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Presidential powers

Presidential powers of the Republic are determined by the Constitution of the Czech Republic. As regards the executive power, the President of the Republic discharges the following power:

Chapter Three - Executive Power

President of the Republic

Art. 54

(1) President of the Republic is the Head of State.

(2) President of the Republic shall be elected at a joint meeting of both the chambers of the Parliament.

 

(3) President of the Republic shall not be accountable for the acts resulting from the execution of his office.

Art. 55

President of the Republic shall assume his office by taking the official oath. His term of office shall be five years and shall begin to run on the day he takes the official oath.

Art. 56

The election shall take place within the last thirty days of the term of office of the incumbent President. If the office of President of the Republic is vacated, the election shall take place within thirty days.

Art. 57

(1) Any citizen eligible for election to the Senate may be elected President of the Republic.

(2) Nobody may be elected President of the Republic more than twice in succession.

Art. 58

(1) Nomination of a candidate for the presidency may be introduced by not less than ten Deputies or ten Senators.

(2) The candidate who has won absolute majority of votes of all Deputies and absolute majority of votes of all Senators shall be elected President of the Republic.

(3) If no candidate wins absolute majority of votes of all Deputies and of all Senators, a second round of the election shall be held within fourteen days.

(4) The candidate who has won the highest number of votes in the Chamber of Deputies and the candidate who has won the highest number of votes in the Senate shall advance to the second round of the election.

(5) If there are more candidates winning equal highest number of votes in the Chamber of Deputies or more candidates winning equal highest number of votes in the Senate, the votes cast for such candidates in both chambers shall be added up. The candidate who has thus obtained the highest number of votes shall advance to the second round.

(6) The candidate who wins absolute majority of votes of the Deputies present and absolute majority of votes of the Senators present shall be elected.

(7) If the President of the Republic has not been elected in the second round either, a third round of the election shall be held within fourteen days, in which the candidate from the second round, who wins absolute majority of votes of the Deputies and Senators present, shall be elected.

(8) If the President of the Republic has not been elected even in the third round, a new election shall be held.

Art. 59

(1) President of the Republic shall take an oath of office at a joint meeting of both chambers of the Parliament, where it shall be administered by the Chairman of the Chamber of Deputies.

(2) The oath of the President of the Republic shall read as follows: "I swear allegiance to the Czech Republic. I swear to observe its Constitution and laws. I swear upon my honour that I shall perform my office in the interest of all the people, and to the best of my belief."

Art. 60

If the President of the Republic refuses to take the oath or takes it with a reservation, he shall be deemed as not having been elected.

Art. 61

President of the Republic may resign from his office by placing his resignation into the hands of the Chairman of the Chamber of Deputies.

Art. 62

President of the Republic shall
a) appoint and recall the Prime Minister and other members of the Government and accept their resignation, recall the Government and accept its resignation;
b) convene sessions of the Chamber of Deputies;
c) dissolve the Chamber of Deputies;
d) authorize the Government the resignation of which the President has accepted or which he has recalled to execute their office temporarily until a new Government is appointed;
e) appoint Justices of the Constitutional Court, its Chief Justice and Assistant Chief Justices;
f) appoint from among the Justices of the Supreme Court the Chief Justice and Assistant Chief Justices of the Supreme Court;
g) pardon and mitigate penalties imposed by the court, order not to initiate criminal proceedings and suspend them if they are already initiated, and expunge sentences;
h) have the right to return to the Parliament an enacted law with the exception of Constitutional Acts;
i) sign enacted laws;
j) appoint the President and the Vice-President of the Supreme Control Office; and
k) appoint members of the Bank Board of the Czech National Bank.

Art. 63

(1) President of the Republic shall furthermore
a) represent the State with respect to other countries;
b) negotiate and ratify international treaties; he may delegate the negotiation of international treaties to the Government or, subject to the Government consent, to its individual members;
c) be the Commander in Chief of the Armed Forces;
d) receive heads of diplomatic missions;
e) appoint and recalls heads of diplomatic missions;
f) call elections to the Chamber of Deputies and the Senate;
g) appoint and promote generals;
h) confer and award state decorations, unless he authorizes other body to do so;
i) appoint judges; and
j) have the right to grant amnesty.

(2) President of the Republic shall be also entitled to exercise powers not explicitly defined in the Constitutional Act, if the law provides so.

(3) Decisions made by the President of the Republic pursuant to the provisions of paragraphs 1 and 2 shall be valid only if countersigned by the Prime Minister or by a member of the Government so authorized by the Prime Minister.

(4) Responsibility for a decision made by the President of the Republic, which must be countersigned by the Prime Minister or a member of the Government authorized by him, shall be borne by the Government.

Art. 64

(1) President of the Republic has the right to attend meetings of both the Chambers of the Parliament, their Committees and Commissions. He shall be given the floor whenever he asks for it.

(2) President of the Republic has the right to attend meetings of the Government, to ask for reports from the Government and its members, and to discuss with the Government or its members the issues that are in their competence.

Art. 65

(1) President of the Republic may not be detained, subjected to criminal prosecution or prosecuted for offence or other administrative delict.

(2) President of the Republic may be prosecuted for high treason at the Constitutional Court based on the Senate's suit. The punishment may be the loss of his presidential office and of his eligibility to regain it.

(3) Criminal prosecution for criminal offences committed by the President of the Republic while executing his office shall be ruled out forever.

Art. 66

If the office of the President of the Republic is vacated and a new President has not yet been elected or has not yet taken his oath of office, as well if the President of the Republic is unable to execute his official duties for serious reasons, and if the Chamber of Deputies and the Senate has adopted such resolution, the execution of the presidential duties pursuant to the provisions of Article 63 par. 1 letters a), b), c), d), e), h), i) and j), and Article 63 par. 2 shall appertain to the Prime Minister. The Chairman of the Chamber of Deputies shall be entrusted with execution of official duties of the President of the Republic specified in Article 62 letters a), b), c), d), e) and k) at the time when the Prime Minister executes the defined duties of the President of the Republic; if the office of the President of the Republic has been vacated at the time when the Chamber of Deputies is dissolved, the execution of these duties shall appertain to the Chairman of the Senate.