24 Januar 2023
The many troubles of the Fedotova judgment
On 17 January 2023, the Grand Chamber of the European Court of Human Rights ruled in Fedotova v Russia that the absence of any legal recognition and protection for same-sex couples amounts to a violation of Art. 8 of the Convention. For 30 Member States of the Council of Europe (CoE), this judgment changes nothing since their legal orders already allow same-sex couples to enter into marriage or into other forms of legally recognised relationships. For the remaining countries, however, the Fedotova judgment amounts to an external judicial pressure to change their legal landscape in a politically very sensitive area of LGBT+ rights. Fedotova is probably the most political judgment of all times. Continue reading >>
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19 Oktober 2022
Sex, God, and Blasphemy
Blasphemy used to be a grave offence once. Now, it is on the decline, making room for freedom of expression. Yet, two judgments of last week show that blasphemy has managed to re-enter the stage through the back door. In this blogpost, I argue that although both cases ended well, i.e. were decided in favour of freedom of expression of artists and activists, both courts erred in their assessment of the role of religion and religious sentiment in European secular democracies. Continue reading >>
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06 April 2022
Evasive, Insensitive, Ignorant, and Political
Czech law stipulates that a trans person who seeks gender reassignment must undergo surgery “while simultaneously disabling the reproductive function and transforming the genitalia.” Although a majority of judges of the Czech Constitutional Court agreed that this requirement is clearly unconstitutional, the provision has nevertheless withstood constitutional scrutiny and remains part of the Czech legal order. Continue reading >>
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04 Februar 2022
The Taming of the Czech Executive
On Wednesday, 2/2/2022, the Czech Supreme Administrative Court quashed an executive measure imposing the so-called “2G rule” (geimpft/genesen, i.e. vaccinated/recovered) on selected service providers, most importantly restaurants and hotels. While the vocal opponents of vaccination celebrate the ruling and refer to the judiciary as ‘the last bastion of freedom’, there was some major misrepresentation of what the SAC has (not) established in this very viral judgment. The executive measure under review was not quashed because ‘the state must not force people into voluntary vaccination’, nor because ‘kicking the unvaccinated out of pubs is illegal and must stop’. Since the only legal argument for quashing the measure was the lack of competence of the Ministry of Health, it seems like there was much ado about nothing. Continue reading >>
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11 Oktober 2021
Post-Electoral Changes in Czechia with a Hospitalised Head of State
The Czech Republic held parliamentary elections this past weekend, on 8 and 9 October 2021. The party of the incumbent Prime Minister Andrej Babiš was defeated, albeit by a small margin, and for the first time in its history, the country will most likely be led by a government composed of no less than five political entities. Constitutionally (and traditionally), the President of the Republic moderates the post-electoral negotiations between the parties, convenes the first meeting of the newly established Chamber of Deputies, and appoints the new Prime Minister and the government. However, President Miloš Zeman was taken to hospital yesterday, on the day after the general elections, and remains hospitalised at an intensive care unit. Could the President’s illness at this very crucial moment cause a constitutional stalemate? Continue reading >>12 April 2021
Is Compulsory Vaccination Compulsory?
On Thursday 8 April 2021, the European Court of Human Rights delivered its judgment in Vavřička and others v. the Czech Republic. The Grand Chamber ruled strongly (16:1) in favour of the Czech government, granting the state a wide margin of appreciation in the assessment of the need for compulsory vaccination of children. In light of the COVID-related challenges, it is important that the Court took a clear stance regarding the importance of vaccination. At the same time, however, it is regrettable that the Court did not offer a stronger and more coherent reasoning justifying its value-driven decision. Continue reading >>
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30 März 2021
Czechs and Balances – One Year Later
This blogpost analyses the Czech situation from the perspective of the rule of law requirements and identifies two main deficiencies: a significant and long-lasting shift of power to the executive, and an ostentatious lack of reasoning of the executive crisis measures. Fortunately, these ‘two tales of executive arrogance’ have been somewhat counterweighed by the legislature and the judiciary. Continue reading >>
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20 Mai 2020