVES THE 
EXACT AUTHORITY OF THE BOARDS OF REPRESENTATIVES TO BE 
DEFINED BY SUBSEQUENT LAWS. 
 
TEMPORARY PROVISIONS AND ENTRY INTO FORCE 
----------------------------------------- 
 
22.  THE CONSTITUTION TAKES EFFECT JANUARY 1, 1993.  ON 
THAT DATE, THE CZECH NATIONAL COUNCIL, THE CURRENT 
REPUBLIC PARLIAMENT, WILL BECOME THE CHAMBER OF 
DEPUTIES, WITH ITS TERM TO END ON JUNE 6, 1996.  THE 
CONSTITUTION STATES THAT A PROVISIONAL SENATE WILL BE 
CONSTITUTED TO COVER THE PERIOD UNTIL REGULAR SENATE 
ELECTIONS ARE HELD.  UNTIL A PROVISIONAL SENATE IS IN 
PLACE, THE CHAMBER OF DEPUTIES WILL PERFORM THE 
FUNCTIONS OF THE SENATE.  (NOTE: A LAW TRANSFORMING THE 
CZECH DEPUTIES FROM THE FEDERAL ASSEMBLY INTO A 
PROVISIONAL SENATE FAILED TO PASS THE CZECH NATIONAL 
COUNCIL.  A SOMEWHAT MODIFIED VERSION OF THE LAW WILL 
COME UP AGAIN, BUT PERHAPS NOT UNTIL MID-JANUARY.) 
 
EMBASSY COMMENT 
--------------- 
 
23.  IN ITS FUNDAMENTAL PROVISIONS, THE CZECH 
CONSTITUTION CLEARLY REFLECTS THE "CIVIC PRINCIPLE" 
CENTRAL TO THE IDEOLOGY OF THE CZECH GOVERNING COALITION 
PARTIES, ESP. THE CIVIC DEMOCRATIC PARTY (ODS) AND THE 
CIVIC DEMOCRATIC ALLIANCE (ODA). .THE RIGHTS SPECIFIED 
IN THE CONSTITUTION ARE THE RIGHTS OF CITIZENS OF A 
POLITICAL DEMOCRACY AND THE RIGHTS THOSE CITIZENS DERIVE 
FROM THEIR BASIC HUMANITY.  THE GOVERNING COALITION 
SUCCESSFULLY RESISTED OPPOSITION EFFORTS TO INCLUDE THE 
CZECHOSLOVAK CHARTER OF BASIC HUMAN RIGHTS AND FREEDOMS 
DIRECTLY IN THE CONSTITUTION, PUTTING THE CHARTER 
IMPLICITLY ON A SOMEWHAT LOWER LEVEL AS PART OF THE CR'S 
"CONSTITUTIONAL ORDER."  THE CHARTER INCLUDES SOCIAL AND 
ECONOMIC GUARANTEES, E.G. TO EMPLOYMENT AND PENSIONS, 
VERY DIFFERENT FROM THE BASIC CIVIL AND HUMAN RIGHTS THE 
GOVERNING PARTIES FOCUS ON.  IT IS ALSO SIGNIFICANT THAT 
THE CONSTITUTION GUARANTEES THE EQUALITY OF CITIZENS AS 
INDIVIDUALS, WITHOUT SPECIFIC REFERENCE TO RIGHTS OF 
GROUPS SUCH AS NATIONAL OR ETHNIC MINORITIES.  THE 
INDIVIDUAL RIGHTS THAT THE CONSTITUTION DOES GUARANTEE 
ARE GUARANTEED UNEQUIVOCALLY, WITH NO ROOM FOR 
EXCEPTION, AND PROTECTED BY THE CONSTITUTIONAL COURT AND 
REGULAR JUDICIARY.  THE CITIZEN HAS AMPLE RECOURSE 
AGAINST VIOLATIONS OF HIS RIGHTS BY THE INSTRUMENTS OF 
STATE POWER. 
 
24.  THE CZECH CONSTITUTION IS FULLY COMPARABLE TO THE 
CONSTITUTIONS OF CONTINENTAL WEST EUROPEAN PARLIAMENTARY 
DEMOCRACIES, AND THE INFLUENCE OF THE 1920 CONSTITUTION 
OF DEMOCRATIC CZECHOSLOVAKIA IS EVIDENT.  THE POWERS OF 
THE PRESIDENT MAY BE SLIGHTLY GREATER THAN THE CURRENT 
WEST EUROPEAN AVERAGE, REFLECTING BOTH THE TRADITION OF 
FIRST REPUBLIC CZECHOSLOVAKIA AND THE EFFORTS OF VACLAV 
HAVEL TO ENSURE THAT THE OFFICE HE HOPES TO HOLD WILL BE 
GENUINELY SUBSTANTIVE.  (CZECH PRIME MINISTER KLAUS, A 
STRONG ADVOCATE OF THE PARTY-BASED PARLIAMENTARY SYSTEM 
OF GOVERNMENT, WOULD HAVE PREFERRED A SOMEWHAT WEAKER 
PRESIDENCY, BUT HAS LITTLE REASON TO BE DISSATISFIED.) 
 
25.  THE ONLY VISIBLE CONCESSION TO THE DEMANDS OF THE 
MORAVIAN AND SILESIAN AUTONOMISTS WAS THE OPPORTUNITY TO 
USE THE TERM "LAND" (ZEME) FOR THE HIGHER UNITS OF 
TERRITORIAL SELF-ADMINISTRATION, AND THE RIGHT FOR THE 
BOARDS OF REPRESENTATIVES OF THOSE HIGHER UNITS TO 
PROPOSE LEGISLATION TO THE CHAMBER OF DEPUTIES.  THIS 
FALLS FAR SHORT OF WHAT THE MORAVIANS HOPED FOR. 
CONCESSIONS TO THE GREENS WERE SIMILARLY MODEST. 
ARTICLE 7 ONLY REQUIRES THE STATE TO "SEE TO THE 
CAUTIOUS USE OF NATURAL RESOURCES AND TO THE PROTECTION 
OF NATURAL WEALTH."  THE CONSTITUTION STATES THAT A 
SUBSEQUENT CONSTITUTIONAL LAW CAN ESTABLISH WHEN THE 
PEOPLE MAY EXERCISE STATE POWER DIRECTLY, I.E. BY MEANS 
OF A REFERENDUM, BUT THIS DOES NOT GO NEARLY AS FAR AS 
THE DEMOCRATIC LEFT OPPOSITION HAD HOPED. 
 
26.  IN SUM, THE CZECH GOVERNING PARTIES HAVE REASON TO 
BE QUITE SATISFIED WITH THE CONSTITUTION.  THE SAME 
SHOULD BE TRUE FOR THE WESTERN DEMOCRACIES.  THE 
CONSTITUTION APPEARS TO US TO INCLUDE ALL THE NECESSARY 
GUARANTEES OF POLITICAL DEMOCRACY AND OF CIVIL AND HUMAN 
RIGHTS.  ALSO, WHILE THE CONSTITUTION DOES NOT REFER 
SPECIFICALLY TO ECONOMIC MATTERS, IT IS CLEARLY THE 
PRODUCT OF PEOPLE WHO ARE DEVOTED TO FREE-MARKET 
PRINCIPLES AND DO NOT WANT TO CONDITION PEOPLE'S 
ECONOMIC BEHAVIOR AND LIMIT OPPORTUNITIES BY 
CONSTITUTIONAL MEANS. 
 
BASORA