Czech and Slovak Presidents: Between Parliamentarism and Semi- Presidentialism?

Similar documents
PEOPLE VS POWER / TNP SUMMER 2011

Separation of Powers

Parliamentary vs. Presidential Systems

Advanced Placement U.S. Comparative Government Extra Credit Assignment

American History 11R

US Constitution. Articles I-VII

The Legislative Branch

UNITED STATES CONSTITUTION TEST REVIEW

Indicate the answer choice that best completes the statement or answers the question.

Article I. Article III. Article IV. Article V. Article VI. Article VII

Constitution Scavenger Hunt Anagram

Class Period THE US CONSTITUTION. 2. Compare Article I with Article II. Which article is longer and more detailed? WHY do you suppose it s longer?

Course Outcome Summary American Government/Survey of Government

AP US Government & Politics Summer Assignment 2017

UNIT 3: THE LEGISLATIVE BRANCH

AP Government THE US CONSTITUTION STUDY GUIDE

Czech Republic - Constitution Adopted on: 16 Dec 1992

Constitution Quest PART I - THE OVERALL STRUCTURE OF THE CONSTITUTION

This assignment must be completed in your own words. Copying or sharing answers is unacceptable and will face academic dishonesty consequences.

Czech Republic's Constitution of 1993 with Amendments through 2013

1. What are the requirements for becoming a Representative? How long do they serve?

Unit #11: The National Government

Chapter 5.1 I. Understanding the Constitution

The Constitution of the Czech Republic

Name Due Date: September 9, AP US Government & Politics Unit I: Constitutional Underpinnings and Federalism THE US CONSTITUTION STUDY GUIDE

A copy of the US Constitution is available at: or in the textbook

The Articles of Confederation (Simplified) Approved by all 13 states between 1777 and 1781.

AP Government THE US CONSTITUTION Available at: Wilson text pages A4-A20 (Appendix at the end of the book)

Federal Constitution Study Guide

The Executive Branch

Slovakia: Record holder in the lowest turnout

AP Gov - Plank Summer Assignment - The Constitution Name: Prd:

Czech Republic's Constitution of 1993 with Amendments through 2002

9.3. The Legislative Branch Makes Laws For the framers of the Constitution,

THE CONSTITUTION OF KENYA, 2010

AP Government and Politics THE US CONSTITUTION STUDY GUIDE Available at:

Advanced Placement United States Government & Politics Summer Assignment

Measuring Presidential Power in Post-Communist Countries: Rectification of Mistakes 1

AP AMERICAN GOVERNMENT UNIT 5: GOVERNMENT INSTITUTIONS FRQ s

Article I: Sec 1: Sec 2: Sec 3: Sec 4: Sec 5: Sec 6: Sec 7: Sec 8: Sec 9: Sec. 10: Article II: Sec 1: Sec 2:

Carnegie Mellon University Student Senate Bylaws

Unit 4 Learning Objectives

Three Branches of the American Government Packet

AP AMERICAN GOVERNMENT UNIT 5: GOVERNMENT INSTITUTIONS FRQ s

Guided Notes: Articles of the Constitution. Name: Date: Per: Score: /5

Impeachment Procedures against Presidents in Central and South-East European Democracies. A Comparative Constitutional Approach

Federal Constitution Test Review & Study Guide

Chapter Eleven: The President

Due Date: Monday, August 20 th, 2018 (first day of school)

The Constitution. Name: The Law of the Land. What Does Our Constitution Look Like?

Exceptions to Symmetry. Congress: The Legislative Branch. In comparative perspective, Congress is unusual.

