Transition to Democracy Transition to Democracy Lectures Lectures

The Executive The Executive PowersPowers

By Jan HolzerBy Jan Holzer

CDK & CDK & FAT, Chiang Mai, November FAT, Chiang Mai, November 20112011

The executive powerThe executive power

The executive branch is one of the The executive branch is one of the three main pillarsthree main pillars of power in the state.of power in the state.

The division of state powers into The division of state powers into executiveexecutive, , legislativelegislative, and , and judicialjudicial is typical f is typical foror democratic democratic regimes. regimes.

In non-democratic regimes the stateIn non-democratic regimes the state power power isis in the in the hands of a hands of a monopolistic actormonopolistic actor, , typically antypically an army army, a , a leaderleader or a monopoly party. The division of powers, if or a monopoly party. The division of powers, if it exists, is only a formal.it exists, is only a formal.

TThe executive branch is represented by two he executive branch is represented by two institutions, the institutions, the head of statehead of state and the and the governmentgovernment..

Government and head of stateGovernment and head of state

The maThe maiin role of the government n role of the government areare to: to:

Propose the laws; Propose the laws; Propose the state budget and to collect taxes;Propose the state budget and to collect taxes; To implement the policies within the frame of To implement the policies within the frame of

constitution and law, and by using the state constitution and law, and by using the state budget;budget;

To coordinate, organize, and oversight the social, To coordinate, organize, and oversight the social, economic, cultural economic, cultural and other and other spheres.spheres.

To manage the state bureaucracy.To manage the state bureaucracy.

The main role of the head of state is to represents the The main role of the head of state is to represents the state to the outside world.state to the outside world.

Executive branch under Executive branch under communist rulecommunist rule

The The Communist PartyCommunist Party of Czechoslovakia (KSČ) had of Czechoslovakia (KSČ) had dominant position dominant position over all institutions of the state. The over all institutions of the state. The power of the KSČ is additionally guaranteed by the SSSR power of the KSČ is additionally guaranteed by the SSSR and Warsaw Block.and Warsaw Block.

Typical Typical disparity betweendisparity between the formal the formal constitutional constitutional systemsystem on one hand and everyday on one hand and everyday political practicepolitical practice on on the other. Formally the government was the highest the other. Formally the government was the highest executive organ and it was answerable to the National executive organ and it was answerable to the National Assembly. Assembly.

In reality the government was not assembled based on In reality the government was not assembled based on the results of the results of free and competitive free and competitive parliamentary parliamentary elections. Governments ruled in accordance with the elections. Governments ruled in accordance with the directives and orders issued by the organs of the KSČ.directives and orders issued by the organs of the KSČ.

Communist Party Communist Party ((and not the governmentand not the government)) was the was the real power-holder. In the late 1980s the first voices real power-holder. In the late 1980s the first voices suggesting limited reforms came from within the suggesting limited reforms came from within the government and the bureaucracy, especially in the government and the bureaucracy, especially in the economic and cultural spheres. economic and cultural spheres.

The government was not the initiator of the reforms. The government was not the initiator of the reforms. However, some individuals within these structures However, some individuals within these structures (the so-called reform wing) were (the so-called reform wing) were more inclined more inclined towards dialoguetowards dialogue with the unofficial opposition. with the unofficial opposition.

These parts of tThese parts of the government and the bureaucracy he government and the bureaucracy were somewhat receptive to the idea of reform were somewhat receptive to the idea of reform because they had to because they had to face the growing problems in face the growing problems in societysociety and lack of legitimity of the regime. and lack of legitimity of the regime. They saw They saw how country was lagging in the economic and social how country was lagging in the economic and social indicators behind the countries of Western Europe.indicators behind the countries of Western Europe.

Role of the government in the Role of the government in the transitiontransition

Role of the government in the Role of the government in the transitiontransition

During the decisive weeks of the 1989 the Communist During the decisive weeks of the 1989 the Communist party top leadership was not able to react on the new party top leadership was not able to react on the new situation. It was the people around the government situation. It was the people around the government who arranged the first contacts with the opposition. who arranged the first contacts with the opposition. The The dialoguedialogue between the government and opposition between the government and opposition headed off the use of violenceheaded off the use of violence by the army or police. by the army or police.

