CZECH REPUBLIC By Glopolis, with the support of the Association for International Affairs (AMO) and NGO Information Portal Svet neziskovek1 ...
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European Civic Forum response to the
2022 European Commission stakeholder consultation
on rule of law in the European Union
CZECH REPUBLIC
By Glopolis, with the support of the Association for International
Affairs (AMO) and NGO Information Portal Svet neziskovek1
Summary:
In the first half of 2021, the Czech Republic was hit hard by Covid-19 and had one of the longest
lockdowns. The Czech government implemented anti-Covid-19 measures in an unpredictable and
unjustified way, often violating the rule of law - the most prominent being the declaration of the new
state of emergency in mid-February, despite the disapproval by the Chamber of Deputies. Besides the
Covid-19 crisis, the country has been gradually facing multiple crises that challenged the political
representatives and state administration to make informed and effective decisions, impacting the
economic and societal environment. The independence of state administration from political
pressure has been persistently weakened, decreasing the quality of its performance by politicians
trying to impose political responsibility on civil servants. The unusually early announcement of the
2021 parliamentary elections by the President already in 2020 also led to a protracted election
campaign that further politicised the state administration. Over the last year, the independence of
Justice, Secret Services and media has been under pressure by members of former Andrej Babiš’s
government posing challenges to the rule of law and civic space. An additional challenge is the
increased fragmentation of society due to the polarising vaccination policies and narratives
exploited by anti-rights groups for political gains.
The general regulatory framework to enjoy freedom of association, expression and assembly is set
and implemented fairly. Nevertheless, the bureaucratic and administrative burden for CSOs to
apply and administer for public funding is still high. This is particularly demanding in the case of
smaller organisations and those working in social services. While the new ‘Pandemic Act’ did not
directly limit freedom of assembly or expression, the anti-Covid-19 measures did, in practice, affect
the freedom of assembly, particularly the unlawful lockdown at the end of February 2021. The
unpredictability of constantly changing governmental decrees was also an obstacle that practically
eliminated courts' possibility of protection. Regarding the sector's economic viability, the state budget
allocations (i.e., those not channelled from the EU funds) for 2022 NGO programmes show that the
1
This document shall not be considered as a joint policy or other statement of the named or involved organisations,
but rather an aggregated summary from various sources put together in a short deadline period with the best
intention to share the best knowledge that the participating parties had at that time. The document was elaborated
by the Czech non-governmental organisation Glopolis that is acting as a backbone organisation of NeoN (Network
of Networks) with the great contribution of Association for International Affairs (AMO) and NGO info portal “Svet
neziskovek”. NeoN (Network of Networks) is an informal network of - originally 12 - and lately 18 networks,
providing a vibrant infrastructure for collaboration to reactively defend and proactively cultivate a democratic and
civic space. NeoN strives for a sustainable society where comprehensive, collective responses to the challenges are
sought and implemented, the rule of law is observed, and public institutions are supportive of active citizens (see
more in NeoN Charter). The involved networks (mostly advocacy umbrellas, but also less formal platforms and
working groups) together represent more than 400 Czech based CSOs and thousands of activists. Their thematic
focus includes democracy, transparency, open data, anti-corruption, media independence, gender equality, children
and youth, inclusive education, international development and human rights abroad, migration, LGBT, environment
and climate change, local development, constituency building, communication towards the public, and more.
1European Civic Forum response to the
2022 European Commission stakeholder consultation
on rule of law in the European Union
human rights and non-social service agenda stays at the margin of the state funding. The
Covid-19 pandemic impacted funding too. The government did not implement any specific measure
to support the civic sector, but economic programmes are open to most registered entities, without
distinction between business and CSOs. Also, the National Recovery and Resilience Plan does not
provide any financial measures for supporting civil society specifically. Despite the challenging
environment created by the Covid-19 pandemic and related restrictions, the Czech civil society proved
capable of delivering help and support to the citizens, including the elderly, the ill and other
disadvantaged and vulnerable people, and collected an unprecedentedly huge donations to quickly
respond to the impacts of the tornado in Moravia in Summer 2021. The huge support of public was
in contrast to the public polls figures showing a decreasing public trust in NGOs. Additionally, the
Czech civil society has played an active role in the rule of law landscape, including by exposing the
conflict of interest of the former Prime Minister Babiš, calling out the abuses and anti-rights
narratives of the Ombudsperson and taking part in the preparation of policies regarding the right to
participation to ensure a transparent and inclusive law-making process. A new Strategy of
cooperation between the state and NGOs 2021-2030 outlines the state’s goals and measures to
improve the recognition of CSOs, support for enabling climate for CSO activities, participation in
public decision-making and partnership, legal environment and financing. The effective
implementation of this strategy will need to confirm the positive developments in the coming period.
To date, efforts to introduce some participatory elements in the process are rather patchy and lack
more sustainable political support. Thus, they are not always meaningfully reflected in the outcomes
of the decision making.
The situation of advocacy CSOs has worsened over the last couple of years, as these organisations
are often given the label of ‘political NGOs’ or ‘eco-terrorists’ when they engage in the public debate,
and are to some degree sidelined from the decision-making process or refused funding from the
public authorities. This has been the case also for environmental NGOs, as well as watchdog
organisations. Since 2020, the anti-corruption organisations and activists had particularly been
targeted by smear campaign especially by the former Prime Minister Babiš due to CSOs’ consistent
criticism for conflict-of-interest cases involving Babiš. Transparency International (TI) sued Babiš for
almost twenty statements that the former Prime Minister claimed against the organisation since
2020: among other things, Babiš stated that TI is a “corrupt, dubious and absolutely untrustworthy
non-profit”. In July 2021, the Regional Court in Prague ruled that Babiš does not have to apologise to
TI because - according to the judge - what he said could not be considered a factual statement since
Babiš made the vast majority of the incriminated statements using the wording “in my opinion”. In
summer 2021, the tensions between Babiš and anti-corruption organisations were exacerbated when
the European Parliament passed a resolution on the conflict of interests of the former Czech prime
minister’s engagement in the future EU Multiannual Financial Framework 2021-27. During the 2021
parliamentary elections campaigns, harsh rhetoric and negative discourse on NGOs by populist
and far-right parties in the Czech political landscape, as well as by parts of the former government,
became more visible.
