In The Matter Of An Application For Annulment Of Certain Provisions Of The Bill 424/1991 Coll.

Original Language Title: ve věci návrhu na zrušení některých ustanovení zákona 424/1991 Sb.

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=59775&nr=86~2F2005~20Sb.&ft=txt

86/2005 Sb.



FIND



The Constitutional Court



On behalf of the United States



The Constitutional Court decided on 19. January 2005 in plenary in the composition of JUDr.

Stanislav Balík, JUDr. Francis Skinner, JUDr. Turgut Güttler, JUDr.

Pavel Holländer, JUDr. Ivana Janů, JUDr. Dagmar Lastovecká, JUDr. Jiří

Mucha, JUDr. Jan Musil, JUDr. Jiří Nykodým, JUDr. Pavel Rychetský,

JUDr. Miloslav Výborný, JUDr. Elisabeth Wagner and JUDr. Michael

On the proposal of the applicant SNK April Association of independent cancellation

the provisions of § 20 para. 4.5 and 6 and in paragraph 7, the words "on the mandate

or Senator shall be 900 000 CZK per year, "or around the provisions of § 20

Act No. 424/1991 Coll. on Association in political parties and in

political movements, as amended, filed with

constitutional complaints against another public authority intervention-paper

The Ministry of Finance No. 143/133437/2002 of 9.12.2002



as follows:



1. the application for annulment of the provision of section 20 (2). 1, 2, 3, 5, 7 and 11 of law No.

424/1991 Coll. on Association in political parties and in political

movements, as amended, is dismissed.



2. the proposal to repeal the provisions of § 20 para. 4 and the provisions of § 20 para. 6

Act No. 424/1991 Coll. on Association in political parties and in

political movements, as amended, is rejected.



Justification



(I).



Constitutional complaint the applicant with reference to the alleged infringement of article 81(1). 22

The Charter of fundamental rights and freedoms ("the Charter") and article. 5 of the Constitution

The Czech Republic (hereinafter "the Constitution") claims that the Constitutional Court has issued a

the finding, which would prohibit the Treasury Department continue violations

his right to the payment of the permanent contribution pursuant to section 20 of Act No. 424/1991

Coll. on Association in political parties and political movements, in

as amended, (hereinafter referred to as "Act No. 424/1991 Coll.) of

200 000 CZK for every 0.1% of the votes obtained in the elections to the

The Chamber of deputies of the Parliament of the Czech Republic.



In his constitutional complaint, the appellant stated that as a political

the movement won in the elections to the Chamber of deputies of the Czech Parliament

States in June 2002, a total of 2.78% of the valid votes. The date of 20.11.2002

Therefore, it submitted an application to the Treasury Department for the payment of the permanent post

within the meaning of Act No. 424/1991 Coll., which, however, no non-j.

143/133437/2002 of 9.12.2002 refused stating that it was not

met the legal requirement for the payment of a permanent contribution to the activities referred to in

section 20 (2). 4 and 6 of that law, namely that political movement Association

the independent has not gained in the elections to the Chamber of deputies at least 3%

votes. In the opinion of the claimant's refusal to pay this standing

post represents the so-called. another public authority intervention, which was

violated his fundamental rights cited; on the question of their active

evidence for lodging a constitutional complaint and general conditions to its

administration of reputedly bequeathed to analogue situation solved constitutional

Court No. 244/1999 Coll. (SP. zn. PL. ÚS 30/98, a collection of findings and resolutions

The Constitutional Court, volume 16, finding no. 137).



The rapporteur believes that the boundaries for the payment of a permanent post in the

the amount of 3% of the votes obtained in the elections to the Chamber of Deputies is

discriminate against smaller political parties (to be further cited

the term "political party" shall mean (i) political movement, if from

the context requires otherwise), though at the same time stated that they do not assess whether

the amount of this contribution is appropriate. However, it is considered a constitutionally

Maverick, in particular, the fact that the permanent allowance is paid only

the parties, which are relatively successfully participated in a political contest for

seats in the Chamber of Deputies, but not already paid to parties that are

successfully participating in the elections, Senatorial, provincial or municipal. The alleged

inequality in the conditions of political competition, the appellant attempted to demonstrate

by comparing the election results and political parties of the Union

freedom-Democratic Union. In this way, among others. He stated that in the elections to the

The Chamber of Deputies received the US-DEU, in coalition with the KDU-CSL 14.41% of the votes and

9 seats, in elections to the Senate, however, has won only the mandate of the US-DEU,

