Statutes of
the political party
Path of Change
Article 1
PREAMBLE
1. Name of the
political party is Cesta zmeny, translated Path of
Change, abbreviated CZ, and hereinafter referred to as
the party.
2. The party is active in
the Czech Republic.
3. Seat of the political
party is Praha 1, Perlová 1, 110 00.
Article 2
PROGRAM GOALS
1. Improvement of
the quality of life of the Czech Republic's citizens
primarily by following the principles of a legal state
and development of the civic society.
2. Stable society based on
a West European type of parliamentary
democracy.
3. Society based on the
widest possible civil liberties and rights, equality
before the law and equality of opportunities.
4. Permissive society
based on human tolerance and mutual respect.
5. Fight with corruption
and a hyper strophic state administration.
6. High level of education
and culture of the citizens of the Czech
Republic.
7. Market economy
complemented by a high quality social and health care
institute network.
8. Czech Republic as a
full scope member of the European Union with an emphasis
on the values and culture of the Euro Atlantic
civilization.
9. Reinforcement of direct
democracy.
10. Allowing specialists
and generally recognized personalities to execute public
duties and offices without a prerequisite to be a member
of a political party.
Article 3
MEMBERSHIP
1. Any citizen over
18 years of age may become a member of the party
providing he or she fulfills the following:
a. has full legal
capacity,
b. fills out and signs
the required application form,
c. presents a statutory
declaration stating he had never been a member nor a
candidate of the Communist Party of Czechoslovakia
(KSC) or Communist Party of Bohemia and Moravia (KSCM)
or a member of a party or a movement promoting
violence or racial, national and social
intolerance,
d. presents a criminal
record statement not older than 2 months,
e. commits himself to
follow the statutes and ethical code of the party,
attesting such a commitment by his
signature,
f. pledges to work for
and support the party goals,
g. his act of joining
of the party is approved by the minimum of a two
thirds majority of the present members of the Republic
Council followed by recommendation of the respective
Regional Council.
Each party member is obliged to
present within 6 months from the moment of his joining of
the party a certificate issued based on provision of
§ 4 of the Act No. 451/1991 Coll., the so called
Lustration Act, and on the amendments on further acts,
providing evidence that in the period between February
25, 1948 and November 17,1989 he was not a member of SNB
(National Security Corps) with position in StB (the state
police) nor was he registered in the StB records based on
provision of § 2 article 1 index letter b) of the
above mentioned Act (the so called negative lustration
certificate). This requirement is obligatory for all
applicants born in 1971 and earlier.
A person who is interested in
the party membership presents the application form to the
Regional Organization corresponding to the place of his
permanent residency. This organization reviews it at its
closest upcoming assembly. If all the requirements
according to article 3, item 1, index letters a) through
f) are met and membership is recommended by the Regional
Council, the application is forwarded to the Republic
Council. It makes the decision also at its closest
upcoming assembly.
Party membership originates with
the date of the decision about the admission to
membership taken by the Republic Council which than
notifies in written the Regional Council and the
applicant as well.
List of members is administered
in the party central register and each member is
simultaneously registered as a member of a respective
regional organization of the party corresponding to the
member's permanent residency.
Article 4
EXTINCTION OF MEMBERSHIP
1. Membership in the
party expires:
a. on the day of
the decision of the Republic Council about expulsion
from the party if during the registration process the
member provided false or flagrantly biased
data,
b. on the day of the
receipt of a written declaration about the withdrawal
of the member from the party either in the seat of the
party or the seat of the respective Regional
Organization,
c. on the day of the
decision about the expulsion of the member taken by a
two thirds majority of the present members of the
Republic Council in case that the member repeatedly
committed or has been committing such acts that
seriously violate the ethical code of the party or its
statutes, or committed a deliberate criminal offence
resulting in a final judgment,
d. on the day the
member joins another political party or political
movement, with candidacy to a public office on behalf
of other party or political movement by the day of the
registration in the list of candidates,
e. on the day of legal
validity of court's decision about the member's
incapacitation or restraint of his legal
capacity,
f. by death,
g. on the first day
following the term according to article 3, item 2 of
the statutes, if the member does not fulfill the
obligation there stated unless he asked in a written
form 2 weeks before the end of the term for its
prolongation in the seat of the respective Regional
Organization or the seat of the party. By delivering
of the request for prolongation the term is
automatically prolonged for 3 more months and the new
term begins on the day following the one that the term
expired without any effect. Membership expires on the
day following the last day of the prolonged term,
which did not bring any effect.
