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amended, is repealed on the date of publication of this finding in the collection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