2European Civic Forum response to the
2022 European Commission stakeholder consultation
on rule of law in the European Union
Institutional landscape and mobilised quickly4 to collectively call on the
government, deputies and senators to
safe space (including state duty remedy this illegal situation. Due to
to protect and right to freedom procedural limits, the Constitutional Court did
from fear) not cancel the declaration;5 however, the
Court did confirm that the government cannot
In the first half of 2021, the Czech Republic go against the decision of the Chamber of
was hit hard by Covid-192 and had one of the Deputies and declare the state of emergency
longest lockdowns. Besides the Covid-19 only based on the request of regional
pandemic, the country has been gradually governors.
facing multiple crises, with impact on the
economic and societal environment, such as: The experts on state administration observed
the increasing state indebtedness, state that the Covid-19 pandemic tested the quality
budget deficit and unsustainable state of of the state administration and its ability to
public finance3 (due to Covid-19 function in crisis situations effectively - and
compensations policy, but also to the they concluded that it failed.6 Even after many
government’s populist decisions about months of the pandemic, the state
taxation); the energy crisis (the increase of administration’s reactions were late, very
electricity and gas prices caused the collapse often not legal, uncoordinated or
of energy supplying companies, followed by unexplained, lacking any strategic dimension.
about 900,000 people being left all of the One of the reasons for this situation has been
sudden to deal with unpredictable and the dependency of the state administration
unbearable costs of the energy supplies); and on weak political leadership. The
increasing inflation and pricing that is only to establishment of the position of Deputy
show its effects on the economy and people in Minister for the state service in the Ministry of
the coming year. The economic challenges Interior did not solve any of these problems of
also shake the trust of society in institutions politicisation.
and democracy. The independence of state administration
from political pressure has been persistently
Functioning of the state institutions
weakened, decreasing the quality of its
The Czech government implemented anti- performance government politicians’ trying to
Covid-19 measures in an unpredictable and impose political responsibility on civil
unjustified way, often violating the rule of law. servants.
The most prominent case was the declaration
of the new state of emergency in mid- The conflict of interest of former Prime
Minister Andrej Babiš was directly confronted
February, in spite of the disapproval by the
Chamber of Deputies. Many experts on by the European Commission, which
published the final results of a years-long
constitutional law identified that as an
audit process of EU subsidies granted to the
unconstitutional step, and the NGO sector
Agrofert agricultural conglomerate that Babiš
2 5
https://www.irozhlas.cz/zpravy-domov/ustavni-
https://ourworldindata.org/coronavirus/country/czec soud-zamitl-zadost-senatoru-unor-nouzovy-
h-republic stav_2103251028_btk
3 6
https://unrr.cz/en/report-on-the-long-term-
sustainability-of-public-finances-summary/ https://ochranademokracie.s3.amazonaws.com/ochr
4
anademokracie/production/files/2021/10/21/16/22/4
https://www.ochranademokracie.cz/aktuality/cerven 2/77d785ce-9384-4748-9f0c-
a-vyzva-vyhlaseni-nouzoveho-stavu-je-v-rozporu-s- 973d9dd6d314/report_08_2021_var-1.pdf
ustavnim-poradkem-cr
1European Civic Forum response to the
2022 European Commission stakeholder consultation
on rule of law in the European Union
founded.7 It concluded he still controlled the warehouse in Vrbětice was made
business and the disbursement of the public and in which were involved
subsidies, despite having put his assets into Russian agents. President Zeman, for
trusts. The European Parliament later voted to example, declared during a televised
condemn Czech Prime Minister Andrej Babiš interview in August 2021 that the
for conflicts of interest regarding EU subsidies acting BIS chief Michal Koudelka “not
paid to Agrofert.8 only allegedly ordered the wiretapping of
the president’s economic adviser but also
The unusually early announcement of the
of others in president’s inner circle – and
2021 parliamentary elections by the President
without cause”.10
Miloš Zeman already in 2020 also led to a
protracted electoral campaign that further The Ombudsperson
politicised the state administration.
Over the years, the Public Defender of Rights
Independence of Justice and Secret Office gained the trust of vulnerable groups,
Services helped many Czech citizens and won the
respect of the state apparatus under the
The year 2021 showed some worrying
leadership of its previous Ombudspersons.
episodes by members of the government
However, since 2020, with the new leadership
towards the independence of Justice and
of Stanislav Křeček as the Ombudsperson, the
Secret Services.
Office has been accompanied by controversy,
Ø The pressure of the Minister of Justice mainly due to Křeček’s own statements and
Marie Benešová led to the resignation public proclamations. NGOs and civic groups
of the Prosecutor General Pavel operating in the field of human rights warned
Zeman at the end of June 2021. Zeman about the deterioration of the trust of citizens
claimed to “not to be able to carry out in the institution and have organised petitions
the duties properly”. The experts of the for his resignation in 2020,11 collecting more
constitutional system observed that than 5000 signatures.
the relation of the Minister of Justice
Křeček’s views the Ombudsperson office in an
with the ex-Prosecutor General
absolutist way (“The Ombudsperson's position is
illustrated a more general problem of
what I think!”)12 and does not allow for a
disrespecting the spirit of the
pluralistic exchange of views; he refuses to
Constitution9 and the principles of the
respond to claims of breaching of human
rule of law by the former government.
