Repealing Certain Provisions Of The Act. He Association In Politics. Sides

Original Language Title: Repealing Certain Provisions Of The Act. On Association In Politics. Sides

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98/2001 Sb.



FIND



The Constitutional Court



On behalf of the Czech Republic



The Constitutional Court ruled June 27. February 2001 in plenary in the matter of the proposal

President of the Republic on the repeal of section 20 (2). 4 second sentence and part of section 20

paragraph. 7 of Act No. 424/1991 Coll. on Association in political parties and in

political movements as amended by Act No. 340/2000 Coll. and section 85, third sentence

Act No. 247/1995 Coll., on elections to the Parliament of the Czech Republic and the

change and the addition of certain other acts, as amended by Act No. 204/2000

SB.



as follows:



1. The provisions of section 20 (2). 4 second sentence of the Act No. 424/1991 Coll. on

of Association in political parties and political movements as amended by

amended, is repealed on the date of publication of this finding in the collection

laws.



2. In section 20 (2). 7 of Act No. 424/1991 Coll. on Association in political

the sides and political movements, as amended, on the date of

the publication of this finding in the collection of laws of the words "on the mandate of the

a Deputy or Senator shall be 1 0000 0000 CZK per year ".



3. the procedure for the application for revocation of section 85 of the third sentence of the Act No. 247/1995 Coll., on

elections to the Parliament of the Czech Republic and amending and supplementing certain

other laws, as amended, is hereby terminated.



Justification:



(I).



The Constitutional Court has received 2 July. 11.2000 in accordance with article. paragraph 87. 1 (a).

and the Constitution of the Czech Republic) (hereinafter referred to as "the Constitution") and § 64 paragraph. 1 (a). and)

Act No. 182/1993 Coll., on the Constitutional Court, the President of the Republic on the proposal

repeal of the provisions of section 20 (2). 4 second sentence and part of the provisions of section 20 of the

paragraph. 7 of Act No. 424/1991 Coll. on Association in political parties and in

political movements, as amended, (hereinafter referred to as "the law of

political parties "), as well as the provisions of section 85 of the third sentence of the law No.

247/1995 Coll., on elections to the Parliament of the Czech Republic and amending and

various other laws, (hereinafter referred to as "electoral law") for

contradiction with article. 5 Constitution and with article. 20 (2). 4 and article. 22 of the Charter of fundamental

of rights and freedoms (the "Charter").



In the law on political parties in section 20 (2). 4, which reads as follows:



"Entitled to a permanent post and side movement arises, which have gained in

elections to the Chamber of Deputies, at least 3% of the votes. If the party does not, and

the movement in the elections, the number of votes required for their

representation in the Chamber of Deputies under special legislation,

entitled to a permanent post does not. ", it is proposed to cancel the last sentence.



In section 20 (2). 7, which reads as follows:



"A contribution to the mandate of the Deputy or Senator shall be annually 1 0000 0000 CZK

the mandate of a member of the Regional Council shall be 250 000 CZK per year. "



It is proposed to cancel the words: "on the mandate or the Senator makes a year

1 0000 0000 CZK.



The President of the Republic sees in the text of the contested provisions

the laws cited contradiction



-with the article. 5 of the Constitution, which reads: "the political system is based on the free

and a voluntary formation of and free competition of political parties which respect the

the basic democratic principles and unwilling to violence as a means to

the promotion of their interests. "



-with the article. 22 of the Charter, which reads: "the legal adjustment of all political rights and

freedoms and its interpretation and application must allow and protect free

a contest of political forces in a democratic society ".



-with the article. 20 (2). 4 of the Charter, which reads: "the political parties and the political

movement, as well as other associations, are separated from the State. "



At the same time, it was proposed to postpone the cancellation of the contested provisions, so that the

the Parliament of the Czech Republic was granted sufficient time to

the adoption of the new legislation.