The naming of a The naming of a government of national government of national reconciliationreconciliation (December 10, 1989) was a success for (December 10, 1989) was a success for the opposition. The government included the opposition. The government included representatives of the representatives of the oppositional oppositional Civic Forum (OF) Civic Forum (OF) and officials from the KSČ. and officials from the KSČ.

Member of KSČMember of KSČ Marián Marián Čalfa Čalfa was was named named a new a new premierpremier. The main goal of the new government was to . The main goal of the new government was to lead the country to lead the country to free free and democratic and democratic parliamentary parliamentary electionselections. .

The The significant significant story of story of Marián Marián ČalfaČalfa

The formerly The formerly highly placed and loyal official highly placed and loyal official of the of the Communist Party quickly realized the advantages of Communist Party quickly realized the advantages of presenting himself as a useful partner for the presenting himself as a useful partner for the opposition. His reward after the parliamentary elections opposition. His reward after the parliamentary elections of 1990 was again the of 1990 was again the post of premierpost of premier. .

Marián ČalfaMarián Čalfa represents an example of the represents an example of the quick quick adaptation by former communist adaptation by former communist to the new democratic to the new democratic conditions. conditions.

This story is nothing exceptional. This story is nothing exceptional. Vice versa - aVice versa - a certain certain degree of degree of participation by representatives of the former participation by representatives of the former (non-democratic) regimes(non-democratic) regimes in building the new in building the new (democratic) regime is regarded as an important (democratic) regime is regarded as an important and and probably necessary probably necessary part of the long-term success of any part of the long-term success of any transitiontransition adn democratization adn democratization. .

First (optimistic/realistic) First (optimistic/realistic) explanation explanation

for the Czechoslovak transitionfor the Czechoslovak transition After the university students´ demonstrations, the After the university students´ demonstrations, the

police intervention and police intervention and mass protestsmass protests, unofficial , unofficial dissident opposition dissident opposition came out with a project of came out with a project of democratization which quickly gained the support of a democratization which quickly gained the support of a decisive segment of the awakening Czech and Slovak decisive segment of the awakening Czech and Slovak public. public.

The communist The communist authorities proved to be unpreparedauthorities proved to be unprepared to to effectively react to the new situation. The KSČ was effectively react to the new situation. The KSČ was unable to mount a resistance to the awakening unable to mount a resistance to the awakening opposition. It capitulated quickly, and more or less opposition. It capitulated quickly, and more or less without a fight.without a fight.

Decisive factor of the change has been Decisive factor of the change has been society’s society’s yearning for freedomyearning for freedom and and democracy democracy ( (optimistic)optimistic), , or or social and economic boom (realistic) social and economic boom (realistic) which gave which gave people the courage to stand up to communismpeople the courage to stand up to communism

Second (sceptical, conspirative) Second (sceptical, conspirative) explanation explanation

for the Czechoslovak transitionfor the Czechoslovak transition The sThe simplicityimplicity of the of the transition, and the lack of transition, and the lack of

resistance by the KSČ, was due to a resistance by the KSČ, was due to a quiet agreement quiet agreement between a significant part of the so-called between a significant part of the so-called nomenclature and the opposition. nomenclature and the opposition.

Argument: in Argument: in the subsequent the subsequent economic economic transformationtransformation and and privatizationprivatization officials of the officials of the oldold/prior/prior regime used their contacts to make out regime used their contacts to make out better than ordinary citizens.better than ordinary citizens.

Decisive factor of the changeDecisive factor of the change:: strategic calculation by strategic calculation by part of the communist elite part of the communist elite that they had no more that they had no more interest in prolonging the non-functional communist interest in prolonging the non-functional communist model, and that it would be better to adapt to western model, and that it would be better to adapt to western standards, especially in the economstandards, especially in the economic sphereic sphere..

Czech transition phasesCzech transition phases November 17, 1989 - the November 17, 1989 - the police intervention against the police intervention against the

studentstudent demonstration followed by strike and demonstration followed by strike and mass mass protestsprotests..

End of November - the small unofficial End of November - the small unofficial dissident dissident opposition took the initiativeopposition took the initiative,, established Civic Forum established Civic Forum (OF) and came out with a project of democratization (OF) and came out with a project of democratization which quickly gained the support of a which quickly gained the support of a decisive segment decisive segment of the publicof the public. The communist authorities proved to be . The communist authorities proved to be unprepared to effectively react.unprepared to effectively react.

November 21, 1989 - The November 21, 1989 - The dialogue dialogue between the between the government and opposition.government and opposition.

