COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report Country Chapter on the rule of law situation in Czechia Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report The rule of law situation in the European Union

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COMMISSION
Luxembourg, 13.7.2022
SWD(2022) 503 final
COMMISSION STAFF WORKING DOCUMENT
2022 Rule of Law Report
Country Chapter on the rule of law situation in Czechia
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions
2022 Rule of Law Report
The rule of law situation in the European Union
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ABSTRACT
The new Government has announced several reforms related to the Czech justice system, some
of which follow up on efforts of the previous Government. A planned reform of disciplinary
proceedings against judges aims to introduce the possibility to appeal and a new reform of the
prosecution service is under preparation, introducing, among others, changes relating to the
term of office and dismissal of the Prosecutor General. Both initiatives aim to further strengthen
the independence of the justice system. An amendment of the selection procedure for judges
has entered into force. Efforts to improve the digitalisation of justice, including publication of
judgments and preparation of a digital file management system, progress slowly. Efficiency of
proceedings has improved in the administrative justice system.
The legal and institutional framework to address corruption is broadly in place, and the new
Government has prioritised some anti-corruption measures. The Government is drafting a new
Anti-Corruption Strategy to be implemented as of 2023 but concerns exist over the effective
and consistent implementation of all measures in the current strategy and action plan. Several
planned reforms were not adopted before the end of the parliamentary term in 2021, including
on lobbying, whistleblowing, the Supreme Audit Office mandate, and a code of conduct for
members of Parliament. The new Government has announced its intention to continue to fight
corruption, including through pending legislative reforms on conflicts of interest and
whistleblower protection. Cases of high-level corruption remain a concern, in particular in a
context of delayed proceedings. In addition, the use of presidential pardoning power in a high-
level corruption case led to public debate. Ethics rules for both chambers of the Parliament
remain lacking. Rules on revolving doors for members of Government, Parliament and civil
service remain limited. An evaluation of the legislation on political party financing is planned.
Constitutional rules guarantee freedom of expression and the right to information. Rules to
enhance transparency of beneficial ownership of media outlets enacted in 2021 still require full
implementation and concerns persist with regard to the lack of full ownership transparency as
well as conflict of interests. The independence of the Czech media regulator is expected to be
further enhanced, while political controversies affecting Czech public service television have
led to calls to overhaul the Czech Television Act given that the current system does not prevent
the political majority in the Chamber of Deputies, via political influence over the Councils,
from securing the dismissal of a Director-General. Unlike the case with most sectors of the
economy, the media sector did not benefit from any specific support scheme to counter the
effects of the COVID-19 pandemic. There have been no developments with regard to state
advertising and access to information. Support for the needs of journalists and their working
conditions is missing while harassment of journalists remains part of the political landscape.
The use of the accelerated legislative procedure decreased. The validity of the Pandemic Act
has been extended until November 2022. The Ministry of Health conducted an internal audit
of the adoption process of pandemic measures, after several had been annulled by courts. Work
to enhance the participation of civil society organisations in the decision-making process is
ongoing. While the Ombudsperson performs some of the tasks of the National Human Rights
Institution (NHRI), other typical tasks remain unassigned and there are no specific plans to
establish an NHRI. Statements of the Ombudsperson regarding Roma or LGBTIQ people
continued to raise concerns. Access to public funding of civil society organisation raises some
concerns. The space for civil society has been downgraded from open to narrowed by
observers.
2
RECOMMENDATIONS
In addition to recalling the commitments made under the national Recovery and Resilience
Plan relating to certain aspects of the justice system and the anti-corruption framework, it is
recommended to Czechia to:
 Take forward the reform of the prosecution service retaining the original aim to introduce
safeguards for the dismissal of the Prosecutor General and other chief public prosecutors,
taking into account European standards on the independence and autonomy of the
prosecution.
 Take measures to reduce the length of proceedings to ensure a robust track record of
investigations, prosecutions and final judgments in high-level corruption cases.
 Strengthen the integrity framework for members of Parliament, in particular by ensuring
that Codes of Ethics are in place for both Houses of Parliament.
 Complete the revision of legislation on asset declarations and on conflict of interests,
including by clarifying the definition of beneficial ownership and progress with further
reforms relating to transparency of information on media ownership.
 Strengthen the rules and mechanisms to enhance the independent governance of public
service media taking into account European standards on public service media.
 Take steps to establish a National Human Rights Institution taking into account the UN
Paris Principles.
3
I. JUSTICE SYSTEM
The Czech justice system is composed of 86 district courts, eight regional courts, two high
courts, the Supreme Court and the Supreme Administrative Court1
. The Constitutional Court
is tasked with guaranteeing constitutionality of legislation, and with the protection of
fundamental human rights and freedoms. The central body of state responsible for the
administration of the courts is the Ministry of Justice. The Ministry of Justice performs state
administration of high, regional and district courts to the extent stipulated by law2
, either
directly or through the presidents of these courts. These various authorities take into account
the opinions of the relevant judicial councils, which are established at the Supreme Court, the
Supreme Administrative Court, high courts, regional courts and larger district courts. Judges
are appointed by the President of the Republic, from candidates selected by selection
committees and presented by the Minister of Justice. The Prosecution Service is part of the
executive branch3
. Public prosecutors are appointed into their office for an indefinite time by
the Minister of Justice on a proposal from the Prosecutor General. The Prosecutor General is
appointed and recalled by the Government on a proposal from the Minister of Justice. Czechia
participates in the European Public Prosecutor’s Office (EPPO). The Bar Association is
established by law and is independent. It performs public administration in the area of the legal
profession and provides self-regulation for the entire profession. The self-governing power of
the Bar is limited by the power of the Minister of Justice in the areas listed by law.
Independence
The level of perceived judicial independence in Czechia continues to be average among
both the general public and companies. Overall, 57% of the general population and 55% of
companies perceive the level of independence of courts and judges to be ‘fairly or very good’
in 20224
. According to data in the 2022 EU Justice Scoreboard, both figures have increased in
comparison to 2021 (51% for the general public and 51% for companies), as well as in
comparison to 2016 (47% for the general public and 37% for companies).
The new Government has announced several reform plans, including a re-tabling of the
reform of the system of disciplinary proceedings against judges. As a general rule,
legislative proceedings that are not concluded before parliamentary elections are not carried
over to the next mandate period and if a newly elected Government intends to continue with
the process, it has to submit a new legislative proposal. This was the case for several legislative
proposals referred to in the 2021 Rule of Law Report5
, which lapsed after the October 2021
parliamentary elections, notably the amendment of the Act on proceedings relating to judges6
and the reform of prosecution service (see below in this Section). The Programme manifesto
of the new Government formed after the elections announced the intention to pursue several
1
In addition, specialised administrative chambers within regional courts act as administrative courts of first
instance.
2
Act No. 6/2002 Coll., On Courts and Judges.
3
Art. 80 of the Constitution, which is included in Part Three, the Executive Branch.
4
Figures 50 and 52, 2022 EU Justice Scoreboard. The level of perceived judicial independence is categorised
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very good);
low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%).