While the appellant two mandates; in the municipal elections, won the US-DEU

617 mandates in all assemblies, while the appellant 3 131

mandates. Compared with these results apparently cannot be accepted, that the US-DEU

gets the constant contribution of $10 million per year, whereas the appellant

nothing. The total government contribution in 2003 for the appellant alleged 6

300 EUR and US-DEU 42 million, which is in his opinion in gross

disproportionate to the election results. The appellant does not conceal that payment of the

the standing of the contribution in the amount of 200 000 Eur for each 0.1% of the vote significantly

has improved its financial situation (since the amount of 5.6 million per year for

obtained 2.78% of the votes are close to the national post's 6.3

million, which the claimant gets for 2 seats for Senator and 18

mandates of the members of the regional councils), the main motive of the request is

However, they said efforts to change in the existing legislation, the financing of political

the parties, which in its view of taxpayers ' money

too many parliamentary parties and disproportionately little or nothing

other (neparlamentním) parties and movements.



For these reasons, the appellant contacted-in accordance with section 74 of the Act No.

182/1993 Coll., on the Constitutional Court, as amended, (hereinafter referred to as

"the law on the Constitutional Court")-his constitutional complaint for annulment

some of the provisions of Act No. 424/1991 Coll., specifically, the provisions of § 20

paragraph. 4, 5 and 6 and in paragraph 7, the words "on the mandate of the Deputy or

the Senator makes a year 900 000 CZK and the ". Alternatively, then suggested that the Constitutional

the Court annulled the provisions of section 20 of the Act; He stated that

the wording follows the broad remedies "wants to create a Constitutional Court

space to consider set aside either individual provisions of section 20 or

the full adjustment of the funding of political parties "and" believes that the Constitutional Court

carefully chosen and the effectiveness of their derogačního the decision, in particular because

several parties and movements of the unrepresented in the House of Commons is said to be

financially dependent on Government contributions for the mandates of the members of the

the regional councils.



The appellant, in its extensive design sees the unconstitutionality of the statutory modifications

financing of political parties, in particular with the following, in

which divided up their specific objections:



1. contributions to the mandate of the Deputy or Senator (née of 900 000 €)

are said to be unjustifiably high; for an unreasonably high and the border

to be eligible for "for the votes in the elections to the Chamber of Deputies

pursuant to section 85 of the Act No. 247/1995 Coll., on elections to the Parliament of the Czech

Republic, and amending and supplementing certain other acts, as amended by

amended, (in such cases referred in its arguments

the findings of the Constitutional Court No 243/1999 SB., no. 64/2001 Coll. and no 98/2001

SB.).



2. Also the boundaries of 3% for entitlement to the payment of the permanent post

under section 20 (2). 4 (a). 6 of Act No. 424/1991 Coll. is according to the

plaintiff unjustifiably high and is considered unconstitutional and his

deriving only from the outcome of the election to the Chamber of Deputies; Legislative

power to both parliamentary chambers. In this regard, said the hypothetical

for example, when the party, in the elections to the Chamber of Deputies

received 2.9% of the votes, but was occupied by the entire Senate and received the biggest

the number of seats in the assemblies of regions and municipalities, would be no entitlement to

the post did not. A number of political parties then obtains from the State at all

no support and it is not just about parties with negligible

meaning, but also about the long term, even if the parties concerned in the national

election unsuccessfully, or the party that sees its role only on

municipal or regional level, where they have considerable achievements (such as

examples are listed in the proposal. Party for the open society,

Vote for the city, Democratic Party, Movement of independent regional a

the harmonious development of villages and cities, etc.). These parties shall stipulate that the State even

Neither the costs they cause their own requirements, such as

drawing up the annual financial report and the statutory audit of the financial statements.

The appellant concluded that the solution of the issue in the light of the very

reduction of the threshold for entitlement to the payment of the permanent post, but in the

"create a completely different structure" that would ensure a reasonable

contribution to the activities of all parties, regardless of whether they participate

political competition at the level of parliamentary, provincial or municipal.



3. In the opinion of the plaintiff is unconstitutional is also making a contribution

the mandate of the regional councillor for a gain of at least one of the mandate

a Deputy or Senator. The party that gets the number of mandates in the

assemblies of regions, but has no deputy or Senator, and on the

contribution to the mandate of the regional councillor is not entitled (Note:

Although the Ministry of finance said, in fact, these contributions to the parties,

that any Deputy or Senator are not paid).



