Breadcrumbs

143/1968 Coll

The National Assembly of the Czechoslovak Socialist Republic has decided to establish the following Constitutional Law:

We, the Czech and the Slovak nations, advancing from the ascertainment that our contemporary history is leavened by the bilateral will to live in a common state,

appreciating the fact that fifty years of our life in a common state has deepened and strengthened our centuries-old bonds of friendship, enabled the development of our nations and the realization of their progressive, democratic, and socialist ideals, and trustworthily evidenced their existential interest to live in a common state but at the same time has shown that it is necessary to build our common relationship on new and more righteous foundations,

acknowledging the indefeasibleness of the right of self-determination as far as separation, and respecting the sovereignty of each nation and its right freely to create for itself the way and form of its national and state life,

convinced that a voluntary federative state connection is an adequate assertion of the right of self-determination and equality before the law, but likewise that it is the best warranty for our full internal, national development and for the protection of our national identity and sovereignty,

resolved to create, in the strain of the humanist ideals of socialism and proletarian internationalism, in the common federative state the conditions for an all-round development and prosperity of citizens, and to guarantee to them equal, democratic rights and freedoms regardless of their nationality,

represented by their delegates in the Czech National Council and in the Slovak National Council, we have agreed on the creation of the Czechoslovak federation.

Chapter one

Basic Provisions

Art. 1

(1) The Czechoslovak Socialist Republic is a federative state of two coequal fraternal nations: the Czechs and the Slovaks.

(2) The Czechoslovak Socialist 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 Czechoslovak Socialist Republic consists of the Czech Socialist Republic and the Slovak Socialist Republic. Both Republics have an equal position within the Czechoslovak Socialist Republic.

(5) Both Republics mutually respect their sovereignty, as well as the sovereignty of the Czechoslovak Socialist Republic; the Czechoslovak Socialist Republic likewise respects the sovereignty of the two national states.

Art. 2

(1) The Czechoslovak Socialist Republic, as well as the Czech Socialist Republic and the Slovak Socialist Republic are built on the principles of socialist democracy. Their political system is the same in essential matters.

(2) State power is exercised by the working people through their representative bodies which are: the Federal Assembly, the Czech National Council, the Slovak National Council, and National Committees.

(3) The political rights of individuals and the guarantees of their assertion are the same throughout the Czechoslovak Socialist Republic.

Art. 3

(1) The territory of the Czechoslovak Socialist Republic consists of the territory of the Czech Socialist Republic and the territory of the Slovak Socialist Republic.

(2) The borders of the Czechoslovak Socialist Republic and the borders of the Czech Socialist Republic and the Slovak Socialist 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 Czechoslovak Socialist Republic is the integration of two national economies, the Czech and the Slovak one. It develops on the basis of the socialist economic system

(2) The Czech and Slovak nations are economically distinct. The Czech Socialist Republic, and the Slovak Socialist Republic administer the social product they created except the part they entrusted to the Czechoslovak Socialist Republic to secure common needs and interests. The economy in the Czechoslovak Socialist Republic develops in mutual cooperation and with the assistance of both nations.

(3) The economy in the Czechoslovak Socialist Republic systematically develops within the uniform socialist market based on a single currency, on the free movement of labour, on the free movement of monetary funds, on the unified system of management and on uniform principles of economic policy.

(4) The task of the federal organs is first and foremost to ensure the optimum trends of economic development, to influence the relations which arise in the distribution of the social product and the national income, to develop economic relations with foreign countries, to create uniform conditions for the operation of the economic system and development of economic democracy and to support progressive forms of integration of enterprises within both republics. A significant task of the Czechoslovak Socialist Republic is to level the economic and social differences which exist between the Czech Socialist Republic and the Slovak Socialist Republic, in particular by shaping equal conditions and opportunities for the creation and use of the national income.

Art. 5

(1) A citizen of each of the two republics is also a citizen of the Czechoslovak Socialist 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 this republic.

(3) The principles of acquisition and the loss of state citizenship are 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 Czechoslovak Socialist 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

Art. 7

(1) To the Czechoslovak Socialist Republic belongs the exclusive jurisdiction over:

a) foreign policy, conclusion of international agreements, representing the Czechoslovak Socialist Republic in international relations, and deciding in matters of war and peace;

b) national defence;

c) federal material reserves;

d) federal legislation and administration within the scope of the federal jurisdiction and control of the federal organs;

e) protection of federal constitutionality.

(2) Within the areas specified in section 1, the legislative and executive organs of state power, the organs of state administration, and the judicial organs of the Czechoslovak Socialist Republic have exclusive jurisdiction.