5
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, pp. 2-4.
6
Amendment of the Act on proceedings relating to judges, public prosecutors and court executors, as amended
(Act No. 7/2002 Coll.).
4
reforms related to the justice system7
. The envisaged changes include a reform of the criminal
and civil procedure codes8
, further digitalisation of the justice system (see below in this
Section) and protection of the activities of the Bar Association and other professional
associations. The Ministry of Justice started preparations to re-submit9
the reform of the
disciplinary procedure against judges10
, retaining the original aim to introduce the possibility
to appeal11
decisions taken by a disciplinary court12
. This aim is consistent with European
standards13
and follows a GRECO recommendation14
.
The amended selection procedures for judges entered into force. As reported in the 2021
Rule of Law Report15
, the amendment of the Act on courts and judges, adopted in June 202116
,
aims to set up a transparent and uniform system of recruitment and selection of judges and
court presidents, whereas previously this procedure was not regulated in the legislation. The
amendment entered into force on 1 January 202217
. The first series of selection procedures
under the new legislation are currently ongoing18
. Stakeholders have welcomed the change,
stating that it improves the transparency and consistency of the selection process19
, with the
College of Regional Court Presidents calling for amendments of certain technical aspects in
the law and implementing decree to ensure a smooth selection process20
. In reaction, the
Ministry of Justice published a clarification of several provisions of the legislation and
conducts a further analysis of potential ambiguities21
. A key feature of the new system is the
7
Program manifesto of the Government of 7 January 2022.
8
Working groups for the preparation of the new criminal and civil procedure code have been established. Input
from Czechia for the 2022 Rule of Law Report, p. 21.
9
To be noted that as part of the national Recovery and Resilience plan, Czechia has committed to adopt the act
on proceedings in cases of judges, prosecutors and bailiffs; European Commission, Annex to the Proposal for
a Council Implementing Decision on the approval of the assessment of the Recovery and Resilience Plan for
Czechia, p. 129-131.
10
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 4.
11
It is currently possible to request reopening of the proceedings if previously unknown information comes to
light, and it is also possible to file a constitutional complaint; these procedures are however not considered to
constitute standard judicial review.
12
Information provided in the context of the country visit to Czechia from the Ministry of Justice.
13
Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para 69; Venice
Commission, Report on the Independence of the Judicial System Part II: The Prosecution Service (CDL-
AD(2010)004), para 43; Venice Commission, Rule of Law Checklist (CDL-AD(2016)007).
14
GRECO Fourth Evaluation Round – Evaluation Report, recommendation ix, introducing the possibility for
judges to challenge disciplinary decisions including for dismissal before a court.
15
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 2.
16
Act No. 218/2021, amending Act No. 6/2002 Coll., on courts, judges, lay judges and administration of courts
and on amendment to some other acts.
17
Act No. 218/2021, Art. XI; Input from Czechia for the 2022 Rule of Law Report, p. 1. To be noted that as part
of the national Recovery and Resilience Plan, Czechia has committed to adopt the Courts and Judges Act;
European Commission, Annex to the Proposal for a Council Implementing Decision on the approval of the
assessment of the recovery and resilience plan for Czechia, p. 129-130.
18
Information received from the Ministry of Justice.
19
Contribution from the Network for Protection of Democracy for the 2022 Rule of Law Report, p. 6;
Information received in the context of the country visit to Czechia from the Czech Union of Judges and the
Czech Bar Association.
20
Česká justice (2022), College of Court Presidents: Amendment of the Act on courts and judges complicated
the selection of new presidents.
21
Information received from the Ministry of Justice. The clarification is available at
https://justice.cz/web/msp/dulezite-informace?clanek=stanovisko-ministerstva-spravedlnosti-k-vykladovym-
otazkam-souvisejicim-s-vyberem-soudcu.
5
composition of the selection committees with majority of judges22
, which is consistent with
European standards23
.
The Ministry of Justice started preparing a reform of the prosecution service. A reform
of the prosecution service has long been a topic of political debate24
and forms part of GRECO
recommendations25
. The Ministry of Justice is working on a new proposal, scheduled for
submission to the Government in December 202226
. It is planned to include27
a fixed term of
office for the Prosecutor General and other chief prosecutors28
, and to stipulate that they can
be dismissed only as a result of disciplinary proceedings29
, which would be consistent with
European standards30
.
Quality
Digitalisation of justice progresses slowly. While the work on the digitalisation projects
mentioned in the 2021 Rule of Law Report 31
, most notably the e-file and a database of court
decisions, continues32
, stakeholders point to the generally slow progress and delays in the
digitalisation of justice33
. Although procedural rules allowing digital technology in courts have
been in place34
, the actual use of digital technology and secure electronic communication tools
by courts and prosecution services is very low35
. The case management system can still be used
only in proceedings regarding orders for payment, judges and staff cannot yet, across the board,
work securely remotely, and it is not possible to communicate securely electronically between
22
The committee for selection of judges has five members. Two are employees of the Ministry of Justice, two
are judges appointed on the proposal of a president of respective regional court and one is a judge appointed
on a joint proposal of the presidents on the Supreme Court and the Supreme Administrative Court. The
committee for selection of court presidents have five members; its composition varies depending on the
instance of the court, but in general one member is Deputy Minister of Justice, one expert on organization of
courts and three court presidents. Secs. 105e and 116(3) of Act No. 6/2002 as amended.
23
Sec. 105e and 116 of Act No. 6/2002 as amended by Act No. 218/2021. Recommendation CM/Rec(2010)12
of the Committee of Ministers of the Council of Europe, para. 47.
24
The previous Government prepared a draft reform of the prosecution service, which was abandoned after
public criticism. For further information see the 2021 Rule of Law Report, Country Chapter on the rule of law
situation in Czechia, p. 3 and the 2020 Rule of Law Report, Country Chapter on the rule of law situation in
Czechia, pp. 3-4.
25
GRECO Fourth Evaluation Round – Evaluation Report, recommendations x, xi, on recruitment and promotion
of public prosecutors and the judicial review of their decisions, and on the appointment and dismissal of the
Prosecutor General and other chief public prosecutors.
26
Information received in the context of the country visit to Czechia from the Office of the Prosecutor General,
and the Ministry of Justice.
27
Information received in the context of the country visit to Czechia from the Office of the Prosecutor General,
and the Ministry of Justice.
28
Under the current legislation the Prosecutor General and chief prosecutors are appointed for an indefinite
period.
29
Currently the Prosecutor General may be dismissed by the Government on a proposal of the Minister of Justice
without stating reasons.
30
Venice Commission, Report on European standards as regards the independence of the judicial system: Part
II – The Prosecution service (CDL-AD(2010)040), para. 39: ‘The law on the prosecutor’s office should clearly
define the conditions of the Prosecutor’s [General] pre-term dismissal’.
31
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 5.
32
Input from Czechia for the 2022 Rule of Law Report, p. 3 and information provided in the context of the
country visit to Czechia from the Ministry of Justice.