4. the appellant finally protesting against the fact that the State shall pay the

contributions for votes obtained only when the elections to the Chamber of Deputies


(100 CZK for voice), and newly also in elections to the European Parliament.

However, no contributions will not be paid for the votes obtained in the elections to the

The Senate, in elections to the regional councils and the elections to the

Councils of municipalities. This is again significantly advantaged by the successful party

elections to the Chamber of Deputies, while the new party or parties

confined to the regional policy are at a disadvantage.



The claimant further stated that the distribution of government posts between

political parties does not match the support that these parties are in

of the company; State contributions to the political parties represented in the

The Chamber of Deputies said in 2003, exceeding 95%, whereas the contribution of the

for the other parties only 4.6%. Parties not represented in the Chamber of Deputies

the House must therefore raise money virtually exclusively from private

resources, "and that in a situation where just parliamentary parties ... have caused,

that sponsorship of political parties that it is in advanced democratic

States considered ... socially beneficial activity ..., in the

The Czech Republic, a hallmark of "questionable activity. The total amount of public

the contributions of the applicant appear as unwarranted and greatly exceeding the

the cost of participation of the parties in the electoral competition and the need to finance their

the basic activities; the appellant is no reason for this to even the

the most successful political party should receive each year on its activities

over 100 million CZK. The whole legal arrangements for financing of political parties

According to the claimant is directed to a complete financial security

the parliamentary political parties from the State budget and to block

or at least significantly restrict access to State contributions for

non-parliamentary political parties.



In addition, the proposal is considered unconstitutional also the wording of the section 20 (2). 8

Act No. 424/1991 Coll., according to which belongs the mandate after allowance

the whole electoral period only the side on which the list was

Member of Parliament, Senator or member of the Shire elected. The intention of the

the legislature was based on the petitioner's legitimate effort to prevent-

with a Deputy, Senator, or a member of the City Council, which in

during the electoral period, will go to other parties, pacing and entitled to

the State's contribution; However, it was informed that a change of party

jurisdiction may occur not only individually, but also collectively, merging

party. Legislation affecting those political parties or movements,

that have decided to make the integration step, therefore, limits the freedom of competition

political forces.



The applicant concluded its extensive line of argument his own particular

the design, how it should be governed by a funding of political parties and

movement has to be in accordance with art. 5 of the Constitution and article. 22 of the Charter. It would

It works best with a system in which the contribution for votes obtained in the

elections to the Chamber of Deputies, the Senate, the European Parliament,

the regional councils and the Councils of the municipalities were given the parties

seriously involved in electoral competition, i.e.. get more than a certain minimum

the percentage of votes (e.g. for the Chamber of Deputies suggested 0.5 up to 1%

the votes for the Senate 4-6% of the votes in that constituency); minimum

the contribution would be disbursed for parties that a sufficiently wide

participation in the electoral contest (regardless of the outcome) have demonstrated their

meaning as an organized political force and extended the contribution of those

Parties in elections to all authorities in at least

some regions adequately. The overall scope of State contributions

political parties should not exceed 100 to 150 million CZK

each year, because the amount of around $20 million, must, in the opinion

the plaintiff would the largest political party for the cover

all normal activities.



II.



By resolution of the Senate and the Constitutional Court of 5.5.2003 SP. zn. I. TC 59/03

the proceedings on constitutional complaints pursuant to section 78 of the Act on the Constitutional Court

broken and the application for annulment of the above paragraphs, the provisions of § 20

Act No. 424/1991 Coll., respectively. the whole of this provision was referred to the

the plenum of the Constitutional Court for a decision under art. 87 para. 1 (b). and) of the Constitution

Of the Czech Republic.



III.



The constitutional court proceedings in accordance with the provisions of section

69 of the law on the Constitutional Court to the parties-the Chamber of Deputies and

Senate of the Parliament of the Czech Republic.



In the Chamber of Deputies, signed by its Chairman PhDr.

Lubomír Zaorálkem, is to the point of requesting cancellation of the design section 20 (2). 4

up to 6 of Act No. 424/1991 Coll. stated that restrictions on political parties in the

participation in elections, in the access to the media, in freedom

the speech, in the law on the collection and the like would certainly be contrary to the

article. 22 of the Charter. However, no such restrictions in the diction of paragraphs 4 to 6

of the Act are not included. To the next point of the proposal to the requesting

cancellation in section 20 (2). 7 part of the sentence concerning the amount of the contribution to the mandate of the

(900 USD) The Chamber of Deputies said it was entirely within the competence of

the legislature by law determine the amount thereof. Before the amendment of law No.

