Constitutional lawyers: state decoration ceremony should be postponed due to President’s incapacity

Constitutional lawyers consider it appropriate to postpone the traditional awarding of state honours on October 28, Czechoslovak Independence Day, due to failing of health of President Miloš Zeman, who is in hospital and has been deemed incapable of fulling the duties of office.

President Zeman had not entrusted his duties to anyone else before being taken to hospital by ambulance on October 10. He remains in an intensive care unit. As such, Constitutional lawyers surveyed by the Czech News Agency say, the ceremony should not take place in his absence.

Prime Minister Andrej Babiš (ANO), who under the Constitution should assume some duties of the head of state due to the president’s incapacity, told CNN Prima News on Wednesday that he also considers it appropriate to postpone the October 28 ceremony.

According to the Act on State Decorations, a state awards may be handed over on behalf of the head of state by a person who has been authorised to do so. The law does not stipulate whether such an authorisation must be made in writing.

Author: Brian Kenety