Czech Presidents In Trouble: How Successful Can The System Be
Against Presidential Misbehaviour?

J 2023

Czech Presidents In Trouble: How Successful Can The System Be Against Presidential Misbehaviour?

VARTAZARYAN, Gor and Kateřina OCHODKOVÁ

Basic information

Original name

Czech Presidents In Trouble: How Successful Can The System Be Against Presidential Misbehaviour?

Name in Czech

Čeští prezidenti v nesnázích: Jak úspěšný může být systém proti prezidentským neplechám?

Authors

VARTAZARYAN, Gor (203 Czech Republic, guarantor) and Kateřina OCHODKOVÁ (203 Czech Republic, belonging to the institution)

Edition

Acta Politologica, Praha, 2023, 1804-1302

Other information

Language

English

Type of outcome

Článek v odborném periodiku

Field of Study

50601 Political science

Country of publisher

Czech Republic

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

Open access časopisu

RIV identification code

RIV/00216224:14220/23:00132079

Organization unit

Faculty of Law

DOI

http://dx.doi.org/10.14712/1803-8220/16_2023

Keywords (in Czech)

Prezident České republiky; ústavní žaloba; kompetenční žaloba; článek 66

Keywords in English

President of the Czech Republic; Constitutional Lawsuit; Competence Lawsuit; Article 66

Abstract

V originále

Presidents in parliamentary regimes are generally less powerful in their competencies and serve more as moderators of political disputes rather than as the main actors of executive power. Despite this, they can often appear at the edge of constitutionality in the performance of their powers. In Central Europe, it is the President of the Czech Republic who finds the greatest discrepancy between written and politically practised powers. Constitutional actors can bring a constitutional lawsuit, a competence lawsuit, or activate against the president Article 66, transferring the performance of certain duties to the other constitutional actors. Often, however, these instruments are not used. Semi-structured interviews with experts (N = 6) in the field of constitutional law revealed to us that the Czech president has broader powers than the Constitution gives him because many constitutional actors do not file a lawsuit even if they had a significant possibility of winning. Our analysis also showed that there are some cases where the experts disagree among themselves such as on the appointment of the governor of Czech National Bank. At the same time, this work revealed the different approaches of the individual presidents in the situations studied. © 2023 Institute of Political Studies. All rights reserved. Výsledek vznikl GAUK č. 146323

Citovat

VARTAZARYAN, Gor and Kateřina OCHODKOVÁ. Czech Presidents In Trouble: How Successful Can The System Be Against Presidential Misbehaviour? Acta Politologica. Praha, 2023, vol. 15, No 3, p. 68-92. ISSN 1804-1302. Available from: https://dx.doi.org/10.14712/1803-8220/16_2023.

@article{2332437,
   author = {Vartazaryan, Gor and Ochodková, Kateřina},
   article_location = {Praha},
   article_number = {3},
   doi = {http://dx.doi.org/10.14712/1803-8220/16_2023},
   keywords = {President of the Czech Republic; Constitutional Lawsuit; Competence Lawsuit; Article 66},
   language = {eng},
   issn = {1804-1302},
   journal = {Acta Politologica},
   title = {Czech Presidents In Trouble: How Successful Can The System Be Against Presidential Misbehaviour?},
   url = {https://acpo.vedeckecasopisy.cz/publicFiles/002726.pdf},
   volume = {15},
   year = {2023}
}

TY  - JOUR
ID  - 2332437
AU  - Vartazaryan, Gor - Ochodková, Kateřina
PY  - 2023
TI  - Czech Presidents In Trouble: How Successful Can The System Be Against Presidential Misbehaviour?
JF  - Acta Politologica
VL  - 15
IS  - 3
SP  - 68-92
EP  - 68-92
SN  - 18041302
KW  - President of the Czech Republic
KW  - Constitutional Lawsuit
KW  - Competence Lawsuit
KW  - Article 66
UR  - https://acpo.vedeckecasopisy.cz/publicFiles/002726.pdf
N2  - Presidents in parliamentary regimes are generally less powerful in their competencies and serve more as moderators of political disputes rather than as the main actors of executive power. Despite this, they can often appear at the edge of constitutionality in the performance of their powers. In Central Europe, it is the President of the Czech Republic who finds the greatest discrepancy between written and politically practised powers. Constitutional actors can bring a constitutional lawsuit, a competence lawsuit, or activate against the president Article 66, transferring the performance of certain duties to the other constitutional actors. Often, however, these instruments are not used. Semi-structured interviews with experts (N = 6) in the field of constitutional law revealed to us that the Czech president has broader powers than the Constitution gives him because many constitutional actors do not file a lawsuit even if they had a significant possibility of winning. Our analysis also showed that there are some cases where the experts disagree among themselves such as on the appointment of the governor of Czech National Bank. At the same time, this work revealed the different approaches of the individual presidents in the situations studied. © 2023 Institute of Political Studies. All rights reserved. Výsledek vznikl GAUK č. 146323
ER  -

VARTAZARYAN, Gor and Kateřina OCHODKOVÁ. Czech Presidents In Trouble: How Successful Can The System Be Against Presidential Misbehaviour? \textit{Acta Politologica}. Praha, 2023, vol.~15, No~3, p.~68-92. ISSN~1804-1302. Available from: https://dx.doi.org/10.14712/1803-8220/16\_{}2023.

Detailed Information on Publication Record