What to do about the Senate

Since the Senate elections in November, some politicians in both the Social Democratic Party (CSSD) and the Civic Democratic Party (ODS) have argued that the Czech parliament's upper chamber should be abolished. They argue that the Senate is not only very unpopular (which, in their opinion, has been confirmed by a very low participation of voters in the Senate elections) but that it is an inefficient institution and, therefore, a waste of taxpayers' money.

Although such calls may be popular with the public, they are quite unrealistic. In order to abolish the Senate, a constitutional amendment would have to be approved by both three fifths of deputies in the parliament's lower chamber and three fifths of Senators. It is quite clear that Senators will not sanction the abolition of their chamber. True, in 1992, the Federal Assembly voted in favor of splitting Czechoslovakia and, therefore, in favor of abolishing the federal parliament, but the vote was basically the only possible step in the unstoppable process of Czechoslovakia dissolution.

Aware of this fact, some CSSD politicians have suggested that a referendum be held on whether the Senate should be abolished. However, the Czech Republic still needs to pass a constitutional amendment under which referendums could be held. Suggestions that a referendum should be used to terminate the Senate are therefore certain to provoke Senators into blocking the passage of such a law. It is also not clear whether a referendum could be used to change the Constitution. It is more likely that any referendum on the fate of the Senate could not be binding, and the actual vote would have to be taken by both chamber of the parliament.

Any discussion on abolishing the Senate is also likely to provoke political infighting within political parties, as some Senators play important roles in the leaderships of major parties. ODS Chairman Vaclav Klaus has apparently realized this fact and announced that the ODS will not support the abolition of the Senate. He suggested that any further discussion on abolishing the Senate could cause unnecessary tension within the ODS.

The Senate, which cannot be dissolved, also has some powers--such as substituting for the lower chamber in times when the lower chamber is dissolved--that cannot be transferred to any currently existing institution. Abolishing the Senate would thus not be a simple operation. Rather, it would result in significant constitutional changes.

Libuse Benesova of the ODS, who was elected the new Senate Chairwoman under the so-called opposition agreement between the ODS and the CSSD on 16 December, has vowed to fight for increasing the powers of the Senate. In fact, it seems to be the only way to salvage the reputation of the upper chamber. The main problem of the Senate is not, as is often argued, the low quality of Senators. Rather, the main problem is that the Senate is weak vis-a-vis the lower chamber.

Several constitutional changes could significantly improve the image of the Senate. For example, the lower chamber can currently override the Senate's veto quite easily. Should the lower chamber need a higher quorum to do so in the future than it needs now, the power of the Senate would increase significantly. The current situation is quite absurd because the the lower chamber can override both the Senate's veto and the President's veto of the same law, using the same quorum. Although both the Senate and the President vetoed the so-called lottery law, which has caused the Czech Republic international problems, the lower chamber was able to override both vetoes.

The Senate could also be charged with approving appointments of those officials, whose impartiality and expertise are important, such as ambassadors and members of the Central Bank's board. The same is true about the members of the Securities' Commission and heads of secret agencies.

Another way to increase the Senate's prestige is to tie the Senate more closely to the regions into which the Czech Republic will be subdivided in the year 2000. In many countries the upper chamber represent regions or federal states. The 81 Senate districts in the Czech Republic were drawn rather arbitrarily, with no regard for the country's future decentralization.

Regardless of which changes will be adopted in the end, one thing is clear: The Senate is here to stay and any suggestions to abolish it are nothing but populism. The efforts of Benesova and other Senators to increase the powers of the Senate are more realistic and should be carefully watched.

Reuters - 21. 12. 1998