33
Contribution from Glopolis for the 2022 Rule of Law Report, p. 14; Contribution from the Network for
Protection of Democracy for the 2022 Rule of Law Report., p. 8.
34
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 5.
35
Figures 42, 43, 44 and 45, 2022 EU Justice Scoreboard.
6
courts and lawyers, notaries and bailiffs or other judicial officers36
. With the e-file system not
yet available, possibilities for court users to initiate proceedings electronically and follow them
online are limited37
. Following an amendment of the Act on Courts and Judges, which came
into effect on 9 June 2021, district, regional and high courts will be obliged to publish their
final judgments38
, as of 1 July 2022, in a publicly accessible database managed by the Ministry
of Justice39
. The database is supported by a customised anonymisation application and already
operating in a pilot stage40
.
The Ministry of Justice is adjusting the method of determination of the number and
distribution of judicial posts, while salaries of judges have been frozen. Presidents of
regional courts suggested to the Ministry of Justice an adjustment of the method based on which
the Ministry determines the number of judicial posts at each court. The Ministry is currently
analysing the document41
. This comes in reaction to concerns that the existing methodology
did not reflect the real workload of courts, as reported in the 2021 Rule of Law Report42
. The
salaries of judges and other high level officials43
, which are normally adjusted automatically
every year44
, have been frozen at the same level as in 202045
due to the economic consequences
of the COVID-19 pandemic46
, a fact which was criticised by judges47
and prosecutors48
.
Efficiency
Efficiency of proceedings in administrative cases has improved. While the justice system
overall performs efficiently, there is room for improvement in the length of administrative
cases, as reported in the 2020 and 2021 Rule of Law Reports49
. Over the past years, however,
the estimated length of administrative cases has been decreasing (to 317 days in first instance
courts in 2020 compared to 356 days in 2019 and 421 days in 2016)50
. The clearance rate has
also improved (113 % at first instance courts in 2020 compared to 107 % in 2019 and 88 % in
201851
) suggesting that courts continue to be able to address backlogs. This positive
development could be the result of a continued effort to increase the number of judges and staff
36
Figures 43 and 44, 2022 EU Justice Scoreboard.
37
Figure 46, 2022 EU Justice Scoreboard.
38
To the extent defined by a ministerial decree. Section 118a of Act No. 6/2002 Coll.
39
Art. I, point 23 of Act No. 218/2021.
40
Information provided in the context of the country visit to Czechia from the Ministry of Justice. The database
is accessible at https://rozhodnuti.justice.cz/soudnirozhodnuti/.
41
Information received in the context of the country visit to Czechia from the Ministry of Justice and the Czech
Union of Judges.
42
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 6.
43
Including members of Parliament, the President of the Republic, members of the National Audit Office. Sec.
1 of Act No. 236/1995.
44
The salaries of judges and other high level officials are presidents are based on the average salary counted by
the Czech Statistical Office, and therefore change in relation to change of the average salary. Sec. 3 of Act No.
236/1995. Salaries of civil servants are regulated by different legislation.
45
Act No. 18/2022, amending Act No. 236/1995.
46
Input from Czechia for the 2022 Rule of Law Report, p. 2.
47
Statement of the Czech Union of Judges of 20 January 2022.
48
Opinion of the Czech Union of Public Prosecutors on salary cuts in the judiciary of 7 January 2022.
49
2020 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 6, 2021 Rule of Law
Report, Country Chapter on the rule of law situation in Czechia, p. 5.
50
Figure 9, 2022 EU Justice Scoreboard.
51
Figure 13, 2022 EU Justice Scoreboard.
7
in administrative departments of courts52
. The estimated length of litigious civil and
commercial cases, while overall low, increased in 2020 (to 160 days in the first instance in
2020 compared to 140 days in 2019)53
, possibly as a result of the COVID-19 pandemic and
related measures.
II. ANTI-CORRUPTION FRAMEWORK
Czechia has the legislative and institutional framework to prevent and fight corruption largely
in place. The Conflicts of Interest and Anti-Corruption Department of the Ministry of Justice
is in charge of the coordination and monitoring of the national Anti-Corruption Strategy 2018-
2022, which is Czechia’s strategic framework for anti-corruption at the governmental level.
The Anti-Corruption Council acts as an advisory body to the Government. In cooperation with
the prosecution service, the National Organised Crime Agency is the police unit with country-
wide competence to investigate high-level corruption offences54
. The Financial Analytical
Office acts as Czechia’s Financial Intelligence Unit. The Supreme Audit Office reviews the
state’s management of public revenue and expenditure and its findings may contribute to the
identification of corruption risks.
The perception among experts and business executives is that the level of corruption in
the public sector remains relatively high. In the 2021 Corruption Perceptions Index by
Transparency International, Czechia scores 54/100 and ranks 14th
in the European Union and
49th
globally55
. This perception has been relatively stable over the past five years56
. The 2022
Special Eurobarometer on Corruption shows that 78% of respondents consider corruption
widespread in their country (EU average 68%) and 20% of respondents feel personally affected
by corruption in their daily lives (EU average 24%)57
. As regards businesses, 67% of
companies consider that corruption is widespread (EU average 63%) and 34% consider that
that corruption is a problem when doing business (EU average 34%)58
. Furthermore, 29% of
respondents find that there are enough successful prosecutions to deter people from corrupt
practices (EU average 34%)59
, while 27% of companies believe that people and businesses
caught for bribing a senior official are appropriately punished (EU average 29%)60
.
52
Ministry of Justice (2021), Czech Justice 2020 Annual Statistical Report; input from Czechia for the 2022
Rule of Law Report, p. 5.
53
Figure 7, 2022 EU Justice Scoreboard.
54
Other cases of corruption are dealt with by regional directorates of the police, with the National Organised
Crime Agency being able to take over the cases at any time. This Agency also serves as a law enforcement
contact point for OLAF as regards crimes against financial interest of the EU.
55
Transparency International (2022), Corruption Perceptions Index 2021, pp. 2-3. The level of perceived
corruption is categorised as follows: low (the perception among experts and business executives of public
sector corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-
50), high (scores below 50).
56
In 2017 the score was 57, while, in 2021, the score is 54. The score significantly increases/decreases when it
changes more than five points; improves/deteriorates (changes between 4-5 points); is relatively stable
(changes from 1-3 points) in the last five years.
57
Special Eurobarometer 523 on Corruption (2022). The Eurobarometer data on citizens’ corruption perception
and experience is updated every second year. The previous data set is the Special Eurobarometer 502 (2020).
58
Flash Eurobarometer 507 on Businesses’ attitudes towards corruption in the EU (2022). The Eurobarometer
data on business attitudes towards corruption as is updated every second year. The previous data set is the
Flash Eurobarometer 482 (2019).
59
Special Eurobarometer 523 on Corruption (2022).
60
Flash Eurobarometer 507 on Businesses’ attitudes towards corruption in the EU (2022).
