Vyjádření pro Transitions: O čem je a jak zřejmě dopadne kompetenční spor prezidenta s vládou

"The constitution is written in a general sense, not in a concrete sense," said Tomas Nahodil, an attorney specializing in constitutional matters. "How to interpret the constitution is a professional discipline. According to me, politicians don't always do it the right way – it's a little bit of a style, how to be interesting for the voters."

Nahodil argues that precedent carries legal weight. "Beginning in 1997, the Czech Republic has been represented [at the NATO summit] by the president, who is the leader of the delegation," he said. If the political class has accepted this for the past 30 years, "that means this constitutional habit became the right way to interpret the constitution."

Nahodil says that the current standoff may be a first – but only in that it is being played out in the full glare of publicity.

"The government's [original] position was: we will not let him be a member of the delegation, and we will not give him any services – no plane, no diplomatic information, no support," Nahodil said. "This was not the case over the last 30 years. If the president and the prime minister found a compromise before, the public simply never knew about it."

Nahodil dismisses claims of the court's alleged improper behavior. "The preliminary decision is just a way to preliminarily set rules between the parties," he said. "It's not used a lot of the time, but when there is a lack of time, the only way is to set a preliminary decision. It's not a problem, and it is legal."

"The government respected the decision, but not, according to me, quickly and in the quality I expected," Nahodil continued. Under Havel, Klaus, and Zeman, he noted, "they could staff their own delegation, or prepare their own list of their closest colleagues who would take part in the delegation." This time, the foreign minister accredited only four people for Pavel's team. The president and prime minister won't even travel together; Babis' delegation and Pavel's team are flying to Ankara on separate planes.

Looking ahead to the court's final ruling on the scope of presidential authority this fall, Nahodil predicts continuity.

"According to me, the final decision will be that the president has the right to be at least a member, if not the head, of the delegation," he said, "because it is his right to represent the state, and that representation doesn't require the prime minister's countersignature."

Zdroj: Stumbling to the Summit; Michaela Hanson; Transitions; 06.07.2026