As regards the proposal to repeal the provisions of section 85 of the third sentence of the electoral

the law, the Constitutional Court stated that this provision was already canceled

the finding of the Constitutional Court of 24 June. January 2001, SP. zn. PL. ÚS 42/2000 and

expired on the date of its publication in the collection of laws of the day 16. February

2001 under no. 64/2001 Coll., for that reason, the Constitutional Court under section 67, paragraph. 1

Act No. 182/1993 Coll., to this extent, the management stopped.



The President of the Republic as the reason for its proposals, in the constitutional

fine expressed the basic principles of the political system of the Czech

the Republic, which are of fundamental importance for the democratic character of the State.

These include primarily the free competition of political parties as the basis of

the political system (article 5 of the Constitution, article 22 of the Charter), which is the guarantee of the

political pluralism. Means the prohibition of discrimination or vice versa

the preference of one political party over another. In other words,

speaking of that political parties should have equal chances to succeed in the

political competition-in the elections. Agrees that central to the

"freedom" political competition are the conditions and structure of financing

political parties and the legal order of the Czech Republic therefore modifies the various

forms of direct State funding of political parties in the Act on

political parties and in the electoral law. However, the fact that the

the latest amendments to the said laws were fundamentally changed conditions

payment of the contribution and the amount of the contribution of the permanent mandate (article 20, paragraph 4, and 7

the law on political parties), as well as the terms of payment and the amount of

contribution to the reimbursement of election expenses (section 85 election law).



The President of the Republic in its next assessment of the amendments to the changed

conditions notes that under section 20 (2). 4 of the law on political

sides, political party (the movement), which in some elections

reached the limit of 3% of the votes cast and won the right to a permanent

the post does not receive the contribution in the following election, if they

do not exceed the closing clause for the entrance to the Chamber of Deputies

set by the electoral law. The last amendment to the change compared to the

quo status, when getting a 3% of the votes cast would lead without further

the conditions for entitlement to a permanent post. It has significantly worsened

economic status, and thus the future electoral prospects, in particular new

emerging (of) political parties, which have already

enforce the consciousness of voters (the proof is a qualified share on the number of

of the votes cast), but to get a share of the State power, and, therefore, to

actually the relevant representation of their voters usually need time to

beyond the immediately following term.



Under section 20 (2). 7 of the law on political parties makes contribution to the

the mandate of the Deputy or Senator 1 0000 0000 Czk. The last amendment of the law

the increase was double the contribution compared condition and

the adjustment has already apparently goes beyond the article. 20 (2). 4

Of the Charter, according to which political parties and movements are separated from the State.



The President of the Republic stresses that direct State funding of political

the parties is fully legitimate and constitutionally Conformal. This privilege arises from the

their mission is to transform the will of the people in the State, and will

a democratic legal State has a natural interest that this will shape the

When the rivalry parties in the electoral contest and to cover part of it

associated expenditure therefore contributes to them. On the other hand, however, is undesirable,

so that the State funding must be directed to the promotion of national interests within the

political parties. In other words, the parties would not be significantly

more dependent on State aid than on the support of citizens and lose so

the motivation for reaching out to their members and supporters to their program and

activities during the entire electoral period.



The President of the Republic further points out that the changes you make affect all

part of the system of State financing of political parties and can be summed up,

in this area of increasing differences between the parliamentary and

mimoparlamentními political bodies to bodies

the parliamentary.



At the conclusion of its proposal, the then President of the Republic stresses that the challenged

the provisions shall, in their complex to make it more difficult or completely prevent

enrichment of current political spectrum new ideas. The political

the spectrum is it perpetuates, the possibility of political minorities to become political

usually means, and some of the bodies are practically deleted from

political competition. This is in contradiction with the principle of equality of political

chances, because those who are already into the consciousness of citizens ensured gives

more and more, while the proportion of State aid to those who enforce the

need to be reduced and access to it. With regard to the

the present stage in the development of our democracy shall be considered just the conservation

between representatives of the different currents of thought in management

the State is important and it is considered that the free competition of political parties is

the provisions, which will propose to cancel the unconstitutional way,

limited and distorted.



II.



The Constitutional Court requested the proposal for a President of the Republic representation of both

the Chambers of the Parliament of the Czech Republic, as well as the Government of the Czech Republic.



