Constitutional Act on the Security of the Czech Republic (1998)

Constitutional Act of 22 April 1998 No. 110/1998 Sb., on the Security of the Czech Republic

(excerpts)

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Article 2

2. A state of emergency or condition of threat to the State is declared either in a
restricted area or for the entire territory of the State; a state of war is declared
for the entire territory of the State.

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B. State of Emergency
Article 5
1. The government may declare a state of emergency in cases of natural
catastrophe, ecological or industrial accident, or other danger which to a
significant extent threatens life, health, or property or domestic order or
security.
2. A state of emergency may not be declared on grounds of a strike held for the
protection of rights or of legitimate economic and social interests.
3. If delay would present a danger, the Prime Minister may declare a state of
emergency. Within 24 hours of the announcement thereof, the government
shall either ratify or annul his decision.
4. The government shall inform the Assembly of Deputies without unnecessary
delay that it has declared a state of emergency, which the Assembly of Deputies
may annul.

Article 6
1. A state of emergency may be declared only for the stated reasons, for a fixed
period, and in relation to a designated territorial area. Concurrently with its
declaration of the state of emergency, the government must specify which rights
prescribed in individual statutes shall, in conformity with the Charter of
Fundamental Rights and Basic Freedoms, be restricted, and to what extent, and
which duties shall be imposed, and to what extent. Detailed provisions shall be
laid down by statute.
2. A state of emergency may be declared for a period of no more than 30 days. The
stated period may be extended only with the prior consent of the Assembly of
Deputies.
3. A state of emergency ends upon the expiry of the period for which it was
declared, unless the government or the Assembly of Deputies decides to annul it
prior to the expiry of that period.

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F. The Prolongation of Electoral Terms


Article 10
If during a period of a state of emergency, a condition of threat to the State, or a state
of war, the conditions in the Czech Republic do not permit the holding of elections by
the deadline prescribed for regular electoral terms, the deadline may be extended by
statute, however for no longer than six months.

Article 11
During a period when the Assembly of Deputies is dissolved, the Senate shall be
competent:
a. to decide on the extension or termination of a state of emergency, to
declare a condition of threat to the State or a state of war, and to decide on
the Czech Republic’s participation in defensive systems of international
organizations of which the Czech Republic is a member;
b. give consent to sending the armed forces of the Czech Republic outside the
territory of the Czech Republic or to the stationing of the armed forces of
other states within the territory of the Czech Republic, unless such
decisions are reserved to the government.

Article 12
A decision to declare state of emergency, a condition of threat to the State, or a state
of war shall be made public by means of the mass media and shall be promulgated
just like a statute. It enters into effect at the moment provided for in the decision.

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