Venice Commission - Report on Bicameralism
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3.What form of state and form of government has the country? Please provide details with reference to relevant constitutional provisions. a) Unitarian or federal/regional/other form of decentralization; b) Parliamentary, presidential, semi-presidential or mixed
The form of the state is ‘Republic’, according to the article one of the Constitution (1998).
a) Unitarian b) Parliamentary.
The Republic of Armenia is a unitary, multi-party, democratic nation-state. is a representative parliamentary democratic republic. The Armenian constitution adhered to the model of a semi-presidential republic until April 2018.
a. Republic of Azerbaijan is a unitarian republic. b. Azerbaijan has a presidential form of government.
Bulgaria is a parliamentary democracy where the prime minister is the head of government and the most powerful executive position. The political system has three branches—legislative, executive and judicial, with universal suffrage for citizens at least 18 years old. The Constitution also provides possibilities of direct democracy, namely petitions and national referendums
The politics of Costa Rica take place in a framework of a presidential, representative democratic republic, with a multi-party system. Executive power is exercised by the president and their cabinet, and the President of Costa Rica is both the head of state and head of government. Legislative power is vested in the Legislative Assembly.
According to Article 1 of the Constitution, Croatia is a unitary State with three levels of governance: the central level, the regional level with the counties (županija) and the local level with the municipalities (općina) and cities (grad). The City of Zagreb has a special status, performing competences of both city and county, and a significant role in performing State administrative tasks in its territory. The decentralisation process started on 1 July 2001 when certain functions and costs of elementary and secondary education, health care, welfare, and firefighting service were transferred from the national budget to the budgets of the local governments. Towns that are county seats received widened competencies at the same time. Statistical regions in Croatia are delineated as follows: NUTS-1 – the whole country; NUTS-2: two regions/two statistical regions: Continental Croatia and Adriatic Croatia (until 2012, there were three), and NUTS-3: counties.
The Republic of Cyprus is a unitary presidential representative republic, whereby the President of Cyprus is both head of state and head of government.
The form of state is parliamentarian democracy with the King (currently Queen) as head of state. There are elections for Parliament at least every 4 years, and government is derived from Parliament by “negative parliamentarism”, i.e. a government may not have a majority in Parliament against it. The Queen has a merely formal role in constitutional matters and exercises her powers through government and on its legal responsibility. Relevant provisions in the constitution are sections 12, 15, 28 and 32.
Estonia is a parliamentary democracy, with a 101-member parliament (the Riigikogu) and a president who is elected indirectly by parliament or, if no candidate wins a two-thirds majority in parliament, by an electoral college composed of members of parliament and of local government representatives.
Finland’s constitutional system follows popular sovereignty and legislative supremacy principles. In accordance with Sections 1 and 2 of the Constitution, Finland is a sovereign republic in which sovereign power shall belong to the people, represented by Parliament convened in session. Legislative power shall be exercised by Parliament in conjunction with the President of the Republic. Supreme executive power shall be vested in the President of the Republic. In addition, for the general government of the State there shall be a Council of State comprising the Prime Minister and the requisite number of Ministers. Judicial power shall be exercised by independent courts of law, at the highest instance the Supreme Court and the Supreme Administrative Court.
Georgia is a representative democratic parliamentary republic, with the President as the largely ceremonial head of state, and Prime Minister as the head of government. The executive branch of power is made up of the Cabinet of Georgia. The Cabinet is composed of ministers, headed by the Prime Minister, and appointed by the Parliament.
In spite of a constitutional provision which declares that “the administration of the State shall be organized according to the principle of decentralization” (article 101§1) Greece is a highly centralized unitarian parliamentary republic. Local government agencies at both the first (municipal) and second (regional) levels, are empowered to deal with “local affairs” for the running of which they benefit moreover of a “presumption of competence” (article 102§1). However, in practice, due to their financial dependence from the central government, they remain as a general rule weak.
Hungary is a parliamentary republic with a government which exercises executive power, and a head of state - the President - who has mainly representative functions. The Fundamental Law is the foundation of the Hungarian legal system – see its official English translation at https://njt.hu/jogszabaly/en/2011-4301-02-00
Section I of the Constitution of the Republic of Iceland states that Iceland is a Republic with a parliamentary government, and the Althing and the president jointly exercise legislative power and judges have judicial power. Iceland is a parliamentary representative democratic republic, whereby the powers of the President are mainly formal as the head of state, while the prime minister serves as the head of a coalition government in a multi-party system. Executive power is exercised by the government.
Israel is a parliamentary democracy. The parliament (Knesset) is elected by the people once every four years (unless early election are called). Its members are elected by proportional representation. The whole country is one constituency. The Knesset appoints the government by a majority vote (so far, always a coalition regime).
South Korea is a Republic. Its government's structure is determined by the Constitution of the Republic of Korea. Like many democratic states, South Korea has a government divided into three branches: executive, judicial, and legislative.
Kosovo has a parliamentary form of government. Although there is no such express determination in the Constitution, the Parliament is the only central body of government directly elected by the people, is the legislative institution of the country, and it elects and dismisses the President of the Republic, as well as elects and no confidence in the Government. Article 4 of Kosovo’s Constitution defines the form of government and articulates the constitutional principle of the separation of powers. It provides:
The Constitution of the Kyrgyz Republic, adopted by referendum on April II,2021, establishes
a) Unitarian or federal/regional/other form of decentralisation
Liechtenstein is a unitarian state, with two so-called "Landschaften" (regions), which originally formed the principality. The "Landschaften" have no administrative oder even legislative competences but the deputies of the parliament (Landtag) are elected in these two electoral bodies. Liechtenstein has eleven municipalities which are explicitly mentioned in the constitution (Art 1 par 1, see link attached). https://archiv.llv.li/files/rdr/Verfassung-E-01-02-2014.pdf
Lithuania is a parliamentary republic, as the Parliament (Seimas) is the representative body elected by the People with the strongest powers to determine the strategical guidelines and the development of the State and to control the activities of the executive. The executive power is dualistic: the President is the head of the State with purely symbolic, formal and ceremonial powers in formation of the Government as well as with certain stronger powers in formation of foreign and defense policy and the appointment of the judiciary. Meanwhile, the Government has much stronger powers in daily administration of the State affairs.
Luxembourg is described as a "full democracy", with a parliamentary democracy headed by a constitutional monarch. Executive power is exercised by the grand duke and the cabinet, which consists of several other ministers.The Constitution of Luxembourg, the supreme law of Luxembourg, was adopted on 17 October 1868.The grand duke has the power to dissolve the legislature, in which case new elections must be held within three months. But since 1919, sovereignty has resided with the nation, exercised by the grand duke in accordance with the Constitution and the law.
a) Unitairian, b) Parliamentary Monarchy.