2. A written appeal may be
entered against the decision of the Republic Council
about the expulsion of the member according to the item
1, index letter a), c) by the person that is effected by
it within 15 days from the moment he learned about the
expulsion. Such an appeal must be delivered to a Republic
Committee of Appeal, whose decision is final and in case
it confirms the decision of the Republic Council about
the expulsion of a member such an expulsion is valid as
of the day of the decision of the Republic Committee of
Appeal. From the moment of the decision of the Republic
Council about the expulsion of a member until a final
decision taken by the Republic Committee of Appeal, the
membership of such a member is suspended.
Article 5
SUSPENSION OF MEMBERSHIP
1. Membership may be
suspended based on a written request of the member
delivered to the seat of the respective Regional
Organization or the seat of the party. The Republic
Council decides about the membership suspension by a
simple majority of the present members. The party
membership is suspended for a period stated in the
request and is valid from the day of decision of the
Republic Council.
2. Membership may be
suspended based on a decision of the Republic Council,
taken by a minimum of two thirds of the present members
if the member was accused of committing a deliberate
criminal act.
3. During the period of
the membership suspension the member is suspended of
exercising all rights and obligations resulting from the
membership.
4. The body that decided
about the membership suspension will cancel this decision
if it will be proven that
a. the reasons
for the membership suspension were not given,
b. prosecution for
criminal offence was stopped.
Article 6
RIGHTS AND OBLIGATIONS OF THE MEMBERS
1. Party member has
a right to:
a. access to
information regarding party activities,
b. take part in
discussions of matters concerning the
party,
c. present his
opinions, submit proposals, complaints and
questions,
d. vote and run as
candidate for party bodies in the extent and in
accordance with the statutes,
e. run as candidate for
legislative bodies and public offices and propose
candidates (formal requirements of such a proposal are
stated by the respective body),
f. vote in the internal
party referendum, if these are declared by the
Republic Council,
g. participate in the
activities of specialized working groups.
2. Party member has an
obligation to:
a. abide by the
ethical code and the party statutes,
b. support the party
goals,
c. fulfill the
decisions of the party bodies,
d. pay membership fees
in the amount stated by the Republic
Assembly.
Article 7
REGISTERED SUPPORTERS
1. Persons that are
not party members or do not want to be according to the
article 3 of the statutes, but do have interest to
participate in its activities, may acquire a status of a
registered supporter.
2. Registered supporter of
the party may be any citizen who:
a. does not apply
as a party member and fills out a required application
either in a written form or an electronic form on
internet,
b. is willing to
support the party goals and in the application form
declares to abide by the party statutes and its
ethical code.
3. The status of the
registered supporter originates on the day the filled out
application form is received by the respective Regional
Organization or the party main office, while the day of
acceptance is the day this supporter was added to the
list of the registered supporters.
4. List of registered
supporters is administered in the party central
register.
Article 8
EXTINCTION AND SUSPENSION OF THE REGISTERED SUPPORTER
STATUS
1. The status of the
registered supporter expires:
a. by a written
declaration of the registered supporter about the
termination of the registration, this on the day when
such a declaration was delivered to the seat of the
party or the seat of the respective Regional
Organization,
b. on the day of a
decision about the termination of the status of
registered supporter adopted by the minimum of a two
thirds majority of all members of the Republic
Council. Such a decision may be taken by the Republic
Council in case that the registered supporter commits
an act that seriously violates the ethical code of the
party or its statutes, or in the application form
provided false or flagrantly biased data, or committed
a deliberate criminal offence resulting in a final
judgment,
c. on the day he joins
another political party or political
movement,
d. with candidacy to a
public office on behalf of other party by the day of
the registration in the list of candidates,
e. with
death.
2. The Regional or
Republic Council may suspend the status of registered
supporter, if the registered supporter was accused of
committing a deliberate criminal offence. With the
suspension of the status of the registered supporter the
execution of his rights is suspended.
3. The body that decided
about the suspension of the status of the registered
supporter according to the item 2 will cancel the
suspension if it is proven that prosecution for criminal
offence was stopped.
4. A written appeal may be
entered against the decision of the Republic Council
about the termination of the status of a registered
supporter according to the item 1, index letter b), and
against the decision about the suspension of the status
of a registered supporter according to the item 2 by the
person that is effected by it within 15 days from the
moment he learned about the termination or suspension.
Such an appeal must be delivered to a Republic Committee
of Appeal, whose decision is final and in case it
confirms the decision of the Republic Council such a
decision is valid as of the day of the decision of the
Republic Committee of Appeal. Until a final decision
about the appeal according to the item 1, indexed letter
b) the status of a registered supporter and the execution
of the rights and obligations resulting from it are
suspended.
