How are laws made and what influences their validity and effectiveness?

JUDr. Ondřej Preuss, Ph.D.
9. June 2025
9 minutes of reading
9 minutes of reading
Other legal issues

Laws determine the framework of our lives. They affect when we pay taxes, how we are protected at work, what we can do in business or how we resolve disputes. Yet many people do not know how laws are actually made, who passes them, what their validity and effectiveness mean, or what an amendment to a law is. In this article, we have prepared a comprehensive look at the legislative process and legislation in the Czech Republic.

Who passes laws and who proposes them

Laws in the Czech Republic are passed by the Parliament, which consists of the Chamber of Deputies and the Senate. The legislative initiative – the right to propose a law – belongs to several entities: individual MPs and groups of MPs, the Senate as a whole, the government and regional councils.

In practice, most bills come from the government. This is logical because the government has a professional apparatus, provides public administration and responds to the needs of the state. Parliamentary proposals more often have a political or topical social motive.

The step-by-step legislative process

When it is said that ‘someone has proposed a law’, it is a bill (called a ‘parliamentary press’) that reaches the Chamber of Deputies. There are several stages after this proposal:

1.First reading: this is when MPs decide whether to deal with the proposal at all. They can reject the bill at this point. If it passes, it goes to committees.

2. Second reading: this is where the proposal is discussed in detail. MEPs propose changes (called amendments), discuss the details, and the bill can change shape significantly.

3. Third reading: Members vote on the proposal as a whole. If the bill is passed, it is sent to the Senate.

4.Senate: the Senate can approve the bill, return it with amendments, or reject it. If it rejects it, the Chamber of Deputies can override its veto by a supermajority of all deputies (i.e. at least 101 votes). Once the Senate passes the bill or the Chamber of Deputies overrides it, the President has the floor.

5. President: the signed law goes to Prague Castle. The President has the right to veto the law – that is, to send it back to the Chamber of Deputies. However, a veto can be overridden just like in the Senate.

6. Promulgation in the Collection of Laws: the law only comes into force after it is promulgated in the Collection of Laws. This collection is maintained by the Ministry of the Interior and is publicly available (among other places, at www.sbirka.cz). The law is published therein in its full text, including amendments and other changes where appropriate. Selected laws can also be found on our website in the laws section.

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What the validity and effectiveness of the law means

The validity and effectiveness of a law are two terms that are often confused but are of fundamental importance:

  • A law comesinto force when it is promulgated in the Collection of Laws. It enters the legal system when the law is enacted.
  • The effectiveness of a law means that it is binding and must be obeyed by every addressee of the law (citizen, authority, company, etc.). The effectiveness can start immediately (typically on the 15th day after promulgation) or it can be postponed – for example, to the beginning of the new year.

For example: Act No. 321/2025 Coll. was promulgated on 15 June 2025. The transitional provisions state that it takes effect on 1 January 2026.

Amendment of the law – what is it and why is it being implemented?

The legal order is a living organism. Laws change, adapt to practice, respond to changes in society. This process is called amendment of the law.

An amendment to a law is a piece of legislation that changes another law. An amendment to a law may change individual words or wording, add new sections or repeal obsolete provisions.

In practice, we see amendments all the time. A typical example is tax legislation – every year there are changes in rates, exemptions, limits, etc.

How to know if it is an amendment? It is usually not stated in the title of the law. However, in the introduction of the text there is usually the wording: ‘Act No. XYZ/XXXX Coll. is amended as follows: …”. Everything then follows in the form of amending paragraphs.

How are laws repealed?

A law can be removed from the legal system in several ways:

  1. Explicitly

The new law contains an article repealing another law (called derogation). This is the most common and clearest form of repeal. A new law or amendment to a law contains a so-called derogation clause, which explicitly states that a particular law, or a specific provision of a law, is repealed. This method is clear and legally clean – the addressees of the law and lawyers know immediately that a particular law is no longer valid.

  1. The loss of effectiveness

Some laws are designed to be temporary – for example, emergency laws that respond to exceptional situations (e.g. pandemics, natural disasters, refugee crises). These laws contain a provision that they are only in force for a certain period of time or until a certain point in time (the so-called time clause). After this period, the law loses its effectiveness – it is therefore not legally binding and ceases to be applied. For example, the law on certain emergency measures in connection with the pandemic covid-19 had an effective date of 31 December of that year. After that date, it ‘disappears’ from the legal order.

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  1. Decision of the Constitutional Court

The third, rather specific way is the intervention of the Constitutional Court. If a law or a part of it is contrary to the Constitution of the Czech Republic, the Charter of Fundamental Rights and Freedoms or the constitutional order in general, the Constitutional Court may decide to repeal it. This process usually follows a petition – for example, by a group of MPs or senators, or on the basis of a constitutional complaint by an individual.

The Constitutional Court then examines whether the challenged law is compatible with the constitutional order. If it concludes that the law violates constitutional principles (e.g. equality before the law, the right to do business, freedom of expression, etc.), it may annul the law or parts of it by its ruling. This decision has a strong impact – the law (or a specific provision of it) ceases to apply.

Which law takes precedence?

The legal order of the Czech Republic has a precise structure. Different rules have different legal force – i.e. “force of authority” in conflict with other rules. The hierarchy is as follows:

  1. Constitutional laws and the Constitution – the basic rules of the state (e.g. the Charter of Fundamental Rights and Freedoms).
  2. Laws – ordinary legislation passed by parliament.
  3. Government decrees, ministerial decrees and municipal decrees – so-called sub-legislative regulations that must comply with the law.

For example, if a government decree contradicts a law, the law applies. If a law is contrary to the constitutional order, the Constitutional Court can overturn it.

Where to find laws and how to understand them

The official source is the Collection of Laws, which is now also available online. You can also find selected laws on our website. When reading a law, always check the current wording. A 2006 law may be very different today after ten amendments.

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The law is not static, watch for changes

The legal environment is evolving. Every year, dozens of amendments to laws pass through Parliament, new regulations are created and conditions for citizens and businesses change. That’s why it’s important to keep track of changes to the law, compare old and new wording, and consult experts when in doubt.

Our law firm is your partner not only in resolving disputes, but also in navigating the changing law. The law should be clear and predictable – only then can people navigate it well. When you know what laws apply, you can safely follow them, whether you are an employee, a business or even a municipality.

Summary

Laws in the Czech Republic are drafted by the government, MPs, the Senate or regional councils and passed by parliament – the Chamber of Deputies and the Senate. The legislative process involves three readings in the Chamber of Deputies, a debate in the Senate, the signature of the President and publication in the Collection of Laws, whereby the law comes into force. The law becomes effective only from the date on which the public must comply with it – usually on or after the 15th day after promulgation. Laws are often amended, i.e. modified or supplemented, to respond to developments in society. They can be repealed explicitly by a new law, by expiry (for temporary laws), or by a decision of the Constitutional Court when they are in conflict with the Constitution. In the legal hierarchy, constitutional laws have the highest force, followed by ordinary laws and then government regulations or decrees. The current version of the laws is available in the Collection of Laws and it is necessary to keep track of changes as legislation is constantly evolving.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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