424/1991 Coll., made by Act No. 170/2001 Coll., the amount of the contribution

1 000 000 CZK; the legislature responded by lowering the constitutional

the Court published under no. 98/2001 Coll. has been already established in 1991

the amount of this contribution to the 500 EUR, with an interval of 12 years is not current

the amount of contribution of anything that would violate the constitutional criteria for free

competition of political parties and what would be generally considered as

unreasonable. Meeting a proposal to repeal the entire alternative

the provisions of § 20 of the law according to the Chamber of deputies would have been

political parties built basically on the same level with civil

associations established under the Act on Association of citizens. State

participation in the funding of political parties, however, in the law of the European

democratic States. Any cancellation of the provision

would the need for immediate amendments to the law; It can be said to have a hard time

Imagine "was not taken into account the accurate and fair again

criterion of dividing political parties on those, what real relevance to the political

What is happening in the State thanks to the voter base, and the ones that

do not represent practically anyone, and are therefore in elections, often

repeatedly, the unsuccessful ". In the opinion of the Chamber of deputies are the basic

the rules of free competition of political forces, in practice, in real terms is secured,

While the rule of law does the emergence of new political subjects

and their penetration into the Parliament, which only depends on the ability of these

groups to reach the required number of voters. This ability or vice versa

the inability of the Government contribution, if any, can never replace. Edit

the method of financing of political parties is then in the legal order required

Therefore, in order to prevent the existence of such entities, which would be without

real influence on political life in the Czech Republic focused primarily

to obtain State contributions. The Chamber of Deputies has concluded that the whole

a proposal from the Association of independent political movement is said to be built on the

simplified proposition-that with the article. 22 of the Charter basically has nothing to do-

that without the existence of financial security for all parties and movements from the

the State cannot talk about their free and free competition.



Senate of the Parliament of the Czech Republic in its statement, signed by its

Chairman doc. JUDr. Petr Pithart, in particular stated that for the

the procedure for the application for revocation of section 20 of Act No. 424/1991 Coll. was

the most important of the negotiations on the draft law No. 170/2001 Coll., on the State

the bond program to pay the obligations arising from the contract between the

the Government of the United States, the Government of the Slovak Republic and the Government of the Federal

Republic of Germany about their mutual billing contact in the

transferable roubles and the settlement of mutual obligations and accounts receivable,

incurred by the balance in transferable rubles in favor of the Federal

Republic of Germany, on the amendment of Act No. 406/2000 Coll., on the State

the bond program for the partial reimbursement of damage to agricultural entities

affected by the drought in 2000, and on the amendment of Act No. 424/1991 Coll. on

Association in political parties and political movements as amended by

amended; design of mj. include new legal solution of the State

contribution to the activities of political parties and movements in response to a finding

The Constitutional Court published under no. 98/2001 Coll., in which the Constitutional Court

set aside the part of the provisions of § 20 para. 4 and 7 of Act No. 424/1991 Coll. After

the approval of the Chamber of Deputies the draft of this law referred to

The Senate. Already during the negotiations for the Bill in Committee, it was stated,

that this amendment to Act No. 424/1991 Coll. is inorganically in a given case

attached to the matter concerning the State of the bond program, where

a delay in its approval could have a detrimental economic and

the political impact. The Constitutional Law Committee of the Senate recommended return

the draft Bill to the Chamber of Deputies with the amendment that limited the

the validity of the proposed amendment only for the period up to the end of 2001. The intention was to

create sufficient time to ensure that Parliament can in

meantime, with the knowledge of the conclusions contained in the report of the Constitutional Court


to prepare an amendment to the funding arrangements for political parties that would have given

the thing dealt with comprehensively, including the contribution to electoral costs provided for in §

85 of the Act on elections to the Parliament of the Czech Republic. Another of the committees,

to whom was referred the Bill-Committee on economy, agriculture

and transport-in contrast, the Senate recommended, however, the proposal does not deal, in particular,

taking into account the severity and urgency of the existence of legal time

editing a State bond program. The Senate finally expressed the will of the

draft law does not deal with. Representation Of The Senate Of The Czech

the Republic is closed by stating that it leaves the decision on the

the constitutionality of the contested statutory provisions at the discretion of the Constitutional Court.