Article 9
RIGHTS OF THE REGISTERED SUPPORTERS
1. Registered
supporter has a right to:
a. access to
information regarding party activities,
b. present his
opinions, submit proposals and questions,
c. run as candidate for
legislative bodies and public offices and propose
candidates (formal requirements of such a proposal are
stated by the respective body),
d. vote in the internal
party referendum, if these are declared by the
Republic Council opened also for the registered
supporters,
e. participate in the
activities of specialized working groups.
2. Registered supporter
has no right to vote or be voted into the party
bodies.
Article 10
PARTY BODIES
1. The party bodies
are Regional Assembly, Regional Council, Regional
Controller and Regional Committee of Appeal; Republic
Assembly, Republic Council, party Chairman, party
Vice-Chairmen, Civic Council, Supervisory and Auditing
Committee and Republic Committee of Appeal.
2. The party bodies act
according to the orders of procedures and electoral
regulations approved by the Republic Council, unless
prescribed differently.
3. The party bodies are
qualified for decision making with the presence of at
least half of their members or delegates, unless further
on prescribed differently. In order to pass a resolution
an absolute majority of the present is required, unless
prescribed differently. Only members or delegates with
decisive vote make take part in voting, unless prescribed
differently.
4. The statutory body of
the party is the Republic Council. The party Chairman
acts on behalf of the Republic Council, unless prescribed
differently in the statutes. Signing on behalf of the
party is done in such a manner that along a written or
printed name of the party the Chairman adjoins his name,
surname, party position and his signature.
5. Other members or
employees of the party may proceed with legal acts on
behalf of the party only based on a written proxy that is
conferred to them by people authorized to act on behalf
of the party.
6. The incumbency of all
party bodies is three years.
7. All votes on personal
matters are secret unless the respective party body
decides before the voting differently by a two-thirds
majority of the present. Other votes are public unless
the respective party body decides before the voting
differently by a two-thirds majority of the
present.
Article 11
REGIONAL ORGANIZATION
1. Regional
organization is a basic organizational unit of the party.
It may acquire assets and other proprietary rights in the
benefit of the party without any limits, in accordance
with the internal regulations and generally binding legal
regulations. The assets acquired by the regional
organization are property of the party. The Regional
Organization may manage only the property that it was
entrusted by the Republic Council. If such a property was
entrusted for a specific purpose as decided by the
Republic Council, it may use it only for that specific
purpose. The Regional Organizations may accept
obligations and act in the name of the party only within
the limits of their management of the entrusted property
and further on in the extent of a written proxy granted
by the Republic Council. Chairman of the Regional
Organization acts on its behalf. In his absence or based
on his written proxy the Vice-Chairman of the Regional
Organization takes his place. Chairman of the Regional
Organization may sign on behalf of the party only based
on a written proxy and within the extent there stated
which is granted by persons authorized to act on behalf
of the party according to Article 10, item 4 of the
statutes.
2. The Republic Council
makes decisions about the constitution, abolition (or
other organizational division) of the Regional
Organization. Part of the decision about the abolition is
also the settlement agreement. Regional Organizations are
constituted as based on the territorial principle and the
provisions of the constitutional act No. 347/1997 Coll.
about the establishment of the higher autonomous units,
and the amendments on further acts.
3. Regional Organization
is composed of the Regional Assembly and Regional
Council.
4. Regional
Assembly:
a. is the highest
body in the region. Its member is every member of the
party, who is a member of the respective Regional
Organization
b. meets at least once
a year unless substituted by a Republic Assembly of
all party members.
c. is convened by the
Regional Organization Chairman. He is also obliged to
convene the assembly within one month since receiving
such a request from at least one third of the members
in the respective region or if asked so by the
Republic Council.
d. elects and withdraws
the Chairman and Vice-Chairmen of the Regional
Organization and other members of the Regional Council
in such a manner that the council has a minimum of
nine members with decisive vote.
e. elects and withdraws
the delegates for the party Republic Assembly
following the key set by the Republic
Council.
f. approves by a
two-thirds majority the candidatures to the elections
of the municipal councils and is a party body
authorized to set up the list of candidates according
to the generally binding legal regulations that
regulate such elections.
g. proposes candidates
for positions in the party bodies on the republic an
regional level.
h. presents candidate
proposals for regional authorities and elections to
the Chamber of Deputies and the Senate (formal
prerequisites of such a proposal are laid out by the
respective body).
i. approves the
Regional Organization budget and controls its
fulfillment.
j. elects and withdraws
the Regional Controller and three members of the
Regional Committee of Appeal.
