Constitutional Act of Law No. 110/1998 Coll., of April, 22nd 1998, on Security of the Czech Republic, as amendmended by No. 300/2000 Coll.
The Parliament has resolved on the following constitutional act of law of the Czech Republic:
Basic Provisions
Article 1
Protection of sovereignty and territorial integrity of the Czech Republic, preservation of its democratic principles and protection of lives, health and property values are the state’s basic obligations.
Article 2
(1) If the sovereignty, territorial integrity or democratic principles of the Czech Republic, or to a significant extent its internal order and security, lives, health, property values or environment, are threatened, or if international obligations in the area of joint defence have to be met, it is possible to declare a state of emergency, a state of national threat or belligerency, depending on the intensity, territorial extent and character of the situation.
(2) While the state of emergency and the state of national threat can be declared for the entire territory of the state or any part thereof, belligerency is always declared for the entire territory of the state only.
Article 3
(1) Security of the Czech Republic is ensured by its armed forces, armed security forces, rescue brigades and emergency services.
(2) All state authorities, all bodies of territorial self-governing units and all legal entities and private persons are obligated to participate in security operations. The extent of obligations and other details are specified by the law.
Article 4
(1) The replenishment of the of armed forces is based on conscription.
(2) The extent of the duty of conscription, the tasks of armed forces, armed security forces, rescue brigades and emergency service, their organisation, training and staffing, and the legal status of their members are specified by the law in a way ensuring civilian supervision of armed forces. [note: conscription is currently no longer prescribed by law, although it may be reinstated in exceptional circumstances]
State of Emergency
Article 5
(1) The government is entitled to declare a state of emergency in the event of natural disasters, ecological or industrial accidents, incidents or other dangers which to a significant extent threaten lives, health, property values or internal order and security.
(2) The state of emergency may not be declared as a result of strikes whose objective is to protect rights and legitimate economic and social interests.
(3) If a delay is imminent, the state of emergency may be declared by the Prime Minister. His/her decision is then approved or cancelled by the government within 24 hours.
(4) The government shall inform the Chamber of Deputies of its declaration of a state of emergency immediately. The government’s decision may then be revoked by the Chamber of Deputies.
Article 6
(1) The state of emergency may be declared only for a certain period and for a certain territory. When declaring a state of emergency, the government must also state its reasons and specify which rights specified in a special act of law and to what extent will be restricted and which obligations and what extent will be imposed pursuant to the Charter of Rights and Freedoms. All relevant details are specified by the law.
(2) The state of emergency may be declared for 30 days at the most. The said time limit may be extended only after prior consent of the Chamber of Deputies.
(3) The state of emergency shall end upon the expiration of the period for which it has been declared, unless it is revoked by the government or the Chamber of Deputies earlier.
State of Nation Threat
Article 7
(1) The Parliament may declare a state of national threat at the government’s request if the sovereignty or territorial integrity of the state or its democratic principles are in immediate danger.
(2) The state of national threat may only be declared if approved by a majority of all members of the Chamber of Deputies and by a majority of all Senators.
Summary Consideration of Bills
Article 8
(1) In the course of a state of national threat or belligerency the government may ask the Parliament for summary consideration of its draft bill.
(2) The Chamber of Deputies shall adopt a resolution on such request within 72 hours after its presentation. The Senate shall adopt a resolution on the same within 24 hours after its forwarding by the Chamber of Deputies. It is understood that if no resolution is taken by the Senate within the said time limit, the bill is passed.
(3) In the course of the state of national threat or belligerency the president of the republic is not entitled to return a bill adopted in the process of summary consideration.
(4) The process of summary consideration may not be applied to constitutional acts of law.
National Security Council
Article 9
(1) The National Security Council is formed by the Prime Minister and other ministers specified by the government.
(2) The National Security Council proposes security-related measures within the extent of its competencies specified by the government.
(3) The president of the republic is entitled to be present at the meetings of the National Security Council, to request reports from the Council and its members and to discuss with the Council or its members all issues falling within their competence.
Electoral Term Extention
Article 10
If due to the conditions prevailing in the territory of the Czech Republic during the state of emergency, state of national threat or belligerency it is not possible to hold elections within the time limits specified for regular electoral terms, it is possible to extent such time limits by an act of law for six months at the most.
Joint Provisions
Article 11
When the Chamber of Deputies is dissolved, the Senate is entitled to
a) decide on extension or revocation of a state of emergency, on declaration of a state of national threat or belligerency and on participation of the Czech Republic in defence structures of those international organisations of which the Czech Republic is not a member,
b) authorise missions of Czech armed forces outside the territory of the Czech Republic and missions of armed forces of other states in the territory of the Czech Republic, unless such decisions fall within the government’s competence.
Article 12
Every declaration of a state of emergency, state of national threat or belligerency shall be published in mass media and promulgated as an act of law and shall become effective as of the date specified therein.
Concluding Provision
Article 13
This constitutional act of law shall become effective upon its promulgation in the Collection of Laws of the Czech Republic.