23. 8. 2009

What is a resignation?


Resignation means leaving the office. Submitting resignation is finished by resigning the office.

If we mean the resignation of the Czech government, its duty is to submit resignation in three cases which are stated in the Constitution (Art. 73, sect. 2). In all these cases the President is obligated to accept the resignation.

The government shall offer its resignation if 

  1. The Chamber of Deputies rejects its request for the vote of confidence or 
  2. if it passes a vote of no confidence in it. 
  3. The President has a right to dismiss a government which did not offer its resignation although it was obliged to.

The government shall always offer its resignation after the constituent session of a newly elected Chamber of Deputies. It means that a government shall offer its resignation after finishing the constituent session of the Chamber of Deputies. The agenda of the constituent session of the Chamber of Deputies is fixed and it is possible neither to extend it nor to reduce it. For example, it is not possible to discuss a vote of confidence in the government which is to offer resignation to the Chamber of Deputies. It is not possible to hold interpellation debate relating to the government, either.

The resignation of the government is a resignation of the entire government. The Prime Minister offers his resignation to the President. Other members of the government offer their resignation to the President through the Prime Minister.

The way of resignation is not fixed. It may be offered in a verbal or in a written form. The present practice is that the government offers resignation in a written form and the Prime Minister hands it over to the President in person.

Pursuant to the Art 62 Clause d) of the Constitution the President has a right to entrust the government whose resignation he has accepted with discharging its functions temporarily until a new government is appointed. Duration of this period is not defined. It is a matter of the President when he charges another person to constitute a government. The newly appointed government shall appear before the Chamber of Deputies within thirty days of its appointment and request of it a vote of confidence. Up to this time the previous government holds its office.

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