5. Regional
Council:
a. is the highest
body in the region in the period between the Regional
Assemblies and is fully responsible for the party
activities in the region.
b.
composition:
i. with
decisive vote: Chairman and Vice-Chairmen of the
Regional Organization and others elected members of
the Council, deputies and senators of the
Parliament of the Czech Republic members of the
party and those elected to their positions in the
electoral districts within the territory of the
respective Regional Organization, and furthermore
regional representatives and mayors , party
members, who exercise their powers in the territory
of the region,
ii. with
consultative vote: deputies and senators of the
Parliament of the Czech Republic non-members of the
party, those elected to their positions in the
electoral districts within the territory of the
respective Regional Organization who were on the
list of candidates of the Path of Change or with
its support , and furthermore regional
representatives and mayors , not members of the
party, who exercise their powers in the territory
of the region, and who were elected to these
positions being on the list of candidates of the
Path of Change, based on its proposal or with its
support, Club Chairmen according to article 19 of
the statutes,
iii. invited
guests.
c. in case of equality
of votes the decisive vote is the one of the
Chairman.
d. convenes as need be,
at least four times a year.
e. is summoned by the
Regional Organization Chairman who is also obliged to
summon the Regional Council within 14 days if
requested by one third of its members or by the
Republic Council.
f. presents the
director's report to the Regional Assembly.
g. presents a proposal
of the regional manager's employment contract - its
initiation and termination - to the party Chairman, or
other employees operating within the Regional
Organization.
6. Chairman of the
Regional Organization:
a. is the main
representative of the party in the region, heads the
Regional Organization, together with the Regional
Council is responsible for the party activities in the
region and represents the Regional
Organization.
b. is member of the
Republic Council.
c. looks for and
proposes candidates for public offices.
d. summons the Regional
Assembly and Regional Council and chairs
them.
e. closely collaborates
with the regional manager.
f. the mandate of the
Regional Organization Chairman terminates in the
moment, when he is elected by the Republic Council a
Chairman or a Vice-Chairman of the party. Until the
ordinary elections of the new Chairman, a
Vice-Chairman of the Regional Organization executes
his position.
7. Vice-Chairman of the
Regional Organization:
a. in a period of
a long-term absence or illness of the Chairman he also
executes his position.
b. takes over the
chairmanship when the position of the Chairman is
vacant until ordinary elections.
Article 12
REPUBLIC ASSEMBLY
1. Republic Assembly
is the highest body of the party.
2. Assembly
composition:
a. delegates with
decisive vote are: Chairman and two Vice-Chairmen of
the party, Chairman and Vice-Chairmen of the Regional
Organizations, deputies and senators of the Parliament
of the Czech Republic and members of the government
who are party members, furthermore delegates of
regions elected according to the article
11/4/e.
b. delegates with
consultative vote: deputies and senators of the
Parliament of the Czech Republic and members of the
government of the Czech Republic who are not party
members, but those who were on the list of candidates
of the Path of Change or with its support , or were
appointed to their positions based on a proposal of
the Path of Change Path of Change, members of the
Supervisory and Auditing Commission and Republic
Committee of Appeal, spokesmen of the working groups,
members of the Civic Council, Chairmen and
Vice-Chairmen of clubs according to article 19 of the
statutes.
c. invited
guests
3. The Republic Council
may decide that the delegates of the Republic Assembly
will be all party members and at the same time it will
decide whether they will be delegates with decisive or
consultative votes.
4. The Republic Assembly
is summoned by the party Chairman at least once a
year.
5. The Chairman is also
obliged to summon the Republic Assembly within one month
from the moment of receiving such a request from the
Republic Council, at least five Regional Councils or the
Civic Council (in accordance with article 16/11). If the
Chairman does not summon the Republic Assembly within one
month from the moment of receiving a request, any member
of the Republic Council will do so.
6. The Republic Council
decides about its date and place. It also takes care of
sending out the invitations to the assembly at least two
weeks in advance.
7. Republic
Assembly:
a. by a majority
of all delegates with a decisive vote elects and
withdraws Chairman, First and Second Vice-Chairmen of
the party with the exception stated in article 27 item
2 of the statutes.
b. votes and withdraws
members of the Republic Supervisory and Auditing
Commission (1 member per region),
c. votes and withdraws
members of the Committee of Appeal (1 member per
region),
d. approves change of
statutes by a four-fifths majority of all delegates
with decisive votes,
e. approves the
statutes of the controllers and of the Supervisory and
Auditing Commission,
f. approves statutes of
Committees of Appeal and the Committee for
Candidates
g. approves the report
presented by the Chairman,
h. approves the report
of the Republic Council,
i. approves the
director's report of the party,
j. approves the report
of the Supervisory and Auditing Commission,
k. approves the rules
for economic management of the party,
l. defines the
membership fees; their amount and when due, and
decides about the distribution of the collected
financial means among the Regional Organizations and
the Republic Council,
m. takes knowledge of
the Committee of Appeal' s report,
n. takes knowledge of
the activity reports of the clubs of the deputies and
senators of the party,
o. may, during its
session, interpellate the members of the party
occupying important positions,
p. is authorized to
accept internal regulations that are regulating the
internal party matters, unless the statutes explicitly
grant this right to some other body.