North Macedonia is unitarian country. According to the Art. 3 the territory of the Republic of North Macedonia is indivisible and inalienable. The system of organization of powers in North Macedonia is mixed. The president is elected on direct elections for fix term of office. He/she shares the executive power with the Government. But the President does not have many competencies, so the system fails in the category of semi-presidential systems where the Prime Minister prevails. The Government is elected by the Parliament and is accountable in front of the Parliament. The peculiarity of the system is that neither the President nor the Government can dissolve the Parliament, but the Parliament can dissolve itself with the majority vote. The characteristics of the system are regulated in several constitutional provisions.
The Constitution of Montenegro describes the state as a "civic, democratic, ecological state of social justice, based on the reign of Law". Montenegro is an independent and sovereign republic that established its constitution on 22 October 2007. The President of Montenegro is the head of state, elected for a period of five years through direct elections. The President represents the country abroad, promulgates laws by ordinance, calls elections for the Parliament, and proposes candidates for Prime Minister, president and justices of the Constitutional Court to the Parliament
Malta is a republic[35] whose parliamentary system and public administration are closely modelled on the Westminster system.
Norway is a constitutional monarchy, see § 1 of the Constitution. The king has only a ceremonial function, and all political decisions are taken by the Government. Formally, this follows from the counter signature requirement in § 31 of the Constitution.
Peru is a unitary democratic Republic composed of 25 regions, governed by a unit, because the national Government has sovereignty, and a decentralized State, although regional organizations are subordinate to the national Government, they have the right to resolve certain matters within their territorial scope on their own, in accordance with the principle of separation of powers (article 43 of the Constitution).
a) Portugal is a sovereign Republic, based on the dignity of the human person and the will of the people committed to building a free, fair and solidary society. (art. 1 CRP)
The Republic of San Marino has a republican form of state and a parliamentary form of government.
Serbia is a parliamentary republic, with the government divided into legislative, executive, and judiciary branches. Serbia had one of the first modern constitutions in Europe, the 1835 Constitution (known as the Sretenje Constitution), which was at the time considered among the most progressive and liberal constitutions in Europe. Since then it has adopted 10 different constitutions. The current constitution was adopted in 2006 in the aftermath of the Montenegro independence referendum which by consequence renewed the independence of Serbia itself
The country is unitary (Art. 3 of the Constitution).
The issue of the unicameral legislature was intimately connected with what type of electoral system to apply. Even here, views between the political parties began converging in the 1960’s. The SDP had, during its long period of almost total political dominance, been strongly in favour of a first past the post system. Other parties were in favour of a proportional electoral system. Demographic changes meant that the SDP also was gradually won around to the idea of a proportional system. A parliamentary commission of inquiry eventually recommended a highly proportional system for national elections. This would adjust the number of MPs each party would receive to the overall national votes, assuming the party in question reached a voting threshold of 4% of the votes throughout the country. The SDP wished to maintain the link between local and national elections, and so the compromise also included a common election day for parliamentary and local government elections. A three-year electoral period was also introduced. This partial reform of the Constitution was approved by the Riksdag in 1969. Elections to the new unicameral Parliament with 350 members18 took place in the autumn of 1970 and it met for the first time in January 1971. The number of seats in the Riksdag was reduced to 349, from 1976 onwards.
Pursuant to Article 1 of the Constitution of the Republic of Türkiye, titled “Form of the State”, the State of Türkiye is a Republic.
a) the form of state: unitarian (Article 2.2 of the Constitution: “ Ukraine is a unitarian state”) b) the for, of the government: mixed (parliamentary-presidential).
Albania
Albania is a unitary state with a decentralized system; local government is elected.
Albania is a parliamentary constitutional democracy, according to the article one of the Constitution.
Andorra
Armenia
According to the current Constitution of Armenia, the President is the head of state holding largely representational functions, while the Prime Minister is the head of government and exercises executive power.
Azerbaijan
Bulgaria
Costa Rica
Croatia
Croatia is divided into 21 regional units: 20 counties (županija) and the City of Zagreb. Each county (apart from the City of Zagreb, which as a capital and the largest city has a special status of both town and county) consists of towns and municipalities. There are 127 towns (excluding Zagreb) and 428 municipalities in total. Among the towns, the category of so-called large towns has been introduced in 2005 for local government units with more than 35,000 citizens, with a wider circle of self government competences.
Local government is enshrined in the Constitution (Art. 133-138). Counties have a relatively large degree of autonomy. Local and Regional Authorities (LRAs) have a general competence for matters of interest at their respective levels. They exercise their functions in accordance with the subsidiarity principle, which was recognised as a constitutional principle in 2000. Besides the Constitution, which defines the local government system, Law on Local and Regional Self-Government (2001), Law on Public Utilities, and many other special laws further describe the LRAs' responsibilities.
a.1) Central level
The state authorities at the central level are responsible for:
• Overall legislation and execution;
• The state budget and annual accounts;
• Security and defence;
• Adoption of decrees to implement laws;
• Foreign and domestic policy;
• Direction and control over the civil service operation;
• Economic development;
• Direction of the performance and development of public services.
LRAs may perform public services pertaining to the central state administration. Performance of these tasks is regulated by the law and financed from the central stated budget.
Municipality, town, and county are independent in making decisions within their self governmental remit in accordance with the Constitution and Law on Local and Regional Self-Government.
a.2) Regional level - counties (županije)
Counties carry out affairs of regional importance which are not assigned to central bodies by the Constitution or other laws.
In their self-governmental remit, counties have tasks of regional importance, in particular:
• Primary and secondary education;
• Government funded healthcare;
• Regional and urban planning;
• Economic development;
• Transport and traffic infrastructure;
• Establishment and development of the network of educational, medical, social welfare, and cultural institutions;
• Maintenance of public roads;
• Issuing of location and building permits and other documents related to construction and implementation of regional and urban planning in the county, excluding the area of large town and a county seat town.
By decision of a body of a local self-government unit (town or municipality), certain tasks from the self governing remit of the municipality or town may be transferred to the county. Conversely, a local authority may demand from the county to transfer a task to it, if it has budget for it.
a.3) Local level – municipalities and towns (općine and gradovi)
Municipalities and towns in their self-governmental remit have the tasks of local importance that directly address the needs of the citizens, and are not assigned to state bodies by the Constitution or other laws, in particular:
• Organisation of settlement and housing;
• Spatial and urban planning;
• Utility services;
• Childcare;
• Social welfare;
• Primary health protection;
• Elementary schools;
• Culture, sports and recreation;
• Consumer protection;
• Protection and improvement of environment;
• Fire protection and civil protection;
• Local traffic.
