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                <title>Revolution by the Law: Transformation of the Czechoslovak Federal Assembly
                    1989–1990</title>
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                    <persName>
                        <forename>Adéla</forename>
                        <surname>Gjuričová</surname>
                    </persName>
                    <roleName>senior researcher</roleName>
                    <roleName>PhD</roleName>
                    <affiliation>Institute of Contemporary History of the Czech Academy of
                        Sciences</affiliation>
                    <address>
                        <addrLine>Puškinovo náměstí 9</addrLine>
                        <addrLine>Prague 6</addrLine>
                        <addrLine>16000</addrLine>
                        <addrLine>Czech
                        Republic</addrLine>
                    </address>
                    <email>roubal@usd.cas.cz</email>
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                    <orgName xml:lang="sl">Inštitut za novejšo zgodovino</orgName>
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                        <addrLine>Kongresni trg 1</addrLine>
                        <addrLine>SI-1000 Ljubljana</addrLine>
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                <pubPlace>http://ojs.inz.si/pnz/article/view/130</pubPlace>
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                <title xml:lang="sl">Prispevki za novejšo zgodovino</title>
                <title xml:lang="en">Contributions to Contemporary History</title>
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                <biblScope unit="issue">3</biblScope>
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                    <term>Czechoslovakia 1989-1990</term>
                    <term>Parliamentarism</term>
                    <term>The Federal Assembly</term>
                    <term>Velvet Revolution in Czechoslovakia</term>
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                <keywords xml:lang="sl">
                    <term>Češkoslovaška 1989–1990</term>
                    <term>parlamentarizem</term>
                    <term>zvezni parlament</term>
                    <term>žametna revolucija na Češkoslovaškem</term>
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        <front>
            <docAuthor>Petr Roubal<note place="foot" xml:id="ftn1" n="*">senior researcher, PhD,
                    Institute of Contemporary History of the Czech Academy of Sciences, Puškinovo
                    náměstí 9, Prague 6, 16000, Czech Republic, <ref target="mailto:roubal@usd.cas.cz"
                        >roubal@usd.cas.cz</ref></note></docAuthor>
            <docImprint>
                <idno type="cobissType">Cobiss type: 1.01</idno>
                <idno type="UDC">UDC: 328: 340.134(437)"1989/1990"</idno>
            </docImprint>
            <div type="abstract" xml:lang="sl">
                <head>IZVLEČEK</head>
                <head type="main">REVOLUCIJA V SKLADU Z ZAKONOM: PREOBLIKOVANJE ČEŠKOSLOVAŠKEGA
                    ZVEZNEGA PARLAMENTA V OBDOBJU 1989–1990</head>
                <p><hi rend="italic">Študija raziskuje vlogo zveznega parlamenta v žametni
                        revoluciji. Z razpadom komunistične partije je zvezni parlament
                        nepričakovano postal ključna ustavna institucija s pomembnimi pooblastili v
                        času hitrih političnih sprememb. Revolucionarno gibanje Državljanski forum
                        je doseglo sprejem zakonodaje, ki mu je omogočila, da je razrešilo precej
                        poslancev in jih s kooptacijo nadomestilo s svojimi kandidati. Ta metoda
                        »čistke« parlamenta je imela daljnosežne posledice za češkoslovaško
                        politično kulturo po novembru.</hi></p>
                <p><hi rend="italic">Ključne besede: Češkoslovaška 1989–1990, parlamentarizem,
                        zvezni parlament, žametna revolucija na Češkoslovaškem</hi></p>
            </div>
            <div type="abstract">
                <head>ABSTRACT</head>
                <p>
                    <hi rend="italic">This study looks at the role of the Federal Assembly in the
                        Velvet Revolution. With the disintegration of the communist party, the
                        Federal Assembly became unexpectedly a key constitutional institution with
                        far reaching powers in times of rapid political change. The revolutionary
                        movement Civic Forum forced through a legislation that enabled to recall
                        substantial part of the members of the parliament and replace them by its
                        own candidates through co-optation. This method of “cleansing” of the
                        parliament had far-reaching consequences for the post-November Czechoslovak
                        political culture. </hi></p>
                <p><hi rend="italic">Keywords: Czechoslovakia 1989-1990, Parliamentarism, The
                        Federal Assembly, Velvet Revolution in Czechoslovakia</hi></p>
            </div>
        </front>
        <body>
            <div>
                <head>Introduction<note place="foot" xml:id="ftn2" n="1">This text is an abridged
                        and adapted version of the study Petr Roubal, <hi rend="italic">Starý pes,
                            nové kousky: kooptace do Federálního shromáždění a vytváření
                            polistopadové politické kultury</hi> [Old Dog, New Tricks: Co-optations
                        in the Federal Assembly and the Development of the Post-November Political
                        Culture] (Prague: Ústav pro soudobé dějiny, 2013).</note></head>
                <p>The term democratic revolution is an oxymoron. The leaders of the revolution in
                    1989 were aware that it was impossible to mobilise masses, improvise and keep on
                    surprising the opponent and, at the same time, remain democrats. “We, who fight
                    for democracy, cannot be democrats,” Timothy Garton Ash thus paraphrased Brecht
                    when characterising the strategy of the Civic Forum.<note place="foot"
                        xml:id="ftn3" n="2">Timothy Garton Ash, <hi rend="italic">We The People: The
                            Revolution of 89 Witnessed in Warsaw, Budapest, Berlin &amp; Prague</hi>
                        (London: Penguin Books, 1990), 89.</note> The revolutionariesʼ dilemma in
                    1989 was not new and, in different form, is present within every modern
                    revolution. In case of anti-Communist revolutions, however, an additional fact
                    played a role: the old régimes were equipped with formally democratic
                    constitutions and elected institutions. Moreover, with the disintegration of the
                    power of Communist Parties, the Communist constitutions and parliaments were
                    often the only means to hold the supranational states together. Furthermore, the
                    Opposition had played, for some time, a peculiar game with the state when
                    pretending to be taking seriously the formal constitutionality and democratic
                    nature of the Communist régime and addressing its protests to the Federal
                    Assembly or the Federal Government, instead of the Party bodies. Naturally, the
                    constitutional institutions responded by using police repressions.<note
                        place="foot" xml:id="ftn4" n="3">Cf. ICH, COH, collection Interviews. An
                        interview with Dana Němcová, Prague, March 12, 2012.</note> The revolutions
                    of 1989 thus had to be (and, at the same time, could not be) not merely
                    democratic, but also constitutionally correct. This political contradiction led
                    to constitutional improvisations across Eastern Europe. In Czechoslovakia the
                    improvisations assumed a particularly imaginative shape in co-optations to
                    parliamentary and other elected institutions in December 1989 and January
                    1990.</p>
                <p>Legally, co-optation means an extension of the number of members of an
                    institution by electing additional members. Sociologically, then, co-optation
                    means integration of a marginal Opposition group into the mainstream. In
                    Czechoslovakia, co-optation was used for all three parliaments and national
                    committees following a proposal by Zdeněk Jičínský, constitutional specialist
                    and dissident, based on roundtable political accords of the second half of
                    December 1989 and early January 1990. Co-optations were to serve as expedient
                    means to remove politically compromised individuals from the representative
                    assemblies and to replace them with members of the two revolutionary movements –
                    the Civic Forum and the Public Against Violence. It thus entailed two
                    intertwined processes of dismissal and co-optation of deputies. The politically
                    pivotal co-optations to the Federal Assembly were exercised in two waves. First,
                    on 28 December 1989, a day before the Presidential election of Václav Havel,
                    over twenty MPs were co-opted including Alexander Dubček who was instantly
                    elected Chairman of the Federal Assembly. Shortly after the dramatic adoption of
                    the bill on the dismissal of deputies, early January 1990 saw the second wave of
                    co-optations that was far more extensive and introduced over 130 additional MPs
                    to the Federal Assembly. The change (officially termed reconstruction) of both
                    national councils and national committees in larger cities proved equally
                    radical. Whilst the co-optations were generally accepted in the Czech lands as a
                    pragatic solution, they faced (ineffective) resistance in Slovakia not merely
                    among Communist deputies, but also within the Opposition.</p>
                <p>The following analysis of co-optations is part of a wider research into the
                    Federal Assembly in 1989–1992 that explores the mechanisms of
                    “self-parliamentarisation”, a process of gradual emancipation of legislative
                    vis-à-vis executive power. The study has three objectives. First, it follows
                    upon the work by Jiří Suk on the revolutionary months at the break of 1989 and
                        1990.<note place="foot" xml:id="ftn5" n="4">Cf. e.g. Jiří Suk,
                        “Czechoslovakia in 1989: Causes, Results, and Conceptual Changes,” in <hi
                            rend="italic">Revolutions of 1989. A Handbook</hi>, ed. Wolfgang Mueller
                        et. al. (Wien: Verlag der Oesterreichischen Akademie der Wissenschaften,
                        2015), 137–160.</note> Using similar methodologies and sources (the archive
                    of the Civic Forum) the study attempts to explore one of the side corridors of
                    the “labyrinth of revolution”. Co-optations are often deemed to be “the
                    ancestral sin” at the beginning of many subsequent failures in the 1990s. Hence
                    it is worth exploring what led to the situation and their possible alternatives.
                    Second, the very topic of the Federal Assembly and the sources it generates
                    (verbatim transcripts of plenary debates, debates in committees and at the
                    presidium, as well as interviews with former MPs) offer an additional
                    opportunity to approach the revolution of November 1989 from the perspective of
                    the marginalised or defeated stakeholders. In contrast with Havelʼs vision of
                    moral and aesthetic revolution that destroys all dire and ugly, the struggle for
                    the dominance in the parliament sheds light on the reform vision of an “articled
                        revolution”<note place="foot" xml:id="ftn6" n="5">Valtr Komárek, “Děkujeme,
                        přijďte” [Thank You, Do Come], in <hi rend="italic">Pocta Zdeňku Jičínskému
                            k 80. narozeninám</hi> [Festschrift for Zdeněk Jičínský on his 80<hi
                            rend="superscript">th</hi> Birthday], ed. Vladimír Mikule et al. (Praha:
                        ASPI, 2009), 294–296.</note> coined by Zdeněk Jičínský with his deep-rooted
                    scepticism about the genius of a mass and its leaders. This brings together two
                    political times: the dynamic time of the revolution against the dragging time of
                    parliamentary democracy. This is also the ideological world of those defeated,
                    the MPs who did not want to be merely used and discarded by the Civic Forum ,
                    but to be part of the changes, fighting for their right to consent, to which
                    they were entitled even under the Communist régime.</p>
            </div>
            <div>
                <head>Cooptation in historical and regional context</head>
                <p>Co-optations fall within a particular Czech political tradition under which
                    elections were never used in key historical junctures to achieve new legitimacy.