8
The Anti-Corruption Strategy 2018-2022 is in its last year of implementation, and a new
strategy is being developed. The Anti-Corruption Plan 2021-202261
continues to be
implemented, as part of the last year of the 2018-2022 Anti-Corruption Strategy62
. The main
priorities of the plan are an effective and independent government, transparency and open
access to information, the efficient use of state property, and the development of civil society.
Main legislative measures included are the adoption of the whistleblowing and lobbying
legislation (see below in this Section)63
. While only an interim evaluation of the 2021-2022
action plan was carried out (as the action plan is still being implemented)64
, it shows that the
majority of measures were sucessfully implemented although delays occurred in the Parliament
with regards to draft legislation, the introduction of some sector-specific measures in the energy
and health sectors, and the adoption of the open government plan65
. Nonetheless, stakeholders
expressed concerns over the effective and consistent implementation of all measures identified
in the yearly action plans, in particular regarding the timely completion of actions under the
plans and the political will to actually move forward and adopt some of the envisaged
legislative reforms in the Parliament66
. The drafting of a new Anti-Corruption Strategy is
proceeding, with a stakeholder consultation ongoing and the adoption by the government
foreseen by the end of 202267
. The Government intends to take on board conclusions of
previous evaluations and lessons learned in the new strategy68
. The Strategy for the Fight
against Fraud and Corruption within EU Funds remains in force without changes, but is
expected to be revised by the end of the year to introduce new EU frameworks, and a specific
action plan for 2022 was adopted69
. A new corruption measuring methodology is also under
development70
.
The Government has announced its intention to continue reforms to fight corruption
although the role of the Anti-Corruption Council remains unclear. The new Government,
which took office in January 2022, has announced its intention to strengthen the fight against
corruption, including through the adoption of a number of pending legislative reforms on
conflicts of interest and whistleblower protection (see below in this Section)71
. Questions
remain over how the Anti-Corruption Council will fulfil its role as an advisory body to the
Government. While the Council has not yet met since the new Government was appointed, the
61
2021 Rule of law Report, Country Chapter on the rule of law situation in Czechia, pp. 6-7.
62
The Anti-Corruption Strategy 2018-2022 has been implemented through four dedicated action plans for the
years: 2018, 2019, 2020 and 2021-2022). Input from Czechia for the 2022 Rule of Law Report, p. 9 and
Ministry of Justice (2021), Anti-Corruption Action Plan for 2021 and 2022.
63
Input from Czechia for the 2022 Rule of Law Report, p. 9 and Ministry of Justice (2018), Government concept
of the fight against corruption for the years 2018 to 2022.
64
Ministry of Justice (2022), Evaluation of the implementation of the measures listed in the Anti-Corruption
Action Plan for 2021 and 2022.
65
Ministry of Justice (2022), Evaluation of the implementation of the measures listed in the Anti-Corruption
Action Plan for 2021 and 2022.
66
Contribution from Síť na ochranu demokracie for the 2022 Rule of Law Report, pp. 10-11
67
Information received from the Ministry of Justice in the context of the country visit to Czechia.
68
Information received from the Ministry of Justice in the context of the country visit to Czechia and Ministry
of Justice (2021), Anti-Corruption Action Plan for 2021 and 2022.
69
Written contribution from the Ministry of Finance and the Ministry of Regional Development in the context
of the country visit to Czechia. See also 2021 Rule of Law Report, Country Chapter on the rule of law situation
in Czechia, p. 8.
70
As required under the Czech Recovery and Resilience Plan. See European Commission, Annex to the Proposal
for a Council Implementing Decision on the approval of the assessment of the recovery and resilience plan for
Czechia, pp. 129-130.
71
Czech Government (2022), Government Program Statement – Justice and Law.
9
Ministry of Justice foresees no changes in its functioning72
. Some stakeholders have pointed
out that more regular meetings of the Council, which currently meets once per year, could be
beneficial for highlighting challenges and giving input to the government’s anti-corruption
policy73
.
Corruption-related investigations, prosecutions and convictions remain at a stable level,
with a generally lower occurrence of corruption attributed to the COVID-19 pandemic.
In 2021, the Czech law enforcement authorities opened 150 corruption-related investigations
(compared to 180 in 2020) and prosecuted 140 individuals for corruption offences or suspicions
thereof (compared to 180 individuals in 2020)74
. In total, 134 persons were brought before a
court (compared to 169 in 2020)75
, while 114 got convicted for corruption in the course of 2021
(compared to 111 individuals in 2020). Last year has seen 15 acquittals for corruption
(compared to 45 in the previous year)76
. Law enforcement authorities caution that statistics
fluctuated during 2020 and 2021 due to the effects of COVID-19 measures, in particular
lockdowns, with an overall lower crime rate seen than the period before the pandemic77
.
High-level corruption cases remain a point of attention due to delays in proceedings while
the use of presidential pardoning power in a high-level corruption case led to public
debate. A number of high-level corruption investigations and cases involving both former and
current high-level officials78
continue, including in relation to subsidy fraud. While the justice
system is generally functioning efficiently (see Section I), concerns over its performance in
such high-level corruption cases exist due to the length of the proceedings at all stages of the
process including the investigation, prosecution and adjudication79
. Concerns remain80
in some
instances regarding the management and distribution of EU funds, with the Czech Court of
Audit indicating a relative increase in the amount of reported irregularities and suspected
72
Information received from the Ministry of Justice in the context of the country visit to Czechia; Ministry of
Justice, Government Council for the Coordination of the Fight against Corruption. The previous government
had modified the mandate of the Anti-Corruption Council in 2018 and 2019.
73
Information received in the context of the country visit to Czechia from civil society organisation Frank Bold.
74
Input from Czechia for the 2022 Rule of Law Report, statistical annex.
75
This includes: indictments, motions for punishments, and agreements on guilt and punishment.
76
Input from Czechia for the 2022 Rule of Law Report, statistical annex.
77
Information received from the National Organised Crime Agency and the Prosecution Service in the context
of the country visit to Czechia.
78
In one case involving former Prime Minister Babis, who was indicted in a case linked to subsidy fraud, the
public prosecutor recommended a 3-year suspended sentence and a fine of CZK 10 million. The fraud
allegedly took place in 2008 and charges were already brought forward for the first time in 2016. Associated
Press (2022),’Former Czech Prime Minister Babiš indicted in fraud case’. Seznam Zprávy (2022), ‘The
prosecutor does not demand imprisonment for Babis. Asks for conditional sentence and 10 million fine’. Other
examples of high-level corruption cases include the prosecution of two judges, a high-ranking ministry official
and a number of cases in municipal councils. Information received from the National Organised Crime Agency
and the prosecution service in the context of the country visit to Czechia.
79
Contribution from Glopolis for the 2022 Rule of law Report, pp. 15-16 and 19-20; contribution from Síť na
ochranu demokracie for the 2022 Rule of Law Report, p. 11. See also Transparency International Czechia
(2022), Conflict of Interest of Andrej Babis.
The authorities state that the delays are often caused by the complexity and opacity of high-level corruption
cases.
80
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 8 and information
received from the National Organised Crime Agency in the context of the country visit to Czechia.