In addition to these competences, large towns (defined as towns with more than 35.000 inhabitants or towns that are county seats) also have competence in the field of:
• Maintenance of local public roads;
• Issuing of location and building permits and other documents related to construction and implementation of urban planning.
b) Parliamentary, presidential, semi-presidential or mixed
As opposed to the pre-1990 Socialist Constitution, the organization of power in the Republic of Croatia is based upon a separation of powers into the legislative, executive and judicial branches. Furthermore, power has been devolved through the granting of the right to local and regional self-government. The principle of separation of powers includes the forms of mutual cooperation and reciprocal checks and balances provided by the Constitution and law. Power in Croatia derives from the people and belongs to the people as a community of free and equal citizens. Croatia is a unitary and indivisible, democratic and social state. The highest values of the Croatian constitutional order, explicitly proclaimed to be the grounds for interpretation of the Constitution, are: freedom, equality, national and gender equality, peace, social justice, respect for human rights, inviolability of private ownership, conservation of nature and the environment, rule of law, and the democratic multiparty system (art. 3). Further, guarantees to due process of law, the right to appeal and to constitutional redress form the cornerstone of human rights protection.
The Croatian Constitution of 1990 introduced a parliamentary system of governance with the institutional characteristics of a semipresidential system - along the lines the 1958 Constitution of France (the Fifth Republic). Its main features were dual executive power divided between the President of the Republic and the Government, with the President being directly elected and having extensive autonomous powers, and the Government being politically responsible to both the Parliament and the President. The fact that President Tuđman remained the head of his political party, which was possible according to Art. 96 of the “Christmas Constitution”, and that he had a strong majority in the Croatian Parliament until the end of 1999, made him the pivotal figure in the governmental structure. After the 2000 elections, the former opposition significantly amended the Constitution primarily reducing presidential powers and institutionalizing a “purer form” of a parliamentary system. Further Constitutional amendment in March 2001, abolished the second parliamentary chamber. The most important features of these two Croatian constitutional models – semipresidentialism and parliamentary system - are presented in the following text. The last part present five amendments to the original “Christmas Constitution”.
b.1) From 1990 to 2000: semipresidentialism
The reasons for adopting a semipresidential form of parliamentary system were the following. Firstly, it was deemed that, in general, semipresidentialism combines the two fundamental requirements for a successful functioning of the state government: namely, a high level of political democracy and political stability. Secondly, it was considered that it better met the constitutional and political conditions in the Republic of Croatia at the beginning of the 1990’s. Finally, a semipresidential system was already present in the Croatian constitutional tradition. In 1848, when the Governor Josip Jelačić appointed a Governor’s Council, the organization of government mutatis mutandis possessed the characteristics of a semipresidential system.
The powers of the President of the Republic under the 1990 Constitution were extensive (original arts. 98-104). The President of the Republic had the powers to represent the Republic at home and abroad; to decide on the establishment of diplomatic and other representative offices; to appoint and recall diplomatic representatives of the Republic of Croatia, and to receive foreign diplomatic representatives. Furthermore, in relation to the Croatian Parliament, he had the power to call elections for both Parliamentary Chambers, and to convene their first session; to give to the Croatian Parliament information, and to submit a yearly report on the state of the Republic. In addition, he was empowered to dissolve the Chamber of Representatives, at the proposal of the Government and with the countersignature of the Prime Minister, if this Chamber has passed a vote of no confidence in the Government, or if it has not approved the state budget within a month from the date when it was proposed. In relation to the Government, the President of the Republic had the power to appoint and relieve of duty the Prime Minister of the Republic of Croatia; and at the proposal of the Prime Minister of the Republic of Croatia to appoint and relieve of duty its deputy prime ministers and members of the Government. He also had power to convene a session of the Government of the Republic of Croatia, to shape its agenda, and to preside over sessions of the Government at which he is present. Moreover, the President of the Republic was the commander-in-chief of the armed forces, and had power to appoint members of the National Defense Council of the Republic of Croatia, as well as to appoint and dismiss military commanders. Finally, the President of the Republic was empowered to issue decrees during a state of emergency and thereby held legislative power.
President Tuđman used the latter power in 1991, issuing a variety of emergency decrees, which posed limitations on human rights and fundamental freedoms. For example, according to the Decree on Public Meetings during the State of War or Immediate Threat to the Independence and Unity of the Republic of Croatia, officials were given authority to detain in custody, without court warrant, a person who disturbed or endangered public peace and order. This issue was brought before the Constitutional Court, which held in its decision of June 24th, 1992 , that the President of the Republic did not violate the Constitution by issuing such emergency decrees.
The extensive concentration of power in hands of President in the said period led to a disregard of the constitutional provision on the separation of power (art. 4). Thus, the reshaping of the role and position of the President of the Republic within the government of the Republic of Croatia became the central, though not the only issue to be resolved by the Constitutional Amendments of 2000 and 2001 (see infra b.3)).
b.2) From 2000: a “purer form” of parliamentary system
The Constitutional Amendments of November 2000 redefined the institutional balance of the highest governmental bodies, establishing a constitutional order corresponding to the classical notion of a parliamentary system. The legislative and executive branches are equal in the sense that they can influence each other to the extent of, on one hand, calling for a vote of no-confidence, and, on the other hand, causing the dissolution of parliament. However, the substantial change was in the reduction of presidential powers. Although he/she is still directly elected by the people, the President of the Republic is no longer institutionally above the Government, but rather acts as a neutral arbiter whose main task is to act as a ceremonial head of the state who performs a mediating role in case of political animosities between the Parliament and the Government. The President of the Republic has to confide the mandate to form the Government to the person who, upon the distribution of the seats in the Croatian Parliament and consultations held, enjoys confidence of the majority of its members. At the same time, the Government is politically responsible solely to the Parliament. Therefore, it needs to obtain a vote of confidence of the absolute majority of MPs before its formal appointment and the President cannot discharge it of his own will. Furthermore, the President may propose to the Government to hold a session and consider certain issues and may be present at the meeting of the Government and take part in deliberations, but cannot convoke it and preside over its meetings. The governmental responsibility to the Parliament has been reinforced by introduction of interpelation. This procedure involves formal written motion of 1/10 of the MPs who may question individual acts of the Government where they appear to contravene its general policy. MPs may then call for parliamentary discussion and even for vote of non-confidence in the government.
All important presidential acts are issued on the basis of a proposal of the Government or Prime Minister and need to be countersigned by the Prime Minister. Thus, the President may dissolve the Parliament when the Parliament has passed a vote of no confidence to the Government, or if it has failed to approve the state budget within 120 days from the date when it was proposed, but only at the proposal of the Government and with the countersignature of the Prime Minister, and only after consultations with the representatives of the clubs of parliamentary parties, unless impeachment proceedings against the President for violation of the Constitution have been instituted. Moreover, the presidential decree-making power is clarified and subjected to authority obtained from the Parliament or prior proposal and countersignature of the Prime Minister. Thus, during a state of war the President of the Republic may issue decrees that have the force of law, but only with the ambit given to him by the Croatian Parliament. If the Croatian Parliament is not in session, the President of the Republic is authorized to regulate all issues required by the state of war by decrees with the force of law.