The President of the Chamber of Deputies, Prof. Ing. Václav Klaus, your CSc.

He dated 3. 1. submit a comprehensive statement to the 2001 individual

proposals of the President of the Republic. First he section 85 election law

and the Constitutional Court left this statement in the common grounds, because

the argument concerning the permanent mandate of the contributions and contributions to the

reimbursement of election expenses cannot be separated and weakened, it would
the arguments of the interested party. The President of the Chamber of Deputies stated that

the provisions referred to in the third sentence of paragraph expresses the relationship between the

request a free and equal competition of political parties leading to such

composition of the legislature, which faithfully conforms to the will of the voters, and

the requirement for a standard structure that allows the formation of political parties

functional political majority in the legislature. That provision is

justified by the need to face such a differentiation of the political forces and the number of

political parties in the legislature, which do not correspond to the natural

the structure of the opinion of the political currents in society. Another of the reasons

It is also an effort to curb the recurrent activities of political parties with a minimum

a Committee that can be directed only to the obtaining of State

resources, where appropriate, to another destination than to success in the elections.



This integration of stimulus is, therefore, in his opinion, in our political and

the electoral system is necessary, since it helps to ensure the functionality and

the capacity of the parliamentary system and to ensure the seriousness of the electoral

competition. The provisions of section 85 of the sentence of a third electoral law shall be considered for the

Edit, which does not interfere with the principle of free competition of political parties,

as directed to express the will of the majority of voters in the legislature.



The current legislation does not diminish the importance of the contribution of the electoral

costs, since its meaning is not the amount, but to

corresponds adequate cost parties on options and possible

He helped the parties to pay their costs. The aim of this contribution

not full compensation of all election expenses.



Disagree with the view that the contribution margin of the election costs has

"unique" place in the financing of political parties by the State. Such

opting for one of the forms of assistance to State political parties considered

unjustified, since every form has its specific and unique

the site and all the help in its summary, the prerequisites for the proper

the operation of our political and electoral system. Disagree even with

the view that "the Constitutional Court highlighted in its finding, the importance of this

contribution for the support of the free competition of political parties, or that the

the highlight was the measure of the legislature almost destroyed. " The conditions for the

to obtain the contribution are laid down by law uniformly and equally for all

political entities which participate in the competition, and on the basis of

There is, therefore, to the preference of some political parties at the expense of the

other or hindering their participation or competitiveness in the

the elections. This post, as well as all other factors to ensure

free and free competition of political parties are, therefore, individually and in

as a whole, in its opinion, in accordance with the constitutional order.



Account must be taken of the fact that the abolition of the third sentence in section 85

the electoral law would have been affected by all the political bodies without

the difference, as the contribution to the reimbursement of election expenses in the event that the

would not have been adopted by the Parliament of any new legislation, it was not possible

to pay off. This would, however, ceased to be the meaning of all the section 85 election law.



The President of the Chamber of deputies also stressed that Parliament took into consideration when

its decision on the new wording of the third sentence of section 85 election law to

the finding of the Constitutional Court No 243/1999 Coll., which was dropped 3%

the limit for the payment of the allowance in the amount of the election $ 90 for each obtained

voice. Is satisfied that the limit of 2% of the votes obtained corresponds to the indicated

the award (the Constitutional Court recommended in that finding the border "around 1%

the obtained votes "), as well as the above requirements to ensure

functional and akceschopného parliamentary system and the requirement to

to ensure the seriousness of the electoral intentions of political parties.



As regards the proposal to abolish the provisions of the law on political

sides, does not identify with the idea that "the core for the freedom of political

the competitions are the conditions and structure of financing of political parties ". Can be

certainly agree that the financing of political parties is an important and

an essential factor for ensuring their activities. Ensure the

freedom of political competition, however, cannot be limited only to the questions

the financing of political parties. This freedom is guaranteed and

other equally important conditions such as, for example, the basic

the democratic principles, the same legal status of political parties

and legal editing of all political rights and freedoms, which must

permit and protect free competition of political parties.



