235/2002 Sb.
FIND
The Constitutional Court
On behalf of the Czech Republic
The Constitutional Court ruled on 30. April 2002 in plenary on the draft group
Senators on the repeal of section 46a of Act No. 90/1995 Coll., on rules of procedure
The Chamber of Deputies, in the wording of later regulations,
as follows:
The proposal is rejected.
Justification
(I).
The Constitutional Court received on 14 July. 8.2001 a proposal for a group of 23 Senators Senate
The Parliament of the Czech Republic to repeal section 46a Act No. 90/1995 Coll., on
rules of procedure of the Chamber of Deputies, in the wording of later regulations, with
on the grounds that, in their opinion, the provisions in question is inconsistent with the
article. 4 (4). 3 and article. 21. 1 and 4, of the Charter of fundamental rights and freedoms
(hereinafter referred to as "the Charter"). This proposal is justified as follows: by law No.
483/1991 Coll., on the Czech television, as amended by Act No. 36/1993 Coll., Act
No 253/1994 Coll., Act No. 301/1995 Coll. and Act No. 39/2001 Coll. (hereinafter the
"the law on Czech television") set out the conditions and also the procedure
the election of the Council of the Czech television, i.e. the body that is elected by the citizens (correctly
However, the deputies of the Parliament of the Czech Republic) in order to
control of the activities of the Czech television. According to the section 4, paragraph 4. 2 of the Act on the Czech
tv are candidates elected from the ranks of citizens on the basis of proposals
organisations and associations representing cultural, regional, social,
trade unions, employers, religious, educational, scientific, ecological,
and national interests. The proposals are delivered to the Chamber of Deputies
The Parliament of the Czech Republic (hereinafter referred to as "Chamber of Deputies"), which is
also under the law on Czech television entitled to elect and dismiss the
individual members of the Czech Television Council. The opportunity to be elected as a member of the Council
Czech television is by law given to all who meet the criteria of the law on
Czech television, i.e., those who are eligible for legal capacity, have
permanent residence on the territory of the Czech Republic and are integrity, as is
specified in section 4, paragraph 4. 3 the law on Czech television. The third part of article IV of the
paragraph 2 of the law No 39/2001 Coll., amending Act No. 483/1991 Coll., on the
Czech television, as amended, and on amendments to certain
other laws, has been modified (added) also Act No. 90/1995 Coll., on
rules of procedure of the Chamber of Deputies, as amended by law No 47/2000 Coll.,
so, for the purposes of the election of members of the Czech Television Council establishes the electoral
the Committee. The Election Committee of the Chamber of Deputies is in accordance with section 46a
the law on the rules of procedure of the Chamber of Deputies shall select from the proposed
the candidates for the members of the Czech Television Council, three times the number of members of the Council
Czech television, provided, if the number of candidates proposed
authorized organizations and associations and meeting the requirements laid down in
the law on Czech television is higher than three times the number of members is just
The Czech Television Council, who are to be elected. A group of Senators such as
the appellant sees in the text of the contested section 46a of the law on
rules of procedure of the Chamber of Deputies a contradiction
and with the article). 21. 1 of the Charter, which reads: "citizens have the right to participate in
on the management of public affairs directly or the free choice of their representatives. "
(b)) with the article. 21. 4 of the Charter, which reads: "citizens are equal
the conditions of access to elected and other public functions. "
(c)) with the article. 4 (4). 3 of the Charter, which reads: "the legal restrictions of fundamental rights
and freedoms must apply equally to all cases that meet the
laid down conditions. ".
