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Direct Democracy

Czech Republic Czech Republic

DD002

Direct Democracy Provisions (National Level)
Question:Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer: a. Yes
Comments: Art. 2: (2) A Constitutional Act may define when the people exercise state power directly.
Source: Constitution: Constitution of the Czech Republic of December 16, 1992 (Amended by Act No. 515/2002 Coll.), art. 2(2). https://www.constituteproject.org/constitution/Czech_Republic_2013?lang=en (2017)
Verified: 2018/03/02
(Found a mistake? Please let us know.)
DD003

Mandatory referendums (national level)
Question:Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer: a. Yes
Comments: Constitutional Act: Article 1: (1) The accession of the Czech Republic to the European Union may only be decided on in a referendum.
Source: Constitution: Constitution of the Czech Republic of December 16, 1992 (Amended by Act No. 515/2002 Coll.), Appendix C article 1-6 https://www.constituteproject.org/constitution/Czech_Republic_2013?lang=en (2017) Constitutional act: Constitutional Act of Law No. 515/2002 Coll. of November 14th, 2002, on the referendum on accession of the Czech Republic to the European Union and the change of Constitutional Act of Law No. 1/1993 Coll., the Constitution of the Czech Republic, as amended, art. 1(1).
Verified: 2018/03/02
(Found a mistake? Please let us know.)
DD004

Optional referendums (national level)
Question:Are there any Legal Provisions for Optional Referendums at the national level?
Answer: b. No
Comments: Art. 2: (2) A Constitutional Act may define when the people exercise state power directly. --despite the above procedure, there does not appear to be any constitutional act that outlines how citizens may petition the government to force a referendum--
Source: Constitution: Constitution of the Czech Republic of December 16, 1992 (Amended by Act No. 515/2002 Coll.), art. 2(2). https://www.constituteproject.org/constitution/Czech_Republic_2013?lang=en (2017)
Verified: 2018/03/02
(Found a mistake? Please let us know.)
DD005

Citizens' Initiatives (national level)
Question:Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer: b. No
Comments: --while no formal legislation on citizens' initiatives, citizens do have the right to petition... Other EU member states have more outline procedures on Citizens' Initiatives-- Article 18: 1. The right of petition is guaranteed; in matters of public or other communal interest, everyone has the right, on her own or together with other individuals, to address state bodies or territorial self-governing bodies with requests, proposals, or complaints.
Source: Constitution of the Czech Republic (Article 18) https://www.constituteproject.org/constitution/Czech_Republic_2013?lang=en The European Citizens' Initiative? http://ec.europa.eu/citizens-initiative/public/faq#q1
Verified: 2018/03/02
(Found a mistake? Please let us know.)
DD006

Agenda Initiatives (national level)
Question:Are there any Legal Provisions for Agenda Initiatives at national level?
Answer: b. No
Comments:
Source: Constitution of the Czech Republic https://www.constituteproject.org/constitution/Czech_Republic_2013?lang=en
Verified: 2018/03/02
(Found a mistake? Please let us know.)
DD007


Question:Are there any Legal Provisions for Recalls at national level?
Answer: b. No
Comments: --there are procedures on the recalling of candidates pre-election, but not the recalling of elected officials... essentially only the parties can recall their authorized representatives-- Act 275: (5) A political party, political movement or coalition performs acts in matters relating to the elections through its authorised representative. Authorized representatives or their substitutes are natural persons specified as such on the candidate list. Such persons shall not be younger than 18 years, have limited legal capacity)2 or be a candidate themselves. The political party, political -39- movement or coalition is bound by the acts performed by its representative in election-related matters. Each political party, political movement or coalition may recall its authorised representative or his/her substitute. In such case, the authorisation shall expire as of the delivery of the notice of recalling to the respective regional authority Article 61 (3): (3) A person younger than 18 years, a person with limited legal liability)2 or a candidate shall not become an authorised representative. The political party, political movement or coalition shall be bound by the acts performed by its representative in election-related matters. Every political party, political movement or coalition may recall its authorised representative by a notice in writing; the authorisation shall be terminated as of the delivery of the notice to the authorised municipal office at the seat of the electoral constituency. Independent candidates shall have no authorised representatives ACT 247: (1) Any candidate may resign from his/her nomination provided the resignation statement be made in writing prior to the opening of the election. The same procedure applies should a Political Party or coalition, through the instrumentality of its agent, wish to recall the candidate whom the party/coalition has nominated
Source: Constitution of the Czech Republic https://www.constituteproject.org/constitution/Czech_Republic_2013?lang=en ACT No 275 of 27 September 1995 on Elections to the Parliament of the Czech Republic and on the Amendment of Certain Other Laws Article 32 (5) and Article 61 (3) http://www.legislationline.org/search/runSearch/1/key/recall/country/35/rows/10/type/1 Czech Republic: Act No. 247 on Elections to the Parliament of the Czech Republic and on Amendments of Certain Other Acts (Article 66)(1995) http://aceproject.org/ero-en/regions/europe/CZ/czech-republic-act-no.-247-on-elections-to-the/view
Verified: 2018/03/02
(Found a mistake? Please let us know.)
DD129


Question:Are the results of referenda always binding, never binding or sometimes binding?
Answer: a. Always binding
Comments: --only information about EU referendum available though--
Source: Constitution of the Czech Republic https://www.constituteproject.org/constitution/Czech_Republic_2013?lang=en
Verified: 2018/03/02
(Found a mistake? Please let us know.)
DD130


Question:Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer: b. Only other issues than constitutional changes
Comments: Again, only rules on referenda dealing with the EU accession
Source: Constitution of the Czech Republic https://www.constituteproject.org/constitution/Czech_Republic_2013?lang=en
Verified: 2018/03/02
(Found a mistake? Please let us know.)
DD131


Question:Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer: a. Yes
Comments: There are legal provisions for Direct Democracy at local level.
Source: Constitution of the Czech Republic https://www.constituteproject.org/constitution/Czech_Republic_2013?lang=en
Verified: 2018/03/02
(Found a mistake? Please let us know.)
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