Appendix C. Constitutional Act of 14 November 2002 No. 515/2002 Sb., concerning the Referendum on the Czech Republic’s Accession to the European Union and Amendments to Constitutional Act No. 1/1993 Sb., the Constitution of the Czech Republic, as amended by subsequent constitutional acts
Parliament has enacted this Constitutional Act of the Czech Republic:
Part 1. Referendum on the Czech Republic’s Accession to the European Union
A. General Provision
Article 1
- The decision on the Czech Republic’s accession to the European Union may be made solely by referendum.
- The referendum question shall read: “Do you agree with the Czech Republic becoming, pursuant to the Treaty of Accession of the Czech Republic to the European Union, a Member State of the European “Union?”
- Every citizen of the Czech Republic who has attained the age of 18 shall have the right to vote in the referendum.
- The President of the Republic shall call the referendum and announce the results of the referendum in a manner analogous to that in which he promulgates statutes.Should the referendum take place in the final six months of the electoral term of the of the Assembly of Deputies or of the term of office of the representative bodies of territorial self- governing units, the President of the Republic shall call it so that it shall be held together with the elections to the Assembly of Deputies or to the representative bodies of territorial self-governing units.
Article 2
The President of the Republic shall call the referendum within 30 days of the day on which the Treaty of Accession of the Czech Republic to the European Union is signed so that it can take place in the period beginning on the thirtieth day following the calling of the referendum and ending on the sixtieth day following.
B. Repeated Referendum
Article 3
- If the Czech Republic’s accession to the European Union is not approved in the referendum held pursuant to Art. 2, a petition proposing the calling of a referendum on the same matter may be submitted by the government, jointly by at least two-fifths of the Deputies, or jointly by at least two-fifths of the Senators.
- A petition proposing the calling of a referendum shall be submitted to the President of the Republic.
- The referendum can be called no sooner than two years after the Czech Republic’s accession to the European Union was not approved in the preceding referendum.
Article 4
If the conditions for the calling of referendum are met, the President of the Republic shall call it within 30 days of the day the petition proposing it be called is submitted, so that it may take place at the latest by the 90th day following the submission of that petition, otherwise she shall make the decision within the same period declining to call a referendum.
C. The Referendum Results
Article 5
- The Czech Republic’s accession to the European Union shall be approved in the referendum if an absolute majority of those voting answer the referendum question in the affirmative.
- The announcement of the results of a referendum in which the Czech Republic’s accession to the European Union is approved shall substitute for the Parliament’s assent to the ratification of the Treaty of Accession of the Czech Republic to the European Union.
Article 6
Further conditions on the exercise of the right to vote in the referendum, as well as the detailed provisions concerning the proposal, voting, the holding of the referendum, and the announcement of its results shall be regulated in a statute. In order for that statute to be adopted, both the Assembly of Deputies and the Senate must approve it.
Part 2. Amendments to Constitutional Act No. 1/1993 Sb., the Constitution of the Czech Republic, as amended by subsequent constitutional acts
Article 7
Constitutional Act No. 1/1993 Sb., the Constitution of the Czech Republic, as amended by Constitutional Act No. 347/1997 Sb., Constitutional Act No. 300/2000 Sb., Constitutional Act No. 395/2001 Sb., and Constitutional Act No. 448/2001 Sb., shall be amended as follows:
[See the Constitution of the Czech Republic where these amendments are incorporated.]
Part 3. Entry Into Effect
Article 8
This Constitutional Act shall enter into effect on 1 March 2003.