Senatu
a)
The Office of
the Senate was established in 1996 by the Act on the Seat of Parliament to
perform tasks connected with expert, organizational and technical support to
the operation of the Senate, its bodies and officials, and senators and
caucuses represented in the Senate.
The
Office of the Senate is an organizational entity of the State, and its budget
is approved within the annual budget of the
The members
of the Office of the Senate staff are currently state employees and have a
similar status to teachers, employees of state bodies including ministries,
medical staff in state institutions, etc. As opposed to e.g. soldiers and
policemen they are not in a service relationship; they are employed on the
basis on an employment agreement. In 2005 a new law shall enter into force in
the
The Office
of the Senate is independent within the system of state bodies. It is headed by
the Secretary General, who reports to the Senate President, as laid down in the
Senate Rules of Procedure Act. The Secretary General of the Office of the
Senate is appointed and discharged from office by the President of the Senate
following the approval by the Committee on Agenda and Procedure. Other managers
of the Office of the Senate are appointed and discharged from office by the
Secretary General of the Office of the Senate. Details concerning the
organization and tasks of the Office of the Senate are laid down in the Office
of the Senate Rules of Procedure, issued by the Committee on Agenda and Procedure
upon the proposal of the Secretary General of the Office of the Senate.
The
employees of the Office of the Senate are in an employment relationship with
the Office; exceptionally they can have contracts not constituting an
employment relationship. Labour relations are governed by the Labour Code and
other labour relations regulations. The same rules apply to the Office staff as
to other state employees in an employment relationship (retirement age +
pension amounts, holidays, working hours, prohibition of entrepreneurial
activity, compensated by a 25 % bonus added to the salary).
Salaries
and payments for being on call of the employees of the Office of the Senate are
provided for under the law on salaries and payments for being on call in
organizations financed from the state budget and certain other organizations
and bodies, and the Salary Code of the Office of the Senate. The Salary Code of
the Office of the Senate is issued upon the proposal of the Secretary General
of the Office of the Senate by the Committee on National Economy, Agriculture
and Transport. The Salary Code contains the Catalogue of Jobs and Salary
Classes, into which the employees of the Office of the Senate are divided
according to the type of work stipulated in their contracts and the fulfilment
of qualification requirements (particularly education).
The salary
is fixed within the employee’s salary class by the Secretary General of the
Office, taking into account the length of professional experience. To top the
salary, the employee can receive a personal bonus, and managers can also be
granted a bonus for leadership according to the number of subordinates. In
practice, these bonuses are awarded.
Employees
are usually hired based on selection procedures, which are open to anyone. Career
progression is not a rule, given the number of employees and their specific
jobs; the employees of the Office of the Senate are hired for a particular post
(managers as well), and usually they stay in that position. It is not necessary
for a manager to go through all the previous career grades. Transfers from e.g.
the Office of the Chamber of Deputies, Office of the President, Office of the
Government or any of the ministries is possible, but it is not a precondition
for admission. Efforts will be made to maintain a certain degree of
‘compatibility’ among the institutions once the Service Act comes into effect.
b)
The Office
of the Senate is divided into sectors, which are further split into departments
(further divided into sections) or independent divisions (without further
internal segmentation). Some units (Legislative Department – 17 employees,
Independent Personnel Division – 3 employees, Independent Division on European
Affairs – 4 employees, Internal Auditor) report directly to the Secretary
General of the Office of the Senate. Other units (departments and independent
divisions) belong to one of the two sectors. The sectors are headed by Sector
Directors who organise the activities and coordinate the work of the various
sector units. The departments of the Office of the Senate are headed by
directors, and sections within the departments are managed by Section Heads who
report to the Department Directors. The Sector Directors, Department Directors,
Independent Division Heads, the Internal Auditor and the Security Secretary all
report to the Secretary General of the Office of the Senate.
