President of the Czech Republic
Encyclopedia
The President of the Czech Republic is the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...

 of the Czech Republic
Czech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....

. Unlike his counterparts in Austria
President of Austria
The President of Austria is the federal head of state of Austria. Though theoretically entrusted with great power by the constitution, in practice the President acts, for the most part, merely as a ceremonial figurehead...

 and Hungary, who are generally considered figurehead
Figurehead
A figurehead is a carved wooden decoration found at the prow of ships largely made between the 16th and 19th century.-History:Although earlier ships had often had some form of bow ornamentation A figurehead is a carved wooden decoration found at the prow of ships largely made between the 16th and...

s, the Czech President has a considerable role in political affairs. Because many of his powers can only be exercised with the signatures of both himself and the Prime Minister of the Czech Republic, responsibility over some political issues is effectively shared between the two offices.

Powers

The framers of the Constitution of the Czech Republic
Constitution of the Czech Republic
The current Constitution of the Czech Republic was adopted on December 16, 1992. It replaced the constitution of Czechoslovakia , which split into the Slovak Republic and the Czech Republic by act of parliament on January 1, 1993, through the so-called Velvet Divorce.The document is organized into...

 intended to set up a parliamentary system, with the prime minister as the country's leading political figure and de facto chief executive and the president as a ceremonial head of state. However, the stature of the first president, Vaclav Havel
Václav Havel
Václav Havel is a Czech playwright, essayist, poet, dissident and politician. He was the tenth and last President of Czechoslovakia and the first President of the Czech Republic . He has written over twenty plays and numerous non-fiction works, translated internationally...

, was such that the office acquired greater influence than the framers intended.

Absolute authority

The President of the Czech Republic has the authority to act independently in a number of substantive areas. One of his strongest powers is that of the veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...

, by which he can return a bill back to parliament. Although his veto may be overridden by parliament, his ability to refuse to sign legislation acts as a check on the power of the legislature. The only kind of bills a president can neither veto nor approve are acts which would change the constitution
Constitutional act of the Czech Republic
A constitutional act, with respect to the laws of the Czech Republic, is an act which can change the Constitution of the Czech Republic, provisions of the Charter of Fundamental Rights and Basic Freedoms, the conditions under which the citizenry may exercise state power directly, or the exterior or...

.

The president also has the leading role in the appointment of persons to key high offices. He alone may appoint judges to the Supreme
Supreme Court of the Czech Republic
The Supreme Court of the Czech Republic is the court of highest appeal for almost all legal cases heard in the Czech Republic. As set forth in the Constitution of the Czech Republic, however, cases of constitutionality, administrative law and political jurisdiction are heard by other courts...

 and Constitutional Courts
Constitutional Court of the Czech Republic
The Constitutional Court of the Czech Republic is a specialized type of court which primarily works to protect the people of the Czech Republic against violations of the constitution. In this respect, it is similar in functionality to the US Supreme Court, but is distinct from the Supreme Court of...

, and members of the Bank Board of the Czech National Bank
Czech National Bank
The Czech National Bank is the central bank and financial market supervisor in the Czech Republic with its headquarters in Prague. The Bank's governor is Miroslav Singer. In accordance with its primary objective, the ČNB sets monetary policy, issues banknotes and coins and manages the circulation...

.

Limited sole authority

There are some powers which are reserved to the President, but which he can exercise only under limited circumstances. Chief amongst these is the dissolution of the Chamber of Deputies
Chamber of Deputies of the Czech Republic
The Chamber of Deputies of the Parliament of the Czech Republic is the lower house of the bicameral Parliament of the Czech Republic. The seat of the Chamber of Deputies is situated in palaces in Malá Strana, Prague....

. While the president can dissolve the Chamber on his own authority, forcing a new election of that body within 60 days, he can only do so under conditions prescribed by the constitution.