rights only based on his own discretion; and
Ø President Miloš Zeman has continued
he is often in opposition to the Office Deputy
his efforts to discredit the Czech Secret
Monika Šimunková, staff and professionals
Services (BIS), which intensified after
(see the open letter).13
the case of explosion of ammunition
7 10
https://english.radio.cz/mps-hear-bis-spymaster-
https://ec.europa.eu/regional_policy/sources/docoffi over-president-zemans-wiretapping-claims-8726568
11
c/official/reports/cz_functioning_report/cz_functionin
g_report_en.pdf https://www.petice.com/odstoupeni_ombudsmana_k
8
https://www.politico.eu/article/european- recka_odmita_pracovat
12
parliament-andrej-babis-subsidies-agrofert/ https://www.respekt.cz/rozhovor/stanovisko-
9
ombudsmana-je-to-co-si-pomyslim-porody-se-setrit-
https://ochranademokracie.s3.amazonaws.com/ochr nebudou-a-tecka
13
anademokracie/production/files/2021/12/03/15/55/3
5/3d4162ee-919d-40fb-a0d1- https://www.scribd.com/document/456371546/Otev
34578b7e6540/report_10_2021.pdf %C5%99en%C3%BD-dopis-ve%C5%99ejnemu-
ochranci-prav#from_embed
2European Civic Forum response to the
2022 European Commission stakeholder consultation
on rule of law in the European Union
In 2021, representatives of 16 pro-Roma and increased the political pressure on the Czech
human rights organisations addressed14 the TV. Between 2020 and 2021, the Council
then Prime Minister Andrej Babiš and member Hana Lipovská led several attempts
deputies to distance themselves from the to enforce a resolution that could later lead to
statements of the Ombudsperson Křeček on the dismissal of the Czech Television Director
the Roma community. The Ombudsperson's General Petr Dvořák due to alleged conflicts of
statements reinforce anti-Roma prejudices, interest. The situation around the CTV was
inciting hatred and disparaging his office. developing dynamically mainly around the
Křeček’s public proclamations also target spring 2021 election which were decisive for
LGBTI+ community, migrants and other whether all the problematic new candidates
minorities. Linda Sokačová from Amnesty for the CTV Council would be elected by the
International15 warned that if this Office does Chamber of Deputies and would create a
not work through the prism of human rights majority in the Council and therefore also
but based on private opinions, it could turn make the dismissal of Director General Petr
against the rights of other social categories, Dvořák possible. Few parliamentarians from
such as seniors or people with disabilities, for the democratic opposition were therefore
whom this office plays a big role. trying to postpone the elections. In September
2021, Lipovská was removed from her
The independence of public media
position by the Chamber of Deputies,17 as she
Out of 180 countries, Czechia was ranked 40th refused to step down herself. The reason was
in the 2021 World Press Freedom Index.16 The her alleged violation of the Act on Czech
Reporters Without Borders report mentions Television and the loss of independence
the challenges faced by Czech journalists, referred to in this Act, since Lipovská was
including endangerment of public running in the October 2021 parliamentary
broadcasting by the policy of controlling elections for the Free Bloc group (the
supervisory authorities, hateful online extremist far-right party).
campaigns or so-called ‘alternative’ media.
The European Broadcasting Union, in a letter
Distrust in the media is also fuelled by the
to the Prime Minister and the Minister of
sharp rhetoric of President Miloš Zeman and
Culture, also raised concern that the national
a number of other former government
broadcaster Česká Televize (CT) has
officials. The concentration of media power in
increasingly been exposed to political
the hands of the oligarchs is also problematic.
pressure with the government trying to
During the first half of 2021, the critical shortlist pro-government candidates for the
battleground was mainly the Czech Television broadcaster’s governing council. This move
Council, which oversees the activities of Czech was aimed at ensuring favourable reporting
Television. Within 2020, the Chamber of on the government's campaign during the
Deputies of the Czech Parliament appointed general election, which took place in October
many controversial personalities in CTV 2021.18
Council. The newly composed Council
14 16
https://rsf.org/en/czech-
http://www.romea.cz/cz/zpravodajstvi/domaci/protir republic?fbclid=IwAR0YzXjfPJC8x7E73hHQYMblXRcd7
omske-vyroky-ombudsmana-krecka-organizace-pisi- K18DA4xVNTJL7jLSeJvjkJiZyVlBl4
17
babisovi-a-snemovne-vyroky-ombudsmana-jsou- https://www.irozhlas.cz/zpravy-domov/hana-
nepravdive-a lipovska-snemovna-rada-ct-lubomir-volny-volny-
15
https://www.irozhlas.cz/zivotni- blok_2109171543_ere
18
styl/spolecnost/amnesty-international-sokacova- https://www.ebu.ch/news/2021/04/public-service-
ombudsman-prava-romove_2109171807_tzr media-in-the-czech-republic-under-threat
3European Civic Forum response to the
2022 European Commission stakeholder consultation
on rule of law in the European Union
A similar appeal was later noted by the Global Furthermore, some populist, nationalist or
Task Force for public media19 (GTF), Eurosceptic groups have taken advantage of
concerned by the risks undermining the the polarisation around vaccination for their
independence of Czech TV and its vital role in political agenda.
the country’s democracy.
Freedom and Direct Democracy Party (Czech
General social atmosphere abbreviation ‘SPD’) has been a parliamentary
party since the last elections. This political
The year 2021 saw a new, growing
party has also been repeatedly identified by
polarisation between pro-vaccination and
the Ministry of Interior Report on extremism25
anti-vaccination stances in the public
and prejudiced hatred in the Czech Republic
discourse.20 Legitimate worries regarding the
as the most important group with the
vaccine and the inability of the political
dominant “xenophobic and sharply nationalist
leadership to deal with the crisis are conflated
elements” in 2020. According to the report, the
into an ‘anti-vax camp’.21 The sense of
extremist scene and groups whose central
unfairness and anger among citizens was also
theme is the spread of xenophobic ideas were
fuelled by the miscommunication in the public
affected by the Covid-19 pandemic: the
space (partly also done by the governmental
supporters of these entities often criticised
officials), calling the new wave of Covid-19 as
government measures against the spread of
the “wave of the unvaccinated”. This sense of
coronavirus and adopted misinformation and
discrimination feeds the polarisation.
conspiracy theories. These extremist groups
Moreover, this situation was exacerbated by
spread internally hateful ideas against
the ineffectiveness of the former Czech
migrants and Muslims, especially in the first
government in the management of the crisis.
half of 2021 when they were referred to as
In February 2021, the trust hit a historical low
“carriers of Covid-19”. Hate attacks also
point: only 25% of the population declared to
targeted political opponents, civic activists
trust22 the government to handle the crisis
and journalists, as well as Roma people and
well.
foreign workers.
According to a survey conducted by STEM
Yet, the polarisation around the Covid-19
Institute from March 2021, up to 40% of Czech
vaccine is part of broader fragmentation
citizens using the internet trusted some kind
trends observed for a few years.26
of Covid-19 disinformation.23 This situation
has been worsened by Czech media The October 2021 parliamentary
producing xenophobic content,24 elections and new government
misinformation and conspiracy theories.
