Czech Militant Democracy in Action

2011 ◽  
Vol 26 (1) ◽  
pp. 33-55 ◽  
Author(s):  
Miroslav Mareš
Keyword(s):  
Human Rights ◽  
Czech Republic ◽  
Political Parties ◽  
Historical Development ◽  
Communist Regime ◽  
The Political ◽  
The Czech Republic ◽  
European Dimension ◽  
European Court ◽  
Legislative Framework

This article analyses the dissolution of the extreme right Workers’ Party by the Czech courts in 2010. It situates the case in the historical development of party closures by militant democracy on Czech territory and explains why the Workers’ Party was the first party to be dissolved in the Czech Republic after the fall of the Communist regime. It also describes the legislative framework in contemporary Czech law for the dissolution of political parties. It details the political and legal repercussions of the ruling and the wider discussions it provoked, not only in political and expert circles but also among the general public. Given the fact that the case was taken to the European Court of Human Rights in Strasbourg, the European dimension of the dissolution of the Workers’ Party is also analysed.

It Takes a Village to Implement a Judgment: Creating a Forum for Multi-Stakeholder Involvement in the Czech Republic

2020 ◽  
Vol 12 (1) ◽  
pp. 193-198
Author(s):  
Vít Alexander Schorm
Keyword(s):  
Human Rights ◽  
Czech Republic ◽  
Stakeholder Involvement ◽  
The Czech Republic ◽  
European Court ◽  
National Implementation ◽  
Protection Of Human Rights ◽  
The Government ◽  
Multi Stakeholder

Abstract In this practice note, the Government Agent of the Czech Republic before the European Court of Human Rights and other international bodies for the protection of human rights reflects on national implementation, with the help of selected examples.

scholarly journals An evolving conception of discrimination in Europe

2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Simone Abel
Keyword(s):  
Human Rights ◽  
Czech Republic ◽  
Ethnic Origin ◽  
European Convention ◽  
The Czech Republic ◽  
Segregated Schools ◽  
South Wales ◽  
European Court ◽  
Indirect Discrimination ◽  
Grand Chamber

CESAA 19th ANNUAL EUROPE ESSAY COMPETITION 2011 - Postgraduate winner: Simone Abel (University of New South Wales)In 2007, the European Court of Human Rights’ Grand Chamber handed down its judgment in DH and Others v Czech Republic. The case arose out of the disproportionately high number of Roma children assigned places in segregated schools for children with intellectual disabilities in the Czech Republic. It was alleged that this practice discriminated against Roma children who had normal, or even above normal, intelligence levels. The applicants claimed that they had been discriminated against in the enjoyment of their right to education on account of their race or ethnic origin  TheCourt made a finding of indirect discrimination against the Czech government. Commentators have hailed this as a landmark judgment that expands the conception of discrimination under the European Convention on Human Rights. This paper will discuss how this finding differs from the First Chamber’s judgment and other ECHR caselaw to alter the conception of discrimination under the European Convention on Human Rights.

6 Responsibility, 6.4 Admissibility of the Application by Vlastimir and Borka Banković, Živana Stojanović, Mirjana Stoimenovski, Dragana Koksimović, and Dragan Suković against Belgium, the Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, The Netherlands, Norway, Poland, Portugal, Spain, Turkey, and the United Kingdom , European Court of Human Rights, Grand Chamber Decision, [2001]

2016 ◽  
Author(s):  
Scovazzi Tullio
Keyword(s):  
Human Rights ◽  
Czech Republic ◽  
The Netherlands ◽  
Radio Station ◽  
European Convention ◽  
Right To Life ◽  
The Czech Republic ◽  
The United Kingdom ◽  
European Court ◽  
Grand Chamber

The Bankovic case is one of few cases in which the European Court of Human Rights took a position that, without an acceptable explanation, restricts the application of rights granted by the European Convention on Human Rights. The application was submitted by individuals who put forward that in 1999 seventeen states parties violated art. 2 (right to life) of the Convention by bombing by aircraft the television and radio station in Belgrade. As a consequence of this NATO directed operation sixteen civilians were killed and another sixteen were seriously injured. The Court found that it had no jurisdiction to entertain the case, as at that time Yugoslavia was not a party to the Convention. The Court gave a too restrictive interpretation of the word ‘jurisdiction’ to basically conclude that the Convention applies only within the territory of states parties. The Bankovic decision has been contradicted by subsequent judgments.

scholarly journals Krajské zriadenie v ČR a jeho vplyv na región Moravy

2020 ◽  
pp. 234-245
Author(s):  
Matúš Meluš
Keyword(s):  
Czech Republic ◽  
Political Parties ◽  
Historical Development ◽  
Local Level ◽  
Specific Region ◽  
The Other ◽  
Regional Organization ◽  
The Czech Republic ◽  
Other Hand ◽  
Development Perspective

Moravia is one of the historical regions of the Czech Republic and its center is currently Brno. It is located in the eastern part of the country and some enclaves are also in Silesia or Slovakia. I aim to research the administrative status of this specific region in terms of history, geography, culture or language. As in Slovakia, the regional organization is problematic in the Czech conditions and these aspects are not taken into account. This contribution tries to bring the view from the constitutional and historical development perspective. The requirements of Moravians were not solved by the establishment of the regional units in 2000. On the other hand, current autonomous tendencies are not so strong as in the 1990s. The aim is also to analyze the development of the whole region and to define the views of political parties at national and local level through analyzing, comparison and synthesis.