Duties shared

Many of the president's powers can only be exercised with the assent of the Government, as expressed by the signature of the Prime Minister. These include all matters having to do with foreign relations
Foreign policy
A country's foreign policy, also called the foreign relations policy, consists of self-interest strategies chosen by the state to safeguard its national interests and to achieve its goals within international relations milieu. The approaches are strategically employed to interact with other countries...

 and the use of the military, the appointment of judges to lower courts, and the granting of amnesty. Except when the Chamber of Deputies has been dissolved because of its failure to form or maintain a functioning government, the president may call for elections to the Chamber and the Senate only with the Prime Minister's approval.

The president also shares responsibility with the Chamber of Deputies for appointing the President and Vice President of the Supreme Control Office
Supreme Control Office of the Czech Republic
The Supreme Control Office of the Czech Republic alternately known in English as the Supreme Audit Office of the Czech Republic is a "unique, independent constitutional entity to supervise the management of the state property and the state budget."...

the body in charge of implementing the national budget although this appointment does not technically require the signature of the Prime Minister.

Immunity from prosecution

Under Art. 54 (3) and 65 (3) of the constitution, the president may not be held liable for any alleged criminal acts while executing the duties of his office. Such prosecution may not occur either while the president is in office or at any time thereafter. Furthermore, Art 65 (1) prevents his trial or detention for prosecution of a criminal offense or tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...

 while in office. The only sort of prosecution allowed for a sitting president is that of high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...

, which can only be carried out by the Senate
Senate of the Czech Republic
The Senate of the Parliament of the Czech Republic , usually referred to as Senát, is the upper chamber of the Parliament of the Czech Republic...

, and can only result in his loss of office and his inability to regain the office at a later date.

Ceremonial powers

Many of the duties of the Czech president can be said to be ceremonial to one degree or another, especially since he or she has relatively few powers independent of the will of the Prime Minister. A good example of this is his status as commander in chief of the military. No part of his duties there can take place but through the assent of the Prime Minister. In matters of war, he is in every sense merely a figurehead, since the constitution gives all substantive constitutional authority over the use of the armed forces to the parliament. In fact, the only specific thing the constitution allows the president to do with respect to the military is to appoint its generals but even this must be done with the signature of the Prime Minister.

Many of the president's ceremonial duties fall under provisions of the constitution which allow him or her to exercise powers "not explicitly defined" in the constitution, but allowed by a lesser law. In other words, parliament has the power to allow the president whatever responsibilities they deem proper, without necessarily having to amend the constitution. Such a law was passed in 1994 with respect to the awarding of state decorations. While the constitution explicitly allows the conferring of honors and awarding of medals by the president only with the signature of the Prime Minister, parliament acted in 1994 to grant the president power to do so on his own authority. Hence, this particular duty is effectively shared between the parliament and the president. The act even allows the president to allow a person of his choosing to perform the actual presentation ceremony.

Election

The office of president is filled following an indirect election
Indirect election
Indirect election is a process in which voters in an election don't actually choose between candidates for an office but rather elect persons who will then make the choice. It is one of the oldest form of elections and is still used today for many upper houses and presidents...

 by the Parliament of the Czech Republic
Parliament of the Czech Republic
The Parliament of the Czech Republic is the legislative body of the Czech Republic, based in Prague. It consists of two chambers, both elected in direct elections:* the Lower House: Chamber of Deputies of the Parliament of the Czech Republic...

.

Terms and limits

The term of office of the president is 5 years. Candidates standing for office must be 40 years of age, and must not have already been elected twice consecutively. Since the only term limit
Term limit
A term limit is a legal restriction that limits the number of terms a person may serve in a particular elected office. When term limits are found in presidential and semi-presidential systems they act as a method to curb the potential for monopoly, where a leader effectively becomes "president for...

 is that no person can be elected more than twice consecutively, a person may theoretically achieve the presidency more than twice.

The presidential election must occur within the last 30 days of the president's term of office. However, since the constitution does not specify a date for presidential elections, and instead merely claims that a term begins the day a successful candidate takes the oath of office, the death, resignation, or removal of a president would begin an entirely new 5-year term. Another event that can change the date on which a term begins is the failure of the legislature
Parliament of the Czech Republic
The Parliament of the Czech Republic is the legislative body of the Czech Republic, based in Prague. It consists of two chambers, both elected in direct elections:* the Lower House: Chamber of Deputies of the Parliament of the Czech Republic...

 to elect a new president prior to the expiry of the previous term. , such failure is the only reason that the Czech presidential term has begun on a different day. In 2003, the start of the new term was moved from February to March, while the Parliament went through three rounds of balloting. Such variability in the date on which a term starts contrasts with, for example, the President of the United States, where the vacancy of the presidency would merely allow a successor to finish out his predecessor's term.