Art. 8

(1) To the Czechoslovak Socialist Republic and the two Republics belongs joint jurisdiction over:

a) planning;

b) finance;

c) issuing activity;

d) prices;

e) economic relations with foreign countries;

f) industry;

g) agriculture and food-supply;

h) transport;

ch) post and telecommunications;

i) development of science and technology;

j) labour, wages, and social policy;

k) social economic information;

l) legal regulation of socialist enterprises;

m) standardization, matters relating to measures and weights, industrial rights;

n) internal order and security of the state;

o) matters regarding the press and other means of information;

(2) In the areas specified in section 1, organs of the Czechoslovak Socialist Republic have jurisdiction in the exhaustively enumerated matters, and in other matters jurisdiction belongs to the organs of the Czech Socialist Republic and the Slovak Socialist Republic.

Art. 9

Matters which have not, been specifically entrusted to the jurisdiction of the Czechoslovak Socialist Republic are under the exclusive jurisdiction of the Czech Socialist Republic and the Slovak Socialist Republic.

Art. 10

(1) The Czechoslovak economy is, in accordance with the socialist economic system, a planned economy.

(2) The national economic plans are:

a) the plan for the development of the national economy the Czechoslovak Socialist Republic (the federal plan);

b) the plans for the development of the national economies of the Czech Socialist Republic and the Slovak Socialist Republic (plans of republics).

(3) Medium-term national economic planes are promulgated by a Law. The Law on the federal plan is adopted by the Federal Assembly, the plan of the republic is adopted by the national council.

(4) The system of national economic plans, structure and principles of the federation plans are governed by the law of the Federal Assembly.

(5) Draft bills of federal plans and plans of republics are drawn up simultaneously and on cooperative basis by the Federal planning organs and the planning organs of the Republics according to the directives issued by the respective Governments.

Art. 11

(1) Financial operations of the Czechoslovak Socialist Republic are governed by the Federal State Budget. Financial operations of each Republic are governed by its own State Budget. The Federal State Budget is approved by the Federal Assembly, and the State Budgets of the Republics are approved by the National Councils by their own Laws, each time for a period of one year.

(2) 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 financial relations with the budgets of the National Committees.

(3) The revenue of the Federal Budget consists of exhaustively listed taxes, portions of these, and other receipts mentioned by a Law of the Federal Assembly, as well as receipts from the activities of federal agencies and their subordinate organizations.

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

a) expenditures for the national defence, the activities of federal organs, the creation of federal material reserves, and allocations to federal organizations;

b) allocations and subsidies for selected actions, insofar as their and importance for the entire Federation so require, as well allocations and subsidies for leveling the economic differences between the Czech Socialist Republic and the Slovak Socialist Republic;

c) allocations and subsidies to the State Budgets of both Republics for the further development of the national economies;

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

(5) The manner of securing the revenue of the Federal State Budget, the relations between the Federal State Budget and the two State Budgets of the Republics, as well as the principles of financial operations are established by a Law of the Federal Assembly.

(6) The Czechoslovak Socialist Republic and each constituent Republic may create their own funds for special purposes tied to their State Budgets; these funds are established by a Law.

(7) The Czechoslovak Socialist Republic determines the general principles of allocation policy.

Art. 12

(1) Taxes and duties may be levied only by virtue of a Law.

(2) The tax laws of the Federal Assembly establish principles for the tax laws of the national councils to this extent:

a) for taxes, which decisively influence market conditions, i. e. turnover tax (other excise taxes), basic taxes (levies) of enterprises, banking institutions and insurance companies, tax on wages, the law of the Federal Assembly establishes the tax system, tax base, minimal rates and the extent to which the organs of both republics may provide benefits and discounts.

b) for agricultural and road taxes (or other taxes of this kind) the law of the Federal Assembly establishes, who is a taxpayer, tax base, as well as the main principles of taxation.

(3) The principles established by the laws of the Federal Assembly shall be obeyed by national councils when adopting their tax laws. For taxes for which the laws of the Federal Assembly establishes only minimum rates, laws of the national councils may also establish surcharges to them.

(4) Other taxes and duties are established by Laws of the National Councils.

(5) The administration, collection, and control of all types of taxes (levies) and duties (fines) appertain to the central organs of the Republics and, under their authorization, to National Committees or other organs, with the exception of cases where the exclusive jurisdiction of the Czechoslovak Socialist Republic provides for the collection of duties (fines) by federal organs. Federal organs may control payments made into the Federal State Budget.

Art. 13

(1) The territory of the Czechoslovak Socialist Republic constitutes a unitary customs territory.

(2) To the jurisdiction of the Czechoslovak Socialist Republic belong the regulation of customs system, customs policy, and the issuing of customs tariffs.

Art. 14

(1) The Czechoslovak currency is regulated by the Law of the Federal Assembly.

(2) Issuing activity and its control belong to the monetary banking system, which consists of federal bank as a supreme monetary authority and the national banks of both republics; these banks are legal entities.

(3) Management of Federal Bank is exercised by collective body presided by the governor; this body is composed of an equal number of citizens of the Czech Socialist Republic and Slovak Socialist Republic.