The current text of the Act on the rules of procedure of the Chamber of Deputies with the provisions
the contested section 46a limits in the opinion of the plaintiffs ' neospravedlnitelně
the inalienable right of citizens to participate in the management of public affairs
through their representatives, and in a way that does not support the (apparently
in the constitutional laws or laws, because the appellants closer this thesis
neupřesnili). The fact that the Election Committee was established, which was entrusted to the
the competencies otherwise committed the Act on Czech television to all members
The Chamber of Deputies, are from voting (and Moreover, your choice
seek before their voters for re-election) excluded all
members-nonmembers of the Electoral Committee, and thus also those citizens that
members-nonmembers of the Electoral Committee. This is a limited right
These citizens to participate in the management of public affairs (through the
election of the members of the Czech Television Council to manage the Czech tv in the range
provided for by the law on Czech Television). The current text of the Act on the rules
the order of the Chamber of Deputies follows the provisions of the contested section 46a limits
neospravedlnitelně the inalienable right of citizens to have a level playing field
access to elected and other public functions. There are no rules
(criteria) for the activity of the Electoral Committee, consisting in the way
assessment of proposals (of candidates for elections to the Council of the Czech
tv) and leading to the selection of only a number of the candidates
"... meeting the requirements laid down in this Act, ..." of the corresponding
three times the number of members of the Council for Czech Television own the option of members
The Czech Television Council, the Chamber of Deputies. This avoids the substantial
of candidates to be elected by the choir, which is the law intended,
Indeed, the entire Chamber of Deputies, have access on equal terms
the elected functions. In addition, the Chamber of Deputies for the implementation of the contested
provisions in accordance with section 46a, paragraph. 3 the law on the rules of procedure
The Chamber of Deputies agreed on the details of the procedure (resolution No.
1616), but beyond the legal authorization resolution No. 8 limited
the Electoral Committee the right of candidates to appear before (i) Election Committee
The Chamber of Deputies only to a particular part of the candidates from those who otherwise
meet the prerequisites for a choice for the Member of the Council of the Czech television.
The current text of section 46a in addition, in paragraph 2 under "... and of the proposed
candidates meeting the prerequisites pursuant to this Act for choice
The Chamber of Deputies candidates in a number of corresponding to three times the number of
members of the Council ... "is confusing, since it is not clear that the law is
include the wording "... this law...", when the law on Czech television is not
even in the rules of procedure of the Chamber of Deputies cited and the law on
rules of procedure of the Chamber of deputies in the legislature could not have
the context in mind. The contested provisions of the law on the rules of procedure
The Chamber of Deputies is in conflict with the law of citizen (thus a candidate for
Member of the Council of the Czech Television) to the legal restrictions of fundamental rights,
Thus the rights to have access on equal terms to elected and other public
functions, apply equally to all cases that meet the set
the conditions. In itself, the contested provisions in the present is based on the hypothesis
"... the candidates meeting the prerequisites...", but then the restrictions to become
the object of the election applies only to the part of the candidates (those without
the establishment of criteria, therefore, arbitrarily determines the Electoral Committee). If, therefore,
even the option to be "admitted" to the election of a member of the Council of the Czech State television
only the subject of political speculation and auctions and the party should be
compromises, and, moreover, only parties with parliamentary, it would be appropriate
the provisions of the law on Czech Television (section 4 (2)) about which bodies
proposals shall be submitted by the candidates for members of the Czech Television Council (currently
entities outside of political parties, namely the interest and professional organisations and
Association of citizens), the provisions of the misleading to zmatečným. But even from the
the view of this kind of argument is misleading to zmatečným itself
the contested provisions. This pin supports, moreover, the fact that
legislator heading the substantive standard option objects (law on the
Czech Television) and the way options modifies the standard procedural.
The appellants therefore requested that the Constitutional Court of the contested part of the law
set aside for the discrepancy with the article. 4 (4). 3 and article. 21. 1 and 4, of the Charter.
II.
The Constitutional Court's assessment of the proposal requested the observations of the
the House and Senate. In the Chamber of Deputies indicated that law No.