Even though Parliamentary elections led to a
victory of a coalition(s) of liberal and
19 23
https://www.publicmediaalliance.org/the-threat- https://www.stem.cz/mytum-a-konspiracim-o-
facing-czech-tv-ceska-televize/ covid-19-veri-vice-nez-tretina-ceske-internetove-
20
https://a2larm.cz/2021/12/kdo-ma-rozum-o- populace/
24
racionalite-v-koronavirove-situaci/ https://www.mvcr.cz/clanek/extremismus-vyrocni-
21
See latest BISOP research for a more nuance zpravy-o-extremismu-a-strategie-boje-proti-
understanding of the phenomenon: extremismu.aspx
25
https://www.bisop.eu/jak-lepe-komunikovat-s-lidmi- https://www.mvcr.cz/clanek/extremismus-vyrocni-
kteri-odmitaji-ockovani-proti-covid19/ zpravy-o-extremismu-a-strategie-boje-proti-
22
https://www.stem.cz/dodrzovani-a-hodnoceni- extremismu.aspx
26
protipandemickych-opatreni-a-duvera-ve-schopnost- See, for example, the 2019 “Divided by freedom”
vlady-zvladat-pandemii-covid-19/#more-6358 research
https://www.irozhlas.cz/sites/default/files/document
s/4cb643625998e931d8f0a9aa34bbb254.pdf
4European Civic Forum response to the
2022 European Commission stakeholder consultation
on rule of law in the European Union
conservative democrats defeating populist Public trust in NGOs and public
and far-right forces, the victory was tight and institutions
fragile. An unprecedented large number of
According to the regular public opinion poll28
citizens remains without representation in the
conducted by the Public Opinion Research
parliament, as over 1.07 million votes went for
Centre (CVVM), since 2015, there has been a
parties that did not make it above 5 %
visible trend of declining public trust in NGOs:
benchmark (e.g., none of the leftist parties)
in 2021, among Czech citizens, the percentage
and another 2.97 million, mostly even less
level of trust was 37%, while for distrust was
satisfied citizens over 18 who did not vote at
55%. However, this is too little data to draw a
all. The balance tipped in favour of the
definite conclusion on the public trust
opposition coalitions (most of the 350,000
towards NGOs. Trends in donations,
new voters) were entrepreneurs and
participation in civil society, and ways of
professionals from smaller towns with a good
understanding as being part of active
quality of life and the youngest voter groups.
citizenship, including through public
The new government that handles the
assemblies, show a more complex and
upcoming dynamic economic, digital, green
complicated picture.
and social transformations, thus carries risks
not only for liberal currents, but also for the Recent NeoN research29 (conducted by PAQ
legitimacy of democratic principles and Research, STEM and Median, and published in
institutions. January 2021) shows that the trust for the CSO
sector among those citizens who know little
about CSOs is largely influenced by the
narrative of the media and politicians,
especially by the image of the respective CSOs
fields of work in the public space. The most
negative attitude relates to the topic of
integration of foreigners and minorities, while
the most positive associations are enjoyed by
education, youth, humanitarian aid and
charity. However, a negative attitude to a
sector, as a whole, does not impede trust in a
particular CSO. Moreover, one-third of the
population actively participated in their
The graph above is based on an internal activities in 2019, and 48 % of the population
analysis of the elections for NeoN prepared by financially supported some kind of
Glopolis. For a more detailed view on the new philanthropic cause. The research has shown
Government Coalition Agreement from the that trust in public institutions – including
perspective of NeoN and democratic and civic NGOs - correlates, to a large degree, to overall
space agenda, see Glopolis analysis in trust in the functioning of the political system,
English.27 higher satisfaction with the Czech Republic’s
membership in the European Union, a lower
degree of belief that public officials are
corrupt and a positive attitude towards
27 29
https://glopolis.org/site/assets/files/1317/analyza_ko https://www.glopolis.org/site/assets/files/1287/englis
alicni_smlouvy_en.pdf h_version_of_summary_of_neon_research-1.pdf
28
https://cvvmapp.soc.cas.cz/#question24
5European Civic Forum response to the
2022 European Commission stakeholder consultation
on rule of law in the European Union
foreigners living in the Czech Republic, as well solutions (e.g., in the IT and data sphere) to
as war refugees, Roma and other groups. the state.
According to a special CVVM survey30 from The Czech citizens show a tendency to
April 2021, the public evaluated the work of solidarity in cases of emergency and crisis
institutions during the Covid-19 pandemic as situations - both at home and abroad. This
it follows: the best ranking was health also happened after the unprecedented
professionals (92% positive evaluation), tornado in Moravia (in the South-eastern part
firefighters, the army and the police, while the of the country) in Summer 2021: when people
Czech government was the most criticised saw the scale of the disaster, they
(only 24 % positive evaluation). Compared to immediately contributed to helping the
2020, positive perception of the government people in the affected communities through
decreased by 40%, and negative attitudes money collections organised by foundations
increased by 39%. When looking at other data and CSOs. In few days, CSOs collected over
from 2021 CVVM research,31 we can also 900 million CZK.
complement the picture behind public trust in
Smear campaigns
NGOs with other public attitudes which relate
to findings to the perception of the quality of If we focus on public trust towards CSOs active
democracy, participation in decision-making in public affairs (so-called ‘advocacy’), the low
processes, trust in public institutions. Czech levels of trust are largely caused by both the
citizens show scepticism, disengagement and lack of credible communication by public
partial openness to authoritarianism. officials about the role of advocacy CSOs in
democracy, as well as disinformation and
During Covid-19, the CSOs sector showed the
negative labelling of these CSOs as ‘political
diverse scope of CSOs’ innovative responses
NGOs’ (a label that has assumed no clear
in helping different parts of society and
definition so far). Since 2020, the anti-
addressing otherwise neglected topics (e.g.,
corruption organisations and activists have
increase of gender and home-based violence,
been targeted by smear campaigns, especially
huge inequality in access to quality education
by former Prime Minister Andrej Babiš. These
during home-schooling, unjustifiable system
tensions are linked to CSOs consistent
of distraints for debtors). Watchdog
criticism for conflict of interest cases that
organisations have been monitoring the
Babiš has been facing both at the national and
relevance of governmental pandemic
European levels.