10
fraudulent behaviour in 201981
while the European Public Prosecutor’s Office82
opened or
continued 34 investigations in 202183
The EU Anti-Fraud Office (OLAF) reports Czech
authorities issued indictments in one case and dismissed six in cases where OLAF sent
recommendations to the national authorities between 2017-202184
. The results of the European
Commission audit of 23 April 2021, referred to in the 2021 Report85
, have been taken forward
by the European Public Prosecutor’s Office for further investigation. The use of the presidential
pardoning power in a high-level corruption case led to an intense public debate86
.
Resources of and cooperation between institutions in the fight against corruption remain
at a good level overall. The police and the Prosecution Service consider that the resources87
and the level of specialisation of investigators and prosecutors, as well as their access to
relevant information, is sufficient to carry out their tasks in the repression of corruption.
Cooperation between the prosecution service, police and other agencies such as the Financial
Intelligence Unit, tax and customs continues to function well.88
The analytical capacity of the
police is being evaluated. The police plan to pilot a uniform analytical tool in their
investigations as of 2023, which should further strengthen analytical capacity also in
corruption-related investigations. Work on these initiatives continues but was delayed by the
COVID-19 pandemic and the Russian invasion of Ukraine89
.
Enforcement in foreign bribery cases remains limited although structures are in place.
Czechia fulfilled an additional recommendation of the OECD Working Group on Bribery in
relation to the automatic publishing of court judgments in foreign bribery cases. The main
outstanding recommendations focus on legislation related to whistleblowers (see below in this
Section) and the independence of prosecutors and courts (see Section I)90
While the necessary
structures are in place, only a limited number of cases are detected and prosecuted91
. An
81
Czech Court of Audit (2022), EU Report 2021 - Report on the EU Financial Management in the Czech
Republic, pp. 84-86.
82
The National Organized Crime Agency has supported the new role of European Public Prosecutors’ Office by
including cooperation with this Office within training for investigators.
83
EPPO, Annual Report 2021 – Czechia.
84
No decision was taken in further 3 cases. When OLAF concludes an investigation, it often issues
recommendations to the competent national and European authorities. OLAF invites these authorities to take
action to redress the fraud, corruption or other illegal activity uncovered by the investigation. OLAF’s
recommendations are intended to protect the EU budget and to uphold the rule of law. They help to ensure
that OLAF’s investigations act as a deterrent to potential fraudsters. OLAF Annual Report 2021, p. 45 and 51.
85
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 8.
86
Radio Prague International (2022), ‘Czech president sparks outrage with controversial pardon’ and Ceska
Televize (2022), ‘Zeman justified his pardon: Balak did not get rich from the Lanska Obora case’.
87
Human resources allocated to the Prosecution Service responsible for the prosecution of corruption consist of
327 public prosecutors specialised in corruption, including 22 prosecutors at the Prosecutor-General Office,
46 at the High Public Prosecution Offices, 71 at the Regional Public Prosecutors Offices, 188 at the District
Public Prosecutors Offices. Written contribution from the Prosecution Service in the context of the country
visit to Czechia.
88
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 8 and information
received from the National Organised Crime Agency and the prosecution service in the context of the country
visit to Czechia. In particular, the Tax Cobra programme was cited as an example of effective inter-agency
cooperation in the fight against tax avoidance and tax fraud.
89
Information received from the Ministry of Interior in the context of the country visit to Czechia and National
Organised Crime Agency (2021), Annual Report 2020, p. 50.
90
OECD (2021), Addendum to the follow-up to Phase 4 Report.
91
Information received from the prosecution service in the context of the country visit to Czechia.
11
awareness-raising campaign on foreign bribery, aimed at Czech companies, was also carried
out92
.
Conflict of interest legislation is being revised after issues with its practical application
emerged in previous years. Revised legislation on conflicts of interest93
was put forward by
a group of members of Parliament in December 2021 and received support from the new
Government (see also below, Section III). The revision considers that the currently applicable
legislation, which covers all public officials (including ministers, state secretaries, members of
Parliament, etc.)94
, needed to be updated in particular to clarify the definition of the actual
beneficial owner of certain companies or conglomerates95
. This also includes a prohibition on
the acceptance of subsidies and investment incentives by public officials and companies they
actually own96
. The sanctioning mechanism would also be revised, with an increased focus on
applying mitigating measures before a fine is issued. While the Office for the Supervision of
the Finances of Political Parties and Movements97
would obtain additional powers to monitor
cases in relation to media ownership, no changes to the supervision regime are planned,98
despite a recommendation from GRECO in that respect99
. The draft legislation is still in the
parliamentary process.
The asset declaration regime is currently under revision to bring it into compliance with
a 2020 Constitutional Court ruling. While revised provisions on asset declarations were
initially included in the draft conflict of interest legislation (see above)100
, members of
Parliament decided to split off provisions on asset declarations and pass them in a separate bill,
due to the lenghty parliamentary process on the main bill101
. This separate bill, which aims to
accommodate the 2020 ruling of the Constitutional Court on asset declarations, was passed by
the Chamber of Deputies and the Senate in June 2022 and is now awaiting signature by the
President102
. The bill would set out rules on access and transparency of the declarations for the
public, mainly by including a prior request before being granted access to the register of
declarations. A further extension of the reporting obligations (such as declarations of spouses
92
Supreme State Prosecutor, Foreign Bribery.
93
Chamber of Deputies, Parliament Bill 110 – Amendment to the Conflict of Interest Act.
94
Input from Czechia for the 2022 Rule of Law Report, pp. 12-13.
95
Chamber of Deputies, Parliament Bill 110 – Amendment to the Conflict of Interest Act - Explanatory
Memorandum.
96
Chamber of Deputies, Parliament Bill 110 – Amendment to the Conflict of Interest Act - Explanatory
Memorandum.
97
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 10.
98
Chamber of Deputies, Parliament Bill 110 – Amendment to the Conflict of Interest Act - Explanatory
Memorandum.
99
GRECO recommends ‘giving an independent monitoring mechanism the clear mandate, powers and adequate
resources to verify in depth the declarations submitted, to investigate irregularities and to initiate proceedings
and impose effective, proportionate and dissuasive sanctions if the rules are violated.’ GRECO Fourth
Evaluation Round - Interim Compliance Report, recommendation v, paras. 28-35.
100
Obligations on asset declaration changed following a Constitutional Court ruling – see 2021 Rule of Law
Report, Country Chapter on the rule of law situation in Czechia, p. 10.
101
Chamber of Deputies, Parliament Bill 192. See also iRozhlas, ‘It distributes billions in subsidies, but is not
covered by change in the law on conflict of interest. That will change, say MPs’.
102
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 10. Although in its
judgment Pl. US 4/17 of 11 February 2020 the Constitutional Court rejected the claim to strike down parts of
the Act No. 159/2006, on Conflict of Interests, the Court criticised several of its provision for their
unenforceability. Explanatory Report to Parliament Bill 110, p. 9 and Explanatory Report to Parliament Bill
192, p. 4-5.
12
and dependents) is not taken up in this law103
, although a GRECO recommendation on this
topic remains outstanding104
.