Article 13
THE REPUBLIC COUNCIL
1. The Republic
Council is a statutory body of the party and its highest
body in the period between the Republic Assemblies and is
fully responsible for the party activities.
2. Composition of the
Republic Council:
a. with decisive
votes: party Chairman and two Vice-Chairmen , Chairmen
of the Regional Organizations, Chairmen of clubs of
deputies and senators of the party and members of the
government, who are party members,
b. with consultative
votes: members of government that are not party
members but were elected from the candidate list of
the Path of Change or with its support , Chairman of
the Republic Committee of Appeal and Chairman of the
Supervisory and Auditing Commission , Chairmen of the
clubs according to the article 19 of the
statutes,
c. invited
guests
3. The party Chairman
summons the Republic Council at least once every two
months.
4. Chairman is obliged to
summon the Republic Council within 14 days if requested
by one third of its members. He is also obliged to summon
a joint assembly of the Republic Council and the Civic
Council within 14 days if requested by the Civic
Council.
5. Republic
Council:
a. is responsible
for the party activities in the period between the
Republic Assemblies.
b. approves the party
budget.
c. approves the budget
rules.
d. submits a report on
the party activity and management to the Republic
Assembly.
e. appoints and
withdraws the main secretary and the main
manager.
f. approves the
obligatory application form for members and registered
supporters.
g. constitutes the main
office and approves its organization rules.
h. approves the rules
of procedures and electoral regulations.
i. consults the
ministers nominated by Path of Change.
j. is a body of appeal
against the decision of the Republic Committee of
Appeal
k. makes decisions on
property an economic matters, unless the statutes
state differently.
l. outlines the limits
of competency and the scope of activities of the party
general secretary and general manager.
m. constitutes its
advisory bodies.
n. makes decisions in
all other matters that are not assigned to other
bodies.
o. the vote of the
party Chairman is decisive in case of equality of
votes.
Article 14
PARTY CHAIRMAN
1. Chairman is the
main representative of the party, acts on its behalf and
is authorized to make legal acts in the name of the party
in accordance with article 10 item 4 of the
statutes.
2. The Chairman summons
the Republic Assembly, the Republic Council, the joint
meeting of the Republic Council and the Civic Council and
chairs them. He coordinates the activity of the Republic
Council, prepares the agenda of its sessions, and takes
decisions in exigent matters in accordance with the
resolutions of the Republic Council. He has other
authorities that result from the statutes.
3. The party Chairman is
obliged to participate in the Civic Council sessions any
time he is asked by the Council to do so.
4. The position of the
party Chairman is incompatible with the post of the
president of the Czech Republic, Prime Minister or member
of the government of the Czech Republic. On the day when
the Chairman enters the position that is incompatible
with the party chairmanship, his position of party
Chairman expires. In the period when the party is not
taking active part in the government of the Czech
Republic, its Chairman is also the Chairman of its club
of deputies.
5. The incumbency of the
Chairman is three years.
Article 15
PARTY VICE-CHAIRMEN
1. The Republic
Assembly elects (in accordance with article 27 item 2 of
the statutes) two Vice-Chairmen of the party; the First
Vice-Chairman and the Second Vice-Chairman.
2. The First Vice-Chairman
of the party takes over the position of the Chairman in a
period of his absence or if the Chairman cannot execute
his powers. Furthermore he executes the powers granted to
him by the Chairman or the Republic Council.
3. The Second
Vice-Chairman in case of need substitutes the Chairman or
the First Vice-Chairman and manages the main party
office. Furthermore he executes the powers granted to him
by the Chairman or the Republic Council.
4. The party Vice-Chairmen
are obliged to participate in the Civic Council sessions
any time they are asked by the Council to do
so.
5. The position of the
party Vice-Chairman is incompatible with any
constitutional position (including the position of a
deputy or a senator) or a membership in the regional or
municipal administration.
6. The incumbency of the
Vice-Chairman is three years.
Article 16
CIVIC COUNCIL
1. Is an independent
advisory committee, which also participates in the
nomination of the candidates for corporations and public
positions.