                    In 1918, at the time of the foundation of Czechoslovakia, the National Committee
                    and subsequently the National Assembly were established as revolutionary bodies
                    of political parties. They bore no political continuity with land assemblies and
                    the Imperial Council. After Munich the change in geographical and political map
                    was manifested in the so called short parliament where members from the occupied
                    regions lost mandates, as did subsequently the members from the Communist Party.
                    After the war the main political parties recognised the continuity of
                    Presidential office, but not that of the parliament. The interim national
                    assembly was thus called by the President by decree. Even though the parties
                    were to again delegate their deputies, the post-war developments have brought a
                    new understanding of parliament not as part of the division of power, but as the
                    supreme constituent of self-government.<note place="foot" xml:id="ftn7" n="6"
                        >Jan Dobeš, <hi rend="italic">Národní shromáždění v letech 1945-1948</hi>
                        [The National Assembly in 1945–1948] (PhD diss., Charles University,
                        2010).</note> The discontinuity proved to be also personal: merely ten
                    percent of the former MPs sat in the Interim National Assembly.<note
                        place="foot" xml:id="ftn8" n="7">Michal Pehr, “Československý parlament po
                        druhé světové válce” [The Czechoslovak Parliament after World War II], in
                            <hi rend="italic">Parlament v čase změny – případové studie z vývoje
                            českého a československého parlamentarismu</hi>, ed. Vratislav Doubek et
                        al. (Praha: Akropolis 2011), 79.</note> In February 1948 the Constitutional
                    National Assembly did not play any significant role. Afterwards the
                    parliamentary Action Committee swiftly neutralised non-Communist MPs using a
                    combination of pressure and incentives (a number of them engaged actively in the
                    cleansing within their own parties). Until the May 1948 elections no MP was
                    formally stripped of mandate, though some had resigned, ten were arrested and
                    over thirty had emigrated.</p>
                <p>In 1968, during the debates on federalisation, the Czech National Council was
                    established as the counterweight to the Slovak National Council.<note
                        place="foot" xml:id="ftn9" n="8">Constitutional act on the preparation of
                        federal constitution of the Czechoslovak Socialist Republic (77/1968
                        Coll.).</note> In July the National Assembly elected 150 MPs to the Czech
                    National Council from its midst and from among the “notables in the Czech public
                    life” nominated by the National Front.<note place="foot" xml:id="ftn10" n="9"
                        >Zdeněk Jičínský, <hi rend="italic">Vznik České národní rady v době
                            pražského jara 1968 a její působení do podzimu 1969</hi> [The Emergence
                        of the Czech Nation Council during the Prague Spring 1968 and Its Operation
                        until the Autumn of 1969] (Köln: Index, 1984), 25. Cf. Jiří Hoppe, “Pražské
                        jaro 1968 v parlamentu” [The Prague Spring 1968 in the Parliament], in <hi
                            rend="italic">Parlament v čase změny ̶ případové studie z vývoje českého
                            a československého parlamentarismu</hi> [The Parliament at the Time of
                        Change – Case Studies on the Development of the Czech and Czechoslovak
                        Parliamentarism], ed. Vratislav Doubek et. al. (Prague: Akropolis, 2011),
                        101–119.</note> The Constitutional Act on Czechoslovak Federation from
                    October 1968 stipulated that the Czech National Council would be extended to 200
                    deputies by co-optation. The MPs for the newly formed House of Nations of the
                    Federal Assembly would also be elected from its midst.<note place="foot"
                        xml:id="ftn11" n="10">Articles 146 and 147 of the Constitutional Act on
                        Czechoslovak Federation (143/1968 Coll.).</note> Finally, the Constitutional
                    Act No 117/1969 Coll. again extended the term of parliamentary mandate from the
                    standard four years to a total of seven. Particularly, however, it enabled
                    cleansing within the parliaments. The Act empowered representative assemblies to
                    strip their MPs of a mandate, <hi rend="italic">inter alia</hi> because “his or
                    her activity harms the politics of the National Front.” By the 1971 elections,
                    about one quarter of MPs in the Federal Assembly were thus replaced along with
                    nearly one half of deputies in the Czech National Council. The Council, due to
                    the date of its foundation during the hot summer of the Prague Spring, exerted
                    greater resistance to the post-August leadership. All changes derived formally
                    from the mandate, albeit quite dubious, arising from the last elections to the
                    National Assembly in 1964. For instance, Zdeněk Jičínský, the author of the
                    post-November co-optation, first served as MP in the Czech National Council and
                    later also in the Federal Assembly, only to lose both mandates a year later: the
                    process ensued without – even formal – voter involvement.</p>
                <p>The Czechoslovak model of co-optations was not used during the fall of Communism
                    in any of the countries within the Soviet bloc. Yet all of them (with the
                    exception of Romania), faced quite similar structural issue: how to deal with
                    the constitutional legacy of Communism, particularly the legislative power of
                    the parliament.<note place="foot" xml:id="ftn12" n="11">On Communist parliaments
                        in the Soviet bloc see Daniel Nelson and Stephen White, <hi rend="italic"
                            >Communist Legislatures in Comparative Perspective</hi> (New York: State
                        University of New York Press, 1982). Cf. Joachim Amm, <hi rend="italic">Die
                            Föderalversammlung der CSSR: sozialistischer Parlamentarismus im
                            unitarischen Föderalismus 1969–1989</hi> (Wiesbaden: Westdeutscher
                        Verlag, 2001).</note> When the old régime fell, all countries within the
                    former Soviet bloc had legislatures constructed upon the model of the Stalinist
                    constitution of 1936 (although virtually all of them had been transformed by
                    major constitutional changes in the 1970s and 1980s). Those parliaments were
                    mostly “elected” in the early days of perestroika. The reformist or
                    revolutionary élites had to raise a question whether a Communist parliament is
                    actually a parliament and what the consequences are of such a query. Reformers,
                    revolutionaries and conservatives included, to varying degrees, parliaments in
                    their strategies, and parliamentary officials sought their place on the newly
                    emerging political map. Year 1989 thus has not entailed as much a “return to
                    democracy”, and certainly not in its interwar shape, but adaptation of
                    “socialist democracy” and its constitutionalism to the context of open society.
                    Similarly to the study of post-Communist nationalism, this paper also refutes
                    the “freezer” thesis which claims that Communism merely froze ethnic conflicts
                    that resurfaced during the political meltdown.<note place="foot" xml:id="ftn13"
                        n="12">Cf. e.g. Katherine Verdery, <hi rend="italic">National Ideology Under
                            Socialism: Identity and Cultural Politics in Ceausescu's Romania</hi>
                        (Berkeley: University of California Press, 1991).</note> Similarly to
                    nationalism, Communism not merely preserved, but mainly created and constituted
                    political institutions. Additionally, Communist parliaments in the constituent
                    republics in federal states were able to become (and often became indeed) the
                    main instrument for the constitution of nation states. Similarly to
                    disintegration, Communist parliament played an important role in the German
                    unification. The East German <hi rend="italic">Volkskammer</hi> that gained new
                    legitimacy by the hastily called early elections in March 1990, proved to be a
                    pivotal institution in the process of German unification.<note place="foot"
                        xml:id="ftn14" n="13">Werner J. Patzelt and Roland Schirmer, <hi
                            rend="italic">Die Volkskammer der DDR. Sozialistischer Parlamentarismus
                            in Theorie und Praxis</hi> (Wiesbaden: Westdeutscher Verlag,
                        2002).</note> The method of Czechoslovak co-optations, though not applied
                    elsewhere, was one of the examples – and certainly not the most radical one – of
                    daring constitutional improvisations at the end of the Communist era in Eastern
                    Europe.</p>
            </div>
            <div>
                <head>A path to the first wave of co-optations</head>
                <p>The Federal Assembly that first convened just twelve days after the incident at
                    Národní třída, did not play any role in the first days of the November
                    revolution. The Opposition also ignored it at first, adressing its demands to
                    the Communist Party and the Federal Government. It was Zdeněk Jičínský who
                    helped the demand for the “reconstruction” of the Federal Assembly to be tabled
                    as early as at the second talk between the Civic Forum and Prime Minister Adamec
                    at the Government Presidium on 28 November. Jičínský proposed a constitutional
                    bill on dismissal and co-optation of MPs to be adopted along with the abolition
                    of the leading role of the Communist Party:</p>
                <quote>“...deputies in the Federal Assembly, the Czech National Council and the
                    Slovak National Council, and representative assemblies at all levels, who
                    compromised their parliamentary pledge and neglected the will and interests of
                    the people, may be dismissed from their posts by the representative assembly
                    which they are members of. The representative assemblies shall elect new members
                    based on nominations presented by the National Front along with the Civic Forum
                    and/or the Public Against Violence. The election shall be carried out by the
                    representative assembly to which the candidate is nominated.”<note place="foot"
                        xml:id="ftn15" n="14">Vladimír Hanzel, <hi rend="italic">Zrychlený tep
                            dějin. Reálné drama o deseti jednáních </hi>[An Accelerated Pace of
                        History. Real Drama in Ten Acts] (Prague: OK Centrum, 1991), 47.
                    </note></quote>
                <p>Zdeněk Jičínský presented the demand remarkably early on during the revolutionary
                    negotiations. Just a day after the general strike, the Civic Forum did not yet
                    have any ambition to enter the government, moreover to serve at the Federal
                    Assembly. At the time Jičínskýʼs proposal for co-optations did not lead, to
                    political regrouping of the parliament, but rather to its cleansing. The aim was
                    to cleanse the parliament and to retain it operability at the same time.
