The Czech general election "may not take place in October"

2. 9. 2009 / Jan Čulík

The Member of Parliament Miloš Melčák has complained to the Constitutional Court saying that the decision to hold a premature general election in October, after the Topolánek government lost a vote of confidence in Parliament in the spring, is non-constitutional. Melčák argues that "he has been elected for a four year term of office" and no one should legally be entitled to shorten this term. He argues that the decision of the Czech Parliament, after the vote of non-confidence, to shorten its term of office and to declare an extraordinary general election in October, is unconstitutional. The MPs have allegedly used "extraordinary" means and this is not justified, argues Melčák. The political situation in the Czech Republic isn't extraordinary.

The Czech Constitutional Court issued a "preliminary decision", in response to Melčák's complaint, whereby it has suspended the planned general election until it has made a decision about his complaint.

On Wednesday morning, Czech President Václav Klaus, the provisional premier Jan Fischer and the heads of both main Czech political parties as well as the heads of both chambers of Czech Parliament met at the Prague Castle to discuss the constitutional "crisis". They have set up a "group of experts" who are to propose a quick, permanent change to the Czech constitution so that the general election can take place on 9th and 10th October 2009 after all. Mr. Melčák's legal council said that he will submit a complaint against such a change as well, since it is wrong to change the Constitution "on a whim".

The fact that twenty years after the fall of communism the Czech Republic doesn't have a regular procedure how legally to organise a general election after a vote of non-confidence in Parliament is surely remarkable.

Občasník vydávaný v angličtině, shrnující nejdůležitější články z BL FOCUS ON THE CZECH REPUBLIC


Obsah vydání | Pátek 26.2. 2010