(4) To the jurisdiction of the Czechoslovak Socialist Republic belong, in the banking-sector:

a) the issuing of the Czechoslovak tender,

b) the establishment of the concept for a foreign-exchange and credit policy,

c) the establishment of the principles and scope of the issue and to check their observance,

d) the identification of tools for implementing an uniform monetary, foreign exchange and credit policy,

e) the determination of the extent of foreign-exchange reserves and the establishment of the method of their administration;

f) the determination of the scope of foreign exchange operations and the course of the Czechoslovak currency.

(5) The position of the banks referred to in section 2, their relationships and activities are governed by the law of the Federal Assembly.

Art. 15

A uniform system of prices is in force in the Czechoslovak Socialist Republic. To the jurisdiction of the Czechoslovak Socialist Republic belong, in the area of price policy:

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

b) determine the prices of raw materials, products and services that are of fundamental importance for the uniform market, and to the extent established by the law of the Federal Assembly;

c) determine the categorization of tariffs and prices for transport and issue postal and telecommunication tariffs.

Art. 16

To the jurisdiction of the Czechoslovak Socialist Republic belong, in the area of foreign economic relations:

a) the establishment of the principles governing foreign trade policy;

b) the legislation on the regulation of the relations arising from the conduct of foreign trade;

c) the coordination of economic cooperation with foreign countries, in the first place with the socialist states;

d) the establishment of the principles governing foreign trade activity;

e) the arrangement of the basic economic instruments, with the exception of additional tools.

Art. 17

To the jurisdiction of the Czechoslovak Socialist Republic belong, in the area of industry:

a) the establishment of the principles governing industrial policy, mainly on the basis of technical and economic concepts of republics in sectors and branches with high integration functions in the Czechoslovak economy;

b) the creation of conditions to link national economies and their economic organizations to international industrial cooperation, specialization, and research;

c) the coordination of tasks arising from the defence needs of the country;

Art. 18

To the jurisdiction of the Czechoslovak Socialist Republic belong, in the area of agriculture and food-supply;

a) the establishment of the principles governing agricultural policy and food-supply policy;

b) the coordination of state involvement in agriculture and food-supply;

c) the legislation in matters of veterinary and phytopathological care, the protection of the agricultural soil fund, the system of agricultural cooperatives, the purchase and quality of agricultural products and food, which require a uniform approach in the Czechoslovak Socialist Republic.

Art. 19

To the jurisdiction of the Czechoslovak Socialist Republic belong, in the area of transport:

a) the Legislation in matters of rail, air, maritime, inland waterways and road transport 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 transport policy and elabouration of the concept for the development of the transport system;

Art. 20

To the jurisdiction of the Czechoslovak Socialist Republic belong, in the area of post and telecommunications:

a) the legislation in postal and telecommunications matters;

b) the establishment of uniform rules of postal services and telecommunications;

c) the elabouration of the concept of development of system of posts and telecommunications.

Art. 21

(1) In the Czechoslovak Socialist Republic, a uniform scientific, technological, and investment policy is carried out in basic questions.

(2) To the jurisdiction of the Czechoslovak Socialist Republic belong, in the area of scientific, technological, and investment policy:

a) to elabourate the concept and plans for the development of science and technology, and to establish the system of financing [of science and technology];

b) to develop international cooperation, including the licensing policy;

c) to decide on investments of federal significance financed from the federal budget.

Art. 22

To the jurisdiction of the Czechoslovak Socialist Republic belongs, in the area of labour, wages, and social policy, the establishment of uniform principles governing:

a) labour law relations;

b) wage policy and regulation of wages;

c) pension and health insurance;

d) social policy.

Art. 23

To the jurisdiction of the Czechoslovak Socialist Republic belong, in the area of social-economic information:

a) the establishment of the method of acquiring social-economic information necessary for the assessment of the development of the Federation and for fulfilling the duties arising from international commitments;

b) the determination of the extent of information needed for the following up of the development of the economy, the standard of living, and the development of society;

c) the establishment of the method and time-periods for providing social-economic information, as well as of the principles governing the verification of their correctness;

d) the provision of social-economic information to international organizations.

Art. 24

(1) Socialist enterprises conduct their economic activity in the Czechoslovak Socialist Republic on the territory of both Republics under the conditions which are valid therein.

(2) To the jurisdiction of the Czechoslovak Socialist Republic belong:

a) the regulation of the establishment, the legal relations, and the methods of the direction of economic organizations;

b) the adoption of principles governing the regulation of cooperative and small-scale enterprises;

c) the regulation of economic relations between socialist organizations;

d) the 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 and state inspection;

e) the adoption of principles governing the protection and utilization of mineral resources; ,

Art. 25

Organs of the Czechoslovak Socialist Republic, to which the President of the Czechoslovak Socialist Republic has conveyed the powers to negotiate some international agreements, proceed, when negotiating such agreements regulating international cooperation in the area of joint jurisdiction, in cooperation with organs of both Republics; they also cooperate with them when representing the Czechoslovak Socialist 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) To the jurisdiction of the Czechoslovak Socialist Republic belongs the regulation of the position, competence, and other relations of the armed security corps.