                    Jičínskýʼs erudition was manifested in the fact that he realised well before
                    anyone else among the leaders of the Civic Forum, the risk of spontaneous
                    pressure on resignations of MPs that would end up blocking the parliament.<note
                        place="foot" xml:id="ftn16" n="15">Zdeněk Jičínský took part in, <hi
                            rend="italic">inter alia</hi>, drafting the Czechoslovak Constitution of
                        1960, and the Constitutional Act of 1968.</note> The issue was made even
                    graver as the Civic Forum called from the outset for swift resignation of the
                    President: it was the Federal Assembly to take over some of his powers.<note
                        place="foot" xml:id="ftn17" n="16">Article 58 para. 6 of the Constitutional
                        Act on Czechoslovak Federation 143/1968 Coll.</note></p>
                <p>Jičínskýʼs proposal was not the only means of cleansing the representative corps.
                    The electoral act from 1971 allowed for dismissal of deputies. A number of local
                    activists from within the Opposition hoped to use the instrument.<note
                        place="foot" xml:id="ftn18" n="17">James Krapfl, <hi rend="italic"
                            >Revolution with a Human Face: Politics, Culture, and Community in
                            Czechoslovakia, 1989–1992</hi> (Ithaca: Cornell University Press, 2013),
                        169-170.</note> The Civic Forum was also able to mobilise the public to
                    exert sufficient pressure upon individual MPs to resign willingly. The situation
                    faced by the deputies, particularly those who did not represent the central
                    institutions of power, but were to represent the society (regionally,
                    professionally, in terms of age and gender) was unenviable. The Communist régime
                    used the deputies as one of the means to communicate with the public and to
                    control public criticism. The deputies, as members of the Federal Assembly, were
                    quite well known within their local context: the public did not perceive them as
                    its “representatives”, but those of the régime. At regular meetings with voters
                    in their local constituencies particularly during the late perestroika, they had
                    to to listen to criticism of the failing régime without having had any
                    opportunity to affect the situation. The deputies had no power during Communism,
                    the less so during the revolution, hence they lacked political backing as
                        well.<note place="foot" xml:id="ftn19" n="18">Adéla Gjuričová,
                        “Profesionalizace parlamentů před a po Listopadu” [Professionalisation of
                        Parliaments prior and after November] (paper presented at the conference
                        Češi a Slováci ve Federálním shromáždění 1989–92 [The Czechs and Slovaks in
                        the Federal Assembly 1989 – 92], Prague, National Museum, Nov. 22– 23,
                        2012). See also Adéla Gjuričová, “Coming to (a Short) Life: The Czechoslovak
                        Parliament 1989–1992” in this issue.</note> The Civic Forum did take it into
                    account. In a debate on how to make the MPs to elect Václav Havel for President,
                    one of the key activists of the Civic Forum stated that there was no danger of
                    any resistance on their part: “Such person has neighbours, lives in a
                    neighbourhood, and has relatives ...”<note place="foot" xml:id="ftn20" n="19"
                        >Jiří Suk, “K prosazení kandidatury Václava Havla na úřad prezidenta
                        v prosinci 1989: Dokumenty a svědectví” [On Getting Through the Václav Havel
                        Presidential Candidacy in December 1989: Documents and Testimonies], <hi
                            rend="italic">Soudobé dějiny</hi> 2–3 (1999): 357.</note></p>
                <p>The issue, however, was that the Opposition did not need a “pure” parliament, but
                    an operational one. Following the dismissal of MPs, the vacated seats had to be
                    filled again. Constitutional Acts were adopted by a three-quarter majority of
                        <hi rend="italic">all</hi> MPs, not merely of those present. Therefore, in
                    combination with the ban on majorisation,<note place="foot" xml:id="ftn21"
                        n="20">The “minority veto” protected the Slovak MPs from being outvoted by
                        their more numerous Czech counterparts.</note> an absence of 31 MPs in
                    either the Czech of Slovak section of the House of Nations was enough to curb
                    adoption of a Constitutional Act. The electoral law at the time allowed for
                    by-elections, whilst also accounting for the possibility of choosing from a
                    number of candidates. Yet by-elections, similarly to direct election of the
                    President, were in conflict with “partial mobilisation” used by the Civic Forum
                    to successfully marginalise its political competitors. The Civic Forum was the
                    only one to manage to dominate public urban space and, in the free elections, it
                    faced unnecessary competition. In a dispute with Zdeněk Jičínský over whether
                    Havelʼs candidacy enjoyed broad public support, Václav Benda, the key figure of
                    the Catholic Opposition, put the point accurately: “We are not dealing here as
                    much of with some vague opinion of broad masses. In this particular situation it
                    is the active masses who decide.”<note place="foot" xml:id="ftn22" n="21">Jiří
                        Suk, <hi rend="italic">Občanské fórum, listopad-prosinec 1989, 2. díl –
                            dokumenty</hi> [Civic Forum, November–December 1992, volume 2:
                        Documents] (Praha, Brno: Doplněk, 1998), 87-88.</note></p>
                <p>The leaders of the Civic Forum realised the significance of the Federal Assembly
                    on the night of 5 December, at the point when they decided to take over key
                    Ministries and that Havel would be running for Presidency.<note place="foot"
                        xml:id="ftn23" n="22">Suk, <hi rend="italic">Občanské fórum,</hi> 96.
                    </note> Václav Havel, in his then frequently quoted statement, referred to the
                    Federal Assembly as to a “minor problem” that “still has to elect somebody here
                    and there or has to adopt something”.<note place="foot" xml:id="ftn24" n="23"
                        >Suk, <hi rend="italic">Občanské fórum,</hi> 98. </note> The statement shows
                    that Havel was quite content with the “rubber-stamping” nature of the then
                    Federal Assembly. He had no intention to change anything about the voting
                    machine until the elections.<note place="foot" xml:id="ftn25" n="24">More on
                        this in Jiří Suk, <hi rend="italic">Labyrintem revoluce</hi> [Through the
                        Labyrinth of the Revolution] (Praha: Prostor, 2003), 248–250.</note> The
                    issue, however, was that the Civic Forum did not know how to control the voting
                    machine to generate the right legislation and, particularly, to elect the right
                    President. Petr Pithart summarised the uncertainty quite well: “What was agreed
                    yesterday is one thing, certainly. The other matter is how to arrange for the
                    people in the parliament to accept it. Because the Party will only tell them two
                    more things: To go to hell and to elect Vašek Havel. And they will be casting
                    secret vote! I am not certain whether these two instructions might prove
                    mutually contradictory. No one can force and check on them.”<note place="foot"
                        xml:id="ftn26" n="25">Suk, <hi rend="italic">Občanské fórum</hi>, 197.</note></p>
                <p>The Civic Forum soon came to realise that, not only did it not know how to make
                    the Federal Assembly elect Václav Havel to Presidency, but also that it had been
                    unable to prevent the other side from using it. During the second roundtable
                    talks on 11 December, Vasil Mohorita surprised the Civic Forum when he announced
                    that he would propose to the Federal Assembly a change of the Constitution in
                    order to introduce direct election of the President. The Communist Party thus
                    took over the initiative for a while and put the Civic Forum in a paradoxical
                    situation of a defender of Communist constitutionalism and opponent of direct
                    democracy. The Communist Party showed that it was also able to reach for
                    “revolutionary” methods. As Zdeněk Jičínský emphasised in his response to the
                    proposal, direct election of the President would not only be in conflict with
                    the existing constitutional tradition of parliamentary democracy, but would be
                    in utter conflict with the spirit of the Constitutional Act on Federation of
                    1968 as it would enable the Czechs to outvote the Slovaks.<note place="foot"
                        xml:id="ftn27" n="26">Zdeněk Jičínský, “K volbě prezidenta” [On the Election
                        of the President], <hi rend="italic">Svobodné slovo</hi>, December 19, 1989,
                        3. Reprinted in Suk, <hi rend="italic">Občanské fórum</hi>,
                    149–150.</note></p>
                <p>The Civic Forum responded to the obstinacy of the parliament by calling mass
                    demonstrations in front of the Federal Assembly. At the same time it started to
                    speak of the Federal Assembly within the categories of sin and guilt. The
                    dismissal of MPs was to become the “most dignified and visible form of
                    repentance for the past inactivity of the Federal Assembly, not having prevented
                    the evil. The repentance of the MPs at the Federal Assembly may thus be
                    manifested by the swiftest possible election of the President.”<note
                        place="foot" xml:id="ftn28" n="27">Suk, <hi rend="italic">Občanské
                            fórum</hi>, 230.</note></p>
                <p>Within the last days of 1989 the two parties eventually reached a temporary
                    compromise on the Constitutional Act on Co-optation of Deputies. It did not
                    include dismissals of deputies, and merely filled the seats vacated after a
                    series of resignations. Nevertheless, the Civic Forum continued to expect to use
                    the model of dismissal of MPs from 1969 after the election of the President. Yet
                    it did not mention the intention in public or to MPs. During the meeting of
                    officials of the Civic Forum and the Public Against Violence on 22 December,
                    Pavel Rychetský, a lawyer and member of the narrowest leadership circle in the
                    Civic Forum, explained further approach to his Slovak partners: “It would not be
                    appropriate for Dubček to be the only one to become MP on Wednesday (28
                    December). He ought to be among at least ten or twelve others so that it does
                    not look inappropriate. We intend to sit down with you [Public Against Violence]
                    to go over the actual reconstruction. We have put together – I think I can say
                    it here – some kind of a shooting list of MPs from the Czech lands who simply
                    cannot remain in their posts.”<note place="foot" xml:id="ftn29" n="28">Suk, <hi
                            rend="italic">Občanské fórum</hi>, 263.</note> The first wave of