CONGRESSIONAL ELECTIONS

It s the Constitution

Constitution Detectives

The Constitution. Name: The Law of the Land. What Does Our Constitution Look Like? The Constitution s Table of Contents

The Legislative Branch

due date: Monday, August 29 (first day of school) estimated time: 3-4 hours (for planning purposes only; work until you finish)

AP United States Government and Politics Constitution Breakdown

Popular Sovereignty. Limited Government. Separation of Powers. Checks and Balances. Judicial Review. Federalism

PROFESSIONAL TEACHING STANDARDS BOARD. United States Constitution Study Guide

EOC Civics Unit #4 Review. Organization and Function of Government

Constitution Cheat Sheet

AP Government & Politics CH. 11 & 13 Unit Exam b. Joint d. pork barrel

3 Branches of Government

AP Government THE US CONSTITUTION STUDY GUIDE. Welcome to AP GoPo!

Constitution of the Czech Republic


Name: Class: Date: ID: A

To make the nation s laws. Congress. 2 years. 6 years. Unit IV Flash Card Review. 2. Who is the head of the Legislative Branch?

CONSTITUTION OF THE CZECH REPUBLIC. of 16 December No. 1/1993 Sb.

Nine of the 13 states had to approve the Constitution in. order for it to be the law of the land. This happened on June 21,

THE US CONSTITUTION STUDY GUIDE Available at:

Six Big Ideas in the Constitution

Carnegie Mellon University Student Senate Bylaws

FEDERAL GOVERNMENT GOVT Limited Government & Representative Government September 18, Dr. Michael Sullivan. MoWe 5:30-6:50 MoWe 7-8:30

The Czech National Council has enacted the following Constitutional Act:

Factsheet on the judiciary in the Netherlands

CHAPTER 14 The Presidency in Action

Quiz # 5 Chapter 14 The Executive Branch (President)

The Presidency in Action

Constitution of the Czech Republic

AP Government and Politics POLITICAL NEWS JOURNAL

SECTION 1 The Growth of Presidential Power. SECTION 2 The President s Executive Powers. SECTION 3 Diplomatic and Military Powers

Constitution Unit Test

Advanced Placement U.S. Government and Politics Summer Assignment. Mr. Green and Ms. Jeanblanc

Government Final Exam Study Guide

The Constitution. Name: The Law of the Land. What Does Our Constitution Look Like?

THE CONSTITUTION OF THE UNITED STATES

The Legislative Branch

INRL CONTEMPORARY STATE SYSTEMS UNITED STATES

Chapter VIII : The Executive THE EXECUTIVE

Table on the ratification process of amendment of art. 136 TFEU, ESM Treaty and Fiscal Compact 1 Foreword

"FOR A EUROPE OF REGIONS AND CITIES: THE VIEW OF YOUNG PEOPLE" 1 April 2014 Committee of the Regions

Constitution of the Czech Republic. of 16 December 1992

Unit Objectives. Legis= Latin root for law

SS.7.C.2.4 Evaluate rights contained in the Bill of Rights and other amendments to the Constitution

Chapter 3: The Constitution Section 3

Commander in Chief - War powers

THE CONSTITUTIONAL ASPECTS OF COUNTERSIGNATURE IN CENTRAL AND EASTERN EUROPEAN COUNTRIES

Flash Eurobarometer 431. Report. Electoral Rights

Transcription:

Czech and Slovak Presidents: Between Parliamentarism and Semi- Presidentialism? Petr Just Department of Political Science and Humanities Metropolitam University Prague (CZ) Presented at the 24th World Congress of Political Science, Poznań (PL), 28 July 2016.

INTRODUCTION aim of the presentation => NOT to discuss pros and cons of direct presidential elections aim of the presentation => to show how overall constitutional position of Czech and Slovak Presidents has changed since the electoral reform direct presidential elections => one of characteristics of semi-presidentialism, HOWEVER, not the only one (although there are authors for whom this is sufficient criterion to classify regime as semi-presidential, e.g. R. Elgie)

INTRODUCTION direct presidential elections often explained as strengthening the Presidents and their role in the political system although the way Presidents are elected determines their position in the system, if not accompanied by appropriate powers the strength can be only subjective, illusive or even danger mainly used by the office-holders for justification of their more active approach in political matters and acts