(2) The division of jurisdiction among the Czechoslovak Socialist Republic and the two Republics in matters of internal order and security is regulated by a Law of the Federal Assembly.

Art. 28

The division of jurisdiction among the Czechoslovak Socialist 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.

Chapter three

The Federal Assembly

Art. 29

(1) The Federal Assembly is the supreme organ of state power and the sole legislative body of the Czechoslovak Socialist 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 two hundred deputies who are elected by direct vote throughout the Czechoslovak Socialist 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 4 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 Socialist Republic and seventy-five by direct vote in the Slovak Socialist 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 Czechoslovak Socialist Republic.

(3) If the President of the Czechoslovak Socialist 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 Presidium of the Federal Assembly. In such a case, the session of the Federal Assembly is proclaimed by the Presidium of the Federal Assembly.

Art. 33

(1) The President of the Czechoslovak Socialist 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 Czechoslovak Socialist 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 Presidium. In such a case, the end of the session of the Federal Assembly is declared by the Presidium.

Art. 34

(1) Each House meets in session by virtue of the decision of the Presidium of the respective House.

(2) The two Houses meet in joint session if they are to elect the President of the Czechoslovak Socialist Republic or the Chairman and Deputy Chairman of the Federal Assembly, if they are to debate on a declaration of policy of the Government of the Czechoslovak Socialist 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) To the Federal Assembly belongs in particular the jurisdiction to:

a) decide on the enactment of the Constitution of the Czechoslovak Socialist 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 medium-term national economic plan of the Federation and the Federal State Budget, verify their fulfilment, and approve the final account of the Federation\'s State Budget;

e) elect the President of the Czechoslovak Socialist 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 Czechoslovak Socialist 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 the control organ of the Federal Assembly.

(2) The Federal Assembly decides on a declaration of war, if it is necessary to meet obligations arising from international agreements concerning joint defence against an attack.

(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, federal committee 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:

a) entrusted by the present Constitutional Law to the exclusive jurisdiction of the Czechoslovak Socialist Republic (Art. 7);

b) under joint jurisdiction (Art. 8 and Articles 10 to 28) in that part which is entrusted to the Czechoslovak Socialist Republic.

(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 Law, the Civil Code, the Code of Civil Procedure, the Law on Private International Law and Procedure, the Criminal Code, the Code of Criminal Procedure, 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, Travel Documents Law, the Weapons and Munitions Law, and the Geodesic and Cartographic Law.

(3) Insofar as the uniformity of the legal order so requires, the Federal Assembly realizes fundamental legislation in matters of public health care, the system of elementary, secondary general, and vocational schools, association and assembly, nationalities, copyright, the position of churches and religious societies, and in matters of forestry and water conservation.

Art. 38

(1) A Law of the Federal Assembly may entrust the regulation of the questions specified in Art. 37, section 1(b), and Art. 37, section 2, to legislation by the Republics.

(2) Insofar as federal legislation does not regulate to the full extent the matters specified in Art. 37, section l(b), and Art. 37, section 2, they may be regulated by legislation of the National Councils.

(3) Insofar as the Federal Assembly does not issue basic legislation on the matters specified in Art. 37, section 3, the full legislative regulation appertains to the National Councils.

Art. 39

The executive power over the matters specified in Art. 37, section l(b), is divided between federal organs and organs of the Republics according to the respective provisions of the present Constitutional Law (Articles 10 to 28a).

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 Socialist Republic and a simple majority of its deputies elected in the Slovak Socialist 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 Czechoslovak Socialist 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 Socialist Republic and a three-fifths majority of all the deputies of the House of Nations elected in the Slovak Socialist Republic.

Art. 42

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

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

a) the draft bill establishing principles of the acquisition and loss of Czechoslovak state citizenship;

b) medium-term state plans for the development of the national economy of the Czechoslovak Socialist Republic;

c) draft bills establishing system of economical plans, its structure and principles for creating of economical plans of federation;

d) draft bills establishing the method for securing the revenue of the Federal State Budget, relations between the Federal State Budget and the State Budgets of the Republics, as well as the principles of budgetary administration;

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

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

g) draft bills on the questions specified in Art. 11, section 7;

h) draft bills establishing principles of tax laws of national councils;

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

i) draft bills regulating the Czechoslovak currency, status of federal central bank and national central banks of both republics, their relationships and activities, as well as draft legislation on the matters referred to in Art. 14 section 4;

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

k) draft bills relating to foreign economic relations;

l) draft bills in matters specified in Art. 22;

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

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

o) draft bills establishing federal organs of state administration, with the exception of ministries and federal committees.