The constitution makes specific allowances for the failure of a new president to be elected. If a new President has not been elected by the end of a President's term, or if 30 days elapse following a vacancy, some powers are moved to prime minister, some are moved to the chairman of the Chamber of Deputies
Chamber of Deputies of the Czech Republic
The Chamber of Deputies of the Parliament of the Czech Republic is the lower house of the bicameral Parliament of the Czech Republic. The seat of the Chamber of Deputies is situated in palaces in Malá Strana, Prague....

, or to the chairman of the Senate
Senate of the Czech Republic
The Senate of the Parliament of the Czech Republic , usually referred to as Senát, is the upper chamber of the Parliament of the Czech Republic...

, if parliament is in a state of dissolution at the time of the vacancy.

Electoral procedure

Under Article 58 of the current Czech Constitution
Constitution of the Czech Republic
The current Constitution of the Czech Republic was adopted on December 16, 1992. It replaced the constitution of Czechoslovakia , which split into the Slovak Republic and the Czech Republic by act of parliament on January 1, 1993, through the so-called Velvet Divorce.The document is organized into...

, nominees to the office must be put forward by no fewer than 10 Deputies or 10 Senators. Once nominees are in place, a ballot can begin. Each ballot can have at most three rounds. In the first round, a victorious candidate requires an absolute majority in both the Chamber of Deputies
Chamber of Deputies of the Czech Republic
The Chamber of Deputies of the Parliament of the Czech Republic is the lower house of the bicameral Parliament of the Czech Republic. The seat of the Chamber of Deputies is situated in palaces in Malá Strana, Prague....

 and the Senate
Senate of the Czech Republic
The Senate of the Parliament of the Czech Republic , usually referred to as Senát, is the upper chamber of the Parliament of the Czech Republic...

. Given a 200-seat Chamber and an 81-seat Senate, a successful first round candidate requires 101 deputies and 41 senators.

If no single candidate gets a majority of both the Chamber and the Senate, a second round is then called for. At this stage, a candidate requires an absolute majority of merely those actually present at the time of voting in both the Chamber of Deputies and the Senate. The actual number of votes required in the second round might be the same as in the first round, but as in 2008, it can be a little less, due to the absence of a few parliamentarians. Nevertheless, in this second round, a single candidate would need to win a majority in both the Chamber and the Senate.

Should no single candidate achieve a majority of both houses then present, a third round is necessitated. In this final round, which can happen within 14 days of the first round, an absolute majority of deputies and senators present suffices. At this stage, the individual houses of parliament are not considered separately. Assuming that all members of parliament are present, all that is requried to win is 141 votes, regardless of the house of origin. If no candidate wins in the third round, another ballot has to be considered in a subsequent joint session of parliament. The process continues under the same rules until a candidate prevails.

In 1993, the Republic's first president, Václav Havel
Václav Havel
Václav Havel is a Czech playwright, essayist, poet, dissident and politician. He was the tenth and last President of Czechoslovakia and the first President of the Czech Republic . He has written over twenty plays and numerous non-fiction works, translated internationally...

, had little difficulty achieving victory on the first round of the first ballot, but his re-election bid proved bumpier. In 1998, he inched past the post with a cumulative seven-vote margin on the second round of the first ballot. By contrast, his successor, Václav Klaus
Václav Klaus
Václav Klaus is the second President of the Czech Republic and a former Prime Minister .An economist, he is co-founder of the Civic Democratic Party, the Czech Republic's largest center-right political party. Klaus is a eurosceptic, but he reluctantly endorsed the Lisbon treaty as president of...