In case of an immediate threat to the independence, unity and existence of the State, or if the governmental bodies are prevented from performing their constitutional duties regularly, the President of the Republic shall, at the proposal of the Prime Minister and with his countersignature, issue decrees with the force of law. However, presidential decrees lose their legal force if the President of the Republic does not submit them for approval to the Croatian Parliament as soon as the Parliament is able to convene, or if the Croatian Parliament fails to approve it. In case of an immediate threat to the independence, unity and existence of the State, the President of the Republic may, with the countersignature of the Prime Minister, order the employment of the armed forces even if a state of war has not been declared. Furthermore, the President needs the Prime Minister’s countersignature in order to decide on the establishment of diplomatic missions and consular offices of the Republic of Croatia abroad, and additionally the opinion of the relevant committee of the Croatian Parliament in order to appoint or recall diplomatic representatives of the Republic of Croatia.
The parliamentary system under the present Constitution has several features that should prevent paralysis of the highest state bodies in case of political controversy and prevent misuse of constitutional instruments. When a vote of no-confidence in the government has been requested by 1/5 of the MPs or the Prime Minister, parliamentary discussion and vote are held only after the “cooling off” period of 7 days but have to be finished within 30 days. The representatives who initiated the vote of no-confidence may not submit the same proposal before the expiry of six months period. If the Parliament fails to vote confidence to two prime minister candidates in a row (regardless of whether it is the process of formation of government after the elections, or the new government after the vote of no-confidence), the President of the Republic may dissolve the Parliament and call for new elections.
In 2000, a specific and very powerful form of direct democracy was introduced, with the provision for a referendum that can be invoked by popular initiative. Ten percent of voters may submit to the Parliament an obligatory request for a referendum on constitutional amendment, legislative proposal, or any other issue that falls within the competence of the Croatian Parliament or is important for the independence, unity and existence of the Republic. A popular decision is mandatory. The Parliament or any other governmental body, as well as bodies of local and regional self-government cannot enact laws and regulations, or issue individual decision, that would contravene the view expressed on the referendum. This mechanism was used only once, as will be pointed out infra in b.3), in 2013 when a definition of marriage was introduced in the Croatian Constitution.
b.3) Constitutional amendments
The Croatian constitution underwent the amendment process five times, namely in 1997, 2000, 2001, 2010 and, most recently, in 2013. The first four amendments can be divided into two general categories. The first one covers those amendments that were undertaken primarily to adapt the Constitution to the changing circumstances in the life of the country. These are predominantly the amendments of 1997 and 2010. The first set of changes to the constitution was for the most part focused on adapting the constitution to the post-war situation, removing provisions that were no longer necessary. On the other hand, the 2010 amendments were significantly focused on introducing new provisions to the constitution and revising some of those already present in preparation for the upcoming EU accession.
The second category of amendments encompasses those that were primarily focused on remedying the problems cropping up in the way the governmental system functioned. The 2000 amendment was thus undertaken in order to better restrain the power of the executive, given that the president of the Republic has in practice become too powerful. Indeed, the function of the president as exercised by its first holder, Franjo Tuđman, acquired some of the features characteristic of imperial presidency. The 2001 amendment completed this shift to the new system of government by abolishing the Chamber of Counties (Županijski dom). This change was to strengthen the Parliament and give it more of an edge over the executive power.
The 2013 amendment was enacted on the popular referendum pushed by conservative NGOs and backed by religious communities introducing a constitutional definition of marriage as a union of a man and a woman (excluding same-sex partners from the definition of “marriage”). Since a minimum turnout quota for popular referendum had been removed by 2010 constitutional amendment due to upcoming EU accession referendum, the so-called “marriage referendum” of 2013 was voted by only 25% of population (turnout 38%, 66% in favour of constitutional definition of marriage).
Cyprus
Denmark
Estonia
Finland
As with other Nordic countries, Finland has no constitutional court. Instead, the Finnish system of constitutional review amounts to a combination of abstract ex ante and concrete ex post mechanisms of review in which various organs from legislative, executive and judicial branches of the state are charged with the review of the constitutionality of ordinary legislation. Hence, the Finnish system of constitutional review is essentially decentralized and pluralist by nature.
For decades, Finland fell into the category of semi-presidential democracies where the elected Head of State – the President of the Republic – enjoyed strong powers distinct from parliamentary decision-making and the requirement of parliamentary confidence.
Since the early 1980s, however, the constitutional trend has increasingly been away from the presidential focus of authority towards parliamentary form of government.
After the entry into force of the current Constitution of Finland in 2000, as well as the 2012 constitutional amendment, Finland has become a fully-fledged parliamentary democracy, the “last bastion” of presidential power mainly being in the sphere of foreign affairs. Even there, the exercise of the power of the President is bound to the co-operation of the Government, for Section 94, subsection 1, of the Constitution provides as follows: “Foreign policy of Finland is directed by the President of the Republic in co-operation with Government.” The distribution of powers regarding European Union affairs, in turn, is regulated by Section 93, subsection 2, of the Constitution which provides that the Government is responsible for the national preparation of the decisions to be made in the European Union, and decides on the concomitant Finnish measures, unless the decision requires the approval of the Parliament. Section 96 of the Constitution regulates in more detail the participation of the Parliament in the national preparation of European Union matters.
Finland is a unitary system of government, albeit organised on a decentralised basis and having three levels of governance: central, regional and local.
As enshrined in Section 121 of the Constitution, Finland is divided into municipalities, whose administration is based on the self-government of their residents. In addition, Section 121, subsection 3, provides on self-government in administrative areas larger than a municipality. After the recent reform of the Finnish healthcare and social services system, the so-called regional welfare areas enjoy limited self-governing powers in mainland Finland.
In addition, the Åland Islands, with a large Swedish speaking majority (88%), has been a self-governing province since 1921, having its own parliament and government. The special status of the Åland Islands is enshrined in Section 120 of the Constitution.
Moreover, Section 121, subsection 3, of the Constitution guarantees linguistic and cultural self-government for the Sámi - the only indigenous people in the European Union - in their native region in the northernmost part of Finland.
Georgia
Greece
Hungary
According to Article B) of the Fundamental Law, Hungary is an independent, democratic rule-of-law State. The form of government of Hungary shall be a republic. The source of public power shall be the people. The power shall be exercised by the people through elected representatives or, in exceptional cases, directly. Article C) stipulates that the functioning of the Hungarian State shall be based on the principle of the division of powers.