(3) The prohibition of outvoting also applies to the approval of declarations of policy of the Government of the Czechoslovak Socialist Republic and to votes of confidence in the Government.

Art. 43

(1) The Government of the Czechoslovak Socialist Republic may ask any House for a vote of confidence. A motion of no confidence in the Government of the Czechoslovak Socialist 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 Czechoslovak Socialist 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 Socialist Republic or the approval of a simple majority of all the deputies of the House of Nations elected in the Slovak Socialist 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 Czechoslovak Socialist 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 term, 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 Presidium 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 Czechoslovak Socialist Republic, the Government of the Czechoslovak Socialist Republic, the Czech National Council, and the Slovak National Council.

(2) Laws of the Federal Assembly are signed by the President of the Czechoslovak Socialist Republic, the Chairman of the Federal Assembly, and the Chairman of the Government of the Czechoslovak Socialist Republic.

(3) A Law of the Federal Assembly comes into force only if it is promulgated in the manner established by a Law of the Federal Assembly. Laws of the Federal Assembly are promulgated by the Presidium of the Federal Assembly within fourteen days of their adoption.

Art. 46

The rules governing the proceedings of the Federal Assembly and the mutual relations of the two Houses, as well as relations with the Government and with other institutions, are regulated by the Law on the Rules of Order of the Federal Assembly. Each House regulates its internal relations by its own decision.

Art. 47

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 makes the following vow at the first meeting of his House, which he attends:

(2) A refusal to make the vow, or a vow made 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 Czechoslovak Socialist 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 Chairman 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 Presidium of the Federal Assembly. They are given the floor whenever they so request.

(3) If either House, its committee, or the Presidium of the Federal Assembly so request, a member of the Government is bound to attend a meeting of the House, its committee, or the Presidium 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 Presidium 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 Presidium 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 Presidium of the Federal Assembly. If the Presidium 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 Presidium which consists of three to six deputies.

Art. 55

Each House sets up committees as its initiatory and control organs, and elects their chairman and other members.

Art. 56

(1) Both Houses of the Federal Assembly elect the Presidium of the Federal Assembly from among the deputies.

(2) The Presidium 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 Socialist Republic and ten members from among its deputies elected in the Slovak Socialist Republic.

(3) The Presidium of the Federal Assembly maintains its functions after the expiration of the electoral term until the newly-elected Federal Assembly elects its own Presidium.

(4) Members of the Presidium 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 Chairman and the Deputy Chairman of the Federal Assembly are elected by the House of the People and the House of Nations from among the members of the Presidium of the Federal Assembly. If a deputy who is a citizen of the Czech Socialist Republic is elected Chairman, a deputy who is a citizen of the Slovak Socialist Republic is elected First Deputy Chairman, or vice versa.

Art. 57

(1) The Presidium of the Federal Assembly decides by a simple majority of all its members.

(2) The provisions of Article 42, regarding the prohibition of outvoting, also applies to the taking of decisions of the Presidium 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 Presidium of the Assembly. The Presidium is, however, not empowered to elect the President of the Czechoslovak Socialist 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 Czechoslovak Socialist Republic or in its members.

(2) At the time when the Federal Assembly is not in session due to extraordinary causes, the Presidium of the Federal Assembly exercises the full jurisdiction of the Assembly except for the right to amend the Constitution of the Czechoslovak Socialist Republic and to elect its President.

(3) Urgent measures requiring the enactment of a Law are taken by the Presidium of the Federal Assembly in the form of Legal Measures signed by the President of the Czechoslovak Socialist Republic, the Chairman of the Federal Assembly, and the Chairman of the Government of the Czechoslovak Socialist Republic. Legal Measures are promulgated in the same manner as Laws.

(4) Measures taken by the Presidium 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 Presidium 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 Presidium of the Federal Assembly who are citizens of the Czech Socialist Republic, and by three-fifths of all the members of the Presidium of the Federal Assembly who are citizens of the Slovak Socialist Republic.

(6) At the time when the Government of the Czechoslovak Socialist Republic is exercising the function of the President of the Czechoslovak Socialist Republic, the Presidium of the Federal Assembly is competent to appoint and recall the Government of the Czechoslovak Socialist Republic and its members and to entrust them with the direction of ministries and other federal organs.

Art. 59

The Presidium of the Federal Assembly calls elections to the Federal Assembly.

Chapter four

The President of the Czechoslovak Socialist Republic

Art. 60

(1) At the head of the Czechoslovak Socialist Republic is the President. He is elected by the Federal Assembly.

(2) The President of the Czechoslovak Socialist Republic is accountable to the Federal Assembly for the discharge of his functions.

