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CZECH REPUBLIC
Senat (Senate)

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

Modules:
GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Parlament / Parliament
More photos  >>>
Structure of parliament Bicameral
Chamber name (generic / translated) Senat / Senate
Related chamber (for bicameral parliaments) Poslanecka Snemovna / Chamber of Deputies
Affiliation to the IPU Yes
Affiliation date(s) 1921 - 1950
1955
1993 -
LEADERSHIP
President Milan Stech (M) 
Notes Elected on 24 Nov. 2010.
Secretary General Jiri Uklein (M) 
Notes 01.01.2012 -
COMPOSITION
Members (statutory / current number) 81 / 81
PERCENTAGE OF WOMEN


More statistics  >>>
Women (current number) 15 (18.52%)
Mode of designation directly elected 81
Term 6 years; one-third of the membership is renewed every two years.
Last renewal dates 15 October 2010
23 October 2010 (View details)
CONTACT INFORMATION
Address Senate
Valdstejnské námestí 4
118 01 PRAHA 1
(Export mailing lists)
Phone (4202) 57 07 11 11
Fax (4202) 57 53 44 99
E-mail krbecj@senat.cz
Website
http://www.senat.cz

ELECTORAL SYSTEM

Parliament name (generic / translated) Parlament / Parliament
Structure of parliament Bicameral
Chamber name (generic / translated) Senat / Senate
Related chamber (for bicameral parliaments) Poslanecka Snemovna / Chamber of Deputies
LEGAL FRAMEWORK
Electoral law 27 September 1995
Last amendment: 5 October 2006
Mode of designation directly elected 81
Constituencies 81 single-member constituencies.
Voting system Majority: Two-round system.
If necessary, a second round is held six days after the first round. No threshold is required to win a seat in the second round.
Vacancies arising between general elections are filled through by elections held within 90 days, except in the last year of the term of the Senator concerned.
Voting is not compulsory.
Voter requirements - age: 18 years
- Czech citizenship (including naturalized citizens)
- residence in the country at the time of the election
- disqualifications: restricted freedom of movement for public health reasons, legal incapacity to vote.
CANDIDATES
Eligibility - qualified electors
- age: 40 years
- Czech citizenship (including naturalized citizens)
- ineligibilities: insanity/mental illness, holders of temporary entry permits, undocumented immigrants, members of the Electoral Commission, restricted freedom of movement for public health reasons, legal incapacity to stand for election
Incompatibilities - President of the Republic
- judge, attorney or State arbiter
- member of the Chamber of Deputies
- head of a local authority
Candidacy requirements - by political parties, coalitions, or independents
- candidatures must be submitted at least 60 days prior to polling, accompanied by monetary deposit of Kcs 20,000, reimbursed if the candidate has obtained at least 6% of the vote in the constituency concerned.
- any contending party must have at least 10,000 members or supporters
- list of candidates in each district must be submitted at least 60 days prior to polling

LAST ELECTIONS

Parliament name (generic / translated) Parlament / Parliament
Structure of parliament Bicameral
Chamber name (generic / translated) Senat / Senate
Related chamber (for bicameral parliaments) Poslanecka Snemovna / Chamber of Deputies
BACKGROUND
Dates of election / renewal (from/to) (from/to)15 October 2010
23 October 2010
Timing and scope of renewal Elections were held for one-third (27) of the Senate seats upon the normal expiry of the members' term of office.
The 2010 elections to the Senate were the first to be held under Prime Minister Petr Necas of the Civic Democratic Party (ODS), who had taken office in August 2010. At stake were a third of the 81 seats in the Senate. The Senate elections were held against the backdrop of the new government's austerity plans.

When the Senate was last renewed, in October 2008, the Czech Social Democratic Party (CSSD) won the elections for the first time, taking 23 of the 27 seats at stake and bolstering its strength in the Senate to 29 seats in all. The ODS, led by the then Prime Minister, Mr. Mirek Topolanek, recorded its worst result, taking only three seats. With 35 seats in all, the ODS lost its absolute majority in the Senate. The Communist Party of Bohemia and Moravia (KSCM) took the remaining seat in play, for a total of three.

