President of the Czech Republic

President is the head of state, his competences and position are defined in the Constitution, Chapter 3 about executive power. This status, however, stems from the traditional organisation, rather than reflecting the character of his function. Any citizen of the Czech Republic older than 40 and with the right to vote can become president. Since 2012, president has been elected in a direct election. If no single candidate wins the first round with a majority of votes, the winner is decided in the second round between two most successful candidates. His term of office lasts for five years and cannot be elected more than twice in succession. In the past, president was elected indirectly in the Parliament, but also by acclamation (for example, Tomáš Garrigue Masaryk and the first communist presidents were elected in this way). The president has residence in Prague Castle, while his summer residence is in Lány Chateau.

President’s plays essential roles with respect to legislative power (he can participate in sessions of the chambers of Parliament, has the right to veto bills and calls for Parliamentary elections), executive power (appoints president of the government, accepts government resignations), judicial power (appoints judges, grants pardons and amnesties) and in foreign policy (represents the state externally, receives, accredits and recalls heads of diplomatic missions). He is also the supreme commander of the armed forces and appoints members of the Banking Council of the Czech National Bank.

The function of president and his responsibilities stem from two historical concepts. During the First Republic, president was not responsible for his functions and all his actions were countersigned by the government. On the contrary, according to the 1960 changes, president was fully responsible for his actions, but was limited by the factual role of the Communist Party. The current Constitution provides for two types of presidential actions. Actions listed in article 62 are performed by president independently, while those from article 63, paragraph 1 and 2, require the countersignature of the president of the government or another member of the government, who is then responsible for them. In spite of the relatively numerous powers, president has relatively low responsibility. He can only be accused of high treason or gross violation of the Constitution or of the constitutional order. Moreover, both the Senate and the Chamber of Deputies must consent to the charge by a qualified majority. President may not be criminally prosecuted nor prosecuted for misdemeanours while in office. The switch to direct elections increased the president’s responsibilities, although his powers somewhat exceed the status of presidents in parliamentary republics. Although the role of president is mainly representational and his role in domestic policy should be moderate, the incumbents have not always respected this. President’s status is clearly defined in the Constitution, although the absence of precise deadlines and even sanctions may give the false impression that his powers could be defined more broadly.