programmes for the most vulnerable, the
transparency of public procurements, and the Transparency International (TI) sued Babiš for
attempts to push shoddy or harming laws almost twenty statements that the former
during the rapid procedures in the state of Prime Minister claimed against the
emergency. As a consequence, the public organisation since 2020: among other things,
credit of the civil society increased, and Babiš stated that TI is a “corrupt, dubious and
citizens, in general, recognized the added absolutely untrustworthy non-profit”. In July
value of civic activism for the public good and 2021, the Regional Court in Prague ruled32
well-being as well as management of public that Babiš does not have to apologise to TI
affairs, including by delivering ready-made because - according to the judge - what he
30 31
https://cvvm.soc.cas.cz/cz/tiskove-
zpravy/politicke/instituce-a-politici/5379-hodnoceni- https://cvvm.soc.cas.cz/cz/vyhledavani?q=na%C5%A1
reakce-instituci-na-epidemii-covid-19-a-dodrzovani- e+spole%C4%8Dnost
32
opatreni-proti-sireni-koronaviru-nase-spolecnost- https://www.novinky.cz/domaci/clanek/babis-se-
special-duben-2021 nemusi-omlouvat-transparency-international-
40367180
6European Civic Forum response to the
2022 European Commission stakeholder consultation
on rule of law in the European Union
said could not be considered a factual The regulatory environment for
statement, since Babiš made it (as the vast
majority of his incriminated statements) using
and implementation of civic
the wording “in my opinion”. freedoms
The tensions between Babiš and anti- The regulatory framework for civic
corruption organisations were exacerbated in freedoms is enabling, but the
June 2021, when the European Parliament bureaucratic burden is an obstacle
passed a resolution33 on the conflict of
The general regulatory framework to enjoy
interest of the former Czech prime minister’s
freedom of association, expression and
engagement in the future EU Multi-Annual
assembly is set and implemented fairly. The
Financial Framework 2021-27.
key legislation for assembly is set in the Civil
Recently, there has been harsh rhetoric and Code,40 which has been valid since 2012. The
negative discourse on NGOs by populist and freedom of expression and right to
far-right parties in the Czech political information is set in the Charter of
landscape, as well as by parts of the Fundamental Rights and Freedoms as part of
government. This was more visible during the the constitutional order of the Czech Republic.
2021 parliamentary elections campaigns led
The Civil Code describes several forms of legal
by nationalist and populist parties when anti-
entities/corporations that are being used to
NGO rhetoric appeared in the political
establish an NGO: associations, endowed
programmes of Tomio Okamura's Freedom
institutions (foundations, endowment funds)
and Direct Democracy Party34 (demanding to
and institutes. The obligation to register
cancel financing for all the “political non-
applies to obtain legal personality; the
profits”, claiming that they support mass
requirements for individual legal entities are
migration to Europe35 and smuggle
clearly set out - i.e., establishing leadership,
migrants,36 and criticising NGOs defending
organising the official first meeting,
Roma people against racist attacks),37 Free
registering the entity within the state registry,
Block38 (calling for limiting education services
etc. The registration is not costly; NGOs are
provided by NGOs), and Prisaha39 (claiming
exempt from most fees. Registration is done
that all NGOs finances from the state budget
by the courts, the process itself is easy, and
must go through a hearing in the Chamber of
the deadlines are reasonable.
Deputies).
Informal movements and initiatives can
Harassment - particularly in the online space -
operate freely without the need for
against activists and NGO actors, including
registration, but if they do not have legal
death threats and hate speech, happens
personality, they cannot conclude contracts,
increasingly. However, none of these episodes
apply for public grants and subsidies, or
actually materialised into serious actions.
organise public fundraisings.
33 37
https://www.spd.cz/ombudsman-stanislav-krecek-
https://www.europarl.europa.eu/doceo/document/T zkritizoval-neprizpusobive-a-romy-a-hned-se-ozvaly-
A-9-2021-0282_EN.html romske-a-slunickarske-neziskovky/
34 38
https://www.spd.cz/tomio-okamura-zrusme- https://2021.programydovoleb.cz/strana/volny-
financovani-politickych-neziskovek/ blok/priority
35 39
https://www.spd.cz/pobavil-me-komentar- https://www.prisaha.cz/files/prisaha-plan-pro-
hamackova-ministerstva-vnitra/ spravedlive-cesko.pdf
36 40
https://www.spd.cz/sokujici-fakta-o-tom-jak- http://obcanskyzakonik.justice.cz/images/pdf/Civil-
neziskovky-pomahaji-pasovat-nelegalni-imigranty- Code.pdf
do-evropy/
7European Civic Forum response to the
2022 European Commission stakeholder consultation
on rule of law in the European Union
Registered NGOs are required to submit an measures did, in practice, affect the freedom
annual report which is published in the official of assembly. The unpredictability of
registry. If they do not do so repeatedly, they constantly changing governmental decrees
are considered inactive. In 2021, the Ministry was also an obstacle that practically
of Justice did a revision of the registry and eliminated a possibility of protection by
deleted those inactive or non-existing entities, courts.41
and by that the number of registered entities
Regarding some of the measures which might
that can be considered as NGOs dropped
be considered going against the freedom of
from more than 130,000 to a bit more than
assembly, we might mention the measures
70,000.
that introduced hard lockdown at the end of
Legislation in the Czech Republic does not February 2021 (amended at the beginning of
directly restrict the operation of NGOs. March). Those put some very strict limitations
However, the bureaucratic and administrative on the freedom of assembly. Citizens were not
burden is still high by default. Organisations allowed to travel outside their district,42 and
that are recipients of public subsidies face the assembly could consist of only 100 people
particularly demanding administrative in groups, keeping a two-meter distance. In
burdens to apply but also administer the June 2021, new restrictions were passed,
project funded by public sources. This is stating only 20 persons43 can assemble
particularly challenging in the case of smaller outdoors, practically limiting freedom of
organisations and those working in social assembly. Later, in November, it was
services. prescribed that a group of more than 30
persons44 needed to use the masks and keep
However, the situation of advocacy CSOs has
the two-meter distance, which did not limit
worsened over the last couple of years, as
the freedom of assembly, yet it made it
these organisations are often given the label
practically rather difficult - considering the
of ‘political NGOs’ or ‘eco-terrorists’ when they
huge amount of people who usually
engage in the public debate, and are to some
participate in events celebrating November 17
degree side-lined from the decision-making
and the 1989 Velvet Revolution.
