Court Rulings Uphold Controversial Election Tactics, Spark Calls for Legislative Reform
Prague, Czech Republic – Recent rulings by regional courts across the Czech Republic have allowed candidate lists utilizing arguably circumventive coalition tactics to remain registered for the upcoming elections, despite objections from competing parties.Legal expert Gor Vartazaryan of charles University’s Faculty of Law argues the courts are correct in their decisions – that the practice, while potentially illogical, isn’t illegal – but stresses the need for legislators to address a loophole in current election law.
The courts have dismissed lawsuits challenging the registration of lists from parties including SPD, Pirates, and a grouping in Brno, even acknowledging the latter was a “non-admitted coalition.” Vartazaryan explained in an interview for Spotlight Elections 2025, “The situation that has occurred is neither illegal nor unconstitutional. Thus,the conclusions of the courts are in line with what we think and are welcome.”
Though, he emphasized the courts’ role is not to legislate. “Just because something seems illogical or incorrect, it does not mean that it is illegal or unconstitutional. This is not the role of courts, but a legislator who must change the legislation,” Vartazaryan stated.He suggested courts would be more consistent if they simply rejected proposals without referencing the circumvention of the law.
The courts have frequently cited the need for “legal certainty and predictability” in the election process as justification for their decisions, a point Vartazaryan acknowledges as key, given the decades-long history of these tactics in Czech politics.
To address the issue, Vartazaryan, along with colleague Filip Horák, has proposed a revised definition of election coalitions. “the current regulation is based on a free act of political entities to apply as a coalition. We want to change this to the obligation – if more parties are on the candidate, it must be a coalition,” he explained.
This change,he argues,would prevent scenarios where a technically non-compliant coalition avoids the 5% threshold while individual parties within it might not have reached it independently. He specifically cited a potential outcome where a non-admitted coalition succeeds while the Pirate Party and Green Group would be excluded with onyl 5% of the vote.
While acknowledging concerns about public trust in the election process, Vartazaryan believes the long-standing practice hasn’t fundamentally disrupted the system. However, he warned, “Therefore, it is important to solve this problem as soon as possible,” to avoid unfair advantages for non-admitted coalitions.
The full interview is available in video format and on podcast applications through Aktualne.cz.