39/2001 Coll., in part three of the article. IV, point 2 regulates the establishment of the electoral
the Committee of the Chamber of Deputies and its activities, and provides that the details of the
the procedure of the Committee of the Chamber of Deputies itself adjusts its resolution. This
the adjustment is entirely in accordance with the constitutional order of the Czech Republic. Directly in the
The Constitution of the Czech Republic (hereinafter referred to as "the Constitution") is regulated by the power of both
the Chambers of the Parliament set up as their bodies and committees of the Commission, with the
The Constitution does not specify that the committees are to be specifically established. Chamber of Commerce
they can set up their committees or establishment of a resolution may be
determined by the law. This is the de facto power of the Chambers set up autonomously
their authorities. In the Chamber of deputies are the committees established in accordance with section
paragraph 115. 2 of the rules of procedure of the Chamber of Deputies according to the principles
proportional representation, with the exception of the Organizing Committee. Of its activities
are the responsibility of the committees of the Chamber of Deputies. You cannot, therefore, agree with the
the view that the possibility to elect members of the Czech Television Council are excluded
"all members of the Election Committee-non-members, and thus also those citizens,
members-nonmembers of the Electoral Committee represent ". This view would
completely denied the principle of the legislative elections and the principle of proportional
representation in the Chamber of Deputies. Citizens are of course represented
its members, but directly from the law on the rules of procedure of the Chamber of Deputies
shows how the members participate in the work of the
the Chamber of Deputies. Member may be a member of no more than two committees with exceptions
referred to in section 33, paragraph. 1 of the law on the rules of procedure of the Chamber of Deputies.
Therefore, it cannot be inferred from the above opinion about
MEPs-nečlenech and the citizens they represent. It should also be
emphasize that each Committee presents its findings to the Chamber of Deputies and
only the Chamber of Deputies is the responsibility of the final decision on matters that
hears, even in cases which discuss the committees as the authorities
The Chamber of Deputies. Law No. 39/2001 Coll., therefore, does not violate the right of citizens of the
to participate in the management of public affairs by the choice of their representatives. The provisions of §
46A, paragraph. 2 modifies only the method of procedure in the case of a high number of
candidates. The law must contain such an adjustment, because otherwise when
a very large number of candidates was their own choice almost impossible. On
the selection of candidates are involved in all the members of the Election Committee
representing their constituencies according to the principle of proportional representation. The contested
the provisions of section 46a therefore does not limit in any way the fundamental rights and
freedom according to the article. 21. 4 and article. 4 (4). 3 of the Charter. At the end of your
representation of the Chamber of Deputies then expressed the view that the contested
the provision does not conflict with the constitutional order of the Czech Republic and is fully
in terms of legislation the relevant provisions of the Constitution-
particular article. 18 paragraph. 1 and article. 31.
The Senate in the comments pointed out that the contested provision was to act on the
rules of procedure of the Chamber of Deputies added to the amendment made by the
Law No. 39/2001 Coll., the draft of the law was submitted to the Government
in early January 2001, and contained the amendments to the three laws, and law No.
483/1991 Coll., on the Czech television, as amended, law No.
484/1991 Coll., on the Czech Radio, in wording of later regulations, and act
No. 468/1991 Coll., on radio and television broadcasts, in
as amended. On the basis of the request of the Government, was due to
the situation in the Czech television-to discuss the Government's draft law
declared a State of legislative emergency, and a Bill was being discussed in the
Summary of the negotiations. In the Chamber of Deputies the Government proposal for changes,
that is reflected in the change of name Act, and was supplemented by the amendments to the
and the other three laws including the law on the rules of procedure of the Chamber of Deputies.
The Chamber of Deputies adopted the Bill was delivered to the Senate on 15.
1. in 2001, and since it was about Bill projednaný in the Chamber of Deputies
In summary, pursuant to section 118 of the Act was no 107/1999 Coll., on the
the Senate's rules of procedure, discussed in the abbreviated hearing and Appeal. In
The Senate has a bill like the Senate printing No 1/2001, discussed in two
committees, the Committee on Petitions and the Committee and ústavněprávním. The Senate
the draft law discussed at their 4. meeting (III term) on 17.
