Does the government's defence funding bill really only create an unenforceable political commitment?

The article is devoted to the draft law on defence financing, which aims to oblige the government to allocate an amount of at least 2% of GDP to defence in every draft law on the state budget. During the inter-ministerial comment procedure, the Supreme Audit Office expressed doubts whether the draft...

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Bibliographic Details
Published inVojenské rozhledy Vol. 32; no. 2; pp. 23 - 34
Main Author Kudrna, Jan
Format Journal Article
LanguageCzech
English
Published Univerzita obrany - Centrum bezpenostních a vojenskostrategických studií 01.01.2023
University od Defence - Centre for Security and Military Strategic Studies
Ministry of Defence of the Czech Republic
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Summary:The article is devoted to the draft law on defence financing, which aims to oblige the government to allocate an amount of at least 2% of GDP to defence in every draft law on the state budget. During the inter-ministerial comment procedure, the Supreme Audit Office expressed doubts whether the draft means anything more than an unenforceable political commitment in relation to the Chamber of Deputies". The article convincingly demonstrates, with the help of legal argumentation and interpretation of the Constitution of the Czech Republic, the Rules of Procedure of the Chamber of Deputies, as well as the established case law of the Constitutional Court of the Czech Republic, that if approved, the Chamber of Deputies will also be bound by the Defence Financing Act when approving the state budget. To do otherwise would violate constitutionality.
ISSN:1210-3292
2336-2995
DOI:10.3849/2336-2995.32.2023.02.023-034