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Úvodní strana217/1919 Coll.
LAW
of 23 May 1919
that amends the Law on the Provisional Constitution
Pursuant to the resolution of the National Assembly it is ordered:
Article I
Law No. 37/1918 Coll., on the Provisional Constitution, shall read as follows:
§ 6 shall read as follows:
One-third of the Deputies constitutes a quorum of the National Assembly. The concurrence of a simple majority of the Deputies present is required for the adoption of a resolution. The presence of two-thirds of all Deputies and the concurrence of two-thirds of the Deputies present is required for amendment of this Law, of Law on Basic Rights of Citizens and of Law of 9 November 1918 on Personal Immunity of Members of the National Assembly and for the adoption of a resolution declaring a state of war.
The presence of simple majority of all Deputies and the concurrence of two-thirds of the Deputies present is required for election of the President of the Republic and for ratification of the international treaties (§ 10(a)).
The quorum of simple majority is required for adopting a resolution pursuant to the last sentence of § 11 and the first sentence of § 16.
§ 7 shall read as follows:
The head of state is the President of the Republic, who is elected by the National Assembly (§ 6).
The President remains in the office until a new head of state shall be elected according to the final Constitution.
§ 8 shall read as follows:
Should the office of the Presidency become vacant, or should the President be unable to execute the duties of his office, the execution of his functions shall appertain to the Government, which may invest the Prime Minister with the specific functions.
Should such illness last for more than one month, the National Assembly shall elect a Vice-President who shall remain in office until the President shall be able to resume his functions.
The same provisions as to the election of the President shall apply to the election of the Vice-president.
§ 10 shall read as follows:
The President of the Republic:
a) shall represent the state in its relation with other states, shall negotiate and ratify international treaties. Commercial treaties, and treaties which for the state or its citizens entail financial or personal burdens, especially military burdens, as well as treaties affecting the territories of the state require the affirmation of National Assembly;
b) shall be the commander-in-chief of the armed forces;
c) shall receive and appoint diplomatic representatives;
d) shall declare war pursuant to the resolution of the National Assembly and shall lay before the National Assembly for approval peace treaties which have been concluded;
e) shall have the right to veto any law (§ 11)
f) shall nominate university professors, judges, all state officials and military officers of the sixth class upward;
g) may pardon or commute sentences as well as legal consequences of the crime, conviction or sentence, and may order that a criminal proceeding not be instituted or, if it has been instituted, that it be discontinued.
In order to be valid, each executive act of the President of the Republic requires the countersignature of a designated responsible member of the Government.
§ 10 a)
The President of the Republic shall have the right to be present at and to preside over meetings of the Government and to demand from the Government or its individual members written reports on any matter in their jurisdiction.
The President of the Republic shall have the right to call the Government or its members to conference.
§ 10 b)
The President of the Republic shall report verbally or in writing to the National Assembly on the state of the Republic, and shall recommend for consideration measures which he deems necessary and useful.
§ 11 shall read as follows:
The President of the Republic shall have the right to return any bill passed by the National Assembly within fourteen days of its presentation to the Government.
The National Assembly shall reconsider the bill returned by the President. Should the National Assembly reaffirm the initial resolution in the presence of more than half of the Deputies, the bill shall become law.
§ 14 shall read as follows:
The executive and decretory power shall be vested with the Government, the Prime Minister and members (ministers) of which shall be appointed and dismissed by the President of the Republic.
The Government shall choose from among the members a deputy Prime Minister, who shall substitute the Prime Minister. Should this deputy fail to attend, he shall be represented by the oldest member of the Government.
§ 16 shall read as follows:
The Government shall be responsible to the National Assembly, which may vote its lack of confidence in the Government. Such a vote shall be valid if more than half of all the members are present and if a simple majority concurrence is obtained.
Every motion for a vote of lack of confidence shall be signed by not less than a hundred deputies and shall be referred to a committee which must report thereon within eight days.
The Government may bring forward before the National Assembly a proposal for a vote of confidence. Such proposal shall be acted upon without being referred to a committee.
Should the National Assembly vote lack of confidence in the Government or should it reject the Government's proposal for a vote of confidence, the Government shall resign to the President of the Republic, who shall then determine who shall direct Government affairs until a new Government is formed.
§ 17 shall read as follows:
The Government shall be seated in Prague. The Government shall be competent to act as a body if in addition to the Prime Minister or his deputy more than half the Ministers be present.
The Government shall decide in session in particular:
(a) on Government draft bills for the National Assembly;
(b) on all matters of a political nature;
(c) on appointments of state officials, judges and military officers, so far as such appointments shall fall under the jurisdiction of the central authorities; as well as on proposals for appointments of officials nominated by the President of the Republic.
§ 18 shall read as follows:
The President of the Republic shall determine as to which member of the Government (minister) shall direct particular authorities established for providing the highest state administration and be responsible for them.
§ 19 shall read as follows:
The law shall be promulgated within eight days from the expiration of the period laid down in § 11, unless the President of the Republic exercises his right stipulated in the first sentence of § 11. In the case referred to in the last sentence of § 11, the law shall be promulgated within eight days of its reenactment by the National Assembly. The law shall be signed by the President of the Republic or the Vice-President (§ 8), the Prime Minister and the member of the Government, whose office is entrusted with its execution.
Should the office of the Presidency become vacant, or should the execution of his functions appertain to the Government (§ 8), the Prime Minister may sign on behalf of the President.
The Government decree shall be signed by the Prime Minister or his deputy, and at least half of the members of the Government.
Article II
This Law shall enter into effect on the date of its promulgation.
All ministers are entrusted to execute it.