The President of the Republic is an inviolable head of state, who expresses the unity of the nation and guards the democratic functioning of the state. His duties include representing Hungary, initiating laws and national referendums, having constitutional and political veto power over laws, making decisions concerning special legal orders, and being the Commander-in-Chief of the Hungarian Defence Forces. For personnel decisions, he proposes the Prime Minister, the President of the Curia [Supreme Court], the President of the National Office for the Judiciary, the Prosecutor General and the Commissioner for Fundamental Rights, and appoints professional judges and the President of the Fiscal Council. (For details see Articles 9-14 of the Fundamental Law)
The Government is the body of the Prime Minister and the ministers, responsible to the Parliament. It is the general executive and the supreme organ of public administration. It has the power and authority to exercise all the functions and powers which are not expressly conferred by the Fundamental Law or the law on another organ, to adopt decrees on subjects not regulated by any Act, to issue decrees on the basis of a statutory authorisation that may not be contrary to any Act, and to establish state administration bodies. The Prime Minister is the head of the Government who determines the general policy of the Government, and his or her mandate is closely linked to that of the Government as a whole. The Government accountable to the National Assembly. The Prime Minister is elected by The National Assembly on the proposal of the President of the Republic. The National Assembly may withdraw its confidence from him or her. The Ministers are appointed by the President of the Republic on a proposal from the Prime Minister. Ministers are responsible for the management of certain sectors and bodies of the public administration, within the framework of the Government's general policy. (For details see Articles 15-22 of the Fundamental Law)
In accordance with the republican democratic system based on indirect representation, the National Assembly is Hungary’s supreme representative body. Its regulatory activity consists of drafting and amending the Fundamental Law and Acts, adopting the central budget, authorising the recognition of the binding force of international treaties, and deciding on the declaration of a state of war and the conclusion of peace. Its supervisory powers include the right to interpellate and question the leaders of other state bodies. It elects the President of the Republic, the Prime Minister, the members and President of the Constitutional Court, the President of the Curia, the President of the National Office for the Judiciary, the Prosecutor General, the Commissioner for Fundamental Rights and his deputies, and the President of the State Audit Office. The basic principles of the election of Members of Parliament are that the right to vote is universal and equal, that voting is direct and secret, and that it ensures the free expression of the will of the electorate and the participation of nationalities. The Fundamental Law regulates in detail the formation and dissolution of Parliament, its work, the order of its sittings, the rights and duties of Members of Parliament, their immunity and independence. (For details see Articles 1-7 of the Fundamental Law)
According to Article F) of the Fundamental Law, the territory of Hungary shall consist of the capital (Budapest), counties, towns and villages. Hungary is a unitarian state, with local governments for the management of local public affairs and the exercise of local public power. They may only be vested by law with compulsory functions and powers, for the performance of which they are entitled to receive proportionate budgetary or other material support. Local public affairs include the right to legislate, to take decisions, to administer themselves, to determine their own organisation and operation, to exercise the rights of the owner of municipal property, to determine their own budget, to manage themselves, to carry on business, to decide on the type and rate of local taxes, to create municipal symbols, to establish local honours and awards, to request information, to initiate decisions, to associate and cooperate freely with other local authorities. The members of local government and mayors are elected by the electorate for a term of five years by direct and secret ballot on the basis of universal and equal suffrage, in elections which ensure the free expression of the will of the electorate. (For details see Articles 31-35 of the Fundamental Law)
Iceland
Israel
Korea, Republic
Kosovo
“1. Kosovo is a democratic Republic based on the principle of separation of powers and the checks and balances among them as provided in this Constitution.
2. The Assembly of the Republic of Kosovo exercises the legislative power.
3. The President of the Republic of Kosovo represents the unity of the people. The President of the Republic of Kosovo is the legitimate representative of the country, internally and externally, and is the guarantor of the democratic functioning of the institutions of the Republic of Kosovo, as provided in this Constitution.
4. The Government of the Republic of Kosovo is responsible for implementation of laws and state policies and is subject to parliamentarian control.
5. The judicial power is unique and independent and is exercised by courts.
6. The Constitutional Court is an independent organ in protecting the constitutionality and is the final interpreter of the Constitution.
7. The Republic of Kosovo has institutions for the protection of the constitutional order and territorial integrity, public order and safety, which operate under the constitutional authority of the democratic institutions of the Republic of Kosovo.”
Another important provision is Article 63 of the Constitution, which provides that the “The Assembly is the legislative institution of the Republic of Kosovo directly elected by the people.”
Article 65 then sets forth the competencies of the Assembly, which, among others, “elects and may dismiss the President of the Republic of Kosovo” (Art. 65, para. 7), and “elects the Government and expresses no confidence in it” (Art. 65, para. 8).
Kyrgyzstan
a mixed form of government (Presidential and Parliamentary).
b) mixed
Latvia
Latvia is a unitarian state. Pursuant to Article 3 of the Constitution,1 Latvia consists of four historically ethnographic regions – Vidzeme, Latgale, Kurzeme, and Zemgale (see also para. 37 of the judgment of the Constitutional Court of the Republic of Latvia of 29 November 2007 in case no. 2007-10-01022). However, this division does not have any impact with respect to the form of the state and is mostly of symbolic significance (with a few practical effects, such as the drawing up of electoral districts and delineating the geographical jurisdiction of appeal courts).
b) Parliamentary, presidential, semi-presidential or mixed
Latvia is a parliamentary state.
Liechtenstein
Lithuania
The decisive factor why Lithuania is considered to be a parliamentary republic is the dependency of the Government upon the Parliament (Seimas): the Prime Minister has to be appointed as proposed by the parliamentary majority (the President cannot select his/her candidate), the ministers are also representatives of the parliamentary majority, the functioning of the Government is dependent on the confidence by the parliamentary majority, the Government is politically responsible and accountable only to the Parliament, the programme of the Government has to be approved by the Parliament, solely the Parliament has the right to express non-confidence to the Government, the term of office of the Government is dependent on the term of office of the Parliament( after new parliamentary elections the Government has to resign and the new Government has to be formed). Perhaps the only feature of semi-presidentialism is the direct popular presidential elections.
Art. 67 of the Constitution of the Republic of Lithuania establishes that the Seimas, inter alia, “6) shall or shall not give its assent to the candidate proposed by the President of the Republic for the post of the Prime Minister; 7) shall consider the programme of the Government, presented by the Prime Minister, and decide whether to give its assent to it; 8) shall, upon the proposal of the Government, establish and abolish the ministries of the Republic of Lithuania; 9) shall supervise the activities of the Government and may express no confidence in the Prime Minister or a Minister”.
