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300/2000 Coll.

CONSTITUTIONAL ACT

of 9 August 2000

that amends Constitutional Act No. 1/1993 Coll., the Constitution of the Czech Republic, in the wording of Constitutional Act No. 347/1997 Coll., and Constitutional Act No. 110/1998 Coll., on the Security of the Czech Republic

The Parliament has enacted the following Constitutional Act of the Czech Republic:

PART ONE

Amendment of the Constitution of the Czech Republic

Art. I

Constitutional Act No. 1/1993 Coll., the Constitution of the Czech Republic, in the wording of Constitutional Act No. 347/1997 Coll., is amended as follows:

1. In Art. 39 para. 3, words “with the stationing of the foreign armed forces within the territory of the Czech Republic” shall be replaced by words “to sending the armed forces of the Czech Republic outside the territory of the Czech Republic or the stationing of the armed forces of other states within the territory of the Czech Republic, as well as to the adoption of a resolution concerning the Czech Republic's participation in the defensive systems of international organizations of which the Czech Republic is a member,”

2. Art. 43 reads as follows:

“Art. 43

(1) Parliament decides on the declaration of a state of war, if the Czech Republic is attacked, or if such is necessary for the fulfilment of its international treaty obligations on collective self-defense against aggression.

(2) The Parliament decides on the Czech Republic's participation in defensive systems of an international organization of which the Czech Republic is a member.

(3) The Parliament gives its consent

a) to the sending the armed forces of the Czech Republic outside the territory of the Czech Republic;

b) to the stationing of the armed forces of other states within the territory of the Czech Republic,

unless such decisions are reserved to the government.

(4) The government decides on sending the armed forces of the Czech Republic outside the territory of the Czech Republic and on the stationing of the armed forces of other states within the territory of the Czech Republic, for a period not exceeding 60 days, in matters concerning

a) the fulfilment of obligations pursuant to treaties on collective self-defense against aggression,

b) the participation in peace-keeping operations pursuant to the decision of an international organization of which the Czech Republic is a member, and subject to the consent of the receiving state;

c) the participation in rescue operations in cases of natural catastrophe, industrial or ecological accidents.

(5) The government also decides:

a) on the transfer of the armed forces of other states across the territory of the Czech Republic and on their overflight over the territory of the Czech Republic.

b) on the participation of the armed forces of the Czech Republic in military exercises outside the territory of the Czech Republic and on the participation of the armed forces of other states in military exercises within the territory of the Czech Republic.

(6) The government shall inform both chambers of Parliament about any decisions it makes pursuant to paras. 4 and 5 without any delay. The Parliament may annul the government's decision; in order to annul such decision of the government, the disapproving resolution of one of the chambers, adopted by an absolute majority of all its members, shall suffice.”

PART TWO

Amendment of the Constitutional Act on the Security of the Czech Republic

Art. II

Art. 11 of the Constitutional Act No. 110/1998 Coll., on the Security of the Czech Republic, reads as follows:

„Art. 11

During a period when the Assembly of Deputies is dissolved, the Senate shall be competent:

a) to decide on the extension or termination of a state of emergency, to declare a condition of threat to the State or a state of war, and to decide on the Czech Republic's participation in defensive systems of international organizations of which the Czech Republic is a member;

b) give consent to sending the armed forces of the Czech Republic outside the territory of the Czech Republic or to the stationing of the armed forces of other states within the territory of the Czech Republic, unless such decisions are reserved to the government.“

PART THREE

Amendment of the Constitutional Act on the Security of the Czech Republic

This Constitutional Act shall enter into effect the first day of the third month following the day of its promulgation.