New legislation
On November 9, the government approved a draft constitutional law intended to introduce a general nationwide referendum into the Czech legal system. A referendum could be called by at least 300,000 adult citizens or by Parliament with the consent of both chambers. The bill is now headed to the Chamber of Deputies, and a constitutional majority will be required for its passage.
A referendum could address fundamental issues of domestic or foreign policy. The result would be binding if a simple majority of participants voted in favor of a particular answer and, at the same time, at least 35 percent of all eligible voters participated. The decision adopted would be binding on the president, the government, and Parliament for a period of five years. Before the vote takes place, the Constitutional Court must review the question, and the referendum would then be called by the president.
However, not every issue could be put to a vote. For example, the proposal excludes changes to the constitutional order, fundamental rights and freedoms, the state budget, taxes and fees, national defense and security, or issues that conflict with EU law or the Czech Republic’s international obligations. A referendum on the Czech Republic’s membership in the European Union and NATO is also expressly excluded.
Because this is a constitutional law, a simple parliamentary majority is not sufficient. The bill must be supported by at least three-fifths of all members of the Chamber of Deputies—that is, 120 out of 200—and three-fifths of the senators present; moreover, the Senate cannot be overruled as it can with ordinary legislation. The governing coalition will therefore need some votes from the opposition to pass the bill.
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