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515/2002 Sb.

CONSTITUTIONAL ACT

of 14 November 2002

concerning the Referendum on the Czech Republic’s Accession to the European Union and Amendments to Constitutional Act No. 1/1993 Sb., the Constitution of the Czech Republic, as amended by subsequent constitutional acts

Parliament has enacted this Constitutional Act of the Czech Republic:

PART ONE

REFERENDUM ON THE CZECH REPUBLIC’S ACCESSION TO THE EUROPEAN UNION

Art. 1

General Provisions

(1) The decision on the Czech Republic’s accession to the European Union may be made solely in referendum.

(2) The referendum question reads: ”Do you agree with the Czech Republic becoming, pursuant to the Treaty of Accession of the Czech Republic to the European Union, a Member State of the European Union?”

(3) Every citizen of the Czech Republic who has attained the age of 18 has the right to vote in the referendum.

(4) The President of the Republic calls the referendum and announces the results of the referendum in a manner analogous to that in which he promulgates laws.

(5) The referendum takes place in the final six months of the electoral term of the of the Assembly of Deputies or of the term of office of the representative bodies of territorial self-governing units, the President of the Republic calls it so that it shall be held together with the elections to the Assembly of Deputies or to the representative bodies of territorial self-governing units.

Art. 2

The President of the Republic calls the referendum within 30 days of the day on which the Treaty of Accession of the Czech Republic to the European Union is signed so that it may take place in the period beginning on the thirtieth day and ending on the sixtieth day following the calling of the referendum.

Repeated Referendum

Art. 3

(1) If the Czech Republic’s accession to the European Union is not approved in the referendum held according to art. 2, a petition proposing the calling of a referendum on the same matter may be submitted by the government, jointly by at least two-fifths of the deputies, or jointly by at least two-fifths of the senators.

(2) A petition proposing the calling of a referendum is submitted to the president of the republic.

(3) The referendum may be called no sooner than two years after the Czech Republic’s accession to the European Union was not approved in the preceding referendum.

Art. 4

If the conditions for the calling of a referendum are met, the president of the republic calls it within 30 days of the day the petition proposing it be called is submitted, so that it may take place at the latest by the 90th day following the submission of that petition, otherwise the decision to declining to call a referendum is made within the same period.

Art. 5

The Referendum Results

(1) The Czech Republic’s accession to the European Union is approved in the referendum if an absolute majority of those voting answer the referendum question in the affirmative.

(2) The announcement of the results of a referendum in which the Czech Republic’s accession to the European Union is approved substitutes for the Parliament‘s assent to the ratification of the Treaty of Accession of the Czech Republic to the European Union.

Art. 6

Further conditions on the exercise of the right to vote in the referendum, as well as the detailed provisions concerning the proposal, voting, the holding of the referendum, and the announcement of its results are regulated by law. In order for that law to be adopted, both the Assembly of Deputies and the Senate must approve it.

PART TWO

Amendments to the Constitutional Act no. 1/1993 Sb., the Constitution of the Czech

Republic, as amended by later constitutional acts

Art. 7

Constitutional Act no. 1/1993 Sb., the Constitution of the Czech Republic, as amended by the Constitutional Act No. 347/1997 Sb., Constitutional Act No. 300/2000 Sb., Constitutional Act

no. 395/2001 Sb., and the Constitutional Act no. 448/2001 Sb., shall be amended as follows:

1. At the end of the art. 62 the dot is replaced by a comma and letter l) in following wording is added:

“l) calls a referendum on the Czech Republic´s accession to the European Union and its result.”.

2. In the art. 66 in part before semicolon of the second sentence, letter l) is added behind letter k).

3. At the end of the section 1 of the art. 87 the dot is replaced by a comma and letters l) and m) in following wording are added:

“l) on appeal against president´s decision to decline to call a referendum on Czech Republic´s accession to the European Union,

m) on the matter if the procedure of the referendum on the Czech Republic´s accession to the European Union is in conformity with the Constitutional Act on the Czech Republic´s accession to the European Union and with law issued to its implementation.”.

PART THREE

ENTRY INTO EFFECT

Art. 8

This Constitutional Act comes into effect on 1 March 2003.