2. The Civic Council
consists of:
a. members of the
Plenum of Party Founders (according to article 27
item1 of the statutes), who show interest to work in
the council and are not members of any political party
or movement, and do not have any constitutional
position,
b. other invited
personalities of public life, who receive the votes of
all Civic Council members.
3. List of Civic Council
members is administered in the party central
register.
4. Member of the Civic
Council may not become a person, that was in the past a
member or a candidate of the Communist Party of
Czechoslovakia (KSC) or Communist Party of Bohemia and
Moravia (KSCM) or a member of a party or a movement
promoting violence or racial, national and social
intolerance.
5. The Civic Council has a
quorum if at least half of its members is present, unless
prescribed differently.
6. The Civic Council may,
with majority of their present votes, invite to its
session for consultations other personalities and
experts.
7. The Civic Council
appoints one of its members to chair its sessions for a
period of one year. Following, another Civic Council
member is appointed to chair.
8. The Civic Council is
summoned by the member who is in chair as needs be, at
least six times a year.
9. The Civic Council may
invite the Chairman or Vice-Chairman of the party to its
session or initiate a joint session with the Republic
Council.
10. The Civic Council may
oblige the party Chairman, based on a decision of a
two-thirds majority of its members, to summon the
Republic Assembly and there initiate the withdrawal of
some party body for loss of credibility. In such a case
the Chairman is obliged to summon the Republic Assembly
within one month from the presentation of the request
(further article 12/5).
11. The Civic Council may
propose candidates for party bodies to the Republic
Assembly. Furthermore it may also propose candidates for
corporations, legislative and executive
positions.
12. The Civic Council
delegates maximum of 15 of its representatives into the
Candidates Committee (article 17).
13. Membership in the
Civic Council is honorary and is not limited by
time.
14. Membership in the
Civic Council expires on the day when the member of the
Civic Council becomes a public figure, or member of some
political party or movement. At the end of this mandate
he may ask for re-admission to the Civic
Council.
Article 17
CANDIDATES COMMITTEE
1. Is a body that
handles the received proposals for candidates for
elections into the regional corporations and for
elections to the Chamber of Deputies of the Czech
Republic and the Senate of the Czech Republic. Is a body
that based on these proposals nominates candidates into
these elections and is authorized to set the list of
candidates according to the generally binding legal
regulations about elections to the Parliament of the
Czech Republic and elections to the regional
corporations. Furthermore it nominates candidates for
executive positions that will be later promoted during
political negotiations as party candidates. The committee
also approves expression of political support to persons
proposed by other parties who run for important
positions.
2. It is managed by
statutes approved by the Republic Assembly.
3. The Republic Council is
obliged to inform the Civic Council at least two weeks in
advance about the Candidates Committee session and its
agenda.
4. Members of the
Candidates Committee are:
a. with decisive
vote: members of the Republic Council (with decisive
vote) and a maximum of 15 members of the Civic Council
(according to article 16/12).
b. with consultative
vote: members of government who are members of the
party and the invited spokesmen of the specialized
working.
5. The Regional
Organizations are asked by the committee to present their
proposals for candidates. The formal requirements of the
proposal are assigned by the Candidates
Committee.
6. The committee presents
the nominations with regards to the necessity of ensuring
sufficient presence of renowned, qualified and
independent personalities of the public life.
7. Each candidate is
introduced in detail and a discussion about him follows.
The vote is secret and for the approval of the
candidate's nomination for regional corporations, for
elections to the Chamber of Deputies of the Czech
Republic and the Senate of the Czech Republic as well as
the approval of candidate's nomination for an executive
position at least a two-thirds majority of votes of the
present committee members is necessary. The committee
must also approve by a two-thirds majority of votes of
the present committee members the key for the order of
the candidates on the list.
8. The candidate that is
being nominated for elections or some public position in
the name of the party, on its list of candidates or with
its support, will be prompted to present to the committee
in a given time period:
a. professional
and political C.V.,
b. certificate issued
based on provision of § 4 of the Act No. 451/1991
Coll., (the so called Lustration Act), and on the
amendments on further acts, providing evidence that in
the period between February 25, 1948 and November
17,1989 he was not a member of SNB (National Security
Corps) with position in StB (the state police) nor was
he registered in the StB records based on provision of
§ 2 article 1 index letter b) of the above
mentioned Act (the so called negative lustration
certificate). This requirement is obligatory for all
applicants born in 1971 and earlier.
c. statutory
declaration stating he had never been a member nor a
candidate of the Communist Party of Czechoslovakia
(KSC) or Communist Party of Bohemia and Moravia (KSCM)
or a member of a party or a movement promoting
violence or racial, national and social
intolerance,
d. document proving
that he has no arrears of taxes with the local fiscal
authorities. Such a document must be issued by his
respective revenue office and may not be older than
two months.
e. criminal record
statement not older than 2 months,
f. written commitment
to follow the statutes and ethical code of the
party,
g. declaration on word
of honor about a will to work for and support the
party goals.