process or refused funding from the public
authorities. This has been the case also for In late October 2021, the government
environmental NGOs, as well as watchdog proposed an amendment45 that would give
organisations. police more power to enforce the anti-Covid-
19 measures - one of the measures was to
Freedom of assembly under Covid-19
allow the police to fine people on the spot,
No specific law that would limit or restrict the instead of sending the cases of people who
freedom of association, assembly or breach the measures to the administrative
expression was passed during the Covid-19 procedure. This was the second time the
period. While the new so-called ‘Pandemic Act’ government tried to push this proposal, even
did not limit freedom of assembly or though exactly the same proposal was
expression directly, the anti-Covid-19
41 44
https://advokatnidenik.cz/2021/02/14/muze-covid- https://www.ceska-justice.cz/2021/11/ucastnici-
19-zpusobit-konec-demokracie-jak-ji-zname/ demonstraci-musi-mit-respiratory-a-dodrzet-
42
https://www.ceska- rozestup-dva-metry/
45
justice.cz/2021/03/demonstrovat-lze-pouze-v-miste- https://www.seznamzpravy.cz/clanek/vlada-chce-
bydliste-na-sportovni-zapasy-lze-cestovat-i-v-noci/ kvuli-covidu-dat-vetsi-pravomoci-policii-koalice-jsou-
43
https://www.ceska-justice.cz/2021/06/omezeni- proti-179002
demonstraci-venku-lide-musi-tvorit-skupiny-po-20-
lidech/
8European Civic Forum response to the
2022 European Commission stakeholder consultation
on rule of law in the European Union
rejected by the Chamber of Deputies in The framework for civic
Summer 2021.
organisations'
In Průhonice (near Prague), there was a
financial viability and
dubious case of possible harassment46 of the
‘Million moments for democracy’ movement, sustainability
which protested47 the mishandling of the The economic situation of NGOs differs
Covid-19 crisis by the government by painting according to the thematic area of NGOs’
hundreds of crosses, symbolising thousands operations and the structure of their funding
of covid victims, on the floor of the square – whether coming from EU sources, national
where then Prime Minister Andrej Babiš was public sources or private and corporate
signing his new book in August 2021. Soon fundraising.
after, the police claimed the protesters did not
notify the authorities of the demonstration. The national public funding for NGOs is very
The protesters claimed it was not a protest modest and diversify the thematic area
sensu stricto, according to the law of assembly, greatly. The government state budget
because only members and employees of the allocations49 for 2022 NGO programmes show
movement gathered during the event, and that 50% of the total budget goes to one single
therefore they did not have this obligation. semi-governmental organisation - the
The protest action, then, was brought into the National Sport Agency, justified by the
administrative proceeding. necessity to engage children in sport after
Covid-19 - while the human rights and non-
Right to privacy during Covid-19 social service agenda stays in the margin of
The experts of the Network for Democracy the state funding. The environmental
Protection claimed that the state has programmes got only 0,7 %, gender equality
repeatedly used instruments (e.g., for tracking 0,08 %, and anti-corruption even 0,06 %.
or distant learning) which were connected to The difficulties to secure sufficient financial
tracking tools of technological giants. funding will even worsen under the new EU
Considering the uncertain legal regime after Multiannual Financial Framework. In the
the cancellation of the so-called ‘Privacy previous programming period, an across-the-
shield’, it is possible that the data of the Czech board tax exemption was established for
citizens were transferred to the USA in entities carrying out public benefit activities -
contradiction to European legislation.48 i.e., typically NGOs where their share in ESF-
financed projects was reduced to 0%. The new
rules no longer provide for an across-the-
board exemption, only allow the managing
authorities to decide to reduce the
beneficiary's share to 0% but under unclear
conditions.
46
https://www.irozhlas.cz/zpravy-domov/milion- anademokracie/production/files/2021/11/08/15/49/0
chvilek-pro-demokracii-krizky-protest-v-pruhonicich- 1/7044ec39-06f1-479f-b0e7-
shromazdeni-babis_2108271821_onz ae2064d90985/report_09_2021_edit.pdf
47 49
https://www.ceskenoviny.cz/zpravy/babisovu-
autogramiadu-v-pruhonicich-narusili-jeho-odpurci- https://www.vlada.cz/assets/ppov/rnno/aktuality/Hla
policie-dva-zadrzela/2074243 vni_oblasti_statni_dotace_NNO_2022.pdf
48
https://ochranademokracie.s3.amazonaws.com/ochr
9European Civic Forum response to the
2022 European Commission stakeholder consultation
on rule of law in the European Union
Also, the national managing authority of Impact of Covid-19
Asylum, Migration and Integration fund (AMIF)
The research of OSF Prague50 showed the
has decided to remove legal assistance for
pandemic had both positive and negative
applicants for international protection and
impacts on CSOs, in economic and financial
foreigners in detention from the next
terms:
programming period. NGOs working with
refugees will therefore not be eligible for Ø Negative: a ban on the
funding which will not only significantly implementation of activities by the
worsen their financial stability, but also the state administration; the duty to
long-term expertise of the NGO sector will be return money due to unrealised
lost. projects; reduced services for
clients/vulnerable groups.
Many organisations that are implementing
mainly EU funded projects from the operation Ø Positive: support of individual donors;
programmes have been struggling with lack of expanded online ways of working and
funding due to the ending of the previous EU communicating; new topics and
programming period, while the new one has directions for activities; new
not started yet as the new EU Multiannual cooperation.
Financial Framework 2021-27 has been still Despite the mostly negative impact of the
negotiated in 2020, and the Partnership Covid-19 pandemic, the government did not
Agreement between EU and the Czech actually recognise NGO entities as a specific
Republic was approved by the Czech group of recipients of the supporting
government only in September 2021. Thus, measures, so it did not implement any specific
the operation programmes have been put in measure to support the civic sector.
place lately, and the calls are still in the Government Covid-19 programmes are
process of preparation. usually open to most of the registered entities
In the area of private funding, the vast without making any significant distinction
majority of the Czech NGOs still lack sufficient between business and CSOs.
resources to invest into developing a solid Even the National Recovery and Resilience
base of individual donors, also due to lack of Plan (NRRP) has been prepared and
communication and fundraising professionals negotiated with the European Commission in
and effective internal mechanisms. The the course of 2021, without any financial
corporate funding has been negatively measures prepared for supporting civil
affected by the covid. There was a problematic society. The NGOs are only considered as one
implementation of the Public Collections Act of the actors/stakeholders of the plan, and it
by the Ministry of the Interior (and some of is envisaged that NGOs will also be eligible
Regional Authorities), lack of senior within the programmes under the particular
fundraisers in the labour market, ‘owners of the components’ of the plan (i.e.,
underdeveloped independent self-regulatory the line ministries).
bodies for CSO's, viable networks of CSOs
(communication highways for fundraising
know-how) and low knowledge and ability to
think in the context of achieving collective
impact.