According to Art. 92 of the Constitution, “The Prime Minister shall, upon the assent of the Seimas, be appointed and released by the President of the Republic. < … > The Prime Minister, within 15 days of his appointment, shall form and present to the Seimas the Government, approved by the President of the Republic, and shall submit the programme of the formed Government for consideration by the Seimas. < …> A new Government shall receive the powers to act after the Seimas gives assent to its programme by a majority vote of the Members of the Seimas participating in the sitting”. Meanwhile, Art. 96 of the Constitution provides that “the Government of the Republic of Lithuania shall be jointly and severally responsible to the Seimas for the general activities of the Government. Ministers, in directing the areas of governance entrusted to them, shall be responsible to the Seimas and the President of the Republic, and directly subordinate to the Prime Minister”. In addition, in accordance with Art. 102 of the Constitution, “at the request of the Seimas, the Government or individual Ministers must give an account of their activities to the Seimas. When more than half of the Ministers are replaced, the Government must once again receive its powers from the Seimas. Otherwise, the Government must resign. The Government must also resign in the following cases: 1) when the Seimas twice in succession does not give its assent to the programme of the newly formed Government; 2) when the Seimas, by a majority vote of all the Members of the Seimas and by secret ballot, expresses no confidence in the Government or in the Prime Minister; 3) when the Prime Minister resigns or dies; 4) after the election to the Seimas, when a new Government is formed. A Minister must resign when more than half of all the Members of the Seimas, by secret ballot, express no confidence in him. The President of the Republic shall accept the resignation of the Government or a Minister”.
In its Ruling of 10 January 1998 the Constitutional Court f the Republic of Lithuania stated that “on the basis of the competence of the institutions of state power as established by the Constitution of the Republic of Lithuania, the model of government of the State of Lithuania should be categorised as a parliamentary republican form of government. At the same time, it should be noted that the form of government of our state also has certain characteristics of the so-called mixed (semi-presidential) form of government. This is reflected in the powers of the Seimas, the powers of the Head of State – the President of the Republic, and the powers of the Government, as well as in the legal arrangement of their reciprocal interaction. The Lithuanian constitutional system lays down the principle of the responsibility of the Government to the Seimas, which determines the respective manner of forming the Government”.
This line was continued by the Constitutional Court with even stronger emphasis on the parliamentary republic in the Ruling of 28 August 2020: “on the basis of the competence of state institutions as established by the Constitution, the model of government of the State of Lithuania should be categorised as a parliamentary republican form of government. In view of this, the Constitution establishes the principle of the responsibility of the Government to the Seimas. That principle is reflected, inter alia, in Paragraph 1 of Article 96 of the Constitution, which states that the Government is jointly and severally, i.e. in corpore, responsible to the Seimas for the general activities of the Government. The constitutional principle of the responsibility of the Government to the Seimas is also reflected in the constitutional provisions establishing the power of the Seimas to exercise parliamentary control over the Government. The Constitution lays down various ways in which the Seimas implements the supervision of the Government, as, for instance: the Seimas, under Item 9 of Article 67 of the Constitution, supervises the activities of the Government; under Paragraph 1 of Article 101 of the Constitution, at the request of the Seimas, the Government or individual ministers must give an account of their activities to the Seimas; the Seimas, by a majority vote of all the members of the Seimas and by secret ballot, may express no confidence in the Government (Item 2 of Paragraph 3 of Article 101 of the Constitution). <…> The constitutional provisions consolidating the principle of the responsibility of the Government to the Seimas and the respective powers of the Seimas to exercise parliamentary control over the Government should be interpreted in the light of, inter alia, the parliamentary republican form of government, which is established in the Constitution, also in the light of the constitutional concept of pluralistic parliamentary democracy, which is enshrined in the Constitution and implies, inter alia, political pluralism in the parliament of a democratic state under the rule of law, as well as in the light of the requirement, arising from Paragraphs 2 and 3 of Article 5 of the Constitution and from the constitutional principles of responsible governance and a state under the rule of law, that the Seimas must properly implement the constitutional powers of supervision over the Government, inter alia, in adopting lawful and reasonable legal acts.< … > The principle of the responsibility of the Government to the Seimas is reflected in the provisions of Item 7 of Article 67, Paragraph 5 of Article 92, and Paragraph 2 of Article 101 of the Constitution, which … regulate the granting of powers (inter alia, the granting of powers once again) to the Government and which also consolidate the powers of parliamentary control over the Government carried out by the Seimas. < … > The regulation governing the granting of powers to the Government, consolidated in Item 7 of Article 67 and Paragraph 5 of Article 92 of the Constitution, reflects the particularities of parliamentary pluralist democracy and expresses one of the most important features of a parliamentary republic – the confidence of the Seimas as the basis for the powers of the Government. Such confidence of the Seimas is expressed in the Government in corpore, i.e. by giving assent not to the personal composition of the Government, but to its programme, which sets out the provisions of the programme of the Government – guidelines for the activities of the state for a certain time period based on the provisions of the programme of the political forces that have won the election to the Seimas (majority of the Seimas); such assent to the programme of the Government is possible only after the Seimas duly considers it in the spirit of political pluralism and if there is support by the majority of the Seimas for the provisions of the programme of the Government. It should be stressed that, according to Item 7 of Article 67 and Paragraph 5 of Article 92 of the Constitution, powers may be granted to the Government in the sole way – once the Seimas assents to the programme of the Government”.
Luxembourg
Monaco
North Macedonia
According to the Art. 8 para 1 line 4, the fundamental value of the constitutional order of the Republic of North Macedonia is separation of state powers into legislative, executive and judicial.
According to the Article 80 the President of the Republic is elected in general and direct elections, by secret ballot, for a term of five years.
Article 84 enumerates the competences of the President. The President of the Republic of North Macedonia:
- nominates a mandator to constitute the Government of the Republic of North Macedonia;
- appoints and dismisses by decree ambassadors and other diplomatic representatives of the Republic of North Macedonia abroad;
- accepts the credentials and letters of recall of foreign diplomatic representatives;
- proposes two judges to sit on the Constitutional Court of the Republic of Macedonia;
- proposes two members of the Republican Judicial Council;
- appoints three members to the Security Council of the Republic of North Macedonia;
- proposes the members of the Council for Inter-Ethnic Relations;
- appoints and dismisses other holders of state and public office determined by the Constitution and the law;
- grants decorations and honours in accordance with the law;
- grants pardons in accordance with the law; and
- performs other duties determined by the Constitution.
According to the Article 87 the President is held accountable for any violation of the Constitution in exercising his/her rights and duties. The procedure for determining the President of the Republic's answerability is initiated by the Assembly with a two-thirds majority vote of all Representatives. It is the Constitutional Court that decides on the answerability of the President by a two-thirds majority vote of all judges. If the Constitutional Court considers the president answerable for a violation, his/her mandate is terminated by the force of the Constitution.