Ethics rules for civil servants are being reviewed while a comprehensive ethics framework
for both chambers of the Parliament remains lacking. As mentioned in the 2021 Rule of
Law Report, there are no codes of ethics in place, and a comprehensive framework is lacking
in relation to gifts and benefits for members of Parliament105
. The draft of the revised Code of
Ethics for Members of the Chamber of Deputies, a code of conduct which has been debated in
the Parliament since 2020106
, was not approved and lapsed following the end of the
parliamentary term. Since the beginning of the new parliamentary term, no further activity on
this issue has been noted107
. The Senate remains without a Code of Ethics, nor are there any
current plans to establish one108
. The recommendations from GRECO to adopt a Code of Ethics
in both chambers of Parliament thus remain unfulfilled109
. The existing Code of Ethics for the
civil service is under review, with the aim to make it more easily understandable and
practicable110
.
Post-employment rules are in place for a limited number of civil servant positions and
some parts of the Government but could be improved and better monitored. Overall, rules
on ‘revolving doors’ remain unchanged. A limited number of civil service positions111
have a
mandatory one-year cooling-off period from working in the same sector. This concerns mostly
positions dealing with sensitive matters such as public procurement for certain sectors112
. While
the existing law on conflicts of interest provides for a one-year cooling-off period for
Government members and top-level positions before taking up roles with a company that has
had Government contracts in the past three years, it relies on the same sanctioning mechanism
as conflicts of interest issues, which is currently being revised. The existing register of
governmental contracts, in which it is compulsory for government institutions to publish the
contracts they conclude113
, continues to be cited as a good practice that facilitates overall
transparency and the discovery of irregularities114
.
103
Chamber of Deputies, Parliament Bill 110 – Amendment to the Conflict of Interest Act - Explanatory
Memorandum and Chamber of Deputies, Explanatory Report to Parliament Bill 192, p. 4-5; Contribution from
Glopolis for the 2022 Rule of Law Report. This issue was the subject of a recommendation from GRECO
Fourth Evaluation Round - Interim Compliance Report, recommendation iii, paras. 18-22 and contribution
from GRECO for the 2022 Rule of Law report.
104
GRECO Fourth Evaluation Round – Interim Compliance report, recommendation iii, paras. 18-22 and
contribution from GRECO for the 2022 Rule of Law report.
105
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 9.
106
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 9.
107
Written contribution received from the Czech Parliament in the context of the country visit to Czechia.
108
Written contribution received from the Czech Parliament in the context of the country visit to Czechia.
109
GRECO Fourth Evaluation Round – Interim Compliance report, Czechia , recommendation ii, paras. 13-17
and contribution from GRECO for the 2022 Rule of Law report.
110
The redrafted code could include case studies or an advisory commission for civil servants on ethical issues,
but drafting remains ongoing. Information received from the Ministry of Interior in the context of the country
visit to Czechia.
111
Currently 44 positions across the civil service fall under these rules. See input from Czechia for the 2022 Rule
of Law Report, p. 9.
112
Input from Czechia for the 2022 Rule of Law Report, p. 9 and Information received from the Ministry of
Internal Affairs in the context of the country visit to Czechia.
113
2020 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 9.
114
Information received from Frank Bold in the context of the country visit to Czechia.
13
The proposed legislation on lobbying was not adopted before the parliamentary elections
and the new Government is yet to propose similar legislation. The proposed lobbying
regulation, as referred to in the 2021 Rule of Law Report115
, was not adopted before the end of
the Parliamentary term in October 2021, and therefore lapsed116
. Similar draft legislation,
including a legislative footprint and a transparency register117
, is expected to be re-submitted
to the new Government for its approval by the end of December 2022118
. Some stakeholders
have raised doubts regarding the Government’s commitment in this regard119
, notably as the
new Government’s programme statement did not explicitly include a mention of this pending
revision120
Concerns have been raised that in the absence of such legislation, the transparency
of contacts with lobbyists remains low121
.
Political party financing legislation is in place, though challenges remain with
implementation in practice. Extensive legislation on political party financing is in place and
is broadly applied122
. Issues remain, however, with the verification of donations limits and the
monitoring of advertising rules being particularly challenging123
. The Office for the
Supervision of the Finances of Political Parties and Movements is planning to conduct an
analysis of gaps in the legislation of political party financing by the end of this year and to
propose further steps124
.
Amendments to the Constitution to strengthen the Supreme Audit Office have not been
approved. The constitutional amendments, as discussed in the 2021 Rule of Law Report, were
voted down in the Senate (after previous approval in the Chamber of Deputies)125
. The
legislation would have extended the mandate of the Supreme Audit Office, allowing it to also
audit the public spending of local governments and state-owned companies (i.e. majority-
owned or controlled by the state or a local government)126
. The re-submission of legislation to
extend the mandate has been included in the new Government programme127
. No changes are
foreseen regarding political nominations at state-owned enterprises128
, despite criticism in that
regard, as reported in the 2021 Rule of Law Report129
. The independent Personnel Nomination
115
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 9.
116
Input from Czechia for the 2022 Rule of Law Report, pp. 23-24.
117
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 9.
118
Input from Czechia for the 2022 Rule of Law Report, pp. 23-24 and Czech Government, Legislative Work
Plan for 2022, p. 23. Czechia has committed to approving this legislation under its Recovery and Resilience
Plan. See European Commission, Annex to the Proposal for a Council Implementing Decision on the approval
of the assessment of the recovery and resilience plan for Czechia, pp. 129-130.
119
Transparency International (2022), Anti-corruption priorities of the Czech Government of Transparency
International 2022/2023 and information received from Transparency International in the context of the
country visit to Czechia.
120
Czech Government (2022), Government Program Statement – Justice and Law.
121
GRECO Fourth Evaluation Round – Interim Compliance Report, recommendation i, paras. 7-12 and
contribution from GRECO for the 2022 Rule of Law Report.
122
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 10 and input from
Czechia for the 2022 Rule of Law Report, pp. 10-11.
123
Information received from the Office for the Supervision of the Finances of Political Parties and Movements
in the context of the country visit to Czechia.
124
Information received from the Office for the Supervision of the Finances of Political Parties and Movements
in the context of the country visit to Czechia.
125
Information received from the Supreme Audit Office in the context of the country visit to Czechia.
126
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 11.
127
Czech Government (2022), Government Program Statement – Legislation.
128
Written contribution received from the Personnel Nomination Committee in the context of the country visit to
Czechia.
129
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 11.
14
Committee indicates current rules ensure both transparent and public selection of persons
representing the state in the management and supervisory bodies of these companies130
.
A reform of the whistleblower protection legislation is ongoing. As the revised legislation,
aiming to transpose the EU Whistleblower Directive,131
was not approved in Parliament before
the end of its term, it lapsed132
. The revised legislation is expected to be re-approved by the
government during 2022, with slight amendments compared to the previous draft reforms, in
particular relating to the scope of crimes covered133
, after which it will have to be taken up by
Parliament.