                    co-optation was thus not intended to change the proportion of votes in the
                    Federal Assembly, but to symbolically accompany Alexander Dubček to the post of
                    the Chairman. It was also to create a parliamentary clearway that would enable
                    direct influence of developments within. Co-optation of Zdeněk Jičínský played a
                    particular role. He was to become the main and, at the time, the only
                    representative of Civic Forum in the top ranks of the parliament. Zdeněk
                    Jičínský invited along, for support, Vladmír Mikule, the “king of the Czech
                    legal positivism,” who immediately became the Chairman of the pivotal
                    Constitutional-Legal Committee.<note place="foot" xml:id="ftn30" n="29">Zdeněk
                        Jičínský, <hi rend="italic">Můj přítel Vladimír Mikule</hi> [My Friend
                        Vladimír Mikule], in Pocta doc. JUDr. Vladimíru Mikulemu k 65. narozeninám,
                        ed. Oto Novotný (Praha: ASPI, 2002), 473.</note> In an interview Mikule
                    recalled that his entry to the parliament was quite sudden and unexpected:
                    “Jičínský called me at home one evening, saying to come tomorrow at nine in
                    black suit – not the funeral one, but festive, to the parliament, there will be
                    the constitutional act and by-elections, the ancillary ones. I had no decent
                    suit, my salary was pitiful, and I was barely able to provide for my family. So
                    I went with my wife to a shopping centre, bought a suit as required, to have
                    something decent to put on.”<note place="foot" xml:id="ftn31" n="30">Cf. ICH,
                        COH, coll. Interviews. An Interview with Vladimír Mikule, Prague, October 8,
                        2012.</note></p>
            </div>
            <div>
                <head>Zdeněk Jičínský and revolution by law</head>
                <p>Zdeněk Jičínskýʼs role in co-optations requires a brief explanatory note. Many
                    authors and stakeholders in revolutions see Jičínskýʼs engagement in
                    co-optations as a revenge for the purges during normalisation. For instance, the
                    dissident and later Czech Prime Minister Petr Pithart suggests that Jičínský
                    “could not control himself” and repeatedly stated: “And now we shall do them
                    what they did to us after August.”<note place="foot" xml:id="ftn32" n="31">For
                        Pithartʼs statement see Petr Pithart, “Proměny politického systému
                        v Československu na přelomu let 1989/1990” [Transformations of the Political
                        System in Czechoslovakia at the Break of 1989/1990], in <hi rend="italic"
                            >Referáty a diskusní příspěvky přednesené na semináři, který ve dnech
                            10. a 11. prosince 1994 uspořádala Nadace Heinricha Bölla</hi> (Praha:
                        Listy, 1995), 86.</note> The explanation does not stand firm within the
                    context of Jičínskýʼs activities during the revolution and afterwards. The
                    proposal for co-optations falls not only within his wider contribution to the
                    post-Communist transformation of the parliament, but is also part of his own
                    specific vision of post-November changes that differed radically from that of
                    Havel. As the only one among revolutionary leaders, Zdeněk Jičínský was wholly
                    prepared, as a professional and specialist, for his political role of the
                    constitutional expert within the Civic Forum. His later right-wing opponents saw
                    him chiefly as the author of the 1960 Constitution. Yet his activities in the
                    November revolution benefitted far more from his experience in political
                    negotiations about federalisation of Czechoslovakia in 1968. When drafting the
                    bill on Czechoslovak federalisation that de facto represented a new
                    Constitution, Jičínský tested the opportunities and limits of a compromise
                    between the (Slovak) principle of sovereignty and the (Czech) civic principle of
                    equality of votes. He also had an opportunity to test the narrow limits of Czech
                    understanding of the Slovak issue. Finally, a year later, he experienced himself
                    the “restructuring” of the parliament when forced to resign from both mandates
                    and his seats were immediately filled by co-optation. Shortly prior to November,
                    Zdeněk Jičínský, the author of many texts of Charter 77, together with other
                    lawyers participated in developing an alternative draft of the Constitution that
                    was to be the answer by the Opposition to the draft developed by the
                        Government.<note place="foot" xml:id="ftn33" n="32">See ICH, COH, coll.
                        Interviews. An interview with Vladmír Mikule, Prague, October 8, 2012; An
                        interview with Pavel Rychetský, Brno, June 8, 2011.</note></p>
                <p>Zdeněk Jičínský was all, but a revolutionary. In November 1989, unlike many of
                    his reform-minded Communist friends, he did not attempt to reform the Communist
                    Party. Yet his political and ideological world was deeply marked by life
                    experience of a reform Communist who fought the aesthetic-political project of
                    the late Stalinism. That gave rise to his scepticism about revolutionary
                    heroism, an emphasis on the “effect of time”, as much as his concern about
                    excessive power of an individual – the cult of personality.<note place="foot"
                        xml:id="ftn34" n="33">Cf. František Šamalík, “Zdeněk Jičínský in the Turmoil
                        of Constitutional and Societal Upheavals” [Zdeněk Jičínský ve vírech
                        ústavních a sociálních zvratů], <hi rend="italic">Právo</hi>, February 26,
                        1999.</note> “Even though we recognised the role of Václav Havel as the
                    uncontested leader of the revolutionary process,” Jičínský said in a recent
                    interview, “it also was unthinkable to link it exclusively to a single
                        person.”<note place="foot" xml:id="ftn35" n="34">ICH, COH, coll. Interviews.
                        An Interview with Zdeněk Jičínský, Prague, August 15, 2012.</note> Havelʼs
                    influence was to be symbolically counterweighted by Alexander Dubček as a Slovak
                    and representative figure of 1968. To Jičínský, the reference to 1968 laid not
                    as much in the continuity with certain political stream, as much in the
                    continuity of a state sui iuris, a state that is free to run its affairs,
                    particularly the issues related to the relationship between the Czechs and
                    Slovaks. During the leadership negotiations at the Civic Forum Jičínský
                    repeatedly proposed Alexander Dubček for Presidency. He saw Havelʼs role to be
                    outside the official structures: one of a leader of the revolutionary
                    movement.</p>
                <p>Non-revolutionary at the core and the only genuine conservative among the leaders
                    in the Civic Forum, Zdeněk Jičínský saw the November revolution as an
                    “avalanche”, uncontrolled and dangerous societal movement.<note place="foot"
                        xml:id="ftn36" n="35">AICH, ACFCC, Minutes from the Civic Forum congress,
                        January 6, 1990, 9. Similarly also e.g. Zdeněk Jičínský, <hi rend="italic"
                            >Československý parlament</hi> [The Czechoslovak Parliament] (Praha:
                        NADAS – AFGH, 1993), 32.</note> He therefore differed from Havel in
                    understanding of political time: whilst the Jičínský subscribed to “tender,
                    contemplated approach”,<note place="foot" xml:id="ftn37" n="36">Jičínský, <hi
                            rend="italic">Československý parlament</hi>, 107.</note> trying to
                    correct and slow down the wild political development through institutional and
                    legal limits, Havel, on the contrary, stimulated the dynamics of the
                    developments, “striking the iron while hot.”<note place="foot" xml:id="ftn38"
                        n="37">“Letní přemítání” [Summer Meditations], in <hi rend="italic"
                            >Spisy</hi> [Collected Works], vol. 6, ed. Václav Havel (Praha: Torst,
                        1999), 401.</note> Havel repeatedly vented his frustration about Jičínskýʼs
                    tactics. In the 1992 elections, for instance, he responded to Jičínskýʼs
                    criticism that Havel rushed the coalition negotiations, by saying: “Zdeněk
                    Jičínskýʼs opinion convinced me in that I was right to proceed the way I did.
                    For, whenever I took his advice into account, the common denominator was always
                    a recommendation that something was to be delayed or not rushed; it had adverse
                    effect. Experience has taught me that it is best to do the opposite to what
                    Professor Jičínský advises me to do.”<note place="foot" xml:id="ftn39" n="38"
                        >See “Neblahé důsledky odkladů: Václav Havel odpovídá MF Dnes” [Unfortunate
                        Consequences of Delays: Václav Havel responds to MF Dnes], <hi rend="italic"
                            >MF Dnes</hi>, June 16, 1992, 1.</note>
                </p>
                <p>Milan Šútovec points out how, during the “hyphen war”, the dual understanding of
                    political time was transformed into an institutional conflict between the
                    “Presidential time” and “Parliamentary time.”<note place="foot" xml:id="ftn40"
                        n="39">Milan Šútovec, <hi rend="italic">Semióza ako politikum</hi> [Semiosis
                        as Politicum] (Bratislava: Kalligram, 1999), 272–277.</note> Whilst the
                    “Parliamentary time” is slow, a time of narrative (<hi rend="italic"
                    >parler</hi>), the time of Havelʼs Presidency was fast and dramatic. As opposed
                    to the slow “Parliamentary time” that draws from its very nature, Havelʼs fast
                    “Presidential time” was not within the intrinsic nature of the Presidential
                    office, but its “tragic enhancement”.<note place="foot" xml:id="ftn41" n="40"
                        >Šútovec, <hi rend="italic">Semióza ako politikum,</hi> 273.</note> Instead
                    of parliamentary democracy, which, as Jičínský argued, Havel never adopted as
                    his own, the President created a “Republic of friends” based on ethical and
                    aesthetic judgements, as much as on personal rather than institutional ties.</p>
                <p>Zdeněk Jičínský, as the defendant of “legal continuity with the Communist régime”
                    became number one enemy to the post-revolutionary fighters against Communism.
                    Yet more than legal continuity in terms of permanence or inviolability of the
                    legal system, Jičínský was more concerned about the social and state continuity.
                    He argued that, vis-à-vis the revolutionary avalanche, legality stood as the
                    “cultural method of power” needed for the preservation of social cohesion. He
                    was also mindful of preservation of the continuity of state. Here he was guided
                    by his experience of state existence that could not be taken for granted. The
                    continuity of state was based on a political accord between the two national
                    representatives, expressed at the time in the act on Czechoslovak federation.