In the opinion of the Ministry of the Interior, that the Constitutional Court's stuff

It also requested, it is briefly mentioned that the law on equal terms

free competition of political parties within the meaning of article 87(1). 5 of the Constitution and article. 22 of the Charter of

in no way does not violate; about the success of the political subjects make decisions primarily

the voices of the voters, and not State financial contributions. The Ministry of

předeslalo that the complainant's reservations affect the circuit rules

that was reflected in the law on the basis of the proposal of members, as the

the original wording of the provision envisaged only with the State

gross margin for the election results.



IV.



The Constitutional Court is always first and foremost examines whether all are true

the procedural prerequisites to a proposal to repeal of the law

or its individual provisions deal with the merits. In the present case is

Obviously, from the application that the applicant seeks, in essence revision

the whole of the current system of financing political parties not only to

Parliamentary, but also at the regional or municipal level, and that I can't think of

only the comprehensive provisions of section 20 of Act No. 424/1991 Coll., but that in

grounds for the proposal (not in his remedies) protesting against editing

contribution to defray election expenses pursuant to Act No. 247/1995 Coll., on

as amended. The same finding applies to the contents of the

an extensive recitation of the applicant at the oral proceedings (who was the Constitutional

the Court also presented in the form of written). From the contested paper of the Ministry of

Finance of 9.12.2002 No. 143/133437/2002, however, suggests that this

the Ministry denied to pay to the applicant a permanent post with reference

the provisions of § 20 para. 4, 6, of Act No. 424/1991 Coll., which binds the entitlement to

a permanent contribution to those parties in the elections to the Chamber of Deputies

received 3% of the vote. The other challenged provisions, i.e.. section 20 (2). 1 to 3,

5, 7 to 11, was not in any proceedings that preceded the administration of

a constitutional complaint, directly invoked, so respect to them are not met

the conditions under which you can bring-along with a constitutional complaint-a proposal for the

repeal of the law (section 74 of the Act on the Constitutional Court). Therefore, the Constitutional Court

but in this part of the proposal rejected as a proposal made by person

obviously unjustified [§ 43 para. 1 (b) (c)) of the Act on the Constitutional Court],

which also applies to the alternative proposal to cancel all the provisions of § 20

the impugned law.



In the.



The Constitutional Court in accordance with § 68 para. 2 of the Act on the Constitutional Court

dealt with the question of whether the unconstitutionality of the provisions of the Act, which is

raised, was accepted and published within the limits of the Constitution laid down the competence and

constitutionally prescribed way.



As regards Act No. 424/1991 Coll. (in the original version), the Constitutional Court

find out whether it has been adopted and published within the limits of the Constitution laid down

competency and constitutionally prescribed way, due to legislation,

issued before the Act came into effect, the Constitution of the United States, this

Court to review only their content comply with contemporary

the constitutional order, but not the constitutionality of the procedure of their creation and

compliance with regulatory powers (cf. e.g. find SP. zn. PL. ÚS 9/99,

A collection of findings and resolutions of the Constitutional Court, volume 16, finding no 135, page.

14; promulgated under no. 292/1999 Coll.). In the present case, therefore, the Constitutional Court

centered on the amendment of Act No. 424/1991 Coll., concerning the contested

the provisions of § 20.



It was the law No. 116/1994 Coll., amending and supplementing Act No.

424/1991 Coll. on Association in political parties and in political

movements, as amended, Act No. 99/1963 Coll., the civil

the rules of court, as amended, supplementing Act No. 166/1993

Coll. on the Supreme Audit Office, as amended by law no 331/1993 Coll., and

Act No. 328/1991 Coll., on bankruptcy and settlement, as amended by Act No.

122/1993 Coll., and amending Act No. 563/1991 Coll., on accounting, which was

introduced a 3% threshold for entitlement to a permanent post in elections to

The Chamber of Deputies. In this respect, the relevant Council prints,

těsnopiseckých reports and data on the progress of the vote, the Constitutional Court found

the Chamber of Deputies approved the draft of this law at its meeting

June 29.4.1994. After the signature of the President of the Republic and the President of the

the Government, the law was duly promulgated in the collection of laws under no. 37 in the amount

117/1994 Coll., the law in question was adopted and issued within the limits of the Constitution

set out competences and constitutionally prescribed way.



Vi.