I. Senate Sector (including staff numbers)
· Procedure and Agenda Department - Senate
Activities and Stenographic Services Section, Archives Office (10)
· Foreign Relations Department -
International Relations Section, Logistics Section (8)
· Press and Documentation Department -
Documents Circulation Section, Editorial and Printing Section (13)
· Independent Division of Senate
Services (4)
· Independent Division of Public
Services (7)
· Independent Division of Public
Relations (3)
· Independent Division of Protocol (5)
II. Financial and
Administrative Sector (including staff numbers)
· Economic Department - Budget
Section, Accounting Section, Capital Construction Section (14)
· Administrative Department - Property
Management Section, Buildings Management Section, Transport Section (31)
· Information Technology Department -
Network Administrator, Information Technologies Section, Audio-Visual and
Copying Section (14)
· Catering Department - Service
Section, Catering Section, Procurement Section (31)
· Independent Legal Division (4)
As of 1 October 2003, the Office of
the Senate has 211 employees.
Secretariats
of the Senate officials (President and Vice-Presidents) and the secretariats of
the committees and commissions (usually one secretary and one assistant, with
the exception of the Committee on Foreign Affairs, Defence and Security and the
Committee on European Integration, having one additional consultant) are
outside of the typical structure of sectors, departments and sections. They are
staffed by employees of the Office of the Senate, who, however, report to the
relevant senators. Senators also have a say in the staffing of these posts
(they can request the dismissal of an unsuitable employee; they participate in
the fixing of employee bonuses, etc.). The secretaries of the committees and
commissions fulfil tasks set according to the resolutions of the committees and
commissions and the chairpersons’ instructions. The tasks are connected to the
preparation of the committees and commissions meetings, and the execution and
control of their resolutions. The secretaries provide organisational, technical
and in some cases expert support.
In principle, expert support is not concentrated directly in the
secretariats of the committees. Experts and actually all the employees of the
Office of the Senate are available to provide support to all senators and all
Senate bodies.
The Secretary General of the Office of the Senate appoints and
discharges the Director of the Secretariat of the President of the Senate upon
the proposal of the President of the Senate, secretaries of the Senate
committees upon the proposal of the chairpersons of the committees, secretaries
of standing and temporary Senate commissions and the proposal of the
chairpersons of these commissions. The above-mentioned positions also report to
the respective chairpersons. In labour law matters they are subordinate to the
Secretary General of the Office of the Senate.
To provide a practical example, during the 7 years of the existence of
the Senate and its Office, the Director of the Secretariat of the President of
the Senate has never been discharged from office, as there was a change in this
function, and the Senate committees and secretaries of the commissions also
remained in their positions with two exceptions, even though the chairpersons
of the committees or commissions changed. They have employment agreements for
an indefinite period. Given the daily work contact with the chairperson of the
particular committee or commission, the employees of committees or commissions
secretariats naturally report to “their” chairpersons. They meet the Director of
the Procedure and Agenda Department in regular working meetings.
The situation is different for assistants and advisors to the President
of the Senate and the Vice-Presidents; here, it is assumed that they start work
at the same time as the Senate official and leave when his/her term ends. The
employment agreement is therefore concluded for the duration of the relevant
Senate official’s function.
It follows from what has been said above – especially in organizational
issues – that the employees of the secretariats of various bodies are not
considered as “political” actors; the same goes for committees and commissions:
they are seen as expert bodies rather than political ones. Senator caucuses are
considered to be purely political bodies; however, their staff is not employed
by the Office of the Senate.
Regular working
communication in the Office of the Senate takes place at the level of officers;
all important decisions are taken at the level of Department Directors, Section
Heads and the Secretary General of the Office of the Senate.
d)
The Senate
has 81 members, who are elected for 6 years. The foundation meeting took place
in December 1996. The session of the Senate is permanent. The plenary meetings
of the Senate take place continuously throughout the year, usually following
the meetings of the Chamber of Deputies, which refers adopted bills to the
Senate. Since the Senate has 30 days to debate “regular” bills (this period
does not apply to laws needing the approval of both chambers of the Parliament,
e.g., constitutional or electoral laws), the Senate meets in the last decade of
this term after the bills are debated in the Senate committees. The regular
cycle of meetings is suspended during a part of summer and autumn, usually from
mid-August to mid-October; however, this does not mean that extraordinary
meetings cannot take place during that time – in fact, they often do.