                    The federalisation of 1968 was thus not “merely administratively complex a
                    method of totalitarian governance”, as stated by Václav Havel at the Federal
                    Assembly on 23 January 1990, but it was a manifestation of recognition of
                    equality of the Slovak people.<note place="foot" xml:id="ftn42" n="41">“Projev
                        ve Federálním shromáždění 23. ledna 1990” [Address to the Federal Assembly
                        on January 23, 1990], in <hi rend="italic">Spisy</hi> [Collected Works],
                        vol. 6, ed. Václav Havel (Prague: Torst, 1999), 33. Cf. Jičínský, <hi
                            rend="italic">Československý parlament</hi>, 24–28.</note> Jičínský,
                    with his proposal for co-optations and many other draft bills, proved that he
                    did not care about immutability of law. Instead, he was willing to initiate deep
                    changes in the legal system, though the changes had to occur through a generally
                    accepted procedure, i.e. within the constitutional framework.</p>
                <p>To Zdeněk Jičínský the Federal Assembly thus represented a central institution
                    that held the state together and guaranteed the legality of the radical
                    political changes. Apart from the constitutional legality, however, the Federal
                    Assembly also required revolutionary legitimacy to be supplied by the
                    co-optations. Other means of parliamentary legitimation that were available –
                    the extensive by-elections, or even the swift early elections – would only
                    jeopardise the role of the Federal Assembly as the only stable institution
                    standing strong to the “revolutionary avalanche.”</p>
            </div>
            <div>
                <head>From the first to the second wave of co-optations</head>
                <p>The path from the first to the second wave of co-optations did not prove entirely
                    smooth. On the one hand, there was the process of “self-parliamentarisation”
                    that accelerated within the Federal Assembly, particularly in its presidium,
                    which meant an awareness among MPs that they held legislative power and
                    responsibility. Apart from the election of Václav Havel for Presidency which was
                    a clear legitimisation of the mandates acquired in the 1986 “elections”, an
                    additional factor was, paradoxically, the first wave of co-optations. That
                    brought to the parliament some familiar figures of the revolution, particularly
                    Alexander Dubček.</p>
                <p>At the presidium of the Federal Assembly on 28 December 1989, Anton Blažej, MP
                    expressed the new parliamentary self-confidence when he reminded his colleagues
                    their new constitutional power and responsibility: “Do not give in to those
                    moods, depression and manifest resignations on mandates, because it is to be in
                    our interest that this body is functional. It has to be in operation until the
                    elections and we are required to provide for the preparation of the elections
                    ... It means that the Opposition also ought to be interested in the functioning
                    of this body.”<note place="foot" xml:id="ftn43" n="42">APCR, FS-5, Presidium,
                        stenographic minutes from the 31<hi rend="superscript">st</hi> session
                        (December 28, 1989).</note> The numbers of MPs who resigned after the first
                    wave of co-optations were indeed insignificant and lagged far behind the
                    “shooting list” compiled by the Civic Forum that contained 84 names of MPs who
                    were to resign.<note place="foot" xml:id="ftn44" n="43">Cf. Address by Zdeněk
                        Jičínský at the Civic Forum congress on January 6, 1990. AICH, ACFCC,
                        records from the congress on January 6, 1990.</note></p>
                <p>The general political agreement on the second wave of co-optations was reached
                    during roundtable talks in the Valdstein Palace on 5 January.<note place="foot"
                        xml:id="ftn45" n="44">Ibid.</note> In response to the growing
                    self-confidence and “defiance” of the Federal Assembly, it was agreed that the
                    MPs would not be dismissed by their representative assemblies, as had been
                    proposed by Zdeněk Jičínský on 28 November (and by the MPs from the Peopleʼs
                    Party at the Federal Assembly on 21 December), but by political parties on
                    behalf of which the MPs concerned had been elected. Non-partisan MPs were
                    dismissed by the “relevant body” within the National Front upon agreement with
                    the Civic Forum or the Public Against Violence. The very principle of
                    co-optation required no further debate as it had already been legalised by the
                    Constitutional Act of 28 December. Further agreement only concerned its
                    extension to all other levels of representative assemblies. The Communist Party
                    had, for some time, been making it clear that it had not insisted on retention
                    of majority in the parliaments. Moreover, the act gave it an opportunity to
                    regain, at least for the time being, control over its own, increasingly
                    independent MPs.</p>
                <p>The draft bill on dismissals of MPs was first debated in committees. Those were
                    the fora to which the MPs were accustomed to, even during the previous régime,
                    to table critical objections or proposals for amendments. Similarly to the
                    Communist era, the debate at the committees again largely supplemented the
                    absent plenary debate. The formulation of the bill that enabled the dismissal of
                    MPs who, “because of their hitherto activities do not offer guarantees for the
                    development of political democracy” was the source of major indignation. For
                    instance, an MP at the Committee for Industry, Transport and Trade stated that
                    it was unclear “what is the measure to ascertain who does and who does not offer
                    guarantees for democracy ... How can those things be measured?”<note
                        place="foot" xml:id="ftn46" n="45">Ibid.</note> All Committees that debated
                    the bill thus agreed that the second and dominant criterion for dismissal had to
                    be stated, i.e. political decision to replace significant proportion of the
                    Communist MPs by those from the Civic Forum. The final reading of the bill thus
                    contained a breakneck formulation that MPs might also be dismissed “in the
                    interest of a balanced distribution of political forces.”<note place="foot"
                        xml:id="ftn47" n="46">APCR, FS-5, Prints, No. 238.</note></p>
                <p>The matter, however, did not merely involve the issue of methodology – <hi
                        rend="italic">how</hi> to define the “errors” of MPs,<note place="foot"
                        xml:id="ftn48" n="47">The term was used by Mr. Blahobyl, MP in his address
                        at the Committee on Industry, Transport and Trade, see APCR, FS-5, FS,
                        Committee on Industry, Transport and Trade, records from the 24<hi
                            rend="superscript">th</hi> joint session (January 22, 1990).</note> but
                    particularly who was to define them. The MPs questioned the right “of some
                    administrator from central committees”<note place="foot" xml:id="ftn49" n="48"
                        >Ibid.</note> to dismiss “their” deputies. They complained that political
                    parties “were not familiar with how the MPs worked and altogether did not
                        care.”<note place="foot" xml:id="ftn50" n="49">Ibid.</note> Some MPs denied
                    similar right to the Civic Forum or the Public Against Violence. One of the MPs,
                    a glass-blower by profession (in a charming illustration of incompatibility of
                    the two political worlds) was concerned that “there are often people within the
                    Civic Forum at the district level, who did not work publicly before, were not
                    expressing themselves and might not even know the relevant MPs.”<note
                        place="foot" xml:id="ftn51" n="50">Ibid.</note> The MP suggested that the
                    right to dismiss them was bestowed upon parliamentary fractions,<note
                        place="foot" xml:id="ftn52" n="51">APCR, FS-5, Foreign Affairs Committee,
                        records from the 24<hi rend="superscript">th</hi> joint session (January 17,
                        1990).</note> local branches of political parties or the National Front at
                    the level of constituencies.<note place="foot" xml:id="ftn53" n="52">APCR, FS-5,
                        Committee on Industry, Transport and Trade, records from the 24<hi
                            rend="superscript">th</hi> joint session (January 22, 1990). Cf.
                        Committee resolution No 153.</note> Some MPs also wondered why the bill
                    resuscitated the political cadaver of the National Front, giving it such pivotal
                    constitutional power.<note place="foot" xml:id="ftn54" n="53">APCR, FS-5,
                        Planning and Budgetary Committee, records from the 24<hi rend="superscript"
                            >th</hi> joint session (January 16, 1990).</note> The right of political
                    parties to dismiss “their” MPs was eventually retained in the act, yet the
                    Committees at least managed to limit the validity of the draft bill to the end
                    of March fearing that MPs might be exposed to a constant cicle of recalls and
                        co-optations.<note place="foot" xml:id="ftn55" n="54">APCR, FS-5, Committee
                        on Industry, Transport and Trade, records from the 24th joint session
                        (January 22, 1990).</note></p>
                <p>The parliaments of the two republics in the federation also addressed the
                    co-optations. On the one hand, they themselves went through the co-optational
                    “cleansing”. On the other hand, the issues of national committees fell within
                    their powers. Whilst not a single critical voice was raised in the Czech
                    National Council, on 12 January 1990 the Slovak National Council held an
                    extensive, largely critical debate on the bill. Part of MPs criticised the fact
                    that the bill eliminated the representative nature of the parliament. One of the
                    MPs, a representative of the Slovak Union of Women, pointed out that not a
                    single woman was among the 22 co-opted deputies for the Federal Assembly and
                    that only a single woman was co-opted in place of the three female MPs that
                    stepped down. She argued that the main reason behind this was the fact that
                    interest groups were removed from the selection of new MPs.<note place="foot"
                        xml:id="ftn56" n="55">Ibid.</note> A newly co-opted MP Ivan Čarnogurský also
                    had reservations about the draft bill. He stressed that, during the roundtable
                    talks on 21 December, the Public Against Violence managed to gain support for
                    early elections and had informed the federal government accordingly.<note
                        place="foot" xml:id="ftn57" n="56">Ibid.</note> The Slovak National Council
                    eventually passed the bill, though far from unanimously.</p>
                <p>A question arises about why the co-optations encountered greater resistance in
                        Slovakia.<note place="foot" xml:id="ftn58" n="57">Even the first act after
                        the co-optations of December 28, 1990 was adopted with a slight margin of
                        seven votes from the Slovak section of the House of Nations at the Federal
                        Assembly.</note> After the bill on dismissal of MPs was not adopted by the
                    Federal Assembly, a new MP, Jan Bubeník tried to offer an answer in <hi
                        rend="italic">Mladá fronta</hi>: “It is obvious where the former mafia is
                    stronger than the reform. It seems that the situation in Slovakia is by no means
                    the same as we feel it here, say in Prague. It is more complex.”<note
                        place="foot" xml:id="ftn59" n="58">“To parlament dlouho nezažil: Historická
                        společná schůze FS ČSSR očima poslance Jana Bubeníka” [The Parliament Has
                        Not Experienced Anything Like that For a Long Time: The Historical Joint
                        Session of the FA CSSR From the Perspective of Jan Bubeník, MP], <hi
                            rend="italic">Mladá fronta</hi>, January 24, 1990, 1.</note> Bubeník
                    thus expresses a thesis that was later developed by the Czech political right.
