Venice Commission - Report on Bicameralism
www.venice.coe.int
Disclaimer: this information was gathered by the Secretariat of the Venice Commission on the basis of contributions by the members of the Venice Commission, and complemented with information available from various open sources (academic articles, legal blogs, official information web-sites etc.).
Every effort was made to provide accurate and up-to-date information. For further details please visit our site : https://www.venice.coe.int/
1.Has the country always had a bicameral parliamentary (or congressional) system? If not, from when did the country adopt a bicameral system? Is there a public debate about keeping bicameralism or moving to a unicameral system? Why? What are the terms of the debate? What is the public perception of the usefulness and acceptability (legitimacy) of the second chamber?
Since its creation on 1st January 1993, Czechia had always a bicameral parliamentary system. Article 15 para 2 of the Constitution of the Czechia (Act No. 1/1993 Coll.) provides that „The Parliament consists of two chambers, the Chamber of Deputies and the Senate“. The said constitutional provision was inspired by the then Czechoslovak Constitution of 1920 (Act No. 121/1920 Coll.) which stipulated that the National Assembly consisted of two chambers, the Chamber of Deputies and the Senate. Nevertheless, prior to the Constitution of 1920 there had been a short period of unicameral General Assembly established by the Provisional Constitution of 1918 (Act No. 37/1918 Coll). For the sake of completeness, during the communist regime (1948-1989) the facade parliamentary system was unicameral until the federalization of Czechoslovakia in 1968: the Federal Assembly then consisted of two chambers, the House of People and the House of Nations. Both republics then had unicameral national councils - the Czech National Council and the Slovak National Council - as legislatures in areas not entrusted to the federation. However, the ruling monopoly was held by the Communist Party of Czechoslovakia and its Central Committee, so that serious disputes over the extent of competences between the federal and state bodies or between the two states were out of the question. The inherited federal system proved dysfunctional without the unifying will of the Communist Party and, hand in hand with the emancipation of the Slovak national representation, eventually led to the dissolution of Czechoslovakia before a new Czechoslovak federal constitution was agreed.
2.What is the population of the country? What is its size?
The Czech population is estimated at 10,5 mil. people (data on 31 December 2022). The size of its territory is 78 867 km².
3.What form of state and form of government has the country? Please provide details with reference to relevant constitutional provisions. a) Unitarian or federal/regional/other form of decentralization; b) Parliamentary, presidential, semi-presidential or mixed
The Czech Republic is unitary and parliamentary state (Art. 1 para 1 and Art. 15 para 1 of the Constitution). The governement is responsible to the lower chamber of the Parliament, the Chamber of Deputies (art. 68 para 1) and is dependent upon its confidence (Art. 73 para 2).
4.How many members are in the lower house?
The Chamber of Deputies is composed of 200 members.
5.How many members has the second chamber?
The Senate is composed of 81 members.
6.How are members of the second chamber selected? Please describe: a) direct/indirect/mixed suffrage (if the suffrage is indirect or mixed, who elects or appoints the second chamber? b) territorial or other criteria; i) region/provinces/municipalities/others; ii) professional categories/ethnic/age/other; c) candidates’ independence from/affiliation with political parties; d) in case of indirect election, is there an imperative mandate or a similar practice?
Senators are elected by a direct vote in single-seat constituencies through the two-round plurality voting system. If no candidate receives a majority of votes in the first round, there is a second round (in a week) between the two highest-placed candidates. On contrary, the deputies are elected in an open party-list proportional representation system. Different voting methods together with lower turnout in Senate elections make the composition of the two chambers distinctive. There are no territorial or similar criteria for the election of the Senators. However, the Czechia has 81 senate districts (constituencies), where every other year elections take place in one-third of the districts (Art. 16 para 2 of the Constitution). The law made clear, for the first elections in 1996, which districts were assigned for senators elected for 6 years, 4 years and 2 years. Any citizen of the Czechia who has the right to vote and has attained the age of forty is eligible for election to the Senate (Art. 19 para 2 of the Constitution). Candidates could be (and commonly are) affiliated with political parties. Political parties, movements or their coalitions are entitled to register a candidate. A candidate may also present their registration applications individually (an independent candidate). However, such a candidate must submit a petition signed by at least 1,000 qualified voters from the election district (constituency) in which such an independent candidate stands and make a deposit of 20.000 CZK (See articles 60 and 61 of the Act of Law 247/1995 Coll., on elections to the Parliament of the Czechia).