The Constitutional Court in its present case-law fundamentally expressed

the constitutional kautelám of the democratic formation of Parliament. To be relevant in the

rozhodovaném the context should be considered as find SP. zn. PL. ÚS 25/96

(Collection of the findings and resolutions of the Constitutional Court, Volume 7, finding no. 37;

promulgated under no. 88/1997 Coll.), which was considered the constitutionality of the so-called.

clause for elections to the Chamber of Deputies. In it, the Court defined the

the basic framework for the application of the elements of the mainstream political order

The Chamber of deputies in a proportional electoral system: "in terms of

the principle of representative democracy, it is permissible to incorporate into the electoral

the mechanism of the very specific integration incentives where there are

compelling reasons, in particular, provided that an unlimited

proportional system fragmentation occurs between a large number of votes

political parties, to the bezbřehému, an overgrowth of ' political parties and thus to

the threat to the functionality and responsiveness, as well as the continuity of the parliamentary

the system. ". In the assessment of the limits of the concept of integration incentives

The Constitutional Court has consistently relied on the principle of proportionality:

"Raising the border restriction clause must not, however, compromise the Democratic

substance of the election. It is always also measured whether this restriction

equality of suffrage is the minimum measures necessary to ensure that the

in the House, could form the majority necessary for the adoption of the decision

and for the formation of the Government. Even for the restriction clause applies the principle of

minimizing State intervention in relation to its intended target. "



The said legal opinion was then confirmed by other decisions, in particular the

finding SP. zn. PL. ÚS 42/2000 (a compilation of findings and resolutions of the constitutional

Court, volume 21, finding no 16; promulgated under no. 64/2001 Coll.).



The hallmark of a democratic pluralist political system is not

only a plurality of itself, but also the openness of the system, i.e. option

the entry of new actors on the political scene, the possibility of setting up

political parties and political movements, i.e.. free and voluntary formation of

and free competition of political parties (article 5 of the Constitution, article 20 of the Charter, the law

No. 424/1991 Coll.). Reality, IE. not only the fiktivnost, openness

a multiparty political system is, inter alia, associated with

by creating an adequate system for the funding of political parties and movements.



For the formation of such a system stems from the constitutional order number technique.

The Constitutional Court pronounced in many of its decisions.



In finding SP. zn. PL. ÚS 26/94 (collection of findings and resolutions of the constitutional

Court, volume 4, finding no. 62; promulgated under no. 303/1995 Sb.) defined in the

this context, the General principles. However, according to him, in the constitutional

Okay not included support for the principled refusal of financial support

political parties by the State, "this does not mean that the financing

political parties and political movements by the State does not have a border ... the financial

support for political parties and movements may not exceed the level of respect

generelní border article. 20 (2). 4 of the Charter, according to which political

party and political movement separate from the State. "



These boundaries then interpreted from the perspective of two principles: the principle of integration and

the principle of representativity [which was formulated in the award SP. zn. PL.

TC 3/96 (a collection of findings and resolutions of the Constitutional Court, volume 5, finding no.

39; promulgated under no. 164/1996 Coll.): "the principle of representativeness contains

especially odvozenost composition of a representative from the political

the structure of civil public. However, the requirement of a minimum contains

the representativeness of the operators (political parties and movements), the participating

on the political competition. "]. In finding SP. zn. PL. ÚS 30/98, the Constitutional Court

set aside a condition for the achievement of at least 3% of the total number of valid votes

obtained in the elections to the Chamber of Deputies for the purposes of contribution to the

reimbursement of election expenses, and the issues of financing of political

the parties State in conflict-the principle of integration and the principle of pluralism

democratic society (article 5 of the Constitution and article 22 of the Charter) admitted


prefer the other one. The criterion for limiting the contribution

election expenses then formulated consideration "the seriousness of the efforts of rival

party ", or" the seriousness of the electoral intentions of the parties, which expressed a degree of

their representativeness. As follows, expressed as legal opinion was then

confirmed in the award SP. zn. PL. ÚS 42/2000.



In finding SP. zn. PL. ÚS 53/2000 (a compilation of findings and resolutions of the constitutional

Court, volume 21, finding no. 36; promulgated under no. 98/2001 Coll.) then

judged by the Constitutional Court directly the constitutionality of parts of the actual wording of § 20

paragraph. 4 of the law on political parties, and that the application for annulment

provisions, according to which a party that has already acquired entitlement to a permanent

post, but does not exceed the shut-off clause for the entrance to the Chamber of Deputies

the Chamber of deputies established the electoral law, the post in elections

does not receive. The Court therefore considered inconsistent with the constitutional order

making the provision permanent contribution to a political party (the movement)

the achievement of the clause in the following election. In other words,

the openness of the political system permanently lower limit teamed up with for

the provision of a post than the statutory and already mentioned

Constitutional Court as constitutionally Conformal confirmed the border

closing clause. Since the boundaries of 3% in the case in question was not challenged, in

under her court rationis decidendi, questioned but her

amount and the balance, if any, in obiter dictum.



