Possible steps after the election: Mandate of the Prime Minister, Chamber of Deputies and dismissal of Zeman

President Miloš Zeman’s state of health, which ended a day after the announcement of the hospital election results, raised questions about how the government would be formed. Zeman Castle is hiding its status, and it is unclear whether it will be able to participate in post-election negotiations. Aktuálně.cz provides an overview of the steps Zeman could take, as well as in terms of his inability to carry out the post of the Chamber of Deputies.

If Zeman’s health disorder is short-lived, it may not affect negotiations to form a new government. Zeman can only appoint a new prime minister after October 20, when the term of the old assembly expires. Only then will the Babi government resign and Zeman can appoint a new minister.

However, if the president is unable to do so because of his health, deputies and senators, by a simple majority, can agree to remove his powers. They will use Article 66 of the Constitution to do so. The power to appoint a new prime minister is then passed to the head of the house.

“It is clear that the state of health is creating an obstacle for the president. Article 66 of the constitution, which talks about serious reasons for not holding the presidency, is unknown. We don’t know the diagnosis, but we see that the president’s ability to hold office is weakening and declining,” attorney Jan Kysela told News List.

The head of the Constitutional Law Department at Charles University School of Law, Marek Antoš, told Hospodářské noviny that he would only appoint a new prime minister to replace the current chairman, Radek Vondráček (YA). “The old government resigned only after the inauguration meeting, it was impossible to appoint a new government before,” he said. In addition, the new Chamber of Deputies, which will house the majority of the current opposition dual party Joint and Pirates with STAN, has a much better chance of taking action.

According to the constitution, if Zeman does not convene a new Chamber of Deputies meeting, it will meet on the 30th day after the election, i.e. November 8. Representatives from the Together and Pirates coalition have stated the mayor that they will choose someone from among their members of the House of Representatives. Thus, it is highly likely that if the president is ousted, Andrej Babi (YES) will not become prime minister, but it is the chairman of the ODS, Petr Fiala, who has a real chance for his eventual government to gain confidence in the Chamber of Deputies.

The extreme variant is the Zeman appeal

However, the constitution envisages that revoking presidential powers is an extreme option. It is very important to activate Article 66 that the President is not able to carry out his office. Under certain circumstances, it also allows him to defend himself against losing his power before the Constitutional Court.

At the encouragement of its chairman Pavel Fischer, the Senate (Independent) Committee on Foreign Affairs, Defense and Security began discussing whether to remove Zeman from power in the spring. At the time, however, it wasn’t because of Zeman’s health, but in connection with the Vrbětice explosion case or with attitude in the case of a new case.

According to Fischer, the president has shown that he does not distinguish between classified information, cites the constitution incorrectly and does not orient himself in time and space. Lawyers approached by the Senate, however, described the material as insufficiently substantiated. So far it has not been discussed in the plenary.

According to Fischer, it would be good to continue the debate now. “If we don’t ask the necessary questions in time, we could reach the threshold of a constitutional crisis. Our committee’s proposal to activate Article 66 of the Constitution is on the table. It depends on the will of the senators and deputies. You have to ask them separately. My signature relates to the protection of the office of the President of the Republic and the security of the country,” Fischer said.

Senate President Miloš Vystrčil (ODS) said on Friday that there was no time to consider the use of Article 66 of the Czech Constitution in relation to Miloš Zeman’s state of health. On Sunday, Zeman neighborhood He askedto show whether the President can carry out his office. And on Tuesday, he asked castle chancellor Vratislav Mynář for information about Zeman’s expected health development. He was entrusted with this by the Senate Organizing Committee. Senators fear Zeman will now be unable to run for office. Zeman is scheduled to start post-election talks this week to form a new government.

However, if the president’s health conditions allow, the possibility that Zeman announced earlier is still at stake, namely to appoint Andrei Babi as chairman of the strongest party, not a coalition, to form a government. “If a relatively strong party puts on two or three five percent barrels, that’s a scam,” he said of the coalition alliance, which, however, explicitly allows legislation as a relevant way to run in the Chamber of Deputies.

The government must ask for trust within 30 days

The law provides that within 30 days of appointment, the government proposed by the Prime Minister appears before the Chamber of Deputies and asks for confidence. It is very likely that the government formed by Babi will not gain the trust of the Chamber of Deputies, in which case the president may choose another candidate or give Babi a second attempt to form a government.

Governments formed in this way must again appear before the Chamber of Deputies with a request for confidence within 30 days. If he still does not get it, the President of the Republic must appoint the Prime Minister at the suggestion of the Chair of the Chamber of Deputies. The two coalitions have announced that they will not hand over the position of Speaker of the DPR to the YES movement. The formation of the government would then depend on the representatives of one of the coalitions, who would win a seat in the Chamber of Deputies.

However, the constitution does not provide for the possibility that the president can leave the government without confidence immediately after the first attempt to form a resignation decision. Such a possibility has been criticized by constitutional jurists.

“In the past, Babi had enough control over the cabinet, its apparatus, and produce laws to implement its programmes, and he had the opportunity to seek support for him in the Chamber. Now he has no chance. It goes against parliamentary logic.” the political process, which he thinks is right that the government is decided in parliamentary elections, not at the Palace or in Lány,” constitutional lawyer Jan Kysela told Aktuálně.cz.

Whether the YES movement will be able to count on Zeman’s support, and thus for negotiations over the following months, remains unclear after Sunday morning. Pig, behind the head of state, came to Lány on Sunday to make an appointment. He spoke of the meeting with the president, who has not been part of the post-election negotiations. However, he left the presidential residence after three-quarters of an hour without comment, and it is unclear whether the two politicians met at all. Zeman was immediately taken by a mobile intensive care unit to the Central Military Hospital.

Zeman later canceled Wednesday’s planned meeting with Babi. The negotiations concern the post-election situation. Petr Fiala, chairman of the coalition winning Bersama, also wanted to invite him to meet, but according to him, the request was not made because of the president’s health condition.

Post-election options in the following days

  • The new Chamber of Deputies can meet no earlier than the day after the end of his term previous DPR period, which ended on October 21.
  • Meeting of newly elected members hosted by President from the Republic.
  • If President Miloš Zeman is not allowed to do so because of his medical condition, the new MP DPR must meet on November 8th.
  • The inaugural session ends when the new speaker of the lower house of parliament is elected. Only after the election of a new chairman, the current government of Andrei Babi will resign.
  • President of the Republic appoint a new prime minister, there is no time limit in this step. The new prime minister must be no later than 30 days after his appointment ask for the trust of the Chamber of Deputies.
  • If the new prime minister does not gain confidence, the president of the republic he also has a second promise attempt new prime minister. For the third time, he appointed a new prime minister Chairman of the Chamber of Deputies.
  • If the President of the Republic is unable to carry out his functions, for example, the Chamber of Deputies and the Senate agree, the new Prime Minister is appointed by the President of the Republic at the proposal of the President of the Republic. Chairman of the Chamber of Deputies.

Julia Craig

"Certified bacon geek. Evil social media fanatic. Music practitioner. Communicator."

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