9. If the candidate for
the purpose of the nomination provided false or
flagrantly biased data, his further candidacy will be
rejected by the committee. If he was already elected the
Republic Council will decide about the next procedure
(following a consultation with the Civic
Council).
10. The Candidates
Committee may also chose the election leader of the party
who may not necessarily be a party member.
11. A member of the
Candidates Committee may not participate in discussion
and voting concerning his own nomination.
Article 18
SPECIALIZED WORKING GROUPS
1. The Specialized
Working Groups are working groups defined by a working
theme or an area of interest. They are related to the
Republic Council and collaborate with the Regional
Organizations.
2. The Specialized Working
Groups are created and also dissolved by the Republic
Council who also appoints their spokesmen.
3. Their activities are
managed by their own statutes that are approved by the
Republic Council.
Article 19
CLUBS
1. The Republic
Council establishes Clubs as its advisory bodies, or as
advisory bodies of the Regional Councils.
2. Any irreproachable
citizen of the Czech Republic who is obliged to follow
the goals of the party and the ethical code of the Path
of Change may participate in the activities of the
clubs.
3. Those interested in the
club's activities may submit written application in the
seat of the party.
4. Those participating in
the club's activities will elect its Chairman and
Vice-Chairman of the Club with an absolute majority of
the present.
5. The incumbency of the
Chairman and the Vice-Chairman of the Club is one
year.
6. Only the Chairman and
in his absence the Vice-Chairman are authorized to act in
the name of the Club.
7. Chairman of the Club
summons and chairs the sessions of the Club. If the Club
is not summoned at least once a year, the Republic
Council can summon it.
8. The Chairmen of the
Clubs with a consultative vote may participate in the
sessions of the Republic Council; if the Clubs were
established as advisory bodies of the Regional Council
their Chairmen are allowed to assist at the sessions of
this Regional Council with a consultative
vote.
9. Chairmen and
Vice-Chairmen of Clubs may participate in the Republic
Assembly with a consultative vote; if the Clubs were
established as advisory bodies of the Regional Council
the Chairmen and Vice-Chairmen of Clubs may participate
in the Regional Assembly.
Article 20
INCOMPATIBILITY OF POSITIONS
1. The matter of
incompatibility of the positions for Chairman and
Vice-Chairman of the party is being dealt with in the
article 14/4 and article 15/5 of the statutes.
2. The position of a
Chairman of the Regional Organization is not compatible
with the mandate of a deputy or a senator, a member of
government nominated by the party or a position of a
regional marshal.
Article 21
INTERNAL DIRECT DEMOCRACY OF THE PARTY
1. The Republic
Council may initiate internal direct vote with the use of
Internet regarding a specific matter. For such a case it
must lay out exact conditions under which the vote and
its evaluation will take place.
2. The Republic Council
will decide whether this specific vote is only for party
members or it is also open to the Registered
Supporters.
3. The vote is either
decisive or consultative. The Republic Council decides
about the type of the vote in advance. The result of the
decisive vote is binding for the party and its bodies.
The bodies of the party take account of the result of the
consultative vote when making decisions.
4. The evaluation of the
vote is done in the party headquarters and the regular
procedure of the vote is supervised by a committee of
three Chairmen of Regional Organizations elected by
vote.
Article 22
GENERAL SECRETARY AND GENERAL MANAGER
1. General Secretary
and General Manager are employees of the party. They are
appointed and withdrawn by the party Chairman with the
consent of the Republic Council.
2. The competency and the
scope of activities of the party general secretary and
general manager are determined by the organization rules
of the main office, which are approved by the Republic
Council (article 13/5/g of the statutes).
Article 23
CLUBS OF DEPUTIES, SENATORS AND REPRESENTATIVES
1. The Clubs
associate Deputies, Senators and Representatives who were
on the lists of candidates of the party or other
Deputies, Senators and Representatives according to
political agreements.
2. The Clubs coordinate
the work of Deputies, Senators and Representatives in
order to pursue the party goals in the legislative bodies
and corporations in the most effective way.
3. They form its own
structures in accordance with their organization
regulations and rules of procedure.
4. The Chairmen OF the
Clubs of Deputies, Senators or Representatives represent
their Clubs and act as its spokesmen.