The contradiction of the provisions of § 20 para. 4 and 6 of Act No. 424/1991 Coll. with the constitutional

order in the matter of the determination of the boundaries of 3% in the elections to the Chamber of Deputies

the Chamber of deputies of the Parliament of the United Kingdom to cast valid votes for

entitlement to payment of a standing contribution to the activities of political parties

in the opinion of the plaintiff is given her an unjustified amount, as well as

unjustified inferring standing benefit only from the outcome of the election

in the Chamber of Deputies, since the legislative power is represented by the

Parliament, composed of two chambers-the Chamber of Deputies and the Senate.



The basic criterion the constitutional conformity determination above a minimum threshold

for the payment of a permanent contribution to the activities of a political party lies in the

ensure the openness of the political system-this limit must therefore be

significantly lower than the set clause of the proportional

the system.



Financing of political parties by the State includes only the portion of the revenue

political parties (article 17, paragraph 4 of Act No. 424/1991 Coll.). This part is

represented by both gross margin election expenses (§ 85

Act No. 247/1995 Coll., as amended, section 65 of the Act No.

62/2003 Coll., on elections to the European Parliament and amending certain

laws) and contribution to the activities of political parties, which then

includes a permanent contribution and the contribution to the mandate of the (section 20 of Act No. 424/1991

SB.). In the parliamentary political parties then there is their indirect

the financing, in the form of the payment of compensation, aid, instead,

the parliamentary clubs pages, free of charge, of the physical

resources for party political groups, etc.



The purpose of the State funding of political parties is to promote equality of

opportunities to participate in a multi-party democratic political

the system. The different forms of this funding while they pursue different

purposes, i.e. support the different activities of the parties. The aim of the payment of the electoral

the cost is to allow political parties meeting the condition "the seriousness of the

the effort of the warring parties ", or" the seriousness of the electoral intentions of the parties "

participation in the electoral contest. If the Constitutional Court saw in finding SP. zn.

PL. ÚS 30/98 border of this "seriousness" in profit "1%" of the total

the number of valid votes, the legislature has established in the applicable legislation of the

the border of the level of 1.5%. Contribution to the mandate reflects the tasks of political

Parties that are related to their activities in the field of legislation.

A condition of his being elected in the elections to the Chamber of Deputies

or to the Senate (article 20, paragraph 5, of Act No. 424/1991 Coll.), IE. turns out

only the parliamentary political parties.



Permanent contribution is in the form of financing of political parties, parliamentary and

neparlamentních. For this reason, it is a condition of the constitutional

conformance to ensure the openness of a pluralist political system,

the boundaries for its supply must therefore be substantially lower than the

the level clause of the proportional electoral system.

At such significantly lower bound can be considered even the 3% threshold in the elections

valid votes obtained, i.e. the border about 40% lower than the amount of the

closing clause. If it satisfies the statutory standing contribution to the constitutional

the requirement guaranteeing the openness of the political system, then due to the

different function of the standing contribution to the activity and the payment of election expenses

political parties is not given a reason for the equivalence of their amount.



That finding does not alter the general opinion of the Constitutional Court to

the question of the constitutionality of the entire system of political funding,

stated in the award SP. zn. PL. ÚS 53/2000. The Court held:

"If it is not respected the free competition of political parties for a balanced

conditions and, if the attempt to create different policies for parties large or

larger and shape directly or indirectly to political parties with better or

a worse position, and therefore the citizens with different conditions of their

movement in the political system, such steps cannot be described as constitutional.

Cannot forget that a democratic society is characterized by the

just the free competition of political parties, whose action in the management of

Public Affairs is derived from the free choice made by the voters. " Maxed out

the equality of the status of political parties, ensure their free and fair

the competition, as well as the openness of the political system, the Constitutional Court was

the value of the seriousness of the intentions of the parties, the election "measured" their minimum

representativity (SP. zn. PL. ÚS 3/96, SP. zn. PL. ÚS 42/2000),

(I) the purpose of the various forms of State funding of parties (SP. zn. Pl. ÚS

53/2000).



In its decisions the Constitutional Court indicated aspect of measurement of market share

State funding of political parties and other forms of share their

funding from the State neodvislých (SP. zn. PL. ÚS 26/94). In derogačním

finding SP. zn. PL. ÚS 53/2000 has delivered a critical attitude to the existing level of

State financial support to political parties and drew attention to the threat

the constitutional principle of the separation of the party from the State (article 20, paragraph 4, of the Charter).