Corruption-risks related to the COVID-19 pandemic are being audited and analysed. An
internal audit in the health sector in the course of the COVID-19 pandemic helped identify a
new approach to mitigating corruption risks for the Ministry of Health134
. The Court of Audit
is also looking into the Government’s COVID-19 response. An initial audit found signs of
inefficiencies, a decrease in transparency in the purchase of personal protective equipment135
and chaos and improvisation in the construction of IT systems to manage the pandemic136
.
Further audits are ongoing on the pay-out of a Government bonus linked to the COVID-19
measures137
.
III. MEDIA PLURALISM AND MEDIA FREEDOM
Freedom of expression and the right to information are guaranteed by the Czech Charter of
Fundamental Rights and Basic Freedoms. The Act on Radio and Television Broadcasting,
guarantees the independence of the Czech media regulator while the Czech Television Act
provides the framework for the supervision and independence of Czech public service media.
The Act on Free Access to Information138
regulates access to information held by public
authorities139
.
The independence of the media regulator, the Council for Radio and Television
Broadcasting, is expected to be strengthened via pending amendements to the Act on
Radio and Television Broadcasting. The reform geared at, among others, transposing the
AVMS Directive140
including by a strengthening of the independence of the media regulator,
scheduled for August 2020141
was not approved by the Parliament before the end of its term,
130
Written contribution received from the Personnel Nomination Committee in the context of the country visit to
Czechia.
131
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 11.
132
Input from Czechia for the 2022 Rule of Law Report, pp. 8-9.
133
Information received from the Ministry of Justice in the context of the country visit to Czechia. Czechia has
committed to approving this legislation under its Recovery and Resilience Plan. See European Commission,
Annex to the Proposal for a Council Implementing Decision on the approval of the assessment of the recovery
and resilience plan for Czechia, p.129- 130. It also needs to transpose Commission Regulation 2019/1939.
134
Input from Czechia for the 2022 Rule of Law Report, p. 14.
135
Czech Republic Supreme Audit Office (2022), Press release on Audit No 20/32.
136
Czech Republic Supreme Audit Office (2022), Press release on Audit No 21/35.
137
Written contribution received from the Czech Court of Audit in the context of the country visit to Czechia.
138
A draft act amending the Act and transposing Directive (EU) 2019/1024 on open data and the re-use of public
sector information was submitted to the Czech Parliament for approval in May 2022.
139
Czechia ranks 20th in the 2022 Reporters without Borders World Press Freedom Index compared to 40th in
the previous year.
140
Directive (EU) 2018/1808 of 14 November 2018. On 19 May 2022 the Commission decided to refer Czechia
to the Court of Justice of the European Union over its failure to transpose the Directive.
141
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 12.
15
and consequently lapsed142
. The new Government subsequently submitted a very similar
proposal to Parliament143
. The proposed amendments144
would eliminate the role of the Prime
Minister in the nomination and dismissal of Council members as they would place both
procedures fully in the hands of the Chamber of Deputies. The reform would simultaneously
limit the power of the Chamber of Deputies in the sense that only the dismissal of individual
Council members would be possible, thereby strengthening the independence of the Council
as a body. Furthermore, the amendments would require the Parliament to provide substantiated
reasons for any dismissal decision and would expressly provide for a right of reply and a right
of defense before the Chamber of Deputies for any member facing dismissal.
Concerns voiced with regard to the selection process and the independence of the
members of the Czech TV supervisory board145
have led to calls for an overhaul of the
relevant provisions of the Czech Television Act146
. Under the Act, the supervisory functions
of Czech public service media television and radio are the responsibility, respectively, of the
Czech Television Council (15 members) and the Czech Radio Council (nine members). Under
the current legislation Council members are appointed for a 6-year term by the Chamber of
Deputies following nominations made by ‘organizations and associations representing cultural,
regional, social, trade union, employer, religious, educational, scientific, environmental and
national interests’147
. The Councils, by qualified majority, appoint the relevant Directors-
General whose salaries are subject to Council approval. The Directors-General must seek the
relevant Council’s approval when appointing studio directors and must consult the Council
prior to filling or vacating senior management positions. The Councils may remove a Director-
General from office by a two-thirds majority if, in the opinion of the Council, he or she has not
ensured the fulfilment of the broadcaster’s public service role. While the Act ensures editorial
independence by expressly stipulating that the Councils shall have no say in programming148
,
the current system does not prevent the political majority in the Chamber of Deputies, via
political influence over the Councils, from securing the dismissal of a Director-General. A bill
currently under discussion would distribute nominations to the relevant Councils between the
Chamber of Deputies and the Senate. Law No. 348/2005 governs the funding of Czech public
service media which is, apart from advertising revenues, largely dependent on a fee levied on
households. It has been pointed out that the amount of the fee, which has not been revised since
2008, will not provide sufficient funding going forward unless it is raised149
. Due to these
concerns, the Media Pluralism Monitor (MPM) 2022 now considers the independence of public
service media governance and funding to be an area presenting high risk150
.
142
Input from Czechia for the 2022 Rule of Law Report, p. 18.
143
Ibid.
144
Government Bill on Video Sharing Platform Services and amending certain related acts, part of the Czech
Republic’s transposition of Directive (EU) 2018/1808 on Audiovisual Media Services. Chamber of Deputies
Print no. 30, https://www.psp.cz/sqw/text/historie.sqw?o=9&T=30.
145
The concerns were well documented here: European Broadcasting Union (2021), ‘Public service media in the
Czech Republic under threat’; International Press Institute (2021), ‘Concerns over increased meddling in
independence of Czech public broadcaster’; Public Media Alliance, (2021), ‘The threat facing Czech TV’;
2021 Media Pluralism Monitor, Czech Republic, p. 12.
146
Act No. 483/1991.
147
Art. 4(2) of the Act No. 483/1991; Art. 4(2) of the Act No. 484/1991.
148
An internal Code of Conduct secures editorial independence within the organisations.
149
Information received in the context of the country visit to Czechia from the Director General of the Czech
Television.
150
2022 Media Pluralism Monitor, Czech Republic, p.13-14.
16
Reforms have partially addressed concerns relating to lack of media ownership
transparency . The reforms introduced in 2021151
which guarantee public access, via a registry
held by the Ministry of Justice, to a limited amount of ownership information, and establish
mechanisms enabling certain authorities to sanction the absence of required data are considered
to only partially address the issue. Given that the system obliges companies to provide
information about their ultimate owners does not provide for disclosure of full ownership
structures to the general public, outside of the Public Register of Corporate Entities, the Media
Pluralism Monitor (MPM) 2022 once more considers this as a high risk area, albeit with a
reduced risk level152
. Currently the Council for Radio and Television Broadcasting does not
have access to the entirety of the data held by the Ministry of Justice and has asked for a remedy
thereto153
. High concentration continues to characterise different media sub-sectors, in
particular the regional daily press market154
.
