Document 214 - Amendment to the Constitutional Act – Constitution of the Czech Republic

Published date: 04.06.2026 |Processed date: 04.06.2026 |Session 10

Submitters: Vít Rakušan, Karel Dvořák, Pavla Pivoňka Vaňková, Lukáš Vlček, Ester Weimerová

Summary

The proposal amends the Constitution so that MPs and Senators would no longer normally need the consent of their chamber to prosecute. The chamber would now only be able to temporarily exclude a prosecution at the reasoned request of the member concerned if it is necessary to protect the independent exercise of the mandate. At the same time, special immunity for misdemeanours would be abolished and the existing safeguards for arrest and detention would be maintained. Effective from 1 January 2027.

Topics

Additional documents

Additional document 1

Government opinion on Print No. 214/0

Processed date: 30.06.2026

Scope: pages 1–4.

This is the government’s dissenting opinion on a proposed constitutional amendment intended to limit the parliamentary immunity of members of the Chamber of Deputies and the Senate in criminal proceedings. The government argues that the proposal weakens the protection of the independent exercise of their mandate because it postpones defenses against politically motivated prosecutions to a later stage of the proceedings and introduces vague conditions for parliamentary intervention. It also points out problems with pretrial detention, possible retroactive effects, the need for follow-up amendments to ordinary laws, and the fact that the current regime governing misdemeanors committed by members of the Chamber of Deputies and the Senate would be altered. According to the government, the proposal is also technically incomplete from a legislative standpoint.

Laws affected by this document

1/1993

Ústava České republiky