                    It suggests that the post-November development follows two fundamental
                    chrono-spatial directions: forward and pro-Western, towards rapid economic
                    transformation and pluralistic democracy based on civic principle in the Czech
                    Republic, and, in Slovakia it is “backwards”, pro-Eastern, towards cautious
                    reforms and politics based on ethnic principle.<note place="foot" xml:id="ftn60"
                        n="59">Cf. Anna Šabatová, “Jak odříznout nemocnou nohu I: Obraz Slováků a
                        Slovenska v českém tisku před patnácti lety” [How To Cut Off A Diseased Leg
                        I: The Image of Slovaks and Slovakia in the Czech Press Fifteen Years Ago],
                            <hi rend="italic">Listy</hi> 5 (2007): 19–33.</note> In case of
                    co-optations, the dualism – provided it was ever functioning, operated in
                    reverse. The Slovak National Council was, despite everything, a national
                    parliament for the Slovak society, the public forum to debate the substantial
                    issues related to national life. It was already during Communism that the Slovak
                    National Council granted itself greater autonomy than its Czech counterpart. It
                    sometimes even brought critical voices in the plenary, for instance on the issue
                    of “triune constitution.” The co-optations thus meant reduction of authority of
                    the supreme national institution. That was also the ground on which the Chairman
                    of the Slovak National Council Rudolf Schuster objected to them. The
                    co-optations, however, were in particular conflict with the self-definition of
                    the Public Against Violence as a consistent opposition to the previous régime;
                    hence it was unwilling to be “co-opted.” Whilst the largely Slovak doubts about
                    co-optations did not meet significant response in public media discourse or at
                    street demonstrations, it was at the federal parliament where the discordant
                    voices could not be ignored.</p>
            </div>
            <div>
                <head>The adoption of the bill on dismissal of MPs</head>
                <p>The first post-revolution session of the Federal Assembly on 29 November was
                    broadcasted live at the Czechoslovak Television. Whatever the presidium of the
                    Federal Assembly hoped to gain from the broadcast, it certainly did not achieve
                    any political or media success. As Tomáš Zahradníček showed, the revolution and
                    the television as a medium preferred images of unmediated power, full squares
                    and a leader figure, instead of the slow, often chaotic proceedings, tied by
                    internal regulations, held by a few hundred elderly men and women of the
                        past.<note place="foot" xml:id="ftn61" n="60">Tomáš Zahradníček,
                        “Medialisation of politics in Czechoslovakia and the Federal Assembly,
                        1989–1992” (paper presented at seminar Parliamentary Politics as
                        Performance, Berlin, January 23–24, 2012).</note> This was again the
                    playground between the parliamentary and revolutionary time, between the right
                    to discussion and a demand for action. The presidium of the Federal Assembly was
                    aware of the disservice by the live broadcasts. Yet it hopelessly tried to deal
                    with it by focusing on quality of the debate and better coordination.<note
                        place="foot" xml:id="ftn62" n="61">APCR, FS-5, Presidium, stenographic
                        minutes from the 29<hi rend="superscript">th</hi> session (December 13,
                        1989).</note></p>
                <p>The televised broadcasts not only helped to shape as well as distort
                    parliamentary developments, but also archived them. They helped to preserve one
                    of the most bizarre days of the Velvet Revolution that was drawing to an end. On
                    Tuesday 23 January from 10am channel one of the Czech Television presented live
                    broadcast of the debate within the 22<hi rend="superscript">nd</hi> session of
                    the Houses of the Federal Assembly. The first on agenda was the debate on the
                    bill on dismissal of MPs.<note place="foot" xml:id="ftn63" n="62">Television
                        record from the 22<hi rend="superscript">nd</hi> joint session of the
                        Federal Assembly, see Archive and Programme Funds of the Czech Television,
                        Sessions of the Federal Assembly, January 23, 1990.</note> The static
                    television camera alternated between shots of the numerous members of the
                    presidium and the view of the impressive plenary consisting of 350 MPs from both
                    Houses. The presidium of the Federal Assembly was seated under the quotation
                    from the Constitution: “All power in the Czechoslovak Socialist Republic belongs
                    to the working people.” The ensemble was dominated by the figure of Alexander
                    Dubček. Sidelined to the post of the Chairman of the Federal Assembly, when
                    running the session, he seems utterly uncertain, even though he was guided by a
                    written script (the so called Presidials). Timothy Garton Ash described the view
                    of the plenary as follows: “The women with putty faces, cheap perms and
                    schoolmistress voices. The men in cheap suits, with hair swept straight back
                    from sweaty foreheads. The physiognomy of power for the last forty years.”<note
                        place="foot" xml:id="ftn64" n="63">Ash, <hi rend="italic">We The
                            People,</hi> 111.</note> Among them gleamed generalsʼ uniforms and, on
                    the contrary, woven jumpers worn by some of the co-opted MPs who probably tried
                    to keep an optical distance from their unexpected company. The position of the
                    cameras did not allow to capture the key part of the plenary – the Slovak
                    section of the House of Peoples, when the voting machine got stuck. On the
                    contrary, it enabled to record whispering among the members of the presidium
                    (Alexander Dubček: “Stanislav, what to do about it now?”<note place="foot"
                        xml:id="ftn65" n="64">Alexander Dubček turned to the former Chairman of the
                        Federal Assembly Stanislav Kukrál.</note>). The camera also regularly
                    approached the guest gallery above the plenary that hosted Frank Zappa with his
                    television crew – he was allegedly shooting an hour-long documentary about the
                    Czechoslovak revolution (seemingly never completed) for the Financial News
                        Network.<note place="foot" xml:id="ftn66" n="65">Frank Zappa worked for the
                        cable channel Financial News Network for some time, first as guest (as
                        commentator on the American music and political scene, as well as an expert
                        on business in the disintegrating Soviet Union). Later he hosted his own
                        show, the Frank Zappa’s Wild Wild East. It seems that, for Zappa who
                        unsuccessfully tried to do business with the Soviet Union, the visit to
                        Czechoslovakia in January 1990 was essentially an attempt to establish
                        business contacts. He thus had Václav Havel appoint him Special Ambassador
                        to the West on Trade, Culture and Tourism. That led the US Secretary of
                        State James Baker to state wryly: “You can do business with the United
                        States or you can do business with Frank Zappa.” On the other side, to
                        Václav Havel and other post-dissent politicians the encounter with the
                        prominent figures of the Western alternative rock scene was a means to
                        overcome the conflict between their own “authentic” past and the
                        contemporary role within the political establishment and support to the
                        neoliberal reforms.</note></p>
                <p>Zappa had chosen, though utterly by chance, a perfect day to visit the Federal
                    Assembly. The day that saw two major events in the history of Czechoslovak
                    parliamentarism. The Federal Assembly, for the first time ever, failed to adopt
                    draft bill and Václav Havel launched the “hyphen war” with his first address to
                    the Parliament.</p>
                <p>Ján Riško, former director of the Czechoslovak Radio and MP at the Federal
                    Assembly serving unremittingly since 1971, was the one to best use the live
                    broadcast. Dressed in a smart suit, Riško with his rhetorical mastery and
                    carefully measured sarcasm outshone all other speakers. His was certainly the
                    most impressive “counter-revolutionary” speech that the Communist conservatives
                        dared.<note place="foot" xml:id="ftn67" n="66">Cf. Jan Kudrna, “Personální
                        rekonstrukce zastupitelských sborů” [Personnel Reconstructions in
                        Representative Assemblies], in <hi rend="italic">Pocta Zdeňkovi Jičínskému k
                            80. narozeninám</hi>, ed. Vladimír Mikule et al. (Praha: ASPI, 2009),
                        241.</note> Ján Riško considered the bill on dismissal of MPs which “our
                    shining democracy will never be able to present as a radiant pearl, the <hi
                        rend="italic">chef-d'oeuvre</hi> of Czechoslovak parliamentarism”, as one in
                    the series of hasty and violent interferences with the Czechoslovak
                        Constitution.<note place="foot" xml:id="ftn68" n="67">Archive and programme
                        funds of the Czech Television, Sessions of the Federal Assembly, January 23,
                        1990 (2C23964). Cf. <hi rend="italic">Společná česko-slovenská digitální
                            parlamentní knihovna</hi> [Common Digital Czecho-Slovak Parliamentary
                        Library], Federal Assembly 1986-1990, Joint Sessions of the House of People
                        and the House of Nations, Stenographic records, 22<hi rend="superscript"
                            >nd</hi> joint session, January 23, 1990, accessed October 30, 2015,
                            <ref
                            target="http://www.psp.cz/eknih/1986fs/slsn/stenprot/022schuz/s022002.htm"
                            >http://www.psp.cz/eknih/1986fs/slsn/stenprot/022schuz/s022002.htm</ref>.<pb/></note>
                    Ján Riško advocated the parliamentʼs right to non-revolutionary momentum, to its
                    own parliamentary time: “We are here today to again adopt bills which we had
                    barely had a chance to read, not to speak of consulting them with our voters.
                    Yet we hear a voice from everywhere --- weʼve got to hurry, fast, fast, fast.
                    Someone is worried about missing something ... One cannot make the laws in a
                    hurry.” According to Riško, the Civic Forum followed the same script as did the
                    Communist Party in 1969 and it was using the same, specifically Czechoslovak
                    method devised to remove potential political opponents in the parliament.</p>
                <p>Riškoʼs speech triggered an hour-long unscheduled debate. The MPs were competing
                    to dismiss the Communist MP. All agreed on that Ján Riško ought to be silent,
                    for he was silent for twenty years. With the exception of a few co-opted MPs,
                    the objection applied to all existing MPs none of whom could pride themselves in
                    a daring speech to the plenary. Yet most of them believed that they secured
                    their right to speak by having consented to the post-November developments. “The
                    freedom to consent” was a right that the MPs earned by conformity, particularly
                    with the election of the President. The “freedom of consent” thus perceived is
                    similar to the understanding of freedom by the Communist Party.<note
                        place="foot" xml:id="ftn69" n="68">Cf. Petr Fidelius, “<hi rend="italic">Řeč
                            komunistické moci</hi>” [“The Communist Power Talk”] (Praha: Triáda,
                        1998).</note> Nevertheless, the Federal Assembly thus destined itself after
                    November 1989 to its hitherto status: one of an institution that is clad into
                    constitutional clothes of decisions adopted elsewhere. Even though parliaments,
                    including those in democracies, often play the same role and the parliament of
                    the first Czechoslovak Republic did largely the same, in this case even the
                    right to debate was being denied. Apart from the main line of criticism of
                    Riškoʼs speech, a number of additional side issues emerged. Zdeněk Jičínský, for
                    instance, argued that the presented bill cannot be compared with the
                    parliamentary purges of 1969, as other civil rights of MPs remain intact. Unlike
                    in the case of the MPs dismissed in 1969, “no one will prevent Mr Riško to bid
                    for his mandate in the free elections scheduled for June” Jičínský stated. He
                    thus indicated that he was aware of Riškoʼs dismissal that had already been
                    agreed, even though the bill had not yet been adopted. Paradoxically and from
                    purely formal perspective, the dismissal of MPs in 1969 was “cleaner” as the
                    right to dismiss was bestowed upon the parliaments, and not on political parties
                    as was the case in 1990.</p>
                <p>Another frequent theme in the criticism of Riškoʼs speech and in defence of the
                    dismissal of MPs was a claim that the “reconstruction of the parliament” was a
                    necessary step for “the political composition [of the parliament] to ideally
                    reflect the political compositions and mentality of the people in our
                        country.”<note place="foot" xml:id="ftn70" n="69">Address by Mr Stanislav
                        Hanák, MP. <hi rend="italic">Společná česko-slovenská digitální parlamentní
                            knihovna</hi> [Common Digital Czecho-Slovak Parliamentary Library],
                        Federal Assembly 1986-1990, Joint Sessions of the House of People and the
                        House of Nations, Stenographic records, 22<hi rend="superscript">nd</hi>
                        joint session, January 23, 1990, accessed October 30, 2015, <ref
                            target="http://www.psp.cz/eknih/1986fs/slsn/stenprot/022schuz/s022002.htm"
                            >http://www.psp.cz/eknih/1986fs/slsn/stenprot/022schuz/s022002.htm</ref>.<pb/></note>
                    Such demand was revolutionary indeed: it is ultimately more a rule than an
                    exception that the public atmosphere would not be in line with the composition
                    of a parliament. That is why elections are held after all.</p>
                <p>After the debate Alexander Dubček, being evidently insecure, called the vote. The
                    bill was passed smoothly in the House of Peoples, with only nine MPs abstaining.