According to the Article 88 executive power is vested in the Government of the Republic of North Macedonia. Article 89 regulates that the Government is composed of a prime Minister and Ministers. The Prime Minister and the Ministers cannot be Representatives in the Assembly.
According to the Article 90 the President of the Republic of North Macedonia is obliged, within 10 days of the constitution of the Assembly, to entrust the mandate for constituting the Government to a candidate from the party or parties which has/have a majority in the Assembly. Within 20 days from the day of being entrusted with the mandate, the mandator submits a programme to the Assembly and proposes the composition of the Government. The Government is elected by the Assembly on the proposal of the mandator and on the basis of the programme by a majority vote of the total number of Representatives.
According to Art 91 the Government and each of its members are accountable to the Assembly and the Assembly may take a vote of no-confidence in the Government.
The control on Government is performed also by parliamentary questions and interpellation. According to the Article 72 an interpellation may be made concerning the work of any public office-holder, the Government and any of its members individually, as well as on issues concerning the performance of state bodies.Interpellation may be made by a minimum of five Representatives.All Representatives have the right to ask a Representative's question.
According to the Article 71 the right to propose adoption of a law is given to every Representative of the Assembly, to the Government of the Republic and to a group of at least 10,000 voters.
Peculiarity of the system in North Macedonia is that parliament dissolves itself and no other body out of the Parliament can dissolve it. According to the Art. 63 the Assembly is dissolved when more than half of the total number of Representatives vote for dissolution.
Montenegro
Malta
Malta had the second-highest voter turnout in the world (and the highest for nations without mandatory voting), based on election turnout in national lower house elections from 1960 to 1995.
Norway
The system of government is parliamentarism. The Government or individual ministers must resign if parliament adopts a motion of no confidence, see § 15 of the Constitution. The parliamentary system is negative, meaning that a new government must not pass a vote of confidence. An unusual feature is that the Government has no right to dissolve parliament.
a) Unitarian or federal/regional/other form of decentralisation
Norway is a unitary state, although local self-government is a constiutional principle, see § 49 of the constitution. However, municipalities receive all legal powers from ordinary legislation and not the constitution.
b) Parliamentary, presidential, semi-presidential or mixed
Parliamentary, see above.
Peru
The country follows a “weakened” presidential model. This differs from traditional presidentialism due to the adoption of several parliamentary institutions, such as the right of interpellation by Congress (article 131 of the Constitution), the censorship of ministers or cabinets (article 132 of the Constitution)the power of Parliament to invest (article 130 of the Constitution), as well as to deny confidence (article 133 of the Constitution), and the power of the President to dissolve the Congress only under certain conditions (article 134 of the Constitution).
Portugal
Portugal is a democratic state based on the rule of law, the sovereignty of the people, plural democratic expression and political organization, respect for and the guarantee of the effective implementation of the fundamental rights and freedoms, and the separation and interdependence of powers, with a view to achieving economic, social and cultural democracy and deepening participatory democracy (art. 2 CRP);
The state is a unitary state and the way in which it is organized and function shall respect the autonomous island system of self-government (Madeira and Açores) and the principles of subsidiarity, the autonomy of local authorities and the democratic decentralization of the Public Administration.
The Azores and Madeira archipelagos are autonomous regions with their own political and administrative statutes and self-government institutions (artº 6º CRP).
b) The construction of the portuguese government system has elements of parliamentary and presidential regimes.
The following are features of a parliamentary regime:
- Government autonomy, chaired by a head of government (prime minister), with institutional autonomy and its own powers (articles 110 and 182 CRP: The President of the Republic, the Assembly of the Republic, the Government and the Courts are entities that exercise sovereignty; The Government is the entity that conducts the country's general policy and the senior organ of the Public Administration);
- Ministerial responsibility: political responsibility of the government before the parliament; initiative of the Assembleia da República through a “motion of censure” (art. 195º, f) CRP), or through initiative of the government itself through a “motion of confidence” (arts. 193º and 195º, f), CRP) ;
- Ministerial referenda: the nature of the institute of the referenda (counter-signature) that the President of the Republic and the government share, means a political commitment regarding certain acts, such the Acts that the President of the Republic undertakes under the terms of Articles 133(h), ( j), (l), (m) or (p), 134(b), (d) or (f) or 135(a), (b) or (c), require counter-signature by the Government; the absence of the counter-signature renders the act legally nugatory» (artº 140º CRP).
The system also has traits of a presidential regime:
- Election of the President of the Republic through direct, universal and secret suffrage (artº 121º CRP: The President of the Republic is elected by the universal, direct and secret suffrage of Portuguese citizens who are registered to vote in Portuguese territory and, in accordance with the following paragraph, of Portuguese citizens who reside abroad – nº 1; The law shall regulate the right to vote of Portuguese citizens who reside abroad, to which end it must pay due regard to the existence of ties that effectively link them to the Portuguese community – nº. 2);
- Right of political and legislative veto: although the President of the Republic does not have legislative initiative, he can oppose through a political veto the laws voted by the Assembleia da República (artº 136º CRP: Within a time limit of twenty days counting from the receipt of any decree of the Assembleia da República for enactment as a law, or of the publication of the decision in which the Constitutional Court refrains from pronouncing the unconstitutionality of any norm contained therein, the President of the Republic must enact the decree, or exercise the right of veto and send a message setting out the grounds for doing so and requesting that the legislative act be reconsidered- nº1; If the Assembleia da República confirms its vote by an absolute majority of all the Members in full exercise of their office, the President of the Republic must enact the legislative act within a time limit of eight days counting from its receipt – nº 2).
The Constitution also shows traces of a parliamentary-presidential model:
- Dual responsibility of the Government before the Assembleia da República and before the President of the Republic (article 190º CRP: The Government is accountable to the President of the Republic and to the Assembleia da República; and 191º CRP: The Prime Minister is accountable to the President of the Republic and, within the ambit of the Government's political responsibility, to the Assembleia da República– nº 1; Deputy Prime Ministers and Ministers are accountable to the Prime Minister and, within the ambit of the Government's political responsibility, to the Assembleia da República – nº. 2);
- Right to dissolve the Assembleia da República ; (artº 133º, al.e): In relation to other entities and organs the President of the Republic has the competences: e) Subject to the provisions of Article 172 and after first consulting both the Council of State and the parties with seats in the Assembleia da República, to dissolve [the] Assembly); The presidential dissolution power is not discretionary and there are time limits for its exercise (article 172º CRP: The Assembleia da República cannot be dissolved during the six months following its election, during the last six months of the President of the Republic's term of office , or while a state of siege or a state of emergency is in force – nº 1; Failure to comply with the provisions of the previous paragraph renders the dissolution decree legally nugatory – nº 2).