50
https://osf.cz/2021/03/17/dopady-pandemie-covid-
19-vice-nez-petina-neziskovych-organizaci-ocekava-
ze-bude-muset-v-roce-2021-omezit-sve-sluzby/
10European Civic Forum response to the
2022 European Commission stakeholder consultation
on rule of law in the European Union
The right to participation and and financing. The Strategy implementation is
starting in 2022, outlined in the Action plan for
dialogue between 2022-2024.
the sector and governing
The current Secretariat of the Council for
bodies NGOs has been making good efforts to
New developments create hope to introduce some participatory elements in the
process of the new Strategy preparation, and
overcome the patchy involvement of
other partial improvements in the Council
CSOs in the policy-making
ways of working. Besides two online public
The Government Council for Non- consultations, there is more practice of open
Governmental Non-Profit Organisations51 is calls for CSOs candidates for the Council for
the only permanent advisory, initiating and NGOs and the European Economic and Social
coordinating governmental body dealing with Committee (Group III). The problem is that
the CSOs environment, and it is part of the these positive changes are rather patchy, not
Office of the Government of the Czech enough embedded in the system, and lack
Republic. The Council is composed of 34 more sustainable political support. They are
members, mainly Deputy Ministers, while the not always meaningfully reflected in the
non-state members make less than a half. The outcomes of the decision making (e.g., the
Council, through its chair, submits to the case of manipulation of the final list of
government conceptual and implementation candidates for the EESC by former Prime
materials for governmental decisions relating Minister Andrej Babiš).
to CSOs, incl. legislative, regulatory and
Parallel to the Strategy, a separate process of
political measures. It also deals with the
preparation of the Methodology for CSO
authorities responsible for the administration
Participation, started during summer 2021
and monitoring of EU financial resources in
under the Ministry of Justice as part of the
the Czech Republic, whenever implemented
Open Government Partnership Action Plan53.
by or related to CSOs. The Council is also in
The Methodology is one of the practical
charge of nominations, on behalf of CSOs, for
documents for the public administration to
committees at the national and EU levels.
support the participation of NGOs and their
In 2021, the government adopted a new umbrella organisations in the consulting
Strategy of cooperation between the state and bodies and the preparation of legislation,
NGOs 2021-2030,52 which was prepared under state policies and strategic materials
the Government Council for NGOs with fair concerning the civic sector. This document
participation of CSOs. The Strategy is the key shall improve the so-far fragmented and
official document outlining the state’s unsystematic way of participation of CSOs in
priorities and measures to support the policy-making and the unclear nomination
partnership between the state and CSOs; it processes in the advisory and working bodies.
included the key priority goals also from the
Thanks to NeoN’s collective efforts, CSOs
perspective of NeoN: improved recognition of
umbrella organisations were actively engaged
CSOs, support for enabling social climate for
in drafting the Methodology, which is
CSO activities, participation in public decision-
currently in the phase of public consultation
making and partnership, legal environment
51
https://www.vlada.cz/en/ppov/rnno/basic- neziskovymi-organizacemi-na-leta-2021-az-2030-
information-45510/ 189753/
52 53
https://korupce.cz/partnerstvi-pro-otevrene-
https://www.vlada.cz/cz/ppov/rnno/dokumenty/strat vladnuti-ogp/
egie-spoluprace-verejne-spravy-s-nestatnimi-
11European Civic Forum response to the
2022 European Commission stakeholder consultation
on rule of law in the European Union
opened until the end of January 2022 and shall emergency, this involved suspicion of
be adopted in Spring 2022. There is hope that corruption, clientelism and ill-governance,
this methodology will contribute to changing and was questioned by political opposition,
the practice within the state administration independent media, CSOs, as well as law
also in relation to such important processes enforcement.
like the preparation of the NRRP and EU
Moreover, during the pandemic, the Czech
programming.
government took advantage of the limited
Impact of the Covid-19 pandemic public oversight to proceed with the largest
public tender in Czech history to construct
The process of drafting and passing of
additional block(s) of the nuclear power
legislation was affected by anti-Covid-19
station Dukovany. This issue had previously
measures, which also related to the
been heavily debated in the public. This was
Parliamentary proceedings. The members of
criticised by the political opposition, as well as
parliament were meeting only in total of 100
independent media and civil society groups.
people, and based on an ad hoc key which was
Even if these issues never reached a systemic
not predetermined nor public. The
level, as we have witnessed in Hungary and
Parliamentary Committees were accessible
Poland, the Covid-19 pandemic made this
only to invited people. The public was not
situation even more complicated.
allowed in the buildings of the Parliament and
could follow the proceedings only via online In 2018-2021 period, the preparation of the
webcasts. The quality and legitimacy of the new Construction Act (the most extensive
legislative processes were thus weakened. legislative change in that Parliamentary
Moreover, a different course of debate, if a period) took place. The preparation was
majority of MPs were present without carried out in a very non-standard way – the
constraints, could indicate a different drafting of the text was done entirely by the
outcome. Chamber of Commerce, which includes,
among others, the largest developers. The
The government, public authorities and local
state did not pay for any of these services. The
and regional representations certainly made
Act was created at the expense of the private
use of the pandemic crisis moment to limit the
entrepreneurs who are to be regulated by it.
access to information and close the space for
This was criticised by Green Circle54 and other
public oversight. That was often a deliberate
NGOs,55 as well as by the Ombudsperson56
move, but in some cases, it was simply the lack
and Security information Service.57 The
of means and opportunities to engage with
amended Construction Act presented a
the public (e.g., at the local level). The access
dangerous precedent in reducing the
to information on public procurement was
protection of public interest, limiting access to
effectively put on hold under the emergency
public decision-making.