                    In the crucial House of Nations, however, nearly forty MPs were absent. Thus,
                    whilst the Czech section passed the bill, albeit with a narrow margin, three MPs
                    opposed it in the Slovak section (including Ján Riško), and 22 others abstained.
                    Thus the bill was not adopted. Alexander Dubček, who chaired the session and the
                    voting following the printed script, first declared the bill adopted. Only after
                    vocal objections from the Slovak section, constantly apologising, he started to
                    look for “legislators in the know” who would be able to resolve the situation in
                    which the Federal Assembly found itself for the first time in its history. After
                    a few intermissions and procedural discussions<note place="foot" xml:id="ftn71"
                        n="70">See further Suk, <hi rend="italic">Labyrintem revoluce,</hi>
                        289–290.</note> a Conciliation Committee was set up for the very first time,
                    to be chaired by Zdeněk Jičínský. It was to find a way out of the conflict
                    between the two Houses.</p>
                <p>Prior to that, Václav Havel addressed the plenary of the Federal Assembly with
                    nearly a two-hour long speech.<note place="foot" xml:id="ftn72" n="71">“Projev
                        ve Federálním shromáždění 23. ledna 1990” [Address to the Federal Assembly
                        on 23 January 1990], in <hi rend="italic">Spisy</hi> [Collected Works], vol.
                        6, ed. Václav Havel (Prague: Torst, 1999). More on the address in Šútovec,
                            <hi rend="italic">Semióza ako politikum,</hi> 150-163.</note> It was his
                    first opportunity to address the parliament as President. In particular,
                    however, it was a chance to present his political-aesthetic plans in the
                    dramatic juxtaposition to the prop of the Communist parliament and (mostly)
                    Communist MPs. Havel informed the MPs, who were taken aback and whose faith was
                    just being decided behind the scenes in the parliament, of the details of his
                    intentions (about his request presented to Sweden to return a part of the
                    trophies of the Thirty-Year War, about the “incredibly distasteful” bathrooms at
                    the chateau Lány, or about the new uniforms of the Castle Guards). His notes
                    were addressed to the television viewers rather than the MPs. In his address
                    Havel did not forget to remind the MPs that “it was the old era that raised you
                    to your posts”. He also very clearly suggested that he derived his authority
                    from the revolution (“the public to which I feel utmost responsibility”), and
                    not from the parliament. In conclusion, Havel famously proposed a change to the
                    names of the three republics, their coats of arms, names of armies and suggested
                    that he expected the parliament to promptly content to his proposals. The
                    Federal Assembly postponed the debate on Havelʼs proposals – a decision which is
                    often identified as the cause of the “hyphen war”.<note place="foot"
                        xml:id="ftn73" n="72">The term “hyphen war” refers to a long and complex
                        conflict about the name of the common state in the first half of
                        1990.</note> Co-optations were among the reasons why the debate was
                    postponed. Because of the resignation of nearly one half of MPs “the short
                    parliament” between its 22<hi rend="superscript">nd</hi> and 23rd sessions (23 –
                    30 January) was unable to carry out even the essential procedural tasks. The
                    presidium of the House of Peoples could not reach a quorum.</p>
                <p>Shortly before 6pm, after the debate on a number of additional points, the Houses
                    reconvened to debate the bill on dismissal of MPs. Zdeněk Jičínský reviewed the
                    deliberations of the Conciliation Committee. He informed that the failure to
                    adopt the bill was caused by the discontent of independent MPs with the formal
                    procedure in debating the bill that was unrelated to the content of the draft
                    bill. He then appealed to the Slovak MPs who first abstained, to assume a clear
                    position either in support of or against the bill. No one abstained in the
                    subsequent voting, with only a single MP voting against. The parliament did not
                    yet have the voting equipment, what was explicable given the hitherto method of
                    voting. It is therefore impossible to estimate the number of MPs voting for the
                    bill. Television footage shows that some MPs, such as Ján Riško, did not vote at
                    all. The smooth adoption of the bill in the second round of voting suggests that
                    the Slovak MPs did not try to block the bill, but tried to firmly protest
                    against the misuse of the parliament. They fought for the right of the
                    parliament to consent (procedurally accurately), the right to being taken at
                    least as seriously as was case of the Communist parliament and, eventually, for
                    the right of MPs to consider their hitherto public activities meaningful. After
                    the adoption of the bill on dismissal of the MPs the agenda of the 22<hi
                        rend="superscript">nd</hi> session was summarily debated. The televised
                    broadcast from the Federal Assembly closed with an image of MPs from the House
                    of People leaving the parliament forever, others who might return in a week to
                    elect over hundred and thirty new colleagues. The sensitive microphones of the
                    state Czechoslovak Television captured their mutual farewells.</p>
            </div>
            <div>
                <head>Conclusion</head>
                <p>The co-optations significantly changed the status of the parliament in the
                    post-November distribution of power. The institute of roundtable talks
                    disintegrated and the parliament became the central (though not exclusive)
                    platform for political negotiations. The aforementioned process of
                    “self-parliamentarisation” has accelerated considerably, i.e. the emancipation
                    of the legislature vis-à-vis the executive power. The “hyphen war” that broke
                    out instantly after the co-optations was thus waged in the parliament, and not
                    behind the political scenes or on the street. The side effect of the shift from
                    roundtable talks to parliamentary debates resulted in a deep plunge in the
                    influence of small political parties within the National Front: with their meek
                    parliamentary fractions and mediocre electoral perspectives, they could not
                    compete with the far more numerous and prospective parliamentary fractions of
                    the Civic Forum and the Communist Party. Together with the outer position of the
                    parliament within the structure of the power, the inner running of the Federal
                    Assembly as an institution changed as well. Though the co-optations changed
                    nearly a half of MPs, the key bodies of the Federal Assembly (the presidium,
                    chairs of committees) experienced far deeper change. The two thirds of members
                    of the presidium of the Federal Assembly have been changed; the presidiums of
                    the Houses have been changed altogether, and the roles of the chairs of the
                    committees have been changed by 85 percent.<note place="foot" xml:id="ftn74"
                        n="73">Jana Reschová, “Nová politika s novými ľuďmi” [New Politics with New
                        People], <hi rend="italic">Sociologický časopis</hi> 28 (1992): 227.</note></p>
                <p>The speed of work at the parliament also rapidly increased as the legislature
                    convened far more often than under communism and debated far greater number of
                    bills. That is also related to yet another internal transformation – the
                    development of the rules of procedure appropriate for a parliament that was no
                    longer under the oversight of the Communist Party, but one that had to itself
                    regulate its internal disagreements. Even though the new rules of procedure were
                    only adopted in the subsequent parliamentary term, the change in debating the
                    bills followed soon after the co-optations. The initiative presented by Vladimír
                    Mikule proved particularly important. He achieved, <hi rend="italic">inter
                        alia</hi>, that each amendment had to be first discussed in the
                    Constitutional-Legal Committee prior to being voted on.<note place="foot"
                        xml:id="ftn75" n="74">Jičínský, <hi rend="italic">Československý
                            parlament</hi>, 91–92.</note> Parliamentary mandate was no longer an
                    occasional duty or status accessory, but full time job. That also raised the
                    issue of wages for the MPs. Political culture has changed substantially. Instead
                    of the perfect parliamentary machine of the Communist era with disciplined
                    deputies, pre-approved input and careful choreographed sessions, the co-opted
                    parliament was a picture of chaos, improvisation and procedural hurdles.</p>
                <p>Co-optations have been a decisive step on the path of the Federal Assembly from
                    the Communist parliament to the liberal one that only emerged after the
                    elections in June 1990. It was still the first step, as the vital regional
                    principle remained in place until the elections in June 1990 (i.e. the MPs
                    represented their constituency). It was also because the Civic Forum was shaping
                    itself as a representative body of all social strata without any significant
                    differentiation of political currents. It was only the disintegration of the
                    parliamentary fraction of the Civic Forum nearly a year later brought the
                    process to completion. By giving political parties and movements an opportunity
                    to choose new MPs, co-optations also contributed to the introduction of the
                    proportional electoral system and created conditions for the emergence of strong
                    party democracy.</p>
                <p>From the wider Central European perspective, the main consequences of the
                    co-optations in the Federal Assembly were the institutionalisation and slowdown
                    of the November revolution. The Velvet Revolution that proved unique in
                    post-Communist Europe for its pace, turned into “refolution”,<note place="foot"
                        xml:id="ftn76" n="75">Ash, <hi rend="italic">We The People,</hi> 14.</note>
                    a hybrid between revolution and reform. Co-optations, though a specifically
                    Czechoslovak method, drew Czechoslovakia closer to other countries of Eastern
                    Europe. They created a new political class and, at the same time, helped a
                    number of “old structures” survive (if only for short time): the political
                    parties within the National Front and some of its officials, the legal system of
                    the Communist Czechoslovakia, the constitutional system of 1968, and thus the
                    common state of the Czechs and Slovaks.</p>
            </div>

        </body>
        <back>
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                    <bibl>“Projev ve Federálním shromáždění 23. ledna 1990” [Address to the Federal
                        Assembly on January 23 1990]. In <hi rend="italic">Spisy </hi>[<hi
                            rend="italic">Collected Works</hi>], vol. 6, edited by Václav Havel, 33.