5. The chairmen of the
Clubs must be members of the party.
Article 24
SUPERVISORY AND AUDITING COMMISSION
1. The Supervisory
and Auditing Commission is a supervisory and auditing
body of the party, which has control over the party
economic management, abidance of the generally binding
legal regulations, the party statutes and its ethical
code. Has the authority to propose to the Republic
Committee of Appeal a suspension of the decision of the
Republic Council and the Regional Councils, the Chairman
or the Vice-Chairman if they are in contradiction with
the generally binding legal regulations, the party
statutes or its ethical code.
2. It is elected by the
Republic Council with the following key applied: one
member per region.
3. Members of the
Supervisory and Auditing Commission elect the Chairman
and Vice-Chairman of the commission among its
members.
4. They abide the statutes
approved by the Republic Council.
5. The role of The
Supervisory and Auditing Commission on regional level is
executed by a controller. The provisions of this article
apply suitably to his activities.
Article 25
COMMITTEES OF APPEAL
1. Committees of
Appeal are arbitral and conciliation bodies of the party
that decides matters of internal party disputes between
the members, bodies and organizational units.
2. They are established on
the level of republic and regions.
3. They are elected by the
Regional or Republic Assembly according to the following
key: the Regional Assembly elects three members of the
Regional Committee of Appeal. The Republic Council elects
the Republic Committee of Appeal applying the following
key: one member per region.
4. Members of each
committee elect the Chairman and Vice-Chairman of the
committee among its members.
5. They abide the statutes
approved by the Regional or the Republic
Assembly.
6. The Republic Committee
of Appeal:
a. is a body of
appeal against the verdict of the Regional Committee
of Appeal,
b. takes a standpoint
in case of unclear interpretation of the statutes.
Such a standpoint is binding for the specific
case,
c. asks the standpoints
of the bodies and persons involved before coming to
conclusions,
d. by its resolution it
may suspend the validity of a decision of a party body
which is in contradiction with the generally binding
legal regulations, the party statutes or its ethical
code. Such a body is then asked for a remedy and this
does not happen the Republic Assembly makes a decision
about the validity of such a decision.
Article 26
PRINCIPLES OF ECONOMIC MANAGEMENT
1. The party is
liable for its obligations by all its assets.
2. The Republic Council
manages the party property in accordance with the
approved budget and internal regulations. The Republic
Council may authorize the Main Secretary to manage the
party property within a limited framework.
3. The yearly budget of
the party and its changes during the year are approved by
the Republic Council. The construction of the budget must
always be as well balanced and with a surplus.
4. The internal
regulations for the party property management are
approved by the Republic Assembly.
5. The party income must
correspond entirely to the provisions of the specific
generally binding legal regulations.
6. The Regional
Organizations may manage the party property entirely in
accordance with the internal regulations.
7. The party manages the
property and keeps its books consistent with the
respective provisions of the generally binding legal
regulations.
8. The Republic Assembly
decides about the use of the closing balance which would
result from the liquidation of the assets and liabilities
in case the party would be dissolved (not in the case
corresponding to § 13, item 7 Act No. 424/1991 Coll.
about association in political parties and in political
movements, and the amendments on further acts).
If the Republic Assembly does not adopt any decision
regarding the property closing balance, such a closing
balance resulting from the liquidation of the assets and
liabilities of a dissolved party would be transferred to
the state.
Article 27
TEMPORARY AND CLOSING PROVISIONS
1. The Preparatory
Committee will summon the constitutional assembly of the
party with the participation of the citizens that were
active in founding the party. The commissioner of the
party Preparatory Committee will prepare a final list of
these citizens before the session of the constitutional
assembly begins. The citizens on this list form the
Plenum of the Founders.
2. The constitutional
assembly formed by the Plenum of the Founders approves by
a simple majority of all present members the rules of
procedures of the constitutional assembly, elects by a
simple majority of all present members the party bodies:
Chairman and the First and Second Vice-Chairmen. They
assume their positions on the day of their election.
Until the regular establishment of a statutory body of
the party - the Republic Council - the statutory body of
the party is its Chairman and both its Vice-Chairmen.
Until the regular election of all other bodies listed in
the statutes the power of the party bodies yet not
established stays with the Preparatory Committee of the
party with the exception of the Republic Council whose
power is exercised by the party Chairman and both
Vice-Chairmen.
3. The Preparatory
Committee of the Path of Change decided that in
accordance with article 19 of the statutes these
following clubs are established:
Club of the Middle
Class,
Club 30,
Club International
Club of Ecologists.
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The statutes of the Path of
Change were approved unanimously by all members of its
Preparatory Committee.
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