Important decision
The Constitutional Court has rejected a proposal by the non-parliamentary Communist Party of Czechoslovakia (KSČ) to repeal a part of the Criminal Code that will explicitly allow the promotion of communism to be punished from 1 January 2026. The court did not consider the party’s motion at all – it rejected it on the grounds that the petitioner had no standing, i.e. on the grounds that a political party cannot file such a motion.
The Communist Party of Czechoslovakia symbolically submitted the proposal on 17 November, describing the amendment as a discriminatory infringement on freedom of expression and political rights. In particular, it criticised the fact that the section on the criminal offence of founding, supporting and promoting a movement aimed at suppressing human rights and freedoms would now explicitly name Nazi and communist movements. As of 1 January 2026, the wording provides for a penalty of up to five years in prison for “whoever establishes, supports or promotes a Nazi, Communist or other movement” of this type; the Communist Party proposed deleting the words “or” and “communist”. The amendment has long been rejected by the KSČM, which calls it purposive and discriminatory.
However, the Constitutional Court recalled that only the President of the Republic, groups of deputies or senators and, under specific conditions, courts or other entities – not political parties as such – have active legitimacy to file a motion to repeal the law, according to the Constitutional Court Act.
The Communist Party’s motion therefore “fell under the table” purely on procedural grounds, without the court making any comment on the actual constitutionality of the new ban on the promotion of communism. But the practical implication is clear: if anyone wants to open constitutional review of this regulation, they must do so through one of the constitutionally eligible petitioners – the political party itself will not advance this by its filing.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
