Position of the Government

Constitution of the Czech Republic

Constitutional Act No. 1/1993 Coll. of the Czech National Council of 16th December 1992

Chapter three
Executive Power
The Government

Article 67

(1) The Government is the supreme body of executive power.
(2) The Government shall consist of the Prime Minister, Deputy Prime Ministers and Ministers.

Article 68

(1) The Government shall be accountable to the Chamber of Deputies.
(2) The Prime Minister shall be appointed by the President of the Republic who shall appoint on the Prime Minister's proposal the other members of the Government and shall entrust them with the direction of individual ministries or other agencies.
(3) Within thirty days after its appointment the Government shall present itself to the Chamber of Deputies and shall ask it for a vote of confidence.
(4) If a newly appointed Government fails to win the confidence of the Chamber of Deputies, the procedure specified in paragraphs 2 and 3 shall be followed. If a thus appointed Government again fails to win the confidence of the Chamber of Deputies, the President of the Republic shall appoint a Prime Minister on the proposal of the Chairman of the Chamber of Deputies.
(5) In other cases the President of the Republic shall appoint and recall on the proposal of the Prime Minister the other members of the Government and shall entrust them with the direction of ministries or other agencies.

Article 69

(1) Each Member of Government shall take an oath of office administered by the President of the Republic.
(2) The oath taken by a Member of the Government shall read: "I herby swear allegiance to the Czech Republic. I swear to uphold its Constitution and laws and to implement them. I swear upon my honour that I shall conscientiously perform my office and shall not misuse my position."

Article 70

A Member of Government may not engage in activity the nature whereof contradicts the performance of his office. Detailed provisions shall be set by law.

Article 71

The Government may ask the Chamber of Deputies for a vote of confidence.

Article 72

(1) The Chamber of Deputies may express no confidence in the Government.
(2) A motion to express no confidence in the Government shall be considered by the Chamber of Deputies only if it is filed in written form by not less then fifty Deputies. The motion shall be admitted when approved by the majority of all Deputies.

Article 73

(1) The Prime Minister shall submit his resignation to the President of the Republic. Other Members of Government shall submit their resignations to the President of the Republic through the Prime Minister.
(2) The Government shall resign if the Chamber of Deputies rejects its request for a vote of confidence or if it voted no confidence in the Government.
(3) If the Government resigns in accordance with the provision of paragraph 2, the President of the Republic shall accept its resignation.

Article 74

The President of the Republic shall recall a Member of Government if the Prime Minister so proposes.

Article 75

The President of the Republic shall recall a Government which has not resigned although required to do so.

Article 76

(1) The Government shall make its decisions as a body.
(2) In order to be adopted, a decision of the Government shall have to be approved by the majority of all its members.

Article 77

(1) The Prime Minister shall organize the work of the Government, preside over its meetings, act in its name and pursue other activities entrusted to him by the Constitution or other laws.
(2) The Prime Minister shall be represented in his absence by a Deputy Prime Minister or another so authorized Member of Government.

Article 78

The Government may issue decrees for the implementation and within the scope of laws. Decrees shall be signed by the Prime Minister and the pertinent Member of Government.

Article 79

(1) Ministries and other administrative agencies and their jurisdiction may be established only by law.
(2) The legal status of government employees in ministries and other administrative agencies shall be defined by law.
(3) Ministries, other administrative agencies and territorial self-government bodies may issue on the basis and within the scope of a law legal regulations, if they are authorized to do so by law.

Article 80

(1) State attorneys shall represent public prosecution in penal proceedings; they shall also perform other duties, if the law so provides.
(2) The position and the jurisdiction of state attorneys shall be defined by law.