regime. Even if the Ministry of Health and the
Ministry of Interior - responsible for
purchases of most of the personal protective
equipment (PPE) - claimed that they would
announce all information after the state of
54 56
http://zelenykruh.cz/novy-stavebni-zakon-z-pera- https://www.ochrance.cz/aktualne/ombudsmanka-
developeru-oklestuje-prava-obci-a-lidi/ upozornuje-na-nektere-problematicke-body-vecneho-
55
http://zelenykruh.cz/novy-stavebni-zakon-z-pera- zameru-stavebniho-zakona/
57
developeru-oklestuje-prava-obci-a-lidi/ https://www.bis.cz/vyrocni-zpravy/vyrocni-zprava-
bezpecnostni-informacni-sluzby-za-rok-2020-
158d1414.html
12European Civic Forum response to the
2022 European Commission stakeholder consultation
on rule of law in the European Union
Civil society's responses to to the Deputy Prime Minister,62
demanding transparency in
challenges to democracy, the preparation of the NRRP. Members of
rule of law and fundamental the CSO sector offered their expertise
rights to provide suggestions for specific
changes in areas including the
As NeoN coalition, we can definitely note the environment and climate change
most significant developments in 2021: (attempting to stop the trend of
Ø Under the call of Reconstruction of the greenwashing), digitalisation, culture,
State58 (network also associated in or the mental development of children
NeoN), several CSOs mobilised around in education. The current NRRP is a
the unconstitutional government’s resulting compromise that, in fact, did
declaration of the new state of not satisfy anyone. Nonetheless, four
emergency in mid-February; CSOs representatives were involved,
with the help of NeoN, within the 40-
Ø Dozens of CSOs prepared and signed a
member NRRP Committee to tackle
joint statement titled Courage to Live
important and complex tasks: to pay
Freely: Statement by NGOs as of
attention to viable project proposals;
November 17,59 calling for
to oversee the milestones set out by
collaboration, which was presented
the European Commission with
during the commemoration event of
regards to transparency and reducing
the 1989 Velvet Revolution on
corruption; and to ensure that at least
November 17 at Vaclavske Square, in
41.6% of funds will be dedicated to
Prague, as part of the ‘Takovi jsme‘
fighting climate change, whilst making
campaign60 to improve the public
sure that the funds are implemented
perception of the non-profit sector.
by 2026.
Ø The NeoN coalition, with other NGOs,
Ø Despite the lack of attention from the
strived and succeeded in increasing
media, the issue of NGO
their participation in the preparation
representation in the European
of the National Recovery and
Economic and Social Committee has
Resilience Plan. At the end of March
become one of the key watchdog
2021, the CSOs addressed the
targets for the Czech NGO sector. The
Members of the Parliament with
reason behind this was the failed
concrete recommendations,61 ahead
nomination process, as - despite the
of the government’s hearing on the
transparent nomination process in the
progress in the preparation of the plan
Council for NGOs – former Prime
in the Chamber of Deputies, to
Minister Andrej Babiš appointed his
address the plan’s lack of
economic adviser J. Ungermann as a
transparency, public debate, and
nominee, as well as J. Dubravska, who
transformative conceptualisation.
was connected to the agrarian
Later, they appealed by an open letter
58 60
https://takovijsme.cz/
61
https://www.ochranademokracie.cz/aktuality/cerven
a-vyzva-vyhlaseni-nouzoveho-stavu-je-v-rozporu-s- https://glopolis.org/site/assets/files/1293/doporu_en
ustavnim-poradkem-cr _nno_k_npo.pdf
59 62
https://svetneziskovek.cz/aktualne-z-
nezisku/odvaha-zit-svobodne-prohlaseni- https://glopolis.org/site/assets/files/1298/otevreny_d
neziskovych-organizaci-k-17-listopadu opis_nno_k_npo.pdf
13European Civic Forum response to the
2022 European Commission stakeholder consultation
on rule of law in the European Union
lobbyists. The Office of the partnership, and c) the facilitation of
Government stood behind adequate and enabling conditions for
Ungermann’s nomination, despite the effective functioning of CSOs.
numerous protests from the CSOs Another important aspect is the
sector, and continuously tried to prove transparency of nominations of NGO
to the EESC that he, in fact represented representatives in departmental and
certain (dubious) NGOs. However, one interdepartmental processes. This
of these named NGOs stated they did shall be improved by the government’s
not know of Ungermann, while Methodology of participation, where
another organisation has been NeoN also participated in the drafting
inactive for a very long time. His 8- phases.
month delayed appointment by the
Council of the EU failed to be averted, Recommendations
but the result showed that the CSOs A stronger civic space (especially for advocacy
sector was correct. The Group III of the CSOs and networks) needs to become not
EESC did not accept Ungermann as its only more effective and resilient, but finally
member. This meant that he, along also more inclusive, open to the groups of civil
with only one more member, society more sceptical of the economic,
remained unplaced out of the 329 environmental, social and cultural
EESC members in total. transformations in today's European
Ø CSOs played an active role in societies. Inclusion means to include their
mobilising and providing voters with different interests and worldviews to have a
information to make a qualified choice more honest dialogue about costs and
in the 2021 parliamentary elections. benefits of these complex transformations
Various CSOs designed their kind of that many CSOs advocate for.
‘guides’, showing the voters which Importantly, the efforts to improve civic space
parties have a good record of working will be taking place in the context of greater
for sustainable positive changes in the economic, social, environmental, and indeed
society in the fields of gender rights,63 cultural transformations. Political issues such
ecological measures64 or anti- as green and digital transition, post pandemic
corruption/open governance.65 recovery and social inequalities, or women's
Ø NeoN coalition also actively engaged in and LGBT+ rights represent crucial issues that
the one-year process for the the state shall address together with CSOs
preparation of the new government’s and other actors. Apart from technical
Strategy of cooperation between the aspects, each of these issues also represents
state and NGOs 2021-2030 and emotional and controversial shifts in cultural
prepared collective inputs for the norms aspired by some groups and resisted
different stages of the drafting by others. We need to understand the
process. This means that the Strategy substance and dynamics of these complex
enjoys wide support from the CSOs issues and be able to link them to the issues
sector and outlines collective aims of of civic space.
the involved actors: a) improving the During the recovery from the Covid-19
social climate for CSOs functioning, b) pandemic and its forthcoming socio-
supporting the state-CSOs economic consequences, civil society and
63 65
https://www.jsmefer.cz/krouzkujsrdcem#vysledky https://www.volebnipruvodce.cz/
64
https://volby.hnutiduha.cz/predvolebni-anketa
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