Czech Constitutional Court Strikes Down Lex Babiš II

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Translation

The Constitutional Court of the Czech Republic annulled part of the "Lex Babiš II" law due to an improper process during its approval. The legislation aimed to restrict media ownership by politicians and the receipt of subsidies. Some sections of the law were incorrectly added to an unrelated bill. The decision restores the previous legal framework and highlights the importance of correct legislative procedures.

Exercise: Text comprehension

Question 1: What was the purpose of the Lex Babiš II law?

The Lex Babiš II law aimed to limit the ownership of media by politicians and the acceptance of subsidies.

Question 2: Why did the Constitutional Court of the Czech Republic strike down part of the Lex Babiš II law?

The Court struck down part of the law due to an incorrect procedure in its approval process.

Exercise: Vocabulary

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▌11/12/2024

In a significant ruling, the Czech Constitutional Court has annulled key provisions of the controversial "Lex Babiš II" law, citing procedural missteps in its legislative process. The law aimed to tighten the rules on media ownership by politicians and the acceptance of subsidies by government members and their firms. However, parts of the legislation were deemed to have been added improperly as "legislative riders"—amendments unrelated to the original bill's subject.

The changes introduced by Pirate Party MP Jakub Michálek included stricter regulations on the media ownership and subsidy acceptance for government-linked businesses. These amendments were introduced just before the end of the second reading of a bill unrelated to media ownership, rendering them unconstitutional due to their lack of relevance to the original bill's purpose.

The court's decision means a return to the previous, more lenient legal framework concerning conflicts of interest, specifically the part that did not address actual media ownership by politicians. This reversal underscores previous reservations the court has held about legislative practices, emphasizing a consistent approach to procedural correctness in law-making.

Defending his actions, Michálek acknowledged his strategy aimed at circumventing potential opposition tactics from the ANO movement, led by Andrej Babiš, whom the legislation significantly affected. Although thwarted in this instance, Michálek indicated plans to reintroduce the legislation with the hopes of securing broader support and addressing the procedural concerns highlighted by the court.

Czech Constitutional Court Strikes Down Lex Babiš II (Illustration)

The ANO movement and its proponents welcomed the ruling, suggesting it reinforces the importance of transparency and consistency in the legislative process. Alena Schillerová, speaking for ANO, argued against surprise maneuvers in the legislation, asserting that these undermine the democratic process.

Josef Baxa, the court's chairman, highlighted the importance of maintaining trust in the legislative procedure, noting that while the decision might appear as a victory for some, it should serve as guidance for both ruling and opposition parties. He stressed that anyone shaping the rules should also abide by them, emphasizing the court's role in safeguarding constitutional principles rather than interfering in political disputes.

The decision was not without controversy within the court itself, with a minority of six judges expressing dissent, arguing that the majority's stance might undermine the court's consistency in future rulings. These judges felt that the necessity of checking the concentration of power in the media should compel a more considerate take on the utility and limits of legislative riders.

Despite this reversal, the future trajectory of similar legislative reforms remains uncertain as politicians, like Michálek, gear up for potential renewed debates in parliament. The court's decision underscores a critical moment for Czech legislative practices, reaffirming the need for clarity and coherence in law-making processes.

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