The country subsequently experienced a series of political stalemates. In March 2009, Prime Minister Topolanek lost a vote of confidence. The CSSD leader, Mr. Jiri Paroubek, had criticized the government on several issues, including its response to the economic crisis. It was the first time in the Czech Republic's history that the opposition succeeded in passing a no-confidence motion against the government. The ODS, the CSSD and the Greens (SZ) agreed to form a non-partisan caretaker government. In May, the then Head of the Czech Statistical Office, Mr. Jan Fisher, was sworn in as Acting Prime Minister. Early elections to the Chamber of Deputies, set for October 2009, did not take place because the Chamber of Deputies failed to pass the required constitutional amendment. The mandate of the caretaker government was consequently extended until elections to the Chamber of Deputies took place in May 2010 on the normal expiry of the legislature.

Those elections resulted in yet another stalemate, with no party securing a majority in the Chamber of Deputies. The CSSD came in first, taking 56 of the 200 seats at stake; it was closely followed by the ODS, which took 53 seats. Tradition Responsibility Prosperity 09 (TOP 09, a conservative party led by a former Foreign Minister, Mr. Karel Schwarzenberg), and the Public Affairs party (VV, led by former TV moderator Radek John) took 41 and 24 seats respectively. The remaining 26 seats went to the KSCM. The Christian Democratic Union-Czechoslovak People's Party (KDU-CSL) failed to win any seats in the Chamber of Deputies for the first time since the Czech Republic was founded in 1993.

After lengthy negotiations, a new coalition government comprising the ODS, TOP 09 and the VV was formed on 13 July. The new government, headed by Mr. Necas (ODS), won a vote of confidence on 10 August.

A record 227 candidates from 36 parties, groups and coalitions contested the 2010 Senate elections, which once again saw a duel between the ODS and the CSSD.

Although a Senate veto can be overturned by the Chamber of Deputies, where the governing coalition holds 118 of the 200 seats, the 2010 Senate elections were viewed as significant. A joint session of both chambers will elect the new president in 2013 when President Vaclav Klaus' term expires.

The country's fiscal deficit reached 5.8 per cent of gross domestic product (GDP) in 2009, almost twice the 3-per-cent limit set by the European Union. On assuming office in August, Mr. Necas' government proposed a series of reforms to reduce the deficit to 5.3 per cent of GDP in 2010. They included pension reform, a 10-per-cent reduction in public sector wages, retroactive taxing of home-buyer savings accounts, the abolition of welfare benefits, a VAT increase and the introduction of tuition fees at universities. The Senate elections were held amid heated debate over those plans.

Prime Minister Necas underscored that, just like any other government in Europe, his government needed to implement unpopular reforms "simply because they are necessary". He called on voters to support the governing coalition, arguing that a Senate dominated by the opposition would complicate the reform process and might push the Czech Republic to the margins of Europe, a view echoed by Finance Minister Miroslav Kalousek (TOP 09) and VV Chairman John. TOP 09, which formed an electoral coalition with Mayors and Independents (STAN), pledged to maintain the governing coalition regardless of the outcome of the Senate elections.

Acting CSSD leader Bohuslav Sobotka urged voters to support his party so as to prevent what he termed "the government's illegal plan". He argued that the proposed retroactive taxing of home-buyer savings accounts was unconstitutional. The CSSD pledged to amend the reform plans so that the 130,000 poorest families would be able to continue to receive welfare benefits. It criticized the government for refusing dialogue on the reform plans and underscored that the reforms must be discussed first. The KSCM of Mr. Vojtech Filip echoed the CSSD, accusing the ODS-led government of trying to pass 16 of the 32 reform bills in a shortened procedure in first reading without a discussion. Prime Minister Necas rebutted that since his government was only formed in August, it did not have enough time to prepare bills and allow the requisite time for debate. The CSSD tried to convince voters that a different opinion in the Senate election would allow the CSSD to start a public debate on the government's reform plans.

A record 44.59 per cent of 2.7 million registered voters turned out at the first round, the highest in the Senate's history, up from 39.52 per cent in 2008.

