Drobečková navigace

46/1990 Coll.

CONSTITUTIONAL LAW

of 27 February 1990

that amends and supplements the Constitutional Law No. 100/1960 Coll., the Constitution of the Czechoslovak Socialist Republic, and the Constitutional Law No. 143/1968 Coll., on the Czechoslovak Federation

The Federal Assembly of the Czechoslovak Federal Republic has enacted the following Constitutional Law:

Art. I

The Constitutional Law No. 100/1960 Coll., the Constitution of the Czechoslovak Socialist Republic, shall be amended as follows:

1. Article 2 paragraph 2 shall read as follows:

“(2) The state power is exercised by the people through the representative bodies, which are elected [by the people].”

2. Article 3 paragraph 2 shall read as follows:

“(2) Members of the representative bodies – deputies – are obliged to exercise their mandate personally, to the best of their conscience and convictions; in addition, they are not bound by [anyone’s] instructions regarding the exercise of their mandate.”

Current paragraph 3 shall be omitted.

3. Article 88 paragraph 4 shall read as follows:

“(4) Wording of the oath of a deputy of a national committee shall be stipulated in Constitutional Laws of the National Councils.”.

Art. II

Constitutional Law No. 143/1968 Coll., on the Czechoslovak Federation, as amended, shall be amended and supplemented as follows:

1. Article 30 paragraph 1 shall read as follows:

“(1) The House of the People consists of 150 deputies who are elected by direct vote throughout the Czechoslovak Socialist Republic.”

2. Article 103 paragraph 1 shall read as follows:

“(1) Number of deputies of the Czech National Council shall be stipulated by a Constitutional Law of the Czech National Council. Number of deputies of the Slovak National Council shall be stipulated by a Constitutional Law of the Slovak National Council.”

3. In Articles 47, paragraph 1 of the following wording shall be added:

“(1) The office of deputy [of the Federal Assembly] is incompatible with holding the office of deputy of the National Council, and [the office of] judge, [the office of] prosecutor, [the office of] state arbiter, [with being] a military officer, [being] a police officer [příslušník Sboru národní bezpečnosti], or [being] a correctional officer [příslušník Sboru nápravné výchovy].”.

Current text of Article 47 shall be designated as paragraph 2.

4. In Articles 113, paragraph 1 of the following wording shall be added:

“(1) The office of deputy [of the National Council] is incompatible with holding the office of deputy of the Federal Assembly, and [the office of] judge, [the office of] prosecutor, [the office of] state arbiter, [with being] a military officer, [being] a police officer [příslušník Sboru národní bezpečnosti], or [being] a correctional officer [příslušník Sboru nápravné výchovy].”.

Current text of Article 113 shall be designated as paragraph 2.

5. In Article 48 paragraph 1 the text of the first sentence of the oath shall read as follows: “I promise upon my honor and conscience to be faithful to the Czechoslovak Socialist Republic.”.

6. In Article 68 the text of the first sentence of the oath shall read as follows: “I promise upon my honor and conscience to be faithful to the Czechoslovak Socialist Republic.”.

7. Paragraphs 2 and 3 of Article 114 shall read as follows:

“(2) A deputy of the Czech National Council shall take the oath, wording of which shall be stipulated in a Constitutional Law of the Czech National Council. 

(3) A deputy of the Slovak National Council shall take the oath, wording of which shall be stipulated in a Constitutional Law of the Slovak National Council.”.

8. Article 126 shall read as follows:

“Art. 126

(1)   Members of the Government of the Czech Socialist Republic shall take an oath to the Chairman of the Czech National Council, wording of which shall be stipulated in a Constitutional Law of the Czech National Council.

(2)   Members of the Government of the Slovak Socialist Republic shall take an oath to the Chairman of the Slovak National Council, wording of which shall be stipulated in a Constitutional Law of the Slovak National Council..”

Art. III

The Czech National Council and the Slovak National Council shall stipulate in Constitutional Laws of the National Councils the title, the state emblem, the state flag, the state seal, and the national anthem of the Czech Socialist Republic and the Slovak Socialist Republic.

Art. IV

Provisions stipulated in Article I clauses 1 and 2 shall enter into effect on the day of elections, provisions stipulated in Article I clauses 3 shall enter into effect on the day of promulgation [of this Constitutional Law]

Provisions stipulated in Article II clauses 1, 3 and 4 shall enter into effect on the day of elections, provisions stipulated in Article II clauses 2, 5 to 8 and Article II shall enter into effect on the day of promulgation [of this Constitutional Law].