Free and free competition of political forces is based primarily on

that is all the political entities governed by the same predetermined

the rules. This law provides, and does not prevent the emergence of new parties or

their penetration into the Parliament. Prevent them from it may just voters,

which, however, is the essence of democracy. Free and competition policy

the parties, therefore, is not a new law undermined. Parties and movements may

arise quite freely, they can then enter into the political

the competition, may apply for the support of voters and communicate with the public.

By contrast, there is also the freedom of voters to choose from more political

the alternatives represented by multiple political parties and more candidates.

None of these criteria is not a new law affect and infringed.

The argument about the need to ensure the real possibility of parliamentary representation

small or emerging parties, do not belong in his opinion in the field of

the electoral law. Related to the freedom of establishment of parties, rather, with their

program and with freedom of the press and the exchange of information. Only if the

a party program and strategies, broader public support, is

the real her representation in the Parliament, according to the rules, which apply equally

for all. The "newness" or "smallness" of political parties cannot, therefore, be

in his opinion, the reason for her benefit.



Also do not agree with the opinion that the addition of section 20 (2). 4 of the law on

political parties (the withdrawal of contribution after following "unsuccessful"

the election) there was a significant deterioration in the economic situation of the parties, and

Thus a deterioration in their future electoral prospects, especially for

the parties newly emerging (of). Is convinced that further

financing of parties, or after the provision of the Standing

contribution elections failed to get the necessary support

the electorate is not justified and should therefore be limited. These parties are not

sufficiently representative and do not participate directly in the

the activities of the legislature and other State institutions. The argument,

These parties need to obtain a share of the State power, and, therefore, to

actually the relevant representation of their voters, as a rule, the time

beyond the immediately following the election period, is not in accordance with its

the belief is well founded. That is about the extent to which

can reach out to these parties during the electoral period and the election

voters to cast their votes.



To the question of increase in the contribution to the mandate of the Deputy or Senator from 500 000

$ 1 0000 0000 Czk stresses that it is completely within the competence of the legislative

the Corps to determine its size. It cannot, of course, Act on its discretion,

on the contrary, the amount of this contribution shall correspond to a real and proportionate

the cost of political parties required to ensure their activities. Is

no doubt that the basic premise for obtaining mandates, and thus for

the acquisition of that allowance, however, is the support of the electorate expressed in

the elections. Therefore, do not agree with the view that the increase in this

the contribution could lead eventually to the promotion of national interests within the

political parties, because that contribution to the mandate is

paid in accordance with the same criteria to all governmental and non-governmental, parliamentary

parties. The new legislation does not allow political parties or movements

to perform the functions of State authorities, these authorities to replace or control

and can delegate the tasks. In the light of the increase of the contribution, therefore,

violation of article. 20 (2). 4 of the Charter, under which political parties and

movement separate from the State.



In conclusion then notes that the existing legislation on the financing of the

political parties and movements has no political bodies or

does not increase the differences between parliamentary and political mimoparlamentními

bodies in favour of parliamentary bodies. The enrichment of existing

the political spectrum for new ideas-as reported by the President of the Republic-

You cannot associate and subject to financial collateral only parties and movements.

Such thoughts are formed and presented outside of the parliamentary

Parties, respectively, out of any party or movement, and it depends

primarily on their content, the benefits and the need for the company. In

this context underlines that disagrees with the opinion that even the rotation of the

representatives of the different currents of thought in the management of the State could lead

itself to the enrichment of society about new ideas, and thus to a further

the development in our State.



Notes, further, that in the case of how the law on political parties

revised by law No. 340/2000 Coll., the electoral law
the revised law No. 204/2000 Coll., the President of the Republic took advantage of his

rights under article. paragraph 50. 1 of the Constitution and the law of the Chamber of Deputies came back,

that, however, remained both laws on them by an absolute majority of all

members. As a result, both laws were then under the listed numbers

published in collection of laws.