1. in 2001, and after the proposal has been adopted, to Senate Bill
did, or a proposal for its approval in the text submitted by the
the Chamber of Deputies, adopted amendments submitted to the said meeting of the Senate and
resolution No. 53 decided to return the Bill in the Chamber of Deputies
the text of the adopted amendments. From the present 66 Senators
voted for this proposal and 39 against 14 members of the Senate. When discussing the
a Bill in the Senate was considered a situation in which the proposal was
the Bill under discussion, when it was necessary to adopt a legislative adjustment
to address the then crisis in Czech television. In the account of the
the severity of the proposed adjustments, which, in the opinion of many
the Senators next to positive changes include some fairly serious
deficiencies, whose solution would require a longer period of time. The Senate, therefore, to
the draft law adopted amendments, the intention was to adopt
only a legal adjustment to address the then current crisis
the situation in the Czech television, and said that the new legislation the so-called. Media
laws and the necessary changes in the relevant laws respecting also the
the relevant constitutional principles should be prepared in the context of the current
the legislative process. This solution, however, the Chamber of Deputies
accepted.
In the context of the examination of the proposal by a group of Senators can be noted on the
the fact that in mid-June of 2001, the Government has submitted to the Chamber of Deputies
House of Commons to discuss the draft law, amending Act No. 484/1991
Coll., on the Czech Radio, and Act No. 90/1995 Coll., on rules of procedure
The Chamber of Deputies. In this proposal, yet to be discussed in the
the bodies of the Chamber of Deputies, the Government also proposes changes to section 46a of the law on
rules of procedure of the Chamber of Deputies, which justifies-inter alia-by
that the adjustment of the procedure of the Election Committee contained in section 46a, paragraph. 2 "
It is not in accordance with the article. 21. 4 of the Charter ".
III.
The Constitutional Court under section 68, paragraph. 2 Act No. 182/1993 Coll., on the constitutional
the Court has examined whether law No 39/2001 Coll. (part of third-change
Act No. 90/1995 Coll., on rules of procedure of the Chamber of Deputies, in the text of the
Act No. 47/2000 Coll., article. IV, point 2) was adopted within the limits of the Constitution
established competence and constitutionally prescribed way. From the comments
The Chamber of Deputies then showed that law No 39/2001 Coll., which was
to the rules of procedure of the Chamber of Deputies included the contested provisions of section
46A, was passed in the Chamber of deputies in the third reading on 13. 1. the 2001 and
in the vote under serial number 16 was present for the 179 members of Parliament
120 and against 50 members. On the proposal by the Senate vote was the date returned
23.1. 2001 and the Chamber of Deputies approved the original proposal of the Bill (in the
the version of 13 October. 1.2001) in the vote under order number 123, from
194 members of Parliament present was for 133 against and 52 members. The law was
signed by the President of the Republic on 23 December 2005. 1.2001 and promulgated in the collection of
the laws of 25 July. 1.2001 in the amount of 14/2001 Coll. no choice but to conclude that the
tagged law was adopted and published in the limits of constitutionally established competence
and constitutionally prescribed way.
IV.
The method of election of the members of the Council, Czech tv has been modified by law no new.
39/2001 Sb.
According to the section 4, paragraph 4. 1 third sentence of the law on Czech television, in the text of the Act
No 39/2001 Coll., the members of the Council is elected by the Chamber of Deputies
The Parliament of the Czech Republic (hereinafter referred to as "Chamber of Deputies"), so that in the
It represented a significant regional, political, social and cultural
discourses.
According to the section 4, paragraph 4. 2 the law on Czech television, as amended by law No 39/2001
SB., "proposals for candidates for the members of the Council shall be submitted to the Chamber of Deputies
organisations and associations representing cultural, regional, social,
trade unions, employers, religious, educational, ecological and
national interests. Proposals may be submitted within 15 days from the date of
the publication of the invitation of the President of the Chamber of Deputies for the presentation of proposals
in the manner prescribed by resolution of the House. ".
In section 46a of the Act on rules of procedure of the Chamber of Deputies, in the wording of Act No.
39/2001 Coll., specified:
"(1) for the purposes of the election of members of the Czech Television Council (hereinafter referred to as" the Council ")
the Chamber of Deputies shall be established the Electoral Committee, the members shall elect from the members
According to the principle of proportional representation.