Art. 61

(1) The President of the Czechoslovak Socialist Republic:

a) represents the Czechoslovak Socialist 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 Czechoslovak Socialist 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 Presidium;

f) is entitled to submit to the Federal Assembly reports on the state of affairs of the Czechoslovak Socialist 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 Chairman and the other members of the Government of the Czechoslovak Socialist Republic and entrusts them with the direction of federal ministries and other federal central organs and assigns state secretaries to federal ministries in which they operate.

h) is entitled to attend and to preside over meetings of the Government of the Czechoslovak Socialist 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 Czechoslovak Socialist Republic in cases established by law; appoints and promotes generals; appoints on the proposal of the competent organs of the Czech Socialist Republic and the Slovak Socialist 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 expunction 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 Czechoslovak Socialist Republic and declares war on the strength of a decision taken by the Federal Assembly if the Czechoslovak Socialist 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 Czechoslovak Socialist Republic also exercises powers which are not explicitly specified in the present Constitutional Law, if a Law of the Federal Assembly so provides.

Art. 62

(1) Any citizen who is eligible to be a deputy in the Federal Assembly may be elected President of the Czechoslovak Socialist Republic.

(2) The President is elected for a term of office of five years. He takes office by making the vow.

(3) The election of the President of the Czechoslovak Socialist 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 fourteen days.

(4) The President of the Czechoslovak Socialist 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 Czechoslovak Socialist 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 makes the vow.

Art. 63

The President of the Czechoslovak Socialist Republic makes the following vow before the Federal Assembly:

Art. 64

If the office of the President of the Czechoslovak Socialist Republic becomes vacant and a new President has not yet been elected and has not made the vow, or if the President is unable to exercise his office for serious reasons, the exercise of his functions appertains to the Government of the Czechoslovak Socialist Republic. In such a case, the Government may entrust its Chairman with some of the powers of the President of the Czechoslovak Socialist Republic; the supreme command of the armed forces passes during this time to the Chairman of the Government.

Art. 65

The President of the Czechoslovak Socialist Republic may not be subjected to judicial prosecution for actions connected with the exercise of his office.

Chapter five

The Government of the Czechoslovak Socialist Republic

Art. 66

The Government of the Czechoslovak Socialist Republic is the highest executive organ of state power in the Czechoslovak Socialist Republic.

Art. 67

(1) The Government of the Czechoslovak Socialist Republic consists of the Chairman, Deputy Chairman, ministers and state secretaries.

(2) State secretaries operate in all federal ministries. If the minister is a citizen of the Czech Socialist Republic the state secretary is a citizen of the Slovak Socialist Republic and vice versa.

(3) The function of a member of the Government of the Czechoslovak Socialist Republic is incompatible with the function of a member of the Presidium of the Federal Assembly or with the function of a member of the Constitutional Court.

Art. 68

Members of the Government of the Czechoslovak Socialist Republic make the following vow before the President of the Czechoslovak Socialist Republic:

Art. 69

The Government of the Czechoslovak Socialist 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 Czechoslovak Socialist 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 Czechoslovak Socialist Republic may ask the Federal Assembly for a vote of confidence at any time.

Art. 71

(1) The Government of the Czechoslovak Socialist Republic may submit its resignation to the President of the Czechoslovak Socialist Republic.

(2) If a House of the Federal Assembly passes a vote of no confidence in the Government of the Czechoslovak Socialist Republic or if it refuses to express its confidence, the President of the Czechoslovak Socialist Republic recalls the Government.

(3) The Government of the Czechoslovak Socialist Republic always submits its resignation after the first meeting of a newly-elected Federal Assembly.

Art. 72

If the President of the Czechoslovak Socialist Republic accepts the resignation of the Government of the Czechoslovak Socialist 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 Czechoslovak Socialist Republic may submit his resignation to the President of the Czechoslovak Socialist 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 Czechoslovak Socialist Republic. In such a case, the President of the Czechoslovak Socialist Republic recalls that member of the Government.

Art. 74

If the President of the Czechoslovak Socialist Republic accepts the resignation of a member of the Government of the Czechoslovak Socialist 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 Czechoslovak Socialist Republic takes effect if it is approved by a simple majority of all the members of the Government.

Art. 76

The Government of the Czechoslovak Socialist¨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, federal committees and the other federal organs.

Art. 77

The Government of the Czechoslovak Socialist 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 national economic plans, 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.

Art. 78

The Government of the Czechoslovak Socialist 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 Czechoslovak Socialist Republic in international organizations operating in areas which are within the jurisdiction of the Republics.

Art. 79

The Government of the Czechoslovak Socialist 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 operate in the area of exclusive jurisdiction of the Federation and in the area of joint jurisdiction.

(2) Federal ministries are established by a Constitutional Law of the Federal Assembly.

Art. 82

(1) In some sectors of state activities in joint jurisdiction operate federal committees. Federal committee consists of minister, who is a chairman, and other members. Federal committee is composed of an equal number of citizens of the Czech Socialist Republic and Slovak Socialist Republic.