Senate
session is divided into 2-year terms of office in accordance with regular
Senate elections. The election takes place every two years and in each election
one third of senators are elected. Candidates are elected by direct vote, in
two rounds, according to majority vote principles: if a candidate does not
achieve an absolute majority in the first round a second round takes place,
involving the two most successful candidates from the first round. Registered
political parties, political movements and coalitions may put up their
candidates for Senate elections. Independent candidates may participate also.
Should the post of a senator be vacated during his/her term of office,
by-elections will take place for his/her position (with the exception of
mandate termination in the last year of office; the new senator is elected only
for the remainder of the term of office).
The Senate
works continuously; bills are debated irrespective of the term of office. In
the 3rd term of office (December 2000 to December 2002), a total of 21 plenary
meetings took place. In the 4th term of office (December 2002 to September 2003),
10 meetings have taken place so far, where the Senate debated 70 bills, 35
international agreements and 42 other, mainly government documents, out of
which 10 were requests for the appointment of Constitutional Court judges.
Senate meetings lasted a total of 21 days, during
which 218 resolutions were adopted, and 497 votes took place. All votes require
a quorum to be reached (usually an absolute majority of senators present; three
fifths of senators present for adopting a constitutional law).
At the beginning
of the term of office, the Senate elects its President and its Vice-Presidents
(Senate officials) and sets up its bodies (committees and commissions). A
senator can be member of only one committee; s/he can join another committee
only if the membership concerns the Committee on Agenda and Procedure or the
Committee on Parliamentary Privilege, the establishment of which is required by
law. In its 4th term of office, the Senate has the following committees:
-
Committee
on Agenda and Procedure (14 members)
-
Committee
on Parliamentary Privilege (12 members)
-
Committee
on Legal and Institutional Affairs (11 members)
-
Committee
on Foreign Affairs, Defence and Security (10 members)
-
Committee
on Education, Science, Culture, Human Rights and Petitions (10 members)
-
Committee
on National Economy, Agriculture and Transport (12 members)
-
Committee
on Public Administration, Local Development and Environment (10 members)
-
Committee
on Health and Social Policy (10 members)
-
Committee
on European Integration (11 members)
The main task of the committees is to debate bills referred to the
Senate by the Chamber of Deputies, international agreements, the Senate’s
legislative initiatives and also information submitted by the government. The
committees often organise public hearings and seminars where experts and the
general public participate. Committees can set up subcommittees for dealing
with various specific problems. Senators who are not members of the “founding”
committee can become members also.
The committee meetings are governed by the Act on the Senate Rules of
Procedure, which clearly sets out the procedure for participation in the
meetings, giving the floor, course of the debate, submitting proposals, order
and form of vote, etc. Pursuant to this Act, the President of the Senate has no
instruments to check the correctness of the procedures applied by the
chairperson of a committee. Objections against the manner of conducting a
meeting can be raised by committee members during the meeting itself.
The Senate can also create Senate commissions – consisting not only of
senators, but also of outsiders – and assign tasks to these commissions.
Commissions are set up especially in matters involving the competences of
several Senate bodies or for tasks that do not fall under the competence of any
of the bodies established by the Senate. In the 4th term of office, the
following commissions were set up:
-
Commission
on Elections (establishment required by the law) (7 members)
-
Standing
Senate Commission on Compatriots Living Abroad (11 members)
-
Standing
Senate Commission on the Constitution and Parliamentary Procedures (11 members)
-
Standing
Senate Commission on Rural Development (11 members)
-
Standing
Senate Commission on the Office of the Senate (11 members)
The Office of
the Senate provides regular services to the Senate bodies, especially during
their meetings: distribution of Senate documents containing the proposals to be
debated, making audio recordings of all meetings and, if needed, their
transcripts, or verbatim stenographic records, assistance in matters of
procedure and organization, arranging visits abroad and receiving foreign
delegations, assistance in legislative matters during meetings and in
formulating amendments, and if necessary, providing expert opinions on issues
debated by the Senate and its bodies.