(2) if the number of candidates proposed by authorized organizations and
associations of higher than three times the number of members of the Council, who are to be
elected, the Election Committee will assess the proposals and of the proposed candidates
meeting the prerequisites pursuant to this Act for choice
The Chamber of Deputies candidates in a number of corresponding to three times the number of
members of the Council, who are to be elected. If the number of candidates
designed by authorized organizations and associations, more than three times the
members of the Council, who are to be elected, the Election Committee shall submit to the Chamber of Deputies
the House to the choice of all proposed candidates complying with the requirements laid down in
of this law.
(3) details of the procedure modifies the Chamber of Deputies, the resolution
which also determines to what extent the procedure referred to in paragraphs 1 and 2
uses the electoral regulations (Appendix 2). "
The Chamber of deputies by resolution No. 1492 from 34. meeting of 2 July. 3.2001 according to
section 46a, paragraph. 3 the law on the rules of procedure of the Chamber of Deputies modified the closer
the procedure for the election of the Committee for the selection of candidates. In the resolution
provided that the
1. a call for submission of proposals of candidates for members of the Czech Television Council in
the fifteen-day statutory time-limit (section 4, paragraph 2, of the law on Czech Television) shall send to the
the President of the Chamber of Deputies for the publication of the Czech press office,
2. in accordance with section 4 and 5 of the law on Czech television, be submitted to the authorised
organisations and associations, proposals of candidates for members of the Czech Television Council in
the statutory time limit to the Electoral Committee of the Chamber of Deputies,
3. the Election Committee shall assess whether the candidates for members of the Czech Television Council
proposed authorised organisations and associations under the Act on the Czech
television and that the nominees meet the conditions set out in
the cited law,
4. the Election Committee shall list the Czech Television Council Election Commission
The Chamber of Deputies and at the same time notify this fact to the President
The Chamber of Deputies. The provisions of the article. 6, point 2 of the annex of the rules of procedure
The Chamber of deputies do. Other provisions of the annex No 2
rules of procedure of the Chamber of Deputies for the choice of the Czech Television Council
apply. The said Annex No. 2 is the electoral procedure for elections held
The Chamber of Deputies, and according to the article. 6, point 2, the proposals shall be submitted
the Electoral Commission of the Chamber of Deputies, not later than ten days before the date of
options.
The Constitutional Court was further submitted the following resolution of the electoral
of the Committee:
-resolution No. 6 of the 2. meeting on 5 December. 4.2001,
-resolution No. 8 of 3. meeting of 24 May 2005. 4.2001,
-resolution No. 11 from the 4. Meeting 15 July. 5.2001,
-resolution No. 16 of 5. the meeting of 22 May. 5. the 2001 and
-resolution No. 21 from 5. meeting of 24 May 2005. 5.2001.
These documents revealed that the Electoral Committee within the meaning of that
the resolution of the Chamber of Deputies exclusively examined the compliance with the conditions and
the assumptions provided by law for Czech television. Above all, he
whether the proposals have been submitted to organisations and associations referred to in section 4, paragraph 4.
2 the law on Czech television. For this purpose, on the basis of resolution No 6
He invited these bodies to appropriately substantiate that they meet
the conditions laid down for the submission of proposals. Resolution No. 11 then disabled
the selection of those candidates who were nominated operators of either not meeting the
the conditions referred to in section 4, paragraph 4. 2 the law on Czech television, or bodies,
that did not substantiate that they are entitled to submit a proposal within the meaning of
the cited provisions. Further from the supporting documents submitted showed that the
the Election Committee has examined whether the nominees meet the prerequisites
set out in section 4, paragraph 4. 3 the law on Czech television. Resolution No. 6 of the order
the Chairman of the Electoral Committee of the request of the plaintiffs, the documentation which
would showed that they suggested the candidates meet the laid down
assumptions. The same resolution requested have been precisely defined
the supporting documents. Of the other resolutions of the Committee clearly shows that from
of the total proposed number of candidates were shut out only those who were
proposed entities or may set out unfit
assumptions. Further, then the Election Committee picked specified number of
candidates (three times the number of members of the Czech Television Council) secret
the vote according to the rules arising from the annex No 2 of the law on
rules of procedure of the Chamber of Deputies and of the resolution No 8.