No candidate secured the required majority in the first round. The CSSD fared well, with its 22 candidates advancing to the second round, three more than its main rival, the ODS. Five candidates each from the STAN-TOP 09 coalition and the KDU-CSL also made it to the second round. In addition, two candidates from the Northern Bohemians (Severocesi.cz, a regional group) and another candidate from the non-partisan Nestranici in eastern Bohemia were vying for their first representation in the Senate.

In all, 24.64 per cent of 2.7 million registered voters turned out at the second round held on 22 and 23 October.

According to the final results, the CSSD came in first, taking 12 of the 27 seats at stake. This brought its total seats in the Senate to 41, allowing it to regain the majority. The ODS took eight seats, for 25 in all. The KDU-CSL and the STAN-TOP 09 coalition took two seats each, holding five seats each in all. The Northern Bohemians and Nestranici entered the Senate for the first time, winning two and one seat respectively. The KSCM-CSL failed to win any seats in 2010, and was left with two seats in all. Four women were elected in 2010, bringing the total number of women senators to 15.

On 24 November, the newly elected Senate held its first session and elected Mr. Milan Stech of the CSSD as its new President. He became the first CSSD member to head the Senate since the Senate's inception in 1996.
STATISTICS
Voter turnout
Round no 1 (from/to)15 October 2010
16 October 2010
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
2'774'178
1'237'072 (44.59%)
89'682
1'147'390
Notes
Round no 2 (from/to)22 October 2010
23 October 2010
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
2'774'982
683'705 (24.64%)
3'268
680'437
Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Round no 2
Political group Candidates Votes % of votes
Czech Social Democratic Party (CSSD)
Civic Democratic Party (ODS)
Christian Democratic Union - Czechoslovak People's Party (KDU - CSL)
Coalition of Mayors and Independents (STAN) - Tradition Responsibility Prosperity 09 (TOP 09)
Northern Bohemians (Severocesi.cz)
Communist Party of Bohemia and Moravia (KSCM)
Non-partisan (Nestranici)
Distribution of seats
Round no 1
Political Group Total of seats Seats 2010
Round no 2
Political Group Total of seats Seats 2010
Czech Social Democratic Party (CSSD) 41 12
Civic Democratic Party (ODS) 25 8
Christian Democratic Union - Czechoslovak People's Party (KDU - CSL) 5 2
Coalition of Mayors and Independents (STAN) - Tradition Responsibility Prosperity 09 (TOP 09) 5 2
Northern Bohemians (Severocesi.cz) 2 2
Communist Party of Bohemia and Moravia (KSCM) 2 0
Non-partisan (Nestranici) 1 1
Distribution of seats according to sex
Men

Women

Percent of women
23

4

14.81%
Distribution of seats according to age
41 to 50 years

51 to 60 years

61 to 70 years

Over 70 years

Unknown

13

43

22

2

1

Distribution of seats according to profession
Civil service and local authority administration

Physician, dentist

Architect, surveyor, engineer

Education profession

Research/sciences

Finance, management or business

Others

Trade union official

Entrepreneur

Journalism, broadcasting, media

Legal profession

Agriculture/farming

Writer, literary, artist

39

13

6

5

5

4

2

2

1

1

1

1

1

Comments
No candidate for the Senate was elected in the first round.

Note on the "Distribution of seats according to sex":
The "Distribution of seats according to sex" above shows the breakdown for the MPs elected in 2010: 4 women of 27 members or 14.81%.
After the 2010 elections, there were 15 women in all out of 81 members, or 18.52% (Senate 26.10.2010, 25.02.2011).

Sources:
- Senate (26.10.2010)
- http://www.volby.cz/pls/senat/se?xjazyk=EN&xdatum=20101015