INTRODUCTION direct presidential elections > most visible and most discussed constitutional reforms in both CZ and SK since independence SK: change adopted in 1999 => mainly due to several consecutive failed attempts to elect the President by the Parliament during 1998 CZ: change adopted in 2012, first direct elections held in 2013 => no particular relevant reason (although advocates argued also by avoiding possible deadlocks if elected by Parliament)

CZ, SK: COMMON FEATURES adoption of direct presidential elections connected with either attempted or even successfully achieved limitation of presidential powers on the other hand there were not any relevant attempt to strengthen presidential powers during discussion on direct elections reflects the legislators intention to maintain parliamentarism and NOT to transform the systems to semi-presidentialism

SLOVAKIA changes in presidential powers passed in connection with the election change in 1999: no more power to preside over the Cabinet sessions (if attended by the President) => presiding over Cabinet sessions is more semi-presidential feature no more power to veto constitutional laws (CZ president has never had this power, also due to the existence of Senate and special procedure of passing constitutional laws in bicameral systems) co-signing of some of the president s decisions by the PM or assigned minister (was not in Constitution before)

CZECH REPUBLIC changes in presidential powers passed in connection with election change in 2012: limitation of awarding pardons (certain pardons were moved from exclusive presidential powers to powers where co-signature of PM or assigned minister is required) intensive discussion about presidential power to appoint members of the Czech National Bank Board (not passed, but the issue still on the agenda of any possible changes in future)

CZ, SK: DIFFERENT FEATURES in both countries => reform of the presidential removal Slovakia: loosening by adding one more way to remove the President => directly by voters (after such motion is initiated by the Parliament) impeachment by the Parliament for treason and serious violation of Constitution (trial before the Constitutional Court) remained

CZ, SK: DIFFERENT FEATURES Czech Republic only impeachment, no possibility of direct removal (although discussed during the legislative process, but only as minority and marginal issue, nobody really advocated such change) to impeach the President is even more difficult after the change as both chambers of the Parliament must pass the impeachment article (not just the Senate as it was before)

SK: CHANGES AFTERWARDS major change in President s position resulted from 2011 constitutional amendment that followed after failure of Iveta Radičová Cabinet amendment limits the powers of Cabinet that lost confidence, newly there are 3 groups of powers: powers that Cabinet is allowed to execute autonomously even without confidence (listed exhaustively) power that Cabinet can execute only after previous confirmation by the president (listed exhaustively) powers that Cabinet is forbidden to execute without confidence at all (not listed, remaining powers)

SK: CHANGES AFTERWARDS what are the powers where previous President s confirmation is required? powers to appoint and dismiss state officers and members of Judicial Council any powers that do not arise from the Constitution, but from other laws powers Cabinet is forbidden to execute include: strategic economic, social or foreign policy decisions asking Constitutional Court to review the compatibility of signed international treaties with constitutional system......... etc.

SK: CHANGES AFTERWARDS this change is contradictory with the parliamentary form of government SK president is politically irresponsible (that is why some of his acts must be co-signed by the PM) 2011 amendment => Cabinet is in some of its decisions dependent on co-signature of politically irresponsible president who is responsible for such decisions implementation of some kind of temporary (emergency) semi-presidentialism

CZ: CHANGES AFTERWARDS 2015 = after 2,5 years of experience with directly elected President > constitutional changes initiated one of the main features of proposed changes = to refine presidential powers (proposal does not operate with term limit ): appointment of the CNB Board members after Senate confirmation (same as Constitutional Court justices) impeachment proposal could be newly passed and submitted by any (one) parliamentary chamber (not just by the Senate or eve by both, but by any chamber) clarification of appointments of Supreme Court officials

CONCLUSION CZ, SK = both parliamentary systems with directly elected Presidents SK = generally lacks historic presidential tradition, on the other hand longer tradition of direct elections (1999), limited powers during implementation of direct elections, but later slightly strengthened CZ = rich presidential tradition, direct elections came late (2012) despite intensive discussions about its adoption in past, presidential powers limited only slightly during change of election form

Thank you for your attention! petr.just@mup.cz