According to the steady opinion of the Constitutional Court is the Court in its

decision making scope application is bound, and in its decision of its

borders (ultra petitum) cannot move (see e.g. the judgment in the case

SP. zn. PL. ÚS 16/94, SP. zn. PL. ÚS 8/95, SP. zn. PL. ÚS 5/01, SP. zn.

PL. ÚS 7/03-a collection of findings and resolutions of the Constitutional Court, volume 2, usn.

# 14; Volume 4, finding no 83, declared under no. 29/1996 Coll.; Volume 24,

find no 149, promulgated under no 410/2001 Coll.; comes out in volume 34,

announced he was under no 512/2004 Sb.). For this reason, in the races

the case is not entitled to deal with the ústavností of the whole system of the State

financing of political parties, and therefore he has to appeal to the

a democratic lawmaker in the direction of acceptance a legal opinion

contained in those findings, SP. zn. PL. ÚS 26/94 and SP. zn. Pl. ÚS

53/2000.



Reduction of the threshold for the granting of a permanent contribution to the activity of

political parties below the threshold of 3% of the votes obtained in the elections, however,

not only does not solve the problem mentioned, but on the contrary widens the circle of addressees

This post, and, in effect, means a further increase of the State

share in the funding of political parties, namely, a shift in that direction, with whom

the Constitutional Court in a previous case-law, agreed. In addition to the increase in the

requirements for the State budget would shift said the principle of

the embeddedness of political parties in civil society, the principle that

located expression mainly in the voluntary support of political parties from the

by citizens, based on their discretion and according to the program

close to the party.



If the applicant argues unjustified inferring the Standing

the benefit only from the outcome of the election to the Chamber of Deputies, it would be possible to

evaluate the edit as constitutionally rozpornou only in case its

arbitrariness, IE. the absence of a rational link between the legislation and the reference

the purpose of.



The constitutional order of the Czech Republic and its legal order does not contain

an explicit legal definition of political parties (political movement).

Constitutional nature, the nature of legal personality, the meaning and purpose of political

the parties must therefore draw from its overall constitutional and legal

editing.



Political parties are the key body of a democratic pluralist

the political system, performs the function of the representative to the pluralistic,

differentiated interests. Their goal is to achieve those interests means

a democratic constitutional system, IE. representation in representative

wards, especially in Parliament, as well as assemblies of municipalities and

regions (article 5 of the Constitution, article 20, paragraph 2, and article 22 of the Charter, Act No. 247/1995

Coll., as subsequently amended, Act No. 491/2001 Coll. on elections to the

Councils of municipalities and amending certain laws, as amended

legislation, law No. 130/2000 Coll., on elections to the regional councils and the


amendments to certain laws, as amended). Out of the said

It follows that the Czech Constitutional and legal system of special category

regional political parties, their links with the coalescing operation

all authorities.



According to the constitutional system of the Czech Republic do not have both houses of Parliament

the same powers and the same rates at neparticipují

the process, therefore have a symmetrical position. Exclusively by the Chamber of Deputies

kreuje Government and pronounced her disbelief, in the scope of legislative powers

as a rule, has the ultimate decision makers. The Senate has in relation

to the Chamber of Deputies the position control brake, the counterweight. Derives a

legislation granting permanent contribution to the activity of the election results to the

The Chamber of Deputies, mirrors the real position of the political parties in the

the constitutional system of the State, in particular the degree of its participation, respectively.

potential participation in neparlamentních party to the Act,

as well as on the formation of the high authority of the Executive Government. If, contrary

on this edit, from the results of the elections to the municipal or regional

Councils, mirrors the conceptual characteristics of the political parties then

(a) nationally, and not only regionally relevant

political body.



For the Constitutional Court did not find legal 3% threshold in

elections to the Chamber of deputies of the Parliament of the United Kingdom obtained

valid votes while granting standing contribution to the activities of the political

Parties, contained in the provisions of § 20 para. 4 and 6 of Act No. 424/1991 Coll.,

for standing in breach of article. 5 of the Constitution and article. 20 (2). 2 and article. 22 of the Charter,

Therefore the proposal to repeal the legal provisions referred to dismiss.



The President of the Constitutional Court:



JUDr. Rychetský in r.



Different opinions under section 14 of Act No. 182/1993 Coll., on the Constitutional Court,

as amended by later regulations, the decision of the plenum have been judges.

Francis Skinner, JUDr. Turgut Güttler and JUDr. Elisabeth Wagner.