In the.
At the core of the proposal of the Group of Senators on the repeal of that provision of the law on
rules of procedure of the Chamber of deputies are two objections, objection
concerning the Constitution of the Electoral Committee itself and the claim related to
the restrictions on the right of citizens to have access on equal terms to the elected and
other public functions.
The essence of objections directed against the very Constitution of the electoral
the Committee is convinced that the creation of the plaintiffs ' Committee are
all members who were assigned to this Committee, be excluded from
share in the decision-making process in choosing the members of the Council of the Czech television. As a result of
This exclusion then to the Electoral Committee of the non-attached Members cannot
represent their voters in this area, which as a result is
by limiting the rights of their voters to participate in the management of public
matters.
The Constitutional Court in its assessment of that objection to the view
contained in the representation of the Chamber of Deputies, according to which the law regulates the
the establishment of the Election Committee and its activities the provisions that the details
the procedure of the Committee are left the resolution of the Chamber of Deputies. This
the adjustment is entirely in accordance with the constitutional order of the Czech Republic, as
directly in the Constitution, is regulated by the power of both chambers of Parliament, set up as a
their bodies and committees of the Commission, without the Constitution determined that committees have
be specifically constituted. If each Chamber set up their committees
custom resolution, it is the jurisdiction of the parliamentary chambers set up
their autonomous institutions. This corresponds to the-in the opinion of the constitutional
Court-the principle of representative democracy, as Parliament, which
emerged from free elections, as a recipient of the power under the Constitution
defined the scope of the decisions that reflect the will of the people in the
the meaning of the article. 2 (2). 1 of the Constitution. Competency supremacy of the Parliament and the
internal organisational autonomy of its Chambers is, therefore, undeniable
requirements of the authority representing the sovereign will of the people.
From the general definition of the principle of proportional representation, it appears that this system
political representation has to fulfill the requirement that the ratio of the allocated
mandates more or less corresponds to the proportion of votes received. For the application of this
the principle is, however, necessary to create the basic conditions in a relatively
stabilized electoral and party ratios. Among these basic
conditions can be referred to in the general theory include mainly steady electoral
a mechanism that was used in at least three consecutive
the elections. Further assume that the party system is largely
standing, not too much; and you can specify the minimum measurable size
the so-called. the smallest parties. Theory concludes (e.g.. K M., Proportional
"disproportionate" the electoral system after the amendment to the law on elections to the Parliament
The Czech Republic, the Political magazine No. 4/2000, p. 349), in Czech
Republic are created for the application of the principle of stabilized standards
proportional representation, and the Constitutional Court is of the same opinion.
From what has been stated in the opinion of the Constitutional Court can infer that the
If enough are created the conditions for the application of stabilized
the principle of proportional representation in the Chamber of Deputies as a Constitution
a whole, then, of course, cannot have no doubt that, even for the Constitution
the internal organs of this Chamber of Parliament is the principle of proportional representation
constitutionally Conformal basis. The law on the rules of procedure of the Chamber of Deputies
then specifying how members participate in the work of the
The Chamber of Deputies. A member can be a member of no more than two committees with
the exceptions provided for in § 33 paragraph. 1 of the rules of procedure of the Chamber of Deputies.
For the Election Committee, as is clear from section 46a, paragraph. 1 rules of procedure
The Chamber of Deputies, is the principle of proportional representation of the basic rule
for his Constitution, which means that the structure of the choir members-members
the Electoral Committee corresponds to the structure of the mandates in the Chamber of Deputies
House of Commons, and thus the proportion of votes of voters that political parties
represented in this Chamber of the Parliament.