Senators can also be affiliated to senator caucuses according to the
parties or movements that selected them as candidates for the Senate election.
Senators who were elected as independent candidates and senators registered for
election by a political party that did not fulfil the condition of having the
number of senators necessary for establishing a caucus (minimum of 5 senators)
can also join an already existing caucus. However, senator caucuses are not Senate
bodies. Each caucus will receive a monthly amount fixed by the Senate (lump sum
per caucus + per member) from the budget of the Office of the Senate. The
caucuses use this money for their operation, including expert advice and
administrative work. Senator caucuses’ employees are not employees of the
Office of the Senate.
In the 4th
term, the following caucuses are represented at the Senate:
-
Civic
Democratic Party Caucus – 26 members
-
Open
Democracy Caucus – 16 members
-
Christian
Democratic Union – Czechoslovak People’s Party Caucus – 15 members
-
Czech
Social Democratic Party Caucus – 11 members
-
“Independents”
Caucus – 5 members
In
addition, there are 8 senators who do not belong to any of the caucuses. They
are, however, full members of Senate bodies and are entitled to all the
services provided by the Office of the Senate.
Senators receive funds from the budget of the Office
of the Senate to finance the services of assistants in their regional offices
and other expert and administrative support.
e)
The legislative initiative rests on the Senate
as a whole. Among impetuses that can lead to its execution are the resolutions
of a committee or commission or an initiative of at least 5 senators. If the
impulse comes from a Senate body, the employees of the Office of the Senate
also take part in the preparation of the bill. Bills proposed by a group of
senators are prepared outside of the Office of the Senate.
As for bills coming from the Chamber of
Deputies, the Legislative Department prepares information concerning every one
of these. Such information describes the previous legislative procedure and
suggests possible legislative problems. Following an agreement with senators,
the Legislative Department also prepares specific amendments.
Assessments of the degree of compatibility with
EU law are also available to the senators.
The Office of the Senate ensures the
distribution of official documents submitted by the Chamber of Deputies,
background information for visits abroad and for the reception of foreign delegations,
daily press monitoring, and other documents and data that the senators might
expressly require.
The application of the Rules of Procedure is in
the hands of the senators; officers can only play the role of experts.
f)
The Senate puts a great emphasis on its
openness towards the general public. Its website www.senat.cz
provides detailed information about its structure and activities. Bills are
presented there, together with the committees to which they were assigned, and
the names of rapporteurs, resolutions of the committees and of the Senate.
Also, voting protocols and minutes of the meetings are available. Summary
reports on the Senate activity are also published on the website; special
attention is paid to the topic of European integration. Office of the Senate
publishes the quarterly “The Senate” informing about activities in the Senate,
about foreign second chambers etc. The public can also access information about
the seat of the Senate, the Wallenstein Palace and its gardens. The historic
premises are open for public every weekend; moreover The Office of the Senate
ensures visits with a qualified commentary to schools and more numerous groups
from the different constituencies. In one building the National Gallery with
expositions open to the public has a seat. The Palace often hosts conferences
and seminars. Concerts are monthly broadcasted live. The meetings of the
committees and commissions and the plenary sessions of the Senate are open to
the public.
The approaching accession of the Czech Republic
to the European Union is reflected in the creation of a special Independent
Division on European Affairs. Its main task is to analyse documents submitted
by the Commission to the Council of the European Union for the needs of the
Senate and its bodies. The Office of the Senate will also appoint its Permanent
Representative to the European Union’s institutions in Brussels. The
preparation for EU membership concerns other units of the Office of the Senate
as well.
In the last
few years, the functioning of the Office of the Senate was also influenced by
security measures adopted after