December 10, 1989 - The naming of a December 10, 1989 - The naming of a government of government of

national reconciliationnational reconciliation. The . The new new government included government included representatives of the OF and the KSČrepresentatives of the OF and the KSČ; its main task; its main task was to lead the country to free and democratic was to lead the country to free and democratic parliamentary elections. parliamentary elections.

The The 1st 1st phasephase: F: From Nov 1989 rom Nov 1989 until Jun 1990until Jun 1990

TThhreree governments (Czechoslovak, Czech, Slovak) e governments (Czechoslovak, Czech, Slovak) were formed on the basis of were formed on the basis of behind-the-scenes behind-the-scenes political agreementspolitical agreements.. The main trend: The main trend: (1.) (1.) the the growing influence of the democratic forces, and growing influence of the democratic forces, and (2.) (2.) the weakening of the ability (and willthe weakening of the ability (and willingnessingness) ) of the old regime to block change.of the old regime to block change.

The federal governmentThe federal government tooktook the the most important most important stepssteps: it started reorientation in the foreign, : it started reorientation in the foreign, economic, economic, and and socialsocial policpoliciesies..

December 10December 10 – The – The abdication abdication of the long-standing of the long-standing Communist president Gustav Husák.Communist president Gustav Husák.

December 29December 29 – The – The election of Václav Havelelection of Václav Havel, the , the most prominent representative of the Czech anti-most prominent representative of the Czech anti-communist oppositioncommunist opposition,, as the new president. as the new president.

June 1990 – June 1990 – the first freethe first free and competitive and competitive

elections elections A key change was brought by the A key change was brought by the first free first free and and

competitive competitive parliamentary electionsparliamentary elections. . The elections were a typical The elections were a typical plebiscite on the former plebiscite on the former

regimeregime. . It was for many voters nIt was for many voters not a choice among a ot a choice among a number of new political parties but a number of new political parties but a dilemmadilemma between between communism and democracy. The communism and democracy. The crushing victorycrushing victory by by the OF gave democratic forces the legitimacy to the OF gave democratic forces the legitimacy to continue with reforms.continue with reforms.

New New three three governments were formed. They had a governments were formed. They had a two-two-year mandateyear mandate. The new federal government was again . The new federal government was again headed by headed by Marián ČalfaMarián Čalfa. The key posts were filled by . The key posts were filled by representatives of the OF and VPNrepresentatives of the OF and VPN (Slovak oppositional (Slovak oppositional movement)movement); and the government had a majority in the ; and the government had a majority in the Federal Assembly.Federal Assembly.

TThe he 2nd2nd phase (1990-1992) phase (1990-1992)

The parliamentary elections in 1990 began the second phase of the transition: the communists were defeated, and anti-communist unity was no longer a necessity. The broad opposition camp started to split, mainly over the future direction of transformation, and the issue of the design of institutional structure of the common state of Czechs and Slovaks.

The post-election governments of the OF and VPN launched the process of economic transformation. At the same time they were forced to deal with the future of the federal state itself.

July 5, 1990 - Václav Havel was re-elected as President of Czechoslovakia by members of parliament, albeit this time by a freely-elected parliament.

2nd 2nd parliamentary elections parliamentary elections ((June 1992June 1992))

The party sThe party system ystem wwasas becoming becoming increasingly increasingly polarizedpolarized. The broad opposition movement of the . The broad opposition movement of the Velvet Revolution was replaced in the Czech lands Velvet Revolution was replaced in the Czech lands by the Civic Democratic Party (ODS), and in Slovakia by the Civic Democratic Party (ODS), and in Slovakia the Movement for a Democratic Slovakia (HZDS).the Movement for a Democratic Slovakia (HZDS).

Their leaders, Václav Klaus and Their leaders, Václav Klaus and Vladimír MečiarVladimír Mečiar, , agreed to agreed to break up the federationbreak up the federation and create two and create two independent states, the Czech Republic and the independent states, the Czech Republic and the Slovak Republic, as of January 1, 1993. Slovak Republic, as of January 1, 1993.

The center of executive power in the Czech lands The center of executive power in the Czech lands shifted to the new Czech government. shifted to the new Czech government. TThe he federal federal government went out of existencegovernment went out of existence on December 31, on December 31, 1992.1992. Václav Václav Havel resignedHavel resigned as president as of July as president as of July 20, 1992.20, 1992.

ConclusionConclusion

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