Senate of Czechoslovakia (WFAC)

Senate of the; Czechoslovak Federale Republic ; Czech: Senát Federálního shromáždění ČSFR; Slovak: Senát federálneho zhromaždenia ČSFR
	21st Federal Assembly of Czechoslovakia
Type
Type	Upper house of the Federal Assembly of Czechoslovakia
History
Founded	June 10, 1948; (77 years ago)
Preceded by	Constituent National Assembly
New session started	8 November 2021
Leadership
President of the Senate	Miloš Vystrčil, RS
1st Vice President	Milan Štěch, ČSSD
Vice President	Anna Záborská, ČSL
Vice President	Jiří Drahoš, STAN
Vice President	Jiří Oberfalzer, RS
Structure
Seats	100
Political groups	Supporting government (62) RS (22); ČSL (11); STAN (11); Non-partisans (7); Greens (4); Alliance (3); SWV/SVS (3); Senator 21 (1); Opposition (38) ČSSD (19); SDS (8); ČSNS (5); MZH–HSDS (2); SNS (1); Non-affiliated (3);
Length of term	No more than 4 years
Elections
Voting system	Single transferable vote
Last election	9 October 2021
Next election	Before October 2025
Meeting place
	Federal Assembly; Švehlovo Náměstí; 118 00 Praha 7-Letná; Letná Hill, Prague
Footnotes
	↑ According to Article 62 of the Czechoslovak constitution, the President of the Republic can dissolve the Chamber of Deputies (the lower house) on their own authority, forcing a new election within 60 days. This can be done only under conditions prescribed by the constitution. While the president cannot dissolve the Senate, a dissolution of the Chamber of Deputies also forces a new election for the Senate within 60 days. During a dissolution of the Chamber of Deputies, the Senate has the authority to take necessary legal measures in its place. ;

The Senate (Czech: Senát Parlamentu ČSFR, Slovak: Senát federálneho zhromaždenia ČSFR), literally "Senate of the Federal Assembly of the Czechoslovak Federal Republic", is the upper house of the Federal Assembly, with the Chamber of Deputies being the lower house. Together the two houses constitute the federal bicameral legislature of Czechoslovakia.

The composition and powers of the Senate are established by Chapter Two of the Czechoslovak Constitution. The Senate is made up of 100 senators. Each of the four states (Bohemia, Moravia, Silesia and Slovakia) is represented by twenty-five senators who serve four-year terms.

As the upper chamber of Congress, the Senate has several powers of advice and consent, and serves as a platform for discussion and reflection about matters between the four federated entities. The main role of the Senate is debating bills tabled by the Chamber of Deputies and to approve, reject, or return them with amendments to the lower chamber. The Senate ratifies international treaties and declares war. The Senate keeps a role in some matters related to electoral law and constitutional law. The Senate also approves the appointment of judges to the Constitutional Court proposed by the President. The Senate decides on confirmation of judges of the Constitutional Court and block unacceptable nominees, and has the power to impeach the President. While the Senate enjoys less prominence than the first, it is often considered both a more deliberative body due to its more collegial and less partisan atmosphere.

The Senate chamber is located in the west wing of the Parliament Building on Letná Hill in Prague. The President of the Senate presides over the senate and is the second-highest official of Czechoslovakia for ceremonial purposes, after the President. The President of the Senate also serves as Acting President of Czechoslovakia alongside the prime minister in case of an incapacitation or a vacancy.

History[]

The tradition of modern parliamentarianism in the Czech lands dates back to times of the Austrian Empire (and then Cisleithanian part of Austria-Hungary), where the Imperial Council (Reichsrat, Říšská rada) was created in 1861.

The predecessor of the Senate was the Senate of the National Assembly of Czechoslovakia, which was established with the adoption of the 1920 Czechoslovak Constitution. The Senate was modeled after the Austrian, French and American constitutions, which all stipulated bicameral parliaments. The opinion at the time that a bicameral parliament was a sign of the maturity of the state, also contributed to the establishment of a bicameral Czechoslovak parliament. The National Assembly consisted of a Chamber of Deputies with 300 members (housed in the Rudolfinum) and Senate with 150 members (housed in the Thun Palace). Both chambers were elected by a proportional system, the House was elected for 6 years, the Senate for 8 years. Both chambers were always renewed as a whole. The National Assembly was dissolved by president Edvard Beneš on 2 November 1938, to resume their activity within two months after the end of the war. During wartime, the Czechoslovak National Council (Československá národní rada) was established to represent the legislature as part of the Czechoslovak government-in-exile.

Following World War II, Czechoslovakia held elections for a unicameral Constituent National Assembly in 1946, which proceeded to draft a new federal constitution. The discussion about representation in the Senate proved to be very contentious. Supporters argued that the Senate would provide a safety device correcting laws endorsed by lower chamber and as a power balancing tool against the dominance of a single party. With concentration of governmental authority in Prague as a source of discontent within Slovakia, Slovak legislators were unwilling to give up too much power to the Czechs.