The President of the Senate of the Parliament of the Czech Republic. Petr Pithart its

He dated 5. 1. submit its observations also 2001 in case

This proposal, the President of the Republic. He stated that both

consideration of the draft amendment to the electoral law, so when discussing the

the draft amendment to the law on political parties, was a significant part of the debate

at a meeting of the Senate devoted to changes in State funding of political parties

and the political movements, from the vast majority of then proposed, in particular,

reducing the contribution to electoral costs under section 85 the revised

the electoral law in relation to the proposed increase in the contribution to the

the mandate of the Deputy or Senator, pursuant to section 20 (2). 7 in the revised law

on the political side. In the context of the discussion echoed the arguments both for and against

the adoption of the proposed amendments.



The objections raised against the new legislation, State contributions were based on

of the opinion that such legislation disproportionately favors the parliamentary

political parties at the expense of political parties, in particular

the newly emerging, whose economic situation deteriorates to the point that

their ability to assert themselves in the election will be reduced to a minimum. There was

the opinion that the proposed legislation in effect constitutionally

unduly restricts the free competition of political parties

guaranteed in article. 5 of the Constitution and article. 22 of the Charter.



Arguments supporting the adoption of changes in the Government funding of political

the parties were based on the contrary of the opinion that the proposed changes are not such

the character that exceeded the framework of constitutionality.



When making its decision on the draft amendment to the electoral law with the Senate

to the arguments supporting the adoption of the proposed amendments and the draft

the amendment to the electoral law approved by the Chamber in the wording of a transferred him

the Chamber of Deputies. He did so in his resolution No. 396 of June 23. June 2000,

When the present 79 senators voted for the proposal and 38 against 40.



By contrast, the draft amendment to the law on political parties did not accept the

The Senate resolution. During the debate held in 28 days. and 29. June

2000 have been gradually served a proposal submitted by the draft law, the

dwell on design, approval of the proposal and the draft law on the

his refusal. Not one of the proposals was adopted by the Senate.

Because the Senate within the 30-day period on the draft amendment to the Act

on political parties did not comment, in accordance with article. paragraph 46. 3

The adoption of the new Constitution, the expiry of this time limit, i.e., the date the constitutional 6.

July 2000.



Therefore concluded by the Constitutional Court to examine the matter and to

the proposal of the President of the Republic.



The Government of the Czech Republic's Constitutional Court on a challenge to the proposal of the President

He expressed the Republic of 9 September. 1.2001.



The Government of the Czech Republic stated that article. 22 of the Charter provides that the

the legal adjustment of all political rights and freedoms and its interpretation and

the application must allow and protect free competition of political forces

in a democratic society. The President of the Republic, meanwhile, pointed to the

a significant deterioration in the economic situation, and thus the future of electoral

the prospects, in particular newly emerging (i.e. of) political

the parties, which shall prevail in the consciousness of the voters, as evidenced by the qualified

proportion to the number of votes cast. The President of the Republic on December

the increase in contributions to the strengthening of the State based on political parties

support, which goes beyond the article. 20 (2). 4 of the Charter, in accordance with

which political parties are separated from the State.



The Government further pointed out that article. 5 of the Constitution and article. 22 of the Charter speaks of the

equal conditions of free competition of political parties. Free competition

political parties means the prohibition of discrimination or preference

some political parties, ban any leading role some of

them or obstructionist their formation or operation. The Government of the

the Commission noted that the electoral law and the law on political parties that

the equality of conditions, preserve the free competition of political parties the following

the law is not compromised. Any legal entity which satisfies the conditions of the

These laws, according to these laws of certain rights which are

generally, equal for all subjects.



Legal conditions for the acquisition of the rights of the legal entities, in this case

acquisition of financial contributions (i.e. State contribution and the contribution to the

reimbursement of election expenses) political parties, are not in the Democratic

countries in Europe things unusual. It also notes the finding of the Constitutional Court

promulgated under no 243/1999 Coll., on the legal adjustment of the conditions of acquisition

financial contributions to political parties in the context of the

Germany, France, Italy, Denmark, Belgium, or Spain. This finding

also refers to the fact that in the uk, Ireland, the Netherlands or

Portugal is not enacted by the State funding of political parties at all.