                        Prague: Torst, 1999.</bibl>
                    <bibl>Reschová, Jana. “Nová politika s novými ľuďmi” [New Politics with New
                        People]. <hi rend="italic">Sociologický časopis</hi> 28 (1992):
                        222-236.</bibl>
                    <bibl>Roubal, Petr<hi rend="italic">. Starý pes, nové kousky: kooptace do
                            Federálního shromáždění a vytváření polistopadové politické kultury</hi>
                        [Old Dog, New Tricks: Co-optations in the Federal Assembly and the
                        Development of the Post-November Political Culture]. Praha: Ústav pro
                        soudobé dějiny, 2013.</bibl>
                    <bibl><hi rend="italic">Společná česko-slovenská digitální parlamentní
                            knihovna</hi> [Common Digital Czecho-Slovak Parliamentary Library],
                        Federal Assembly 1986-1990. Accessed October 30, 2015. <ref
                            target="http://www.psp.cz/eknih/1986fs/index.htm"
                            >http://www.psp.cz/eknih/1986fs/index.htm</ref>.</bibl>
                    <bibl>Suk, Jiří. “Czechoslovakia in 1989: Causes, Results, and Conceptual
                        Changes.” In <hi rend="italic">Revolutions of 1989. A Handbook</hi>, edited
                        by Wolfgang Mueller, Michael Gehler and Arnold Suppan, 137–160. Wien: Verlag
                        der Oesterreichischen Akademie der Wissenschaften, 2015. </bibl>
                    <bibl>Suk, Jiří. “K prosazení kandidatury Václava Havla na úřad prezidenta
                        v prosinci 1989: Dokumenty a svědectví” [On Getting Through the Václav Havel
                        Presidential Candidacy in December 1989: Documents and Testimonies]. <hi
                            rend="italic">Soudobé dějiny</hi> 2-3 (1999): 357. </bibl>
                    <bibl>Suk, Jiří. <hi rend="italic">Labyrintem revoluce</hi> [Through the
                        Labyrinth of the Revolution]. Praha: Prostor, 2003. </bibl>
                    <bibl>Suk, Jiří. <hi rend="italic">Občanské fórum, listopad-prosinec 1989, 2.
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                </listBibl>
                <listBibl>
                    <head>Newspaper sources:</head>
                    <bibl>Jičínský, Zdeněk. “K volbě prezidenta” [On the Election of the President].
                            <hi rend="italic">Svobodné slovo</hi>, December 19, 1989, 3. </bibl>
                    <bibl><hi rend="italic">MF Dnes</hi>. “Neblahé důsledky odkladů: Václav Havel
                        odpovídá MF Dnes” [Unfortunate Consequences of Delays: Václav Havel responds
                        to MF Dnes]. June 16, 1992, 1. </bibl>
                    <bibl><hi rend="italic">Mladá fronta.</hi> “To parlament dlouho nezažil:
                        Historická společná schůze FS ČSSR očima poslance Jana Bubeníka” [The
                        Parliament Has Not Experienced Anything Like that For a Long Time: The
                        Historical Joint Session of the FA CSSR From the Perspective of Jan Bubeník,
                        MP]. January 24, 1990, 1.</bibl>
                </listBibl>
                <listBibl>
                    <head>Other sources:<seg> </seg></head>
                    <bibl>Constitutional Act on Czechoslovak Federation, 1968.</bibl>
                    <bibl>Constitutional act on the preparation of federal constitution of the
                        Czechoslovak Socialist Republic, 1968.</bibl>
                    <bibl>ICH, Institute for Contemporary History, Czech Academy of Sciences:</bibl>
                    <bibl>COH, Centre for Oral History, collection Interviews. </bibl>
                </listBibl>
            </div>
            <div type="summary" xml:lang="sl">
                <head type="main">REVOLUCIJA V SKLADU Z ZAKONOM: PREOBLIKOVANJE ČEŠKOSLOVAŠKEGA
                    ZVEZNEGA PARLAMENTA V OBDOBJU 1989–1990</head>
                <head>POVZETEK</head>
                <docAuthor>Petr Roubal</docAuthor>
                <p>Češkoslovaški zvezni parlament, ki je bil ustanovljen leta 1969 v okviru
                    federalizacije Češkoslovaške, je v žametni revoluciji čez dvajset let odigral
                    pomembno in hkrati paradoksalno vlogo. V izpraznjenem oblastnem prostoru, ki ga
                    je v paniki ustvarila komunistična partija Češkoslovaške, je zvezni parlament
                    nenadoma postal ključna in edina institucija, ki bi lahko zagotovila mirno in
                    ustavno preoblikovanje političnega sistema. Opozicijski gibanji (češki
                    Državljanski forum in slovaška Javnost proti nasilju) sta sprejeli komunistično
                    ustavo kot podlago za preoblikovanje, ustavo pa je bilo mogoče spremeniti samo
                    prek zveznega parlamenta.</p>
                <p>Ta strategija ni imela verodostojne alternative, saj je imel velik del
                    komunistične in pokomunistične slovaške elite ustavo in zvezni parlament za
                    zgodovinska dosežka. Druge možnosti, na primer vrnitev k češkoslovaški ustavi iz
                    leta 1920, so bile za Slovake popolnoma nesprejemljive. Težava je bila v tem, da
                    so bili poslanci zveznega parlamenta leta 1986 izvoljeni na volitvah v
                    komunističnem slogu, zato jih družba ni imela za legitimne poslance. Zdeněk
                    Jičínský, reformistični komunist, eden od avtorjev ustavnih sprememb iz leta
                    1968 in vodilni ustavni strokovnjak Državljanskega foruma, se je domislil
                    koncepta »kooptacij«. Nekateri poslanci naj bi odstopili ali bi jih odpoklical
                    parlament, ki bi potem izvolil nove člane iz vrst opozicijskih gibanj.</p>
                <p>To bi omogočilo odlog volitev, utrdilo verodostojnost zveznega parlamenta in
                    ohranilo njegovo vlogo stabilne institucije v nemirnem revolucionarnem obdobju.
                    Ta primer ni bil edinstven v sodobni češki zgodovini, v kateri volitve nikoli
                    niso bile uporabljene kot rešitev za politično krizo. Dejansko je bila za zgled
                    čistka novoustanovljenega zveznega parlamenta iz leta 1969 – številni poslanci,
                    ki so bili odstranjeni v tem procesu (predvsem Aleksander Dubček), so se čez
                    dvajset let vrnili v parlament s pomočjo pravzaprav identične zakonodaje.
                    »Kooptacije«, ki so bile na Češkoslovaškem sicer edinstvene, so bile del širšega
                    pojava ustavnih improvizacij v srednji in vzhodni Evropi, kjer so se vse države
                    spopadale s kompleksno ustavno zapuščino komunistične dobe.</p>
                <p>Ta študija je del širšega raziskovalnega projekta o zveznem parlamentu v obdobju
                    1989–1992, ki proučuje mehanizme »samoparlamentarizacije«, tj. procesa
                    postopnega osvobajanja zakonodajnega telesa od izvršne oblasti. Študija ima tri
                    temeljne cilje. Prvič, nadaljuje raziskovanje revolucionarnih sprememb ob koncu
                    leta 1989 in na začetku leta 1990 v smeri , katere začetnik je Jiří Suk, ter z
                    uporabo istih metod in virov (prepisov pogajanj gibanja Državljanski forum,
                    arhivov Državljanskega foruma) proučuje enega od stranskih hodnikov »labirinta
                    revolucije«. Veliko razlagalcev meni, da so »kooptacije« izvirni greh, iz
                    katerega so izšle številne tegobe pokomunistične preobrazbe v devetdesetih letih
                    20. stoletja. Zato je vredno raziskati, kako so se sprejemale odločitve in ali
                    so bile na voljo tudi verodostojne alternative. Drugič, sama tematika zveznega
                    parlamenta in viri, ki jih ustvaril (zapisniki plenarnih sej, parlamentarnih
                    odborov, predsedstva ali pogovorov s poslanci), nam omogočajo vpogled v žametno
                    revolucijo s perspektive marginaliziranih in poraženih udeležencev.</p>
                <p>Boj za nadzor nad parlamentom razkriva dva različna pogleda na spremembe:
                    konceptu moralne in estetske revolucije Václava Havla , ki bi uničila vse grdo
                    in zlo, se je zoperstavil reformni program »paragrafske revolucije« , ki ga je
                    zagovarjal Zdeněk Jičínský ob globokem dvomu v sposobnosti množice in njenih
                    voditeljev. Šlo je za trk dveh političnih obdobij: dinamičnega obdobja
                    revolucije in počasnega premikanja parlamentarne demokracije. Opazujemo lahko
                    tudi svetovni nazor poražencev, tj. parlamentarnih poslancev, ki niso želeli, da
                    jih revolucionarna gibanja zgolj izkoristijo in zavržejo, ampak so hoteli biti
                    del politične preobrazbe. Bojevali so se za pravico, ki jim jo je omogočal celo
                    komunistični režim – pravico do »strinjanja«. To je bilo očitno predvsem med
                    nenavadno parlamentarno razpravo o »kooptaciji«, ki se je nanašala na vprašanje,
                    ali naj parlament odvzame sedež več kot sto svojim poslancem. Prvič v svoji
                    zgodovini zvezni parlament ni sprejel zakona, vendar si je pod pritiskom hitro
                    premislil. Televizija je javno prenašala to razpravo, katere absurdnost je
                    dodatno poudaril nepričakovan nastop zunanjih obiskovalcev: predstavnikov
                    revolucionarnih študentov, ki so zahtevali takojšnjo odobritev zakonodaje,
                    Václava Havla, ki ga je ta parlament nedavno izvolil za predsednika in je s
                    svojim govorom podžgal tako imenovani »spor zaradi vezaja«, in Franka Zappe na
                    parlamentarnem balkonu, ki je snemal dokumentarni film o žametni revoluciji.</p>
            </div>
        </back>
    </text>
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