7.Age. What is the age limit to elect and be elected or appointed to the second chamber? Does it coincide with the lower chamber? Are there other requirements for election than those for members of lower chambers?
There is a minimum age limit of 40 years to be elected to the second chamber which does not coincide with the Chamber of Deputies, where passive suffrage is limited by the age of 21. The right to vote to both chambres is limited by the age of 18. There are no other requirements for election than those for members of a lower chamber.
8.Gender. Are there any requirements to achieve gender parity between men and women in the composition of the second chamber or is there any gender quota system? If so, is there a similar requirement or gender quota system for the lower chamber?
There are no gender requirements.
9.Term of office or tenure. Duration? Does it coincide with lower chamber? Does the second chamber follow the continuity rule (members are not replaced all at once, new elections concern only part of the chamber at a time)? Can the second chamber be dissolved and if yes, who and how exercises its competences in the meantime? Please report any particularity.
Senators are elected to a six-year term of office (or less if the seat is vacated earlier, then the new senator is elected only for the remainder of the 6-year term). Every second year election for one-third of the Senators shall be held (Art. 16 para 2 of the Constitution). This makes Senate a continuous body that cannot be dissolved. This model does not coincide with the Chamber of Deputies, where all 200 members are elected at one time (commonly every 4 years). Moreover, a lower chamber may be dissolved.
10.Congruence. Is it common for the second chamber to have a similar party composition (majority-minority) to that of the lower chamber?
While the members of both chambers commonly have the same political affiliation, the majority-minority settings is different in recent years. Take an example of the elections to a lower chamber in 2017 which resulted in a majority of the political movement ANO (29,64%). However, the elections to the Senate resulted badly for the movement ANO as it received only 3 seats in 2016, 1 seat in 2018 and 2 seats in 2020. This is due to the different system of elections to the two chambers, the periodic replacement of the Senate by a third every two years, and finally the low voter turnout in the Senate elections, or the varying level of participation of supporters of certain political parties (more simply, voters of systemic right-wing parties are more disciplined in the Senate elections).
11.Status. Are there differences between the legal status of members of the two chambers, and if so, what (e.g., immunity, conflict of interest)?
There are no differences regarding the legal status of members of the two chambers (see Art. 27 of the Constitution).
12.Rules of procedure. How are the rules governing the second chamber established? Are they different from the lower chamber’s and what are the most relevant differences? Are the internal regulations controlled by the constitutional judge?
The rules of procedure of the second chamber are enshrined in Act No. 107/1999 Coll. on the Rules of Procedure of the Senate which was adopted by both chambers in 1999. The Czech Constitution (Art. 40) requires that both, the Chamber of Deputies and the Senate are required to approve this law. It is, therefore, not permissible for the lower chamber to outvote the second chamber regarding the adoption of this law.
13.Powers/competences: Are the powers and competences the same in the two chambers (symmetrical bicameralism)? If the bicameralism is asymmetrical, what are the powers of the second chamber? Please describe: i) financial; ii) legislative; iii) oversight/control; iv) other specific powers, in particular as regards constitutional reforms, confidence motions, international treaties, etc; v) interim powers (e. g. in case of dissolution of the first chamber).
a) Distinguish issues which are not submitted at all to the second chamber/where the final decision is taken by the first chamber/where the second chamber has a limited veto right etc. Please address these questions the other way round if the second chamber has more powers than the first one; b) Are there specific appointments that must be done solely by the second chamber? If so, the appointment must be done by supermajority/qualified majority/simple majority/absolute majority? c) What kind of parliamentary initiative can the first and second chamber exercise? d) What happens in case of disagreement (in case of asymmetrical as well as of symmetrical bicameralism); how many readings before the final decision? Does a mixed commission meet? e) To which chamber are draft laws and other drafts to be examined by Parliament or the legislature submitted first? f) Is the government responsible to the second chamber (when it is before the first one)? g) Are decisions taken by a joint meeting of both chambers and, in the affirmative, which ones? h) Does the second chamber have a specific role in emergency situations?