, has required the full measure of the process. He narrowly won election on the third ballot in 2003 and on the sixth (second attempt, third ballot) in 2008. Both his elections were won in the third round. His biggest margin of victory was two votes.

Dissatisfaction with procedure

Following the 2003 and 2008 elections, which both required multiple ballots, some in the Czech political community have expressed dissatisfaction with this method of election. In 2008, Martin Bursík
Martin Bursík
Martin Bursík is a Czech politician. Bursík has twice served as Minister of Environment and is also former chairman of the Green Party.- Early life and education :...

, leader of the Czech Green Party
Green Party (Czech Republic)
The Green Party is a political party in the Czech Republic.The party was founded in February 1990 but for a long time it struggled to obtain significant influence in Czech politics. In the 2002 legislative election the party received 2.4% of the vote...

, said of the 2008 vote, "We are sitting here in front of the public somewhat muddied by backstage horse-trading, poorly concealed meetings with lobbyists and intrigue." Calls have been made to reform the system into a direct election
Direct election
Direct election is a term describing a system of choosing political officeholders in which the voters directly cast ballots for the person, persons or political party that they desire to see elected. The method by which the winner or winners of a direct election are chosen depends upon the...

, whereby the people of the Republic might be involved in the voting. However, others have pointed to the fact that the presidency has always been claimed by indirect vote, stretching back through several predecessor states to the presidency of Tomáš Masaryk
Tomáš Masaryk
Tomáš Garrigue Masaryk , sometimes called Thomas Masaryk in English, was an Austro-Hungarian and Czechoslovak politician, sociologist and philosopher, who as an eager advocate of Czechoslovak independence during World War I became the founder and first President of Czechoslovakia, also was...

. Charles University political scientist Zdeněk Zbořil, for instance, intimated that direct voting could result in a president and prime minister who were hostile to each other's goals, leading to bitter deadlock. Despite the enthusiasm shown by prominent leaders like Jiří Čunek
Jirí Cunek
Jiří Čunek is a Czech politician who was chairman of the Christian and Democratic Union - Czechoslovak People's Party from December 2006 to May 2009...

 (Christian and Democratic Union – Czechoslovak People's Party) and Jiří Paroubek
Jirí Paroubek
Jiří Paroubek is a Czech politician, who served as the Prime Minister of the Czech Republic from 25 April 2005 to 16 August 2006. He was also Chairman of the Czech Social Democratic Party , but resigned from his position immediately after the result of the 2010 Legislative Election was announced...

 (Czech Social Democratic Party
Czech Social Democratic Party
The Czech Social Democratic Party is a social-democratic political party in the Czech Republic.-History:The Social Democratic Czechoslavonic party in Austria was founded on 7 April 1878 in Austria-Hungary representing the Kingdom of Bohemia in the Austrian parliament...

), the ruling Civic Democratic Party under both President Václav Klaus
Václav Klaus
Václav Klaus is the second President of the Czech Republic and a former Prime Minister .An economist, he is co-founder of the Civic Democratic Party, the Czech Republic's largest center-right political party. Klaus is a eurosceptic, but he reluctantly endorsed the Lisbon treaty as president of...

 and Prime Minister Mirek Topolánek
Mirek Topolánek
Mirek Topolánek is a former prime minister of the Czech Republic and former President of the European Council. A member of the Civic Democratic Party, he was chairman of the center-right party between November 2002 and March 2010, succeeding Václav Klaus, who was elected President in 2003.On 24...

 is more skeptical. As Topolánek has said, "I definitely consider it a benefit that our presidential elections are not preceded by some campaign that is unavoidable in a direct election and causes rifts among citizens. We recently saw this in Poland, where the presidential elections immediately followed the parliamentary ones. When someone talks about how our method of selecting the head of state is undignified, he should first weigh the consequences of a direct vote.”

