What are Senate statutory measures and when are they used?
Statutory measures of the Senate are a special form of legislation in the Czech Republic. The Senate is only able to adopt them in situations where the Chamber of Deputies is dissolved and there is a need for urgent legislative action. This instrument thus enables the Senate to adopt measures with the force of law, but only in specified cases where it is not possible to postpone a decision until after the new Chamber has been formed.
The use of statutory measures is subject to several key conditions:
- First of all, they must be matters that require immediate resolution. Their use must be justified in such a way that they are genuinely urgent issues. This instrument thus serves as a safety mechanism to respond to critical situations without jeopardising the integrity of the constitutional framework or long-term legal certainty.
- The Constitution of the Czech Republic clearly sets out the areas in which the Senate’s legal measures may not interfere, ensuring that they are not misused to address all possible issues, but only those that are truly urgent. Thus, matters relating to the Constitution (in fact, the whole constitutional order is meant), the state budget, the state final account, the electoral law or international treaties cannot be regulated. These restrictions protect key areas of government and the fundamental principles of the rule of law from changes that could have far-reaching effects on political stability and the constitutional order.
- The measures can only be adopted on the proposal of the government, which submits them to the Senate for consideration.
Once approved by the Senate, the measure must be ratified, i.e. retrospectively approved, at the first session of the newly established Chamber of Deputies. The Senate’s legal measures therefore represent a temporary solution for emergency situations, capable of ensuring the continuity of legislation even in times of political instability.
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The adoption process and the role of government
The Senate’s process for adopting legislation is unique not only in its expediency, but also in the specific role played by the government. Statutory measures can only be adopted on the basis of a government proposal. This procedure ensures that such measures are prepared with regard to the overall governance and security of the State and that they respond to the current needs of the country.
The approval of a majority of the Senators present is sufficient for the adoption of a legislative measure. The Senate also sits when the Chamber of Deputies is dissolved and can thus react quickly to urgent issues. However, the government must carefully consider whether a particular problem is really so urgent that it cannot be resolved except by legislative action.
As already mentioned, the adoption by the Senate is followed by a ratihabice, which means that the measure must be approved by the newly elected Chamber of Deputies at its first session. If the Chamber denies approval, the measure automatically ceases to be valid. The government’s role in this process is thus not only to propose the measure but also to defend it, ensuring that the instrument is not used unnecessarily or unjustifiably.
Differences between statutory measures and ordinary laws
While statutory measures of the Senate and ordinary laws may regulate similar matters, their status, functions and process of adoption are fundamentally different. Rather, they represent an exceptional solution designed to enable the Senate to provide legal regulation in urgent situations without undermining the basic structures and stability of the legal system. This makes them a safety mechanism rather than a fully-fledged legislative instrument.
As the above-mentioned procedure shows, ordinary laws are debated by the Parliament of the Czech Republic, comprising both the Chamber of Deputies and the Senate, while statutory measures can be adopted by the Senate independently and only in the emergency situations mentioned.
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Frequency and examples of Senate statutory measures
Senate statutory measuresare very rarely used in the Czech Republic, which is due to their extraordinary nature. Since the introduction of this mechanism in 1993, only a few measures have been adopted. The first cases date back to 2013, when urgent legislative issues had to be addressed during a period of political instability. In that year, the Senate adopted legislative measures on issues such as taxes, public procurement and health insurance.
The reason for the Senate’s low frequency of adopting legislative measures is the strict limitation of their scope and use.
Examples from practice show that Senate legislative measures have always been adopted at times when it was not otherwise possible to provide the necessary legislation. Although their use is rare, statutory measures remain a key instrument for responding promptly to the urgent needs of society in the event of a political crisis. This ability to react quickly is the reason why statutory measures are still enshrined in the Czech legal order as a safeguard for emergency situations.
After 1993, the Senate of the Czech Republic adopted a total of four statutory measures in 2013. This was the only period when this form of legislation was used. The Senate passed measures 340/2013, 341/2013, 342/2013, which were subsequently approved by the Chamber of Deputies. Measure 344/2013 Coll. was rejected. These measures dealt with tax issues, public procurement, health insurance and vignettes.
The following Senate measures were adopted into law:
- Statutory Measure No. 340/2013 Coll. – Tax Laws (approved)
- Statutory Measure No. 341/2013 Coll. – Public Procurement Act (approved)
- Statutory Measure No. 342/2013 Coll. – Health Insurance (approved)
- Statutory Measure No. 344/2013 Coll. – Motorway Stamps (subsequently rejected by the Chamber of Deputies)
Summary
Statutory measures of the Senate are an important tool that enables the rapid adoption of legislation in emergency situations where the Chamber of Deputies is dissolved. This mechanism ensures the continuity of legislation, but its use is limited to specific areas and must be subsequently approved by the newly constituted Chamber or it ceases to be valid. Although rarely used, this instrument plays a key role in moments of political instability when a rapid legislative response is needed.