On 9 May 1948, the Constitutional Assembly adopted the new federal constitution, in which the Senate was re-stablished as the upper chamber of the new Federal Assembly. The 100-seat Senate was formed on the example of the pre-war Czechoslovak Senate and the French and American senates.

Electoral system[]

Under the Czechoslovak constitution, the term of office for senators is four years, with the mandate of both chambers of the Federal Assembly being renewed as a whole. The electorate consists of Czechoslovak citizens over 18 years of age who are registered to vote.

Any Czechoslovak citizen aged 40 or over can become a senator. A candidate for the Senate does not need to be on a political party's ticket (unlike in the Chamber of Deputies).

The senators are elected by single transferable vote with proportional representation. Candidates who pass the D'Hondt quota in the first round are elected, and any surplus votes transferred to the remaining candidates, who will be elected if this enables them to pass the quota. The lowest ranked candidates are then eliminated one-by-one with their preferences transferred to other candidates, who are elected as they pass the quotient, until all seats are filled.

Composition[]

The Senate has 100 members, with each of the four states (Bohemia, Moravia, Silesia and Slovakia) being represented by twenty-five senators. The constitution stipulates that the constituencies, from which the senators are to be elected from, are determined by the states. The Senate constitutes a quorum if at least one third of all senators are present. The consent of a simple majority of all attending senators is required for a Senate resolution to be effective.

State (Land)	Constituency	Senators
Bohemia	1 – Karlovy Vary	2
	2 – Ústí nad Labem	2
	3 – Liberec	2
	4 – Plzeň	2
	5 – České Budějovice	2
	6 – Kladno	2
	7 – Mláda Boleslav	2
	8 – Hradec Králové	2
	9 – Pardubice	2
	10 – Tábor	2
	11 – Prague	5
Moravia	12 – Jihlava	6
	13 – Znojmo	4
	14 – Olomouc	6
	15 – Zlín	6
	16 – Brno 1	3
Silesia	17 – Kladsko	6
	18 – Opava	8
	19 – Frýdek-Místek	8
	20 – Ostrava	3
Slovakia	21 – Bratislava	3
	22 – Trnava	3
	23 – Dunajská Streda	3
	24 – Nitra	3
	25 – Trenčín	2
	26 – Žilina	2
	27 – Poprad	2
	28 – Banská Bystrica	2
	29 – Prešov	2
	30 – Košice	3
	Total		100

Powers[]

Legislation[]

The main role of the Senate is its legislative activity. Bills are introduced at the Chamber of Deputies, and are tabled by one or a group of deputies, the Senate, the Government or a state authority. All bills except the Act on the State Budget, which is debated solely by the Chamber of Deputies, are submitted to the Senate once they have been passed by the Chamber of Deputies.

The Senate may approve the bill, reject it, return it with amendments to the Chamber of Deputies or express its will not to examine the bill. If the Senate does not adopt resolution within thirty days, the bill is considered to have been adopted. The Senate has a limit of only thirty days to discuss bills, with the exception of constitutional or election bills.

If a bill is returned with amendments to the Chamber of Deputies, deputies vote on it again. They vote on all amendments and cannot select only some of them. To pass a bill in the wording approved by the Senate, the majority of those deputies present is required. To override Senate amendments and pass a bill in its original wording, the majority of all deputies, i.e. at least 101 votes, is required. If the Senate rejects a bill, the Chamber of Deputies votes on it again. To override the Senate and pass a bill, the approval of the majority of all deputies, i.e. at least 101, is again required. If there are insufficient votes, the bill is not passed.

Constitutional bills and amendments to the Constitution of the Czechoslovak Federal Republic must be approved by both chambers with the votes of three-fifths of all deputies and three-fifths of those Senators present. In this case, the Chamber of Deputies cannot override the Senate. The situation is similar for election acts, the Act on the Rules of Procedure of the Senate and the Act on Relations between the Chambers. The limit of thirty days does not apply to the Senate for those bills.

Ratification of treaties[]

The Senate expresses its consent to the ratification of international treaties and, in conjunction with the Chamber of Deputies, declares war, approves the deployment of foreign troops in the territory of Czechoslovakia and the sending of Czechoslovak troops abroad. The Senate also comments on proposed EU legislation and other EU documents. It may instigate proceedings for violation of the principle of subsidiarity by an EU act.

Checks and balances[]

The Constitution provides several unique functions for the Senate that form its ability to "check and balance" the powers relating to other federal institutions in Czechoslovakia. The Senate approves the appointment of judges to the Constitutional Court who are proposed by the President. It often uses this power to block unacceptable nominees. It is also the exclusive power of the Senate, with the approval of the Chamber of Deputies, to bring a charge against the President before the Constitutional Court.