Therefore, my Government considers that legislation of this issue in the Czech Republic

completely fits into the European average.



Also, the claim that financial contributions by the

discrimination of the political parties and limits their

the chance of electoral success, it considers deceptive. Proof of this are

the results of the first elections to the regional councils held on 12 June 2006. 11.

2000 and the success of the political parties in them. Another

an example is the electoral success of the freedom Union, the political parties, which

was formed on 22. 1. in 1998, at a time when it seemed difficult to

penetrate into the parliamentary party as a new political entity

forces.



The difficulties with the enforcement of new actors on the political stage

It is related with the interests of the climate rather than with the financial

contributions to the State. The fact is that the success of the political bodies

determine the financial contributions of the State, but the voices of the voters. Bad is

the idea that in the Czech Republic there is dynamics of political forces.

No party is doomed to be "small", but also no

side is not destined to remain a "great".



The Government further States that the free competition of political forces is

a pluralist political system; It has to conform to the statutory

political rights and freedoms. In accordance with this law and must be

freedom interpreted and used to the free competition of political forces

permit. A pluralist political system in the Czech Republic and

discussed the laws of free competition of political forces. The purpose of the

the electoral restrictions of freedom of election contribution is not competition, but

ensure its seriousness. The establishment of conditions for the acquisition is designed to prevent

to avoid such bodies, which while recurring

the activities were directed primarily to the acquisition of State resources. Against the

the payment of the public contribution to all political parties that the election

involved, then even the limited range of State contributions.



As regards article. 20 of the Charter, according to the Government, you can take advantage of the already existing

the finding of the Constitutional Court declared under no 296/1995 Coll., which States that

the Department of State of the parties does not mean that the parties have the nature of private

associations. Our Constitution, as well as most of the European Institute, is based on the

the fact that political parties and political movements are not institutions

public authorities and do not have a public nature, on the other hand, however,

in accordance with the Constitution, certain public-interest tasks necessary for life

State based on representative democracy. In particular, it must be

democratic State (article 1 of the Constitution) also the democratic way, that is. in

the elections, based on a competition of political parties, legitimován. From this

general interest stems and entitled to State implementation of these for the State

the necessary tasks to enable and encourage. It is also the edit

financing of political parties by the State-led effort after partial payment of

the cost of the action, which is in the public interest. The Constitutional Court in the

the justification of its award, however, it has refused the idea, that the State

posts should become an essential source of revenue for political parties.



With regard to these reasons, then, the Government has proposed that the proposal of the President

Republic for annulment of the part of the law on political parties and part of the

the electoral law was rejected.



III.



The Constitutional Court after summary arguments, all of the participants, as resulted from the

in their filing, came to the conclusion that it is necessary to analyze the proposals on

repeal of certain provisions of the law on political parties and the electoral

the law, especially in terms of the principles enshrined in the Constitution and in the Charter.



The soundness of this selected the best procedure resulting from the analysis of the related

section 20 (2). 7 of the law on political parties, where direct State

the financing of political parties. The proposal itself deleted the corresponding

provisions, as a contribution to the mandate or the Senator did not

be provided, but of the argument in this context implies
that objection is directed primarily against the amount of the contribution, which after the amendment is

each year 1 0000 0000 Czk. The determination of the contribution and the amount indisputably belongs to the

the legislative power. Its responsibility is to assess the adequacy of the

resources with regard to the principles laid down by the Constitution. If the opinion of the

The Chamber of deputies of the Parliament of the Czech Republic expressly acknowledges that

cannot be a discretionary power, however, cannot disregard the other also

the constitutional criteria.



In assessing the constitutionality of the contested provisions, i.e., the part of the

that established a post on the mandate or a Senator of

one million CZK per year, could not be put aside from the fact that

financing of political parties is regulated by part i of the electoral law.

The Constitutional Court may set aside the provisions of the third sentence of section 85 election law

governing the contribution for the individual voice, clearly, however, in the grounds of his

the award stated that this post may not restrict the free electoral competition.