(2) If the minister disagrees with the measure of the committee he is authorized to suspend its implementation and refer the matter to the Government of the Czechoslovak Socialist Republic.

(3) If some of national parts of the committee disagrees with the decision of the committee it may ask the government to review review the decision of the Committee. Composition of the committee and its meetings are governed by the law of the Federal Assembly.

(4) The Federal committees are established by the constitutional act of the Federal Assembly.

Art. 83

In addition to federal ministries and federal committees other federal organs of state administration operate in areas under Federal jurisdiction. These organs are established by Laws of the Federal Assembly.

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 Czechoslovak Socialist Republic

Art. 86

(1) The Constitutional Court of the Czechoslovak Socialist 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 Czechoslovak Socialist Republic and Laws of the Federal Assembly.

Art. 87

The Constitutional Court of the Czechoslovak Socialist Republic decides on:

a) the concurrence of Laws of the Federal Assembly and Legal Measures of its Presidium with the Constitution of the Czechoslovak Socialist Republic;

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

c) the concurrence of decrees of the Government of the Czechoslovak Socialist 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 Czechoslovak Socialist Republic and Laws of the Federal Assembly.

Art. 88

The Constitutional Court of the Czechoslovak Socialist Republic settles conflicts of competence between:

a) organs of the Czechoslovak Socialist Republic and organs of one or both Republics;

b) organs of both Republics.

Art. 89

The Constitutional Court of the Czechoslovak Socialist Republic may initiate improvements of legislation of the Czechoslovak Socialist Republic, as well as of legislation of the Republics.

Art. 90

(1) If the Constitutional Court of the Czechoslovak Socialist 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 Czechoslovak Socialist Republic so as to bring them into agreement with the Constitution of the Czechoslovak Socialist 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 Czechoslovak Socialist 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 Czechoslovak Socialist 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 Presidium of the Federal Assembly, the Government of the Czechoslovak Socialist Republic, or another federal organ;

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

c) a court;

d) the Procurator General;

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

(2) The Constitutional Court of the Czechoslovak Socialist Republic may initiate proceedings on the basis of its own decision.

(3) The Constitutional Court of the Czechoslovak Socialist Republic may also initiate proceedings on the motion of citizens and organizations.

Art. 94

(1) The Constitutional Court of the Czechoslovak Socialist 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 Czechoslovak Socialist Republic.

(3) Members of the Constitutional Court of the Czechoslovak Socialist 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 Socialist Republic and four judges and two substitutes are elected from among the citizens of the Slovak Socialist Republic.

Art. 95

(1) The Chairman and Deputy Chairman of the Constitutional Court of the Czechoslovak Socialist Republic are elected by the Federal Assembly from among the members of the Constitutional Court.

(2) If the Chairman of the Constitutional Court of the Czechoslovak Socialist Republic is a citizen of the Czech Socialist Republic, a citizen of the Slovak Socialist Republic is elected Deputy Chairman, or vice versa.

Art. 96

(1) The Chairman of the Constitutional Court of the Czechoslovak Socialist 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 Czechoslovak Socialist 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 Czechoslovak Socialist 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 Czechoslovak Socialist 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 Czechoslovak Socialist 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 Czechoslovak Socialist Republic with further functions.

Art. 99

A member of the Constitutional Court of the Czechoslovak Socialist 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 Czechoslovak Socialist Republic.

Art. 100

The details of the jurisdiction and organization of the Constitutional Court of the Czechoslovak Socialist 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 Socialist Republic. Their jurisdiction and principles of organization are established by Constitutional Laws of the National Councils.

Chapter seven

The State Organs of the Czech Socialist Republic and the Slovak Socialist Republic

Part one

The Czech National Council and the Slovak National Council

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 Socialist 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 Socialist Republic.

(3) The National Council is the highest representative body of the Republic and its only legislative organ.

Art. 103

(1) The Czech National Council consists of two hundred deputies. The Slovak National Council consists of one hundred and fifty deputies.

(2) The National Council is elected for a term of 4 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 Presidium.

(3) The National Council must be convened by its Presidium at the request of at least one-third of its deputies. The Presidium 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 Chairman.

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) To the jurisdiction of the National Council belong in particular:

a) deciding on Constitutional and other Laws of the Republic and observing how they are executed by the organs of the Republic;

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

c) dealing with basic questions of internal policy;

d) approving medium-term national economic plan and the State Budget of the Republic, controlling their fulfillment, and approving the final state budgetary account of the Republic;

e) electing and recalling the Chairman of the National Council and the other members of the Presidium of the National Council;

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

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

h) electing and recalling members of the Constitutional Court of the Republic.

ch) establishing by Law the control organ of the National Council

(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

As the highest representative organ of the Republic, the National Council considers initiatives of the National Committees, deals with their activities, and decides on measures regarding their extension.

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 Chairman of the National Council and the Chairman of the Government 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 Presidium 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

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 makes a vow at the first meeting of the National Council he attends.