The constitutional doctrine (eg, JJ Gomes Canotilho, Direito Constitucional , cit., p. 597-610) considers the form enshrined in the Constitution of 1976 as a «mixed presidential parliamentary government», where elements that characterize the parliamentary regime and the dimensions of the presidential regime converge.
San Marino
The parliamentary assembly is called the “Great and General Council” and consists of sixty members elected by universal suffrage.
The Great and General Council has the legislative power, the power to provide policy direction and the power of control. The Great and General Council appoints the members of the executive power (called the Congress of State). A relationship of trust exists between the Congress of State and the Great and General Council: indeed, besides being personally responsible for the acts pertaining to their respective Ministries, the members of the Congress of State are collectively accountable before the Great and General Council. The Great and General Council also appoints the Heads of State (Captains Regent), guarantors of the constitutional order, who represent the State in its unity.
The territory of the Republic of San Marino is divided into nine institutional and territorial entities called Townships. The law attributes legal personality to them, as well as administrative, representative and proposal functions concerning the territory to which each entity refers, also in implementation of the principle of subsidiarity.
The most important laws governing the institutional system include the following:
- Law no. 59 of 8 July 1974 - Declaration of the Citizens’ Rights and Fundamental Principles of San Marino legal system -, in particular Art. 3 (with the amendments deriving from Law no. 95 of 19 September 2000, Law no. 36 of 26 February 2002, Constitutional Law no. 61 of 28 April 2005, Constitutional Review Law no. 182 of 14 December 2005, Constitutional Law no. 1 of 22 July 2011 and Constitutional Review Law no. 1 of 28 March 2019);
- Constitutional Law no. 183 of 15 December 2005 (Constitutional Law on the Congress of State);
- Qualified Law no. 184 of 15 December 2005 (Qualified Law on the Congress of State);
- Constitutional Law no. 185 of 16 December 2005 (Constitutional Law on the Captains Regent);
- Qualified Law no. 186 of 16 December 2005 (Qualified Law on the Captains Regent).
Law no. 158 of 24 September 2020 (Reform of Law no. 127 of 27 September 2013 - Law on Township Councils).
Serbia
Slovakia
There is some degree of decentralisation. Municipalities and self-governing regions may govern their local matters by issuing normative acts that must be in line with the laws passed by the parliament (Art. 68 with Art. 125 of the Constitution).
The Constitution does not say which matters fall into the ambit of local or regional self-government, merely that only a law passed by the parliament may impose duties on municipalities and self-governing regions. Other state authorities may only interfere with the matters of municipalities and self-governing regions within the limits set out by those laws (Art. 67 of the Constitution).
b) Parliamentary, presidential, semi-presidential or mixed
Slovakia is a modified parliamentary republic. The original text of the Constitution had a President of the Republic elected by the unicameral parliament (i.e. a classic parliamentary system), but this was changed by a constitutional amendment no. 9/1999, which introduced direct elections of the President by the people (Art. 101 par. 2 of the Constitution).
The presidential powers remain, however, relatively modest (Art. 102 of the Constitution). For instance, he/she may not issue normative decrees (either with the force of law or subordinate to parliamentary legislation). He/she may grant pardons (only after a judgment becomes final, i.e. commute sentences or expunge convictions) and issue amnesties (same limitations as for pardons, i.e. commute sentences or expunge convictions). He/she may veto laws, but this veto is relatively easy for the parliament to override, since a majority of all (as opposed to those present) MPs is sufficient (Art. 84 par. 3 of the Constitution).
The President may dissolve the parliament under some circumstances. Pursuant to Art. 102 par. 1 lit. e) of the Constitution, the President may:
“dissolve the National Council of the Slovak Republic if the National Council of the Slovak Republic, within a period of six months from the appointment of a Government of the Slovak Republic, has not passed its Programme Proclamation, if the National Council of the Slovak Republic has not passed within three months of the formation of a Government a governmental draft law with which the Government has combined a vote of confidence, if the National Council of the Slovak Republic has not managed to hold a session for longer than three months although its sitting has not been adjourned and it has during this time been repeatedly called for a meeting, or if a session of the National Council of the Slovak Republic has been adjourned for a longer time than is allowed by the Constitution. This right may not be applied during the last six months of his or her term of office, during war, a war state or exceptional state. The President shall dissolve the National Council of the Slovak Republic in the case that after a public vote on the recall of the President, the President has not been recalled”.
Sweden
Since then, there has been no serious debate to re-introduce bicameralism or to change. The parliamentary mandate period was increased to four years during the 1990’s, following the recommendations of another commission of inquiry. In 2011, local authority autonomy, which in practice is quite strong in Sweden, was formally written into the constitution. There are 290 local authorities in Sweden and twenty regional authorities, with responsibility for transport and health care. Elections to both the local authorities and regions have been coordinated with parliamentary elections since 1970.
Türkiye
The characteristics of the Republic are listed in Article 2 of the Constitution, and according to this, “The Republic of Türkiye is a democratic, secular and social state governed by rule of law, within the notions of public peace, national solidarity and justice, respecting human rights, loyal to the nationalism of Atatürk, and based on the fundamental tenets set forth in the preamble.”
The Republic of Türkiye is a unitary state. In addition, the principle of local administration has been adopted and maintained together with the unitary state form since the establishment. Pursuant to Article 123 of the Constitution, titled "Integrity of the administration and public legal personality”, “The administration is a whole with its formation and functions, and shall be regulated by law. The organization and functions of the administration are based on the principles of centralization and decentralization.” In this context, there are strong local administrations whose foundation principles, duties and powers are determined by law, whose decision-making bodies are elected by the people through elections and which are not autonomous. This is stated in Article 127 of the Constitution titled “Local Administrations” as follows: “Local administrations are public corporate bodies established to meet the common local needs of the inhabitants of provinces, municipal districts and villages, whose principles of constitution and decision-making organs elected by the electorate are determined by law. The formation, duties and powers of the local administrations shall be regulated by law in accordance with the principle of local administration.”
In terms of the form of government, the Presidential System, adopted with the 2017 Constitutional Amendment, entered into force after the Turkish Grand National Assembly and Presidential elections held on 24th of June 2018.
According to the provisions of the Constitution regarding the Presidential System, in conformity with the Constitution and laws, the executive power and function shall be exercised and carried out by the President (Article 8), who is elected directly by the public. (Article 101).
According to Article 104 of the Constitution, “The President of the Republic is the head of the State. The executive power shall be vested in the President of the Republic. The President of the Republic, in his/her capacity as the Head of State, shall represent the Republic of Türkiye and the unity of the Turkish Nation; he/she shall ensure the implementation of the Constitution, and orderly and harmonious functioning of the organs of the State.”
Ukraine