PARLIAMENTARY MANDATE

Parliament name (generic / translated) Parlament / Parliament
Structure of parliament Bicameral
Chamber name (generic / translated) Senat / Senate
Related chamber (for bicameral parliaments) Poslanecka Snemovna / Chamber of Deputies
NATURE
Nature of the mandate · Free representation (Art. 26 of the Constitution of 01.01.1993)
Start of the mandate · On the election day (Art. 19 (3) of the Constitution)
Validation of mandates · Validation by the Central Election Board (S. 12 (6) of the Act No. 247 on Elections to the Parliament of the Czech Republic and on Amendments to Certain Other Acts)
· Procedure (S. 12 (1), and (4) to (6) of the Act No. 247 on Elections to the Parliament of the Czech Republic and on Amendments to Certain Other Acts)
End of the mandate · On the day when the legal term of the House ends (Art. 25 (b) of the Constitution; the Senate cannot be dissolved)
Can MPs resign? Yes · Yes, of their own free will (Art. 24 of the Constitution)
· Procedure (Art. 24 and 25 of the Constitution)
· Authority competent to accept the resignation: the resignation does not need to be accepted
Can MPs lose their mandate ? Yes (a) Loss of mandate for refusal to take the oath of office or taking it with reservations (Art. 25 (a) of the Constitution)
(b) Loss of mandate for loss of eligibility to hold office (Deprivation of competence to make legal transactions; Art. 25 (d) of the Constitution)
(c) Loss of mandate for incompatibilities (Art. 22 and 25 (f) of the Constitution)
(d) Loss of mandate by judicial decision:
- Rulings of the Constitutional Court in matters of doubt on the loss of eligibility and on the incompatibility of the post of senator
- Rulings of the Constitutional Court on corrective means against a decision in the matter of verifying the election of a senator (see Validation of mandates)
STATUS OF MEMBERS
Rank in hierarchy · Within Parliament:
1. The President
2. The Vice-President
3. The Chairpersons of committees
4. The Chairpersons of parliamentary groups, according to the number of group members
5. The other senators
· Outside Parliament: the customary order of precedence ranks the President of the Senate in the 2nd position, the Vice-Presidents of the Senate in the 7th position, and the other senators in the 11th position.
Indemnities, facilities and services · Diplomatic passport
· Basic salary (see Act No. 236/1995 Coll. on the Salary and Other Indemnities Associated with the Execution of the Office of Representatives of State Power and Some State Bodies and judges, in the wording of Act No. 138/1996 Coll.): 61,400 koruny (US$ 1 = 8.374 Czech koruny) per month
+ Additional allowance: according to position
· No exemption from tax for the basic salary and the additional allowance
· No special pension scheme
· Other facilities:
(a) Secretariat, including computers
(b) Assistants
(c) Official housing for the President
(d) Security guards for the President
(e) Postal and telephone services
(f) Travel and transport, including a travel allowance and an allowance for representation
Obligation to declare personal assets Yes
Parliamentary immunity - parliamentary non-accountability · The concept does exist (Art. 27 (1) and (2) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations:
· Non-accountability takes effect on the day when the mandate begins. It offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate under certain circumstances.
Parliamentary immunity - parliamentary inviolability · The concept does exist (Art. 27 (3) to (5) of the Constitution).
· It applies only to criminal proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations: in case of flagrante delicto, a senator may be held in custody. Further procedure (Art. 27 (5) of the Constitution).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal. However, MPs have the right to withhold testimony about matters of which they have learnt in connection with the performance of their official duties, even after they have ceased to be MPs (Art. 28 of the Constitution).
· Protection is provided from the start to the end of the mandate and also covers judicial proceedings instituted against MPs before their election. However, if the chamber has not been requested (or has not refused) to give its consent, the MP can be prosecuted after the expiry of the mandate.
· Parliamentary immunity (inviolability) can be lifted (Art. 27 (4) of the Constitution) (exception: minor offences; Art. 27 (3) of the Constitution):
- Competent authority: the Senate
In this case, MPs can be heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
EXERCISE OF THE MANDATE
Training · There is no training/initiation process on parliamentary practices and procedures for MPs.
Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings, committee meetings, and other bodies of the chamber of which they are members.
· Penalties foreseen in case of failure to fulfil this obligation (S. 38 of the Act No. 236/1995 Coll. on the Salary and Other Indemnities Associated with the Execution of the Office of Representatives of State Power and Some State Bodies and Judges): deduction of indemnities
Discipline
Code (rules) of conduct · This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 22 and 25 (f) of the Constitution; for the declaration of assets, see Obligation to declare personal assets).
· Penalties foreseen for violation of the code of conduct: loss of mandate (Art. 22 and 25 (f) of the Constitution; incompatibilities)
In this case, MPs have means of recourse.
Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 10 January 2012
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