But just the summary view and compare the amount of the contribution for the individual

voice with other forms of financing of political parties, in particular in the

This stuff brought the contribution to the mandate or Senator

as well as with the amount of the contribution to the mandate of the regional representatives (which may in

the present case is not in doubt, but you cannot abstract from him),

the Constitutional Court supports the view that there is a clear trend against free

the competition of all political forces, as the increase in the aid of the parliamentary

parties is accompanied by the current limitations of the parties less successful. Arise

so a disproportion with the purpose and objective of the conflicting political parties

from public funds, thus allowing their free competition.



Exploring the distribution of budgetary funds to political parties can be

to demonstrate the situation, when in the elections to the Chamber of Deputies gets

one political party, 2% of the votes cast (suppose 100 000

votes) and the other party 6% (i.e. 300 000 votes). While the first of the parties

gets the for all of the following electoral period from the State only contribution for the

votes (according to an earlier edit 3 millions Czech Crowns), party

the second, with a triple success, gets in the same period approximately 77

million crowns (contribution for the voices of 9 million crowns, the standing of the annual

the contribution of CZK 5 million, for a total of 20 million, and a permanent post on the

mandates that the likely number of twelve seats 12

million crowns a year, for a total of 48 million CZK). The party three times

successful in the elections, therefore, gets over their less successful konkurentce

about pětadvacetinásobný money from the State Treasury.



Justification for the increase in the contribution to the mandate of the 500 000 1 0000 0000 CZK CZK

the opinion of the Chamber of Deputies is contrary to the meaning of the State financial

contribution to political parties. The parties have to be embedded in society,

not in the State. Therefore, the national post has only to facilitate the parties here

the role that the State fulfils its participation in the elections, because the political

will, the resulting from the free electoral competition is based a democratic State.

According to the article. 22 of the Charter of any statutory modification of all political rights and

freedoms must allow and protect free competition of political forces in the

of a democratic society. The diction of "free competition of political forces" puts

the emphasis was on the stage of the process of political competition that precedes the

establishment of the parties achieved positions, especially the emphasis on the

free entry to the political forces of the electoral competition. Free competition

political parties is undoubtedly value, which must give priority to and

the legal arrangements for financing of political parties by the State and which is under the

the protection of the Constitution and the Charter.



The reasoning of the House, however, is moving in the opposite direction. To the question of

the increase in the contribution to the mandate of the Deputy or Senator from 500 USD to 1

0000 0000 Czk generally recognizes that it cannot act on arbitrage

the legislature, however, argues that "the amount of this contribution shall conform to the

the real and reasonable costs of political parties, necessary to ensure the

their activities ". In fact, however, it has to pay the opposite: the amount of this

contribution may not fully correspond to the real just and proportionate costs

political parties, because the real and reasonable costs of political parties

they may not be financially covered by the State, but must have a basis in support of the

Member and voter base.



The reduction in electoral contribution, i.e.. contribution for the individual voice, from $ 90

30 Czk in the amendment to the electoral law, which was defaced the basic

the criterion of State support of political parties, namely, the level of their electoral

the success was in the amendment of the law on political parties is accompanied by an increase in

contribution to the mandate, which were evaluated by the position in the State

formal and occupied and indirectly strengthened the disproportion in the basic

criterion.



The abolition of the parliamentary contribution to the Constitutional Court finding SP. zn. Pl. ÚS

42/2000 of 24 January 2000. January 2001, published under no. 64/2001 Coll. 16 December.

February 2001 established a situation in which they would keep the contribution of one

million CZK for each mandate or a Senator has increased

the existing disproportion. Therefore, the abolition of the contribution to the mandate of

one million CZK, the Constitutional Court also creates space for Parliament

the application of overall new approach to the financing of political parties

State, so that the proportions between subsidies obtained positions and subsidies

success in the electoral contest have changed significantly in favor of a number of awards

votes obtained in the elections.