However, the Senate does not get to vote on the country's budget or on confidence in the government, unlike the Chamber of Deputies.

Ceremonial powers[]

The President of the Senate is the second-highest official of Czechoslovakia for ceremonial purposes, after the President of the Republic, but without much real political power. It is the President of the Senate who announces the election of the President of Czechoslovakia. The President of the Senate administers the oath of office to the President-elect at a joint meeting of both chambers and the president’s possible resignation. The Senate also presents proposals for the conferring or awarding of state honours to the President.

Working languages[]

In debates, senators can choose any of the federal languages, usually the one they are most proficient in: Czech, Slovak, German or Hungarian. Czech and Slovak are the most frequently used. The Senate has offered simultaneous interpretation for German and Hungarian since 1970. Senators are expected to understand at least Czech and Slovak.

Current composition of the Senate[]

v • d • e

Standings in the 21st Senate
Affiliation			Senators (Senate)
Affiliation			Results of the 2021 election	As of 20 August 2023	Change
Parliamentary clubs and caucuses
	SPOLU	Republican Party	22	22	▬
		Czechoslovak People's Party	11	11	▬
		Independents	2	2	▬
	Mayors and Greens Group	Mayors and Independents	10	11	▲ 1
		Green Party	4	4	▬
		Mayors for the Liberec Region	2	2	▬
		Ostravak	1	1	▬
		Marek Hilšer to the Senate	1	1	▬
		Independents	2	1	▼ 1
	Czechoslovak Social Democratic Party		20	19	▼ 1
	Free Democratic Party		9	8	▼ 1
	Czechoslovak National Social Party		5	5	▬
National minorities
	Caucus for Minority Rights	Alliance	3	3	▬
	Caucus for Minority Rights	Sudeten German Electoral Association	3	3	▬
Non-inscrits/Independents
	Moravian Land Movement		1	1	▬
	Movement for Self-Governing Democracy of Silesia		1	1	▬
	Slovak National Party		1	1	▬
	Senator 21		1	1	▬
	Independents		1	3	▲ 2
Total members			100	100	▬
	Vacant		—	—	▬
Total Seats			100

Historical composition[]

KSČ

ČSSD

ČSNS

MZH–HSDS

SZ

Independents

SWV/SVS

MKP/SMK

MKDM/MKDH

Most–Híd

Alliance

KAN

STAN

Senator 21

ČSL

RS

SDS

SNS

1948

9

21

6

3

19

42

1952

1956

1960

1964

1968

1972

4

23

4

3

4

3

15

33

5

2

1976

1978

1982

1986

1990

1994

1996

2000

2002

2006

20

5

4

2

5

3

1

14

11

22

9

1

Presidents of the Senate[]

#	Name	Entered office	Left office		State	Legislature term
1	Vavro Šrobár (1867–1950)	10 June 1948	6 December 1950 (Died in office)	RS	Slovakia	1
2	Vojta Beneš (1878–1951)	11 December 1950	20 November 1951 (Died in office)	ČSSD	Bohemia
3	Vladislav Brdlík (1879–1964)	27 November 1951	1956	RS	Bohemia

						2
4	Juraj Slávik (1890–1969)	27 November 1951	1960	RS	Slovakia	3
5	Petr Zenkl (1884–1975)	1960	1964	ČSNS	Bohemia	4
6	Josef Voženílek (1898–1983)	1964	1968	RS	Bohemia	5
7	Milada Horáková (1901–1983)	1968	1976	ČSNS	Bohemia	6
7	Milada Horáková (1901–1983)	1968	1976	ČSNS	Bohemia	7
8	Martin Kvetko (1912–1995)	1976	1982	RS	Slovakia	8
8	Martin Kvetko (1912–1995)	1976	1982	RS	Slovakia	9
9	Vilém Bernard (1912–1992)	1982	1986	ČSSD	Bohemia	10
10	Hana Zelinová (1914–2004)	1986	1990	RS	Slovakia	11
11	Petr Pithart (1941–)	1990	2000	ČSL	Bohemia	12
						13
						14
12	Dušan Čaplovič (1946–)	2000	2006	ČSSD	Slovakia	15
12	Dušan Čaplovič (1946–)	2000	2006	ČSSD	Slovakia	16
13	Přemysl Sobotka (1944–)	2002	2010	RS	Bohemia	17
14	Milan Štěch (1953–)	2010	2017	ČSSD	Bohemia	18
14	Milan Štěch (1953–)	2010	2017	ČSSD	Bohemia	19
15	Jaroslav Kubera (1947–2020)	2017	20 January 2020 (Died in office)	RS	Bohemia	20
16	Miloš Vystrčil (1960–)	19 February 2020	Present	RS	Moravia	21