The Czech President, Petr Pavel, has filed a constitutional complaint with the Constitutional Court regarding the government's decision not to include him in the delegation for the NATO summit in Ankara in July. In a statement released by Prague Castle, he described the government's actions as an unprecedented and extremely unfortunate step that, in his opinion, infringes upon the constitutional role of the head of state.
Pavel recalled that, according to Article 63 of the Constitution of the Czech Republic, representing the state externally is among the powers of the president. Therefore, his exclusion from the delegation is not seen by him as a normal political decision, but as a restriction on the role that the Constitution grants him. He emphasized that, according to the Constitution, the government is responsible for foreign policy, and the president acts within the framework of a mandate approved by the government. However, he stated that cooperation with the government does not mean that it can unilaterally exclude the head of state from exercising his powers.
According to Pavel, the dispute over participation in the summit has been ongoing since the beginning of the year. The president stated that he first raised the issue during a New Year's meeting with Prime Minister Andrej Babiš, as a matter for discussion. However, he later stated that the Prime Minister announced through the media that he did not plan for the president's participation, and that the government postponed its official position for several months.
Pavel also pointed out the existing constitutional practice. According to him, the Czech Republic has traditionally been represented at NATO summits by presidents, including Václav Havel, Václav Klaus, and Miloš Zeman. Of the twenty NATO summits that the Czech Republic has participated in, the president led the delegation in nineteen cases. The only exception was due to a serious health condition.
The president claims that he has repeatedly attempted to find a compromise. He suggested, for example, that he could attend an informal dinner of heads of state focused on European and global security, while the Prime Minister and ministers would conduct the official negotiations. However, according to Pavel, he did not receive a response to his proposals, and the government did not offer its own compromise.
In the constitutional complaint, the Constitutional Court is asked to determine who has the authority to decide on the president's participation in the summit, to order the government not to create any administrative or other obstacles for the president, and to obligate the government to provide the head of state with the necessary cooperation.
Prime Minister Andrej Babiš stated that he respects Pavel's move, but also added that he does not consider filing lawsuits between constitutional officials to be a good thing. Pavel, on the other hand, emphasized that this is not about "one seat" at a foreign meeting, but about defending the powers of the president for his successors as well.
gnews.cz - GH
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