The present increase in the contribution to the mandate on the part of the 1 0000 0000 Czk

a whole series of measures, which generally points to the financial support of large and

Parliament has already established parties at the expense of small parties. The concentration of the

the financial assistance of the State just for the parties represented in Parliament

limits the economically equal participation parties in the electoral contest (article 5 of the Constitution)

and does not respect the principle of section 20 (2). 4 of the Charter after the separation from the State.

The increase in the contribution limits to the mandate passes the basic criteria of the State

of the aid, namely the number of votes obtained by the parties, and is concentrated in the constitutionally

nepřijatelném the scope of the State financial support to parliamentary activity.



In terms of section 20 (2). 4 of the law on political parties, the application of the

the proposal that has been dropped, the change that was made at the last

the amendment and the return of the original text, according to which political

the Party (or movement) has acquired entitlement to a permanent post, if in one

the election has reached the limit of 3% of the votes cast, i.e., without further

terms and conditions. The amendment, by contrast, brought the condition that the party, which has already

acquired entitlement to a permanent post, but does not exceed the closing clause for

the entrance to the Chamber of Deputies, a post provided for in the electoral law

following the elections.



The fact that the following have been negatively affected by the political parties, which

represent an important fraction of the voters, but the share of the State power

reached and not their rightful voters represent,

their discrimination against the other parties or movements and major

the negative influence of free competition of political parties, as has the

mean article. 5 of the Constitution and article. 22 of the Charter.



Of the total concept of the amendment changes based on the essential intention

strengthen the role of the major parties, which would be after the election could make it easier to create

fixed coalition and promote their programs without taking into account the opinions of the

other parliamentary parties, which lies under the concept of increase

stability in the decision-making power of the legislative and the Executive. However,

increase the stability here may not result in a higher degree of democracy,

But even the weakening of its principles and reduce its efficiency. The Constitutional Court

the assessment of the proposals to repeal laws does not assess in detail

the effectiveness or appropriateness of legal provisions, which shall be reviewed, but deals with the

those that express the values laid down in the Constitution. If it is not respected

free competition of political parties for balanced conditions and if the effort

create different conditions for parties large or larger and shape so

directly or indirectly to political parties with a better or worse position, and therefore

and citizens with different conditions of their movement in the political system,

such steps cannot be described as constitutional. Not forget that

a democratic society is characterized by just free competitions

political parties, whose tenure in the administration of public affairs

derives from the free choice made by the voters.



Finally, the Constitutional Court considered it appropriate to recall and report on

financing of political parties, which expresses the idea of the Venetian

the Commission, the Council of Europe in more than 30 States, which notes that

There are countries where the finances of political parties are based mainly on the

Member contributions and this concept is observed. In the older

democracies are political parties the enormous machine that requires still

considerable staff, large spaces, the increased costs of operation, which

they cannot be covered by the Member, often low, posts. So, Germany

for example. He admits the necessity of public finance expenditure caused by the

the electoral campaigns, but also the cost caused by the daily activities

political parties on condition that the assistance of the State is inversely proportional to the
the financial capacity of each of the parties and is determined by what is necessary for

ensure the proper functioning of the public authorities.



The report of the Venice Commission of the Council of Europe favourably assessed country that weighs

financial assistance from the State parties on their election success, and the revenues from the

Member contributions. In this sense, the formulation of standards for the

the distribution of State contributions. Above all, it is a success, whose party in the

the election for the electorate, the party achieved a further sum of contributions and limited

the extent and scope of the donations that the party received (eg. section 18 of the Act on

political parties in Germany).



The results of the work referred to the Commission directly related to current

legislative issues in the Czech Republic and should not be omitted.



In his summary, as in the present issue of receipt

request the necessary cost of democracy. Its harmonious performance requires

in fact, reduced to a minimum and reduce the expenses of political parties and

at the same time preserve the principle of equality between them, which seems to be often

broken in favour of the majority of the parties that require public subsidies,

because they have received the most seats and the most votes. This, however,

requires to guarantee transparency in the required information and the very

a detailed inspection of the use of the funds received.



The President of the Constitutional Court:



JUDr. Kessler v. r.

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