Removal from office

Aside from death, there are only three things which can effect a president's removal from office:
  1. A president can resign by notifying the Speaker of the Chamber of Deputies.
  2. He or she may be deemed unable to execute his duties for "serious reasons" by a joint resolution of the Senate and the Chamber although the president may appeal to the Constitutional Court
    Constitutional Court of the Czech Republic
    The Constitutional Court of the Czech Republic is a specialized type of court which primarily works to protect the people of the Czech Republic against violations of the constitution. In this respect, it is similar in functionality to the US Supreme Court, but is distinct from the Supreme Court of...

     have this resolution overturned.
  3. He or she may be impeached by the Senate for high treason, and convicted by the Constitutional Court.

Heraldry

The office of president carries with it an iconography
Iconography
Iconography is the branch of art history which studies the identification, description, and the interpretation of the content of images. The word iconography literally means "image writing", and comes from the Greek "image" and "to write". A secondary meaning is the painting of icons in the...

, established through laws passed by the parliament. Perhaps the most visible of these is the flag of the president, as seen at top right. His official motto is the same as that of the Republic: "Pravda vítězí" ("Truth prevails").

Inasmuch as the president is the titular sole administrator of Prague Castle
Prague Castle
Prague Castle is a castle in Prague where the Kings of Bohemia, Holy Roman Emperors and presidents of Czechoslovakia and the Czech Republic have had their offices. The Czech Crown Jewels are kept here...

, the presidency may also be said to control the heraldry
Heraldry
Heraldry is the profession, study, or art of creating, granting, and blazoning arms and ruling on questions of rank or protocol, as exercised by an officer of arms. Heraldry comes from Anglo-Norman herald, from the Germanic compound harja-waldaz, "army commander"...

 of that institution as well, including but not limited to the special designs worn by the Castle Guard, which is a special unit of the armed forces of the Czech Republic
Military of the Czech Republic
The Army of the Czech Republic comprise the land forces, the Czech Air Force and support units. From the late 1940s to 1989, the extensive Czechoslovak Armed Forces formed one of the pillars of the Warsaw Pact military alliance...

, organized under the Military Office of the President of the Czech Republic, directly subordinate to the President.

Furthermore, the president, whilst in office, is entitled to wear the effects of the highest class of the Republic's two ceremonial orders
Order (decoration)
An order or order of merit is a visible honour, awarded by a government, dynastic house or international organization to an individual, usually in recognition of distinguished service to a nation or to humanity. The distinction between orders and decorations is somewhat vague, except that most...

, the Order of the White Lion
Order of the White Lion
The Order of the White Lion is the highest order of the Czech Republic. It continues a Czechoslovak order of the same name created in 1922 as an award for foreigners....

 and the Order of Tomáš Garrigue Masaryk. Along with the right to wear these decorations, the president is deemed to be in charge of the affairs of these orders.

Residences

The official residence of the President of the Czech Republic is Prague Castle
Prague Castle
Prague Castle is a castle in Prague where the Kings of Bohemia, Holy Roman Emperors and presidents of Czechoslovakia and the Czech Republic have had their offices. The Czech Crown Jewels are kept here...

. However, the living quarters are small and not particularly comfortable, so recent Presidents (Václav Havel
Václav Havel
Václav Havel is a Czech playwright, essayist, poet, dissident and politician. He was the tenth and last President of Czechoslovakia and the first President of the Czech Republic . He has written over twenty plays and numerous non-fiction works, translated internationally...

 and Václav Klaus
Václav Klaus
Václav Klaus is the second President of the Czech Republic and a former Prime Minister .An economist, he is co-founder of the Civic Democratic Party, the Czech Republic's largest center-right political party. Klaus is a eurosceptic, but he reluctantly endorsed the Lisbon treaty as president of...

) have chosen to, in reality, live elsewhere. The last President to reside more or less full time in the residence in the Prague Castle was Gustáv Husák
Gustáv Husák
Gustáv Husák was a Slovak politician, president of Czechoslovakia and a long-term Communist leader of Czechoslovakia and of the Communist Party of Czechoslovakia...

. The President also maintains a summer residence at the castle in the village of Lány, 35 km west of Prague
Prague
Prague is the capital and largest city of the Czech Republic. Situated in the north-west of the country on the Vltava river, the city is home to about 1.3 million people, while its metropolitan area is estimated to have a population of over 2.3 million...

.

List of presidents of the Czech Republic

See also


External links

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