D.H. and Others v. Czech Republic: a major set-back for the development of non-discrimination norms in Europe

2006 ◽  
Vol 7 (4) ◽  
pp. 421-431 ◽  
Author(s):  
Morag Goodwin
Keyword(s):  
Human Rights ◽  
Czech Republic ◽  
Eastern Europe ◽  
Racial Discrimination ◽  
Central And Eastern Europe ◽  
Racial Segregation ◽  
Special Schools ◽  
The Czech Republic ◽  
European Court ◽  
Centre Piece

On 7 February 2006, a chamber of the European Court of Human Rights gave judgment in the much awaited ‘Ostrava case’, which challenged the placing of disproportionate numbers of Romani children in ‘special schools’ for the learning impaired in the Czech Republic. This practice, widespread across Central and Eastern Europe, amounts in effect to racial segregation and denies Romani children access to a standard of education comparable to their non-Romani peers. The Ostrava case, taking eight months to assemble and seven years to reach judgment day in Strasbourg, represented the centre-piece of the litigation strategy of the Romani rights movement. The decision of the Strasbourg Court to ignore the evidence of indirect racial discrimination by a 6-1 majority represents not only a setback for those working for the improvement of the situation of the Roma – widely acknowledged as the most disadvantaged, discriminated and marginalised group in Europe – but also for the crystallisation of non-discrimination norms in Europe.

The Czech Republic: The Military and Politics

2021 ◽  
Author(s):  
Zdeněk Kříž ◽  
Oldřich Krpec
Keyword(s):  
Czech Republic ◽  
Soviet Union ◽  
Communist Regime ◽  
Political Regime ◽  
The Political ◽  
Civilian Control ◽  
Political Regimes ◽  
The Czech Republic ◽  
Democratic State ◽  
The Military

The states that existed historically in what is now the Czech Republic were characterized by frequent changes of political regime, and these changes were substantially reflected in the military. Every political regime successfully avoided a military putsch despite that regime changes and international crises opened several windows of opportunity for considering open military interference (including military coups) in politics. All of the political regimes ruling in the Czech lands sought to make the military a mirror of the civilian state and society, applying what Samuel Huntington calls subjective civilian control. Military institutions were adapted to the ruling political regime as much as possible with the aim of securing their political loyalty. Values typical of each regime were implemented in the military. In the period of 1918–1938, for example, soldiers were expected to be politically conscious citizens of a democratic state. After 1948, the communist regime devoted considerable effort to transforming soldiers into obedient members of the socialist society, faithful to Marxism-Leninism and the Soviet Union. Later on, after 1989, the civic concept of the military was again emphasized, with the identification of soldiers with democratic and patriotic values considered an ideal. All the political regimes operating on the territory of today’s Czech Republic were successful in that the military as an institution has not interfered in politics and has been consistently loyal.

Das tschechische Parlament in der Pandemie: Zum Krisenmanagement einer Minderheitsregierung

2021 ◽  
Vol 52 (4) ◽  
pp. 860-877
Author(s):  
David Jágr
Keyword(s):  
Czech Republic ◽  
Political Parties ◽  
Party System ◽  
Ad Hoc ◽  
Global Financial Crisis ◽  
The Political ◽  
The Czech Republic ◽  
Political Actors ◽  
Political Approach ◽  
The Global Financial Crisis

The pandemic crisis occurred while illiberal populist leaders governed in Central and East­ern Europe . The Czech Republic was faced with a simultaneous crisis of political parties and the transformation of its party system . The onset of these trends was triggered by the global financial crisis during which the established parties were weakened and the way to parliaments and governments was opened for populists parties . The fight against the pandemic brought changes to the functioning of parliaments and the need for parliamentary adaptations . The Czech case is the least likely of government dominance in a pandemic . Due to the weakness of the minority cabinet and the unprecedented fragmented Chamber of Deputies, the cabinet had to opt for temporary ad hoc alliances with different parties . Over the course of the pandemic, the political actors changed their political approach from cooperation to conflict, leading to government instability and the failure to effectively con­trol the spread of the pandemic, with the Czech Republic becoming one of the worst affect­ed countries in the world .

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