In other words you can express that the establishment of the Parliamentary Committee, consistently
follows the principle of proportional representation, the application is created and
the Chamber of Deputies itself. From this you can then legitimately
expect that the Election Committee in the framework of their respective competences, shall act in
election of members of the Czech Television Council in a way that respects the layout
political forces in the whole of the Chamber of Deputies. The establishment of the Election Committee
(insert section 46a in the rules of procedure of the Chamber of deputies by law No 39/2001
SB.) It is then obviously motivated by the intention to just select the appropriate number of
candidates of the Czech Television Council, so that when the election of the members of the Council
The Chamber of deputies of the Czech television should be sufficient time for discussion and
careful consideration about individual candidates, which would only might
lead to rational conclusions justifying their choice. With regard to this,
as mentioned, this is so sure "prefetch" said candidates of the Council
Czech television, however, the Authority set up by the Chamber of Deputies
in the manner already described. This method then ultimately cannot be
described as unconstitutional, and even in terms of the namítaného article. 21. 1
The instrument, which is at least respected of course important principle, that
"Citizens have the right to participate in governance directly or
the free choice of their representatives. " Whereas, as has been mentioned,
Therefore, the Constitutional Court came to the conclusion that the way of the electoral
the Committee does not possess the features of unconstitutionality, and the left than in the indicated
the direction of the raised an objection to be considered unfounded.
The essence of the objection relating to restrictions on the right of citizens to have equal
the conditions of access to elected and other public functions is the belief
the plaintiffs, that the adjustment does not contain any rules (criteria)
for the activities of the Electoral Committee, consisting in the way the assessment of submitted
proposals and leading to the selection of only the number of candidates who otherwise meet the
the assumptions of the law on Czech television, corresponding to three times the number of
members of the Czech Television Council. Application of this adjustment is, in the opinion
plaintiffs avoided a substantial part of the proposed candidates to be elected by the
the chorus, which is the law intended, i.e.. The Chamber of Deputies,
therefore have access on equal terms to all elected functions.
The provisions of the article. 21. 4 of the Charter stipulates that "citizens are equal
the conditions of access to elected and other public functions ". This right
linked with permission to participate in the management of public affairs. Such a right
It is universal, belongs to every citizen without distinction of sex, nationality,
religion, political affiliation to any group or another
position. Administration of public affairs is participation in the political life of the State,
governance and management of public affairs and also means the ability to
apply for and hold any function in public life without any
discrimination. That provision of the Charter corresponds to article. 25 (a). (c))
The International Covenant on Civil and political rights, which States,
that every citizen has the right and the opportunity, without any of the differences referred to in
article. 2 of the Covenant and without unreasonable restrictions to enter on equal terms
in the public service of his country. Equal conditions for access to public
services of the country mean that the qualification requirements should not be excluded
any of these services, for the reasons given in the article. 3 of the Charter, or article. 2
The Pact. Equal conditions also mean that any law
forces nor the practice of the authorities of the State power cannot prefer or discriminate
some groups of citizens from the other groups in terms of access to
public functions.
As already said, the only criteria that the law on Czech television to select the
members of the Council of deputies of the Czech television, are that the Council
Czech television has to be chosen, "... to have been represented
significant regional, political, social, and cultural discourses "(§
4 (4). 1 of the law on Czech Television), when the proposals for candidates shall be submitted to
The Chamber of Deputies the organisations and associations representing cultural,
regional, social, Trade Union, employers, religious,
Educational, scientific, environmental, and ethnic interests (section 4, paragraph 2, of the law
on Czech Television). The assumptions for the opportunity to be elected as a member of the Council
Czech television are set out in section 4, paragraph 4. 3 of the Act on Czech television and
include eligibility to legal capacity, permanent residence on the territory of the Czech
Republic and integrity.
The task to ensure the composition of the Council referred to the Czech television is determined
The Chamber of deputies of the Czech Television Act, but the relevant provisions
section 46a, paragraph. 2 of the rules of procedure of the Chamber of deputies are the norm
governing the procedure by which the House of Commons that the task performs.
