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Speculating on the power of the president

A look at the office of the head of state, on the eve of the oath

By Kimberly Hiss
Staff Writer, The Prague Post
March 5th, 2008 issue

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The Constitution states the president can:
Appoint the prime minister and other members of the government
Convene and dissolve sessions of the Chamber of Deputies
Appoint justices of the Constitutional Court
Appoint the chief justice and the assistant chief justice of the Supreme Court
Pardon court penalties, stop criminal proceedings and expunge sentences
Sign enacted laws or return them to Parliament (except Constitutional Acts)
Appoint members of the Czech National Bank board
Represent the state to other countries
Negotiate and ratify international treaties
Be commander-in-chief of the Armed Forces
Receive and appoint heads of diplomatic missions
Call elections to Parliament
Grant amnesty

Ask the general Czech public what their president does, and you’ll get a range of answers amounting to a consensus that the role is significant but largely symbolic. He’s the head of state who bestows medals, pardons prisoners and represents the country abroad. Ask a political analyst, however, and the answer gets more complicated. President Václav Klaus’ March 7 swearing in to his second term provides an occassion for assessing the role and just how much power it entails.
The president’s duties are prescribed by chapter three of the Constitution, where everything from eligibility requirements (Czech citizen, at least 40 years old) to job perks (not subject to criminal prosecution) are outlined in articles 54 through 66. Also included are interesting caveats such as one regarding Friday’s oath that states if the president, “takes it with a reservation,” he will be deemed as not having been elected.
But the bulk of the chapter deals with the president’s duties, and that list of responsibilities has changed fairly little from those outlined in the previous constitutions of Czechoslovakia and the First Republic. Of course, those duties can be strongly ceremonial, even monarchical in aspects such as residency at Prague Castle and conferring state decorations. But Charles University political scientist Zdeněk Zbořil points out that although the office may “look like ceremony,” it’s far from insubstantial. Referring to both Klaus and former President Václav Havel he said, “They know how to use this limited power of the presidency to influence internal and external politics.” Of the office itself he added, “the president plays a specific role in a few key moments [when he] has relatively great influence.”
Power plays
In addition to ongoing responsibilities such as representing the country abroad, the Constitution allows for occasions on which the president can exercise real influence. The first occurs immediately after his election, when he is setting up the government by appointing posts such as that of prime minister — a task in which recent presidents may have taken a little liberty.
“Both Havel and Klaus interpreted the Constitution quite freely as far as their powers go in forming governments after elections,” said New York University, Prauge political analyst Jiří Pehe. “They both asked the chairmen of victorious parties to look for a stable government, in effect only designating them as future prime ministers, although the Constitution clearly states they have to name the prime minister [who] then puts his Cabinet together.”
Another specific point of influence is the president’s ability to name the board of the Czech National Bank, a duty he is free to perform without consenting counter signatures.
“I see most of his power as being in the appointment of the board of the National Bank,” said Vladimíra Dvořáková, chairwoman of the political science department of the University of Economics in Prague. “The composition of this board can influence the economic policy of the state.”
Pehe agrees, noting the president’s freedom to “shape the board according to his own ideas.”
There are also more day-to-day opportunities for influence if the sitting president should choose to take advantage of them. The Constitution, for example, allows the president to attend meetings of both chambers of Parliament, and to be given the floor whenever he requests it. Such allowances could be a chance to exert a more nebulous kind of control. “The castle is a network of personal relations of many politicians,” Zbořil observed. “In this environment, Klaus’ capacity for influencing relationships becomes a real power.”
For all these responsibilities, however, Article 54 broadly states, “the president of the republic shall not be accountable for the acts resulting from the execution of his office.”
To this point, Pehe adds the fact that the president cannot be prosecuted for criminal acts and is practically unimpeachable (the process is difficult to the point of being almost impossible).
“He’s basically outside the law,” Pehe said. “The president is totally untouchable and unaccountable.”
Round two
Popular opinion expects Klaus to take a bolder, more active approach to his second term.
“He does not need to think about re-elections and can try to fulfill his vision,” Dvořáková said. Pehe agreed, adding, “I think he will try to get more active in foreign policy and European Union affairs in particular.”  
Zbořil sees Klaus’ recent criticisms of the Green Party as one indicator of a bolder tone — and as part of a situation that could theoretically develop into an opportunity for Klaus to assert more influence.
“There’s now a great tension in all political parties, probably mainly in the coalition parties,” he said. “In the very near future, there could appear a political crisis. … At that moment, Klaus would have the opportunity to influence new politics.”  

Kimberly Hiss can be reached at news@praguepost.com


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