The Czech bicameral model is asymmetrical. The powers of the chambers are distinctive as follows:
14.Is there a form of intergovernmental conference of regions in your country (conference of ministers or presidents of regions, Landers, states members of the federations)? Does it interact with the second chamber? How often does it meet? What is its specific relevance?
There is a conference of regions in the Czech Republic („Regionální stálá konference“), however, it does not interact with the Senate and it does not have any legislative function.
Czechia
There was also a pragmatic political motive behind the incorporation of the Senate in the present Constitution of the Czechia. Given the dissolution of Czechoslovakia, it was anticipated that Czech deputies from the then Federal Assembly will form the Provisional Senate under Art. 106 para 2 of the Constitution (in exchange of their consent to the dissolution of Czechoslovakia). However, the Provisional Senate has never been actually established. Today´s Senate was firstly assembled after the first elections in 1996 when one third of the senators were elected for 6 years, one third for 4 years and one third for 2 years.
There is currently no serious public debate about keeping bicameralism or moving to a unicameral system.
Czech legal experts and constitutional lawyers consider the bicameral model as an important contribution to the checks and balances principle. Not only executive is counterbalanced by the legislative branch, but also the legislative branch is tainted by
two distinctive parts, where the upper chamber, the Senate, has important control powers. Besides the experts, the general public often shows a limited understanding of the role of the Senate (and bicameralism as such). Moreover, there are some voices to dissolve Senate which is believed to be superfluous and expensive. However, these voices are not marginal and are often fueled by important political figures and political parties. The public trust in the Senate is rather low and culminates at around 33 %. The same goes for the public interest in the Senate elections, where the election turnout culminates at around 37 %, in the second round even less (20 %).
Nevertheless, the political affiliation of members of the Chamber of Deputies and Senate does not preclude them from their duty to carry out their duties in the interest of all the people, to their best knowledge and conscience (Art. 23 para 3 of the Constitution). Therefore, they shall be bound not by the political directives but by the „constitutional promise“ according to the above provision. Art. 26 of the Constitution states explicitly that „Deputies and Senators shall perform their duties personally in accordance with their oath of office; in addition, they shall not be bound by anyone’s instructions.“ Members of both chambres of the Czech parliament are elected in a direct vote. There is no imperative mandate or similar practice in the Czech constitutional system. They cannot be impeached or removed from office. A criminal prosecution of deputies and senators is possible only if the chamber consents to it. And a criminal conviction does not result in the loss of a parliamentary or senatorial seat, even if an imprisonment is imposed.
On the other hand, the Constitution does not stipulate a similar rule regarding the rules of procedure of a lower chamber (Act no. 90/1995 Coll. on the Rules of Procedure of the Chamber of Deputies). The Rules of Procedure of the Lower House of Parliament are in the form of an ordinary law, so the Chamber of Deputies can override the Senate's disapproval by an absolute majority.
Both laws (as any other law) may be submitted to the Constitutional Court for a standard constitutional review according to Art. 87 para 1 (a) of the Constitution. Besides the statutory provisions enshrined in Act No. 107/1999 Coll., the Senate may regulate, by means of resolutions, its internal relations and rules of order. However, such a regulation must be carried out within the margins stipulated by the said act (Art. 1 para 2 of the Act No. 107/1999 Coll.). The internal regulations cannot be reviewed as such by the Constitutional Court.
i) financial
Only the Chamber of Deputies adopts bills on the state budget and the final state accounting (Art. 42 of the Constitution). The Senate is not entitled to adopt these laws even at the time when the Chamber of Deputies is dissolved (Art. 33 para 2 of the Constitution).
ii) legislative
In principle, the Chamber of Deputies submits bills which it has approved to the Senate (Art. 45 of the Constitution).
The Senate has several ways how to deal with submitted bills: a) adopt bills, b) reject them, c) return them to the Chamber of Deputies with proposed amendments, or d) declare its intention not to deal with them. If the Senate takes no action within thirty days of the submission, it shall be deemed to have adopted the bill (Art. 46 of the Constitution).
