Kontrasygnata decyzji prezydenta w Republice Czeskiej
Countersigning the Decisions of the President in the Czech Republic

Summary/Abstract: The article presents an institution of countersignature in the Czech Republic. In view of the clear linkto the structures existing in the past, its evolution is also shown, starting with the Constitution of1920. Initially, countersignature by the chief of government or minister authorized by him/her wasrequired in relation to all the activities of the President. Today, there exist prerogatives and countersignatureis obligatory only for the exercise of the powers of head of state which have the nature ofdecision, i.e. those by which the legal status is changed or confi rmed. Only written decisions canbe countersigned. Countersignature is to be made by chairman of the government or member of thegovern ment authorized by him/her, who does not have to be a minister competent for a given matter.Such authorizations in practice are rare and always individual and specifi c in nature. Countersignaturemay be made either before or after the decision is given by the President. This depends onhow both parties signing a document agree. However, the date of its adoption by the President is alwaysconsidered the date of the decision. Before making countersignature, chairman of the governmentmay apply to the government with the question whether or not to countersign the President’sdecision. This approach has been established in practice, but there are no rules determining when thePrime Minister must use it. When the functions of the President in constitutionally defi ned situationsand extent are exercised by the chairman of the government, countersignature is not made. Countersigningof the President’s decision does not absolve the head of state from responsibility for treason.Decisions of the President, for which countersignature by chairman of the government or an authorizedmember of the government are required are null and void without it.

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