The distribution of modifications of the Czech Television Council between, as indicated
the plaintiffs, the substantive regulation and procedural regulation is not considered
The Constitutional Court is unconstitutional, because the substantive edit-thus
the position of the Council of the Czech television, its origin, powers, etc. -must be
governed by the substantive law (the law on Czech Television), opposite the
This way the work of the Chamber of deputies in elections of members of Council of the Czech
the tv must be clearly regulated in this Act materially,
regulates the conduct of the House, in the law on the rules of procedure
The Chamber of Deputies. If in the context of the first objection on
the Constitution of the Election Committee, the Constitutional Court ruled that the electoral
the Committee is a constitutionally established body Of Conformal manner
the Chamber of Deputies and he was entrusted with the power to participate in the elections of the members of the Council of the Czech
tv, then the action of the Election Committee in the election of the members of the Council of the Czech
television can be considered the action of the House itself.
The Election Committee under section 32 of the law on the rules of procedure of the Chamber of Deputies
one of the committees of the Chamber of Deputies, therefore, duly laid down by law,
body with defined powers and negotiations. The activities of the committees is modified.
in the sixth, section 32 of the Act on the 46a to rules of procedure of the Chamber of Deputies.
From meeting the rules as are laid down in § 36 et seq.. the law on the
rules of procedure of the Chamber of Deputies, clearly shows that the work of the Committee
is governed by the standard rules applicable to the conduct of democratically
established authorities. The members of the Committee shall be entitled to attend meetings of the
Committee, supplement or amendment to the agenda, with
suggestions, comments and suggestions. Of all the proposals is then decided
in a way, that the law on the rules of procedure of the Chamber of Deputies, exactly
modifies. Of all of its activities are the responsibility of the committees of the
House of Commons.
The Election Committee, as is apparent from the documents referred to in part IV. justification
This award, the imposition of candidates progressed
According to the section 4, paragraph 4. 2 and 3 of the law on Czech television, therefore, assessed the implementation of the
the formal requirements laid down by the law (proposal submitted by authorized
bodies, the prerequisites of the Czech Television Council member). This
procedure cannot criticize violations of equal conditions for citizens ' access to
elected functions. Violation of that principle, however, cannot be found or in the
the next procedure Committee, that the selection of a limited number of candidates
no longer performed only on the basis of elections with secret ballot. From this
the procedure clearly shows that even here all nominees should
the same ability to access this feature.
Whereas, as has been mentioned, and as a result of the respect for the principles of
proportional representation in the setting of the Election Committee could not come to
the conclusion that the article was violated. 21. 4 of the Charter, and therefore was denied
citizens for equal conditions of access to elected and other public functions
(membership in the Council of the Czech Television). Again it should be noted the obvious
the intention of the House make your body (with respect for the principles of
proportional representation), who apparently created the conditions for a more efficient
the activities of the Chamber of deputies in the election of members of the Czech Television Council.
Maintaining a level playing field in terms of citizens ' access to public
the features to be found in their equal opportunities through
proposals by qualified entities to bid on the function of Member of the Council of the Czech
television, even from the point of view of existence and competence by the
the House set up the Election Committee in accordance with the principles of proportional
representation.
Finally, the appellants argued that the existing text of section 46a, paragraph. 2 of the law on
rules of procedure of the Chamber of deputies in part "... and of the proposed candidates
meeting the requirements laid down in this law... "is confusing,
Since it is not clear that the law here is the wording "... this
the Act... ", when the law on Czech television is not at all in the Act on the rules
the order of the Chamber of Deputies cited and the law on the rules of procedure of the
the Chamber of Deputies was unable to have the legislature in a given context in mind. To this
comment, the Constitutional Court stated that the wording is not very appropriate, but
the overall context of the contested provisions, i.e.. section 46a of the Act on the rules
the order of the Chamber of deputies clearly shows that this is the election of the members
The Czech Television Council, and can therefore be inferred that the preconditions for the exercise of this
functions are defined just by the Act on Czech television. The Constitutional Court in the
in this context, notes that the imprecise wording is rather
of a technical nature and in no case does not establish the unconstitutionality
the contested provisions.
The Constitutional Court concluded that the contested provision is violated article.
21. 4 of the Charter.
The President of the Constitutional Court:
JUDr. Kessler v. r.