If the Senate rejects a bill, the Chamber of Deputies shall vote on it again. The bill is adopted if it is approved by an absolute majority of all Deputies (101). If the Senate returns a bill to the Chamber of Deputies with proposed amendments, the Chamber of Deputies shall vote on the version of the bill approved by the Senate. The bill is adopted by its resolution approved by a simple majority. If the Chamber of Deputies does not approve the version of the bill adopted by the Senate, it shall vote again on the version it submitted to the Senate. The bill is adopted if it is approved by an absolute majority of all Deputies (101). The Chamber of Deputies may not propose amendments in the course of a debate on a bill that has been rejected or returned to it. (Art. 47 of the Constitution).
The constutitional acts and their amendments (and consent to the ratification of international treaties) require qualified majority approval in both chambers (absolute 3/5 majority in the Chamber of Deputies, i.e. 120 votes, and relative qualified 3/5 majority of the present senators).
iii) oversight/control
The Senate exercises its control function toward to lower chamber by means of its power of rejecting and returning submitted bills (see item ii) above).
The Chamber of Deputies exercises control of the government. The government is responsible to it and must succeed in its vote of confidence according to Art. 68 of the Constitution.
iv) other specific powers, in particular as regards constitutional reforms, confidence motions, international treaties, etc.
Constitutional laws, election laws and rules of procedure of the Senate cannot be passed without the express consent of the Senate. (Articles 39 para 4 and 40 of the Constitution)
The Senate gives, together with the Chamber of Deputies, consent to the ratification of international treaties (Art. 10a para 1 of the Constitution) and declares a state of war, expresses consent to the presence of foreign troops on the territory of the Czechia or the dispatch of armed forces outside the Czech territory (Article 39 para 3 and 4 of the Constitution)
The President of the Senate announces the election of the President of the Republic.
The newly elected president takes the oath in the hands of the president of the Senate.
The president of the Senate also accepts the abdication of the president.
Only the Senate, with the consent of the Chamber of Deputies, can bring a lawsuit (impeachment) against the President of the Republic for a high treason or a gross violation of the Constitution or other segment of the constitutional order before the Constitutional Court.
Senate also approves the appointment of Constitutional Court judges proposed by the President of the Republic.
The Senate also proposes two candidates for the position of Public Defender of Rights and two candidates for his representative to the Chamber of Deputies that chooses among them and two candidates for each of those positions submitted by the President of the Republic.
v) interim powers (e. g. in case of dissolution of the first chamber)
When the Chamber of Deputies is dissolved, the Senate shall be empowered to adopt legislative measures concerning matters which cannot be delayed and which would otherwise require the adoption of a statute. They must be, however, ratified by the newly elected Chamber of Deputies at its first meeting. Should the Chamber of Deputies not ratify them, they shall cease to be in force. (Art. 33 of the Constitution). The Senate is not authorised, however, to adopt legislative measures concerning the Constitution, the state budget, the final state accounting, an electoral law, or treaties under Article 10 (Art. 33 para 2 of the Constitution). b) The specific appointment competencies mentioned above in item iv) require the concurrence of a simple majority of the Senators present (Art. 39 para 2 of the Constitution).
c) Both chambers are entitled to propose a bill. However, while any member or groups of members of the Chamber of Deputies may introduce a bill, it is not the same for the Senate, where only the Senate as a whole is entitled to do so (Art. 41 para 2).
See above other forms of parliamentary initiatives.
d) What happens in case of disagreement :
The relations between the chambres are regulated by Act No. 300/2017 Coll., on Principles of
Conduct and Interaction between the Chamber of Deputies and the Senate in Their Mutual Relations and Externally.
Regarding the case of disagreement concerning a proposed bill please see item ii) above.
The law does not set forth any specific mixed commission, however, chambres are entitled to establish ad hoc working groups (Art. 8 of the Act No. 300/2017 Coll.).
e)The Chamber of Deputies (see item ii) examines laws first.
f) The Government is responsible solely to the Chamber of Deputies.
g) Joint meeting of both chambers occurs only when the newly elected President of the Republic is sworn in to the office.
h) The Senate, together with the Chamber of Deputies, declares a state of war, expresses consent to the presence of foreign troops on the territory of the Czechia or the dispatch of armed forces outside Czech territory (Article 39 para 3 of the onstitution)