(2) A deputy of the Czech National Council makes the following vow:

(3) A deputy of the Slovak National Council makes the following vow:

(4) A refusal to make the vow, or a vow made 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 Chairman and the other members of the Government of the Republic have the right to attend meetings of the National Council, its Presidium, and committees. They are given the floor whenever they so request.

(3) If the National Council, its Presidium, or committee so requests, a member of the Government is bound to attend a meeting of the National Council, its Presidium, 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 Presidium of the National Council. If the Presidium 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 Presidium of the National Council from among its deputies.

(2) The Presidium of the National Council consists of the Chairman, Deputy Chairman, and other members. The number of members of the Presidium is established by the National Council,

(3) The Presidium of the National Council maintains its after the expiration of the electoral term until the newly-elected National Council elects its own Presidium.

(4) The Presidium of the National Council and its rnembers are accountable to the National Council. The National Council may recall them at any time.

Art. 120

The Presidium 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 Presidium of the National Council. The Presidium 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 Presidium 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 Presidium of the National Council in the form of Legal Measures signed by the Chairman of the National Council and the Chairman of the Government of the Republic. Legal Measures are promulgated in the same manner as Laws.

(4) Measures taken by the Presidium 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 Presidium of the National Council furthermore belong:

a) the appointment and recall of the Chairman 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 Presidium by a Law;

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

(2) The Presidium of the National Council calls elections to the National Council and general elections to National Committees.

Art. 123

The Chairman of the National Council:

a) represents the National Council;

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

c) administers the vow of the members of the Government of the Republic;

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

Part two

The Government of the Czech Socialist Republic and the Government of the Slovak Socialist Republic

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 Chairman, Deputy Chairman, and ministers.

(2) The function of a member of the Government is incompatible with the function of a member of the Presidium 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 Socialist Republic make the following vow before the Chairman of the Czech National Council:

(2) The members of the Government of the Slovak Socialist Republic make the foI1owing vow before the Chairman 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 Presidium 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 Presidium 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 Presidium 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 Presidium 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 Presidium of the National Council recalls the member of the Government.

Art. 132

If the Presidium 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) To the competence of the Government of the Republic also belong matters designated to the Governments of the Republics within the scope of joint jurisdiction according to Article 8 and Articles 10 to 28 of the present Constitutional Law.

Art. 136

The Government of the Republic directs and controls the activity of the National Committees.

Art. 137

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 national economic plans, 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.

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.

Chapter eight

General, Transitional, and Concluding Provisions

Art. 140

(1) The territory of the Czech Socialist Republic consists of the current territory of the Czech provinces.

(2) The territory of the Slovak Socialist 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 Czechoslovak Socialist Republic and the regular seat of its organs is Prague. The position of Prague as capital of the Czechoslovak Socialist Republic is regulated by a Law of the Federal Assembly.

(2) The capital of the Czech Socialist Republic and the regular seat of its organs is Prague.

(3) The capital of the Slovak Socialist Republic and the regular seat of its organs is Bratislava.

Art. 142

(1) The Constitution of the Czechoslovak Socialist 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 Czechoslovak Socialist Republic. Until the Constitution of the Czech Socialist Republic and the Constitution of the Slovak Socialist 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 Czechoslovak Socialist 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 1960 No. 100) are repealed.

(2) Wherever the provisions of the Constitution and other Laws mention the Czechoslovak Socialist Republic, this term is understood according to the nature of the matter to mean also the Czech Socialist Republic and the Slovak Socialist 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 Czechoslovak Socialist Republic according to the present Constitutional Law; his electoral term of office is computed as of the day of his election.

(4) The Presidium of the National Assembly remains in office until the election of the Presidium of the Federal Assembly.

(5) The Government of the Czechoslovak Socialist Republic exercises the function of the Government of the Czechoslovak Socialist Republic until the appointment of the Government of the Czechoslovak Socialist 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 Czechoslovak Socialist Republic by the Federal Assembly, the Government of the Czechoslovak Socialist 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 Socialist Republic, the Government of the Slovak Socialist 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 Czechoslovak Socialist 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 Procuracy in the Czechoslovak Socialist 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 judges of the Supreme Court and professional judges of military courts;

b) propose to the President of the Czechoslovak Socialist Republic to recall the Procurator General;

c) discuss reports of the Supreme Court and the Procurator General on the state of socialist 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

The constitutional act no. 83/1968 Coll. on the end of the parliamentary term of national committees, National assembly and Slovak national council applies to the Czech national council and the Slovak national council exercising powers under article 146 and to the Federal assembly established under article 147.

Art. 149

To the Art. 91 of Constitution as amended by the constitutional law no. 110/1967 Coll. and no. 28/1968 Coll. is connected new section 4 of this wording: “(4) The law may establish special status and powers of national committees in other major cities.

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.