Petr Dubinsky

Zeman Confirms Babis To Step Down

President Milos Zeman said today that the appointment of ODS chairman Petr Fiala as chairman of the new cabinet will not be a problem. He stated this in a telephone interview on Frekvenci 1. The current Prime Minister Andrej Babiš (YES) is not interested in becoming prime minister, he noted. Zeman will do everything in his power to get the government formed as soon as possible. Babiš subsequently stated that he planned to submit the resignation of the government to Zeman in writing immediately after the end of the inaugural meeting of the Chamber of Deputies.

The President spoke publicly for the first time since September 1, when he began the school year in Brno. He gave an interview to the media for the first time since August 22, when the server spoke to him.

Zeman, who is being treated at the Central Military Hospital (ÚVN), said he felt perfectly normal and, because he was not overwhelmed, better than usual. He stated that he had not smoked for a month. “My real condition is based on the fact that I do not like to eat and that I do not digest well. The steps taken here in the hospital have led to me being completely normal and thank God for that,” the president said.

In the parliamentary elections, Zeman was surprised by the failure of the Pirates, he was more extreme than he expected. The pirates, who went to the polls in a coalition with the Mayors and the Independents (STAN), won four seats. However, they are to be part of the emerging government together with the ODS, KDU-ČSL and TOP 09. Zeman also stated that he had studied the programs of all political parties. He likes the ODS program, on the contrary, he criticized the priorities of the Green Party.

Zeman appoints the new government at the chateau in Lány, not at Prague Castle. He did not say in the interview whether he was appointing a government in the composition that Fiala would propose. “For my part, I will do everything to ensure that this government is formed as soon as possible,” he said.

The head of state also stated that he respected his chancellor Vratislav Mynář, that he had documented how Zeman signed the convening of the Chamber of Deputies in the hospital. Of course, the signature is true, the president said. Mynář published the video on October 21. Plaintiffs in Prague 6 according to Aktuálně.cz serversand they examine whether the President’s surroundings have not forged his signature on the document, and thus the appropriation of the powers of the presidency.

Babiš plans to submit his resignation in writing after the establishment of the House

 The resigning Prime Minister Andrej Babiš (ANO) plans to submit the resignation of the government of the ANO and CSSD movements to President Miloš Zeman in writing immediately after the end of the inaugural meeting of the Chamber of Deputies. He said this after today’s telephone conversation with Zeman, who is being treated at the Central Military Hospital. On Thursday, the president was transferred from the intensive care unit to a standard room, but the hospital does not allow for widespread visits due to the covid-19 epidemic.

“We are waiting for the establishment of the House, if they appoint bodies, I will immediately convene the government and resign,” Babiš said. He added that he did not talk to Zeman about the exact date. He also discussed with the president why he could not see him in person today by the hospital’s decision. “We were surprised that I was not allowed to visit,” he said.

During today’s interview, Babiš confirmed to Zeman that he is not interested in being authorized to negotiate a new government. Before the election, the president said that he would entrust the party’s leader with the strongest parliamentary group, YES. “I confirmed to him that it doesn’t make sense, because Mr. (chairman of ODS Petr) Fiala didn’t want to meet me at all. Five-block (ODS, KDU-ČSL, TOP 09, STAN, Pirates) has 108 votes and they don’t want to talk to us at all. “Babiš told Radio Z. YES has no one to negotiate with and it is unrealistic to try something,” the prime minister said.

According to the prime minister, the president is “in absolutely better” condition than when he spoke to him in person on October 10 before being taken to the hospital. He stated that without his knowledge, Minister Lubomír Metnar (for YES) asked for an exemption from the visit ban, but that it was not granted. “I don’t want to break it through Metnar,” he said, whether he would try to get to the hospital.

Castle spokesman Jiří Ovčáček said in an interview that Babiš wanted to meet the president in person. “They consider it more appropriate than a phone call or video conference,” he said on Twitter.

Constitutional lawyers differ on whether Babiš must hand over his resignation to Zeman himself. Jan Kysela, a professor of constitutional law, told Deník N that, in his opinion, the president can only accept resignation from the prime minister in person. Another constitutional lawyer, Marek Antoš, takes a different position. “The method of delivering the resignation to the President is not decisive, so it can be done without a personal meeting. This is evidenced by many years of constitutional practice: delivery by official correspondence is common, “he replied to a question from ČTK. He added that the resignation should in any case be in writing in the interest of legal certainty.

Another expert on constitutional law, Jan Kudrna, agrees with Antoš, who also believes that the personal handing over of the resignation of the Prime Minister to the President is not necessary. He sees the fact that Article 73 of the Constitution explicitly speaks of the resignation “in the hands of the President of the Republic” as the use of ceremonial language. “This is a legal act for which there is no explicitly prescribed form. It usually consists in personal handing over the resignation document,” he explained, adding that although the resignation of the prime minister is usually handed over in person, handing over only in writing will not change its validity. “I would not bother with formalistic interpretations, the legal binding force is the same. After all, this has already happened in the past and it has never raised any questions and disputes of interpretation.” he told ČTK.