Concerns persist with regard to political independence of the media due to the conflation
of political and media interests. This has mainly concerned the former Prime Minister’s
media interests as well as certain other media owners who have either been active in politics
or who have openly declared their political ambitions155
. In the case of the former Prime
Minister, though his company Agrofert has been in a trust fund since 2017, he is nonetheless
still regarded as its beneficial owner156
. With a view to addressing this problem, a group of
MPs representing the governing political parties have drafted an amendment to the Conflict of
Interest Act157
(see also above, Section II) which would strengthen the current conditions and
preventing active politicians from any form of involvement in print or audio-visual media
business exceeding certain revenue thresholds158
. Furthermore, the fact that there are no rules
ensuring transparency in state advertising exacerbates suspicions of favouritism by state-owned
companies to media close to the government159
.
Support for the needs of journalists and their working conditions is missing while legal
and verbal harassment of journalists remains part of the political landscape. The alerts
registered since the publication of the last rule of law report and published by the Council of
Europe Platform to promote the protection of journalism and the safety of journalists, concern
a defamation case lodged by the former Deputy Prime Minister against a media house, a verbal
attack on a journalist by the former Prime Minister on the campaign trail, a criminal complaint
lodged against an editor and a cyber attack against a news website160
. According to the Media
Pluralism Monitor, the main professional association representing journalists, the Czech
151
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p.12-13.
152
2022 Media Pluralism Monitor, Czech Republic, p.11.
153
Written contribution from the Council for Radio and Television Broadcasting in the context of the country
visit.
154
The Czech media market is dominated by a handful of media houses involved in print, broadcasting as well as
online sectors. The level of concentration is particularly striking in the (economically most vulnerable)
regional media market, with the segment of the regional daily press being effectively monopolized. See 2021
Media Pluralism Monitor, Czech Republic, p. 10.
155
2022 Media Pluralism Monitor, Czech Republic, p.13.
156
Final report on the audit of the functioning of the management and control systems in place to avoid conflict
of interest in Czechia, carried out by the Commission’s Directorates-General for Regional and Urban Policy
and Employment, Inclusion and Social Affairs, published in 2021.
157
Act No. 159/2006.
158
Written input provided by the Czech authorities for the 2022 Rule of Law Report.
159
2022 Media Pluralism Monitor, Czech Republic, p.13.
160
Council of Europe, Platform to promote the protection of journalism and the safety of journalists, the Czech
Republic.
17
Syndicate of Journalists, is weak, meaning that ‘the necessary support for the specific needs of
journalists and their working conditions is missing’.161
. Unlike most sectors of the economy,
the media sector did not receive relief funding from the COVID-19 recovery fund established
by the government.
IV. OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES
Czechia has a bicameral parliamentary system of government162
with a directly elected
President. Legislative proposals can be submitted by a member of the Chamber of Deputies, a
group of members of the Chamber of Deputies, the Senate, the Government, or representative
bodies of higher self-governing regions163
. The Constitutional Court can carry out ex-post
constitutional review. In addition to the justice system, the Ombudsperson’s Office and civil
society play a role in the system of checks and balances.
The number of acts adopted in accelerated legislative procedure has decreased. Between
February 2021 and November 2021, out of total 74 approved acts 11 acts were adopted in the
shortened emergency legislative procedure and 10 acts were adopted in a fast-track legislative
procedure164
, which represents a decrease in comparison to the 60 acts adopted in the shortened
emergency legislative procedure during the last reporting period165
. As in the preceding
reporting period, some of these acts were not related to the COVID-19 pandemic166
.
On 1 January 2022, Czechia had two leading judgments of the European Court of Human
Rights pending implementation167. At that time, Czechia’s rate of leading judgments from
the past 10 years that remained pending was only at 5% and the average time that the judgments
had been pending implementation was 7 years and 8 months168
. This figure is influenced by a
case pending implementation for 14 years, which concerns discrimination in education of
Roma children169
. On 1 July 2022, the number of leading judgments pending implementation
remains two170
.
161
2022 Media Pluralism Monitor, Czech Republic, p. 10.
162
Composed of the lower chamber, the Chamber of Deputies and the higher chamber, the Senate.
163
Constitution of Czechia, Art. 41.
164
Input from Czechia for the 2022 Rule of Law Report, p. 26.
165
Out of the total 128 approved acts between January 2020 and mid-February 2021. 2021 Rule of Law Report,
Country Chapter on the rule of law situation in Czechia, p. 14. In 2022, several acts were enacted in the
emergency legislative procedure in reaction to the influx of refugees from Ukraine and in reaction to the
economic situation.
166
Information collected from the website of the Chamber of Deputies
https://www.psp.cz/sqw/sntisk.sqw?o=8&F=N.
167
The adoption of necessary execution measures for a judgment by the European Court of Human Rights is
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group
cases against a State requiring similar execution measures, particularly general measures, and examine them
jointly. The first case in the group is designated as the leading case as regards the supervision of the general
measures and repetitive cases within the group can be closed when it is assessed that all possible individual
measures needed to provide redress to the applicant have been taken.
168
All figures are calculated by the European Implementation Network and are based on the number of cases that
are considered pending at the annual cut-off date of 1 January 2022. See the Contribution from the European
Implementation Network for the 2022 Rule of Law Report, p. 36.
169
Judgment of the European Court of Human Rights of 13 November 2007, D.H. and Others v. the Czech
Republic, 57325/00, pending implementation since 2007.
170
Data according to the online database of the Council of Europe (HUDOC).
18
Validity of the Pandemic Act has been extended until November 2022 after public debate.
Following several extensions and declaration of states of emergency in 2020 and early 2021171
,
the Government declared a state of emergency due to the COVID-19 pandemic again as of 26
November 2021. It lasted until 25 December 2021. Another state of emergency was declared
as of 4 March 2022 in reaction to the situation of the large number of refugees arriving from
Ukraine172
. The Pandemic Act, adopted in February 2021, as reported in the 2021 Rule of Law
Report173
, was reviewed by the Constitutional Court174
, which upheld the majority of the Act175
.
The sections of the Act which regulate extraordinary measures were originally valid only until
28 February 2022, however after political discussions176
, their validity was extended until 30
November 2022177
. The Act contains a list of measures which may be adopted to address the
COVID-19 pandemic178
if a “state of pandemic emergency” is declared179
, and sets forth the
conditions of their judicial review180
. The state of pandemic emergency was declared from 27
February 2021 to 5 May 2022181
.
Judicial review of pandemic measures has continued, and an audit was conducted by the
Ministry of Health to identify shortcomings in the process of their adoption. The
administrative courts, the Supreme Administrative Court and the Constitutional Court have
continued to review measures and laws enacted in the context of the COVID-19 pandemic182
.
Several measures were annulled, chiefly due to lack of proper justification of the measure and
a lack of competence for its adoption. Courts also found that certain measures were re-enacted
immediately after having been struck down, without remedying the identified shortcomings183
.
In reaction to a high number of measures declared unlawful by courts, the Ministry of Health
conducted an internal audit to analyse the process of drafting of the measures184
. The audit
concluded in August 2021 found that the process of adoption of measures lacked methodology
171
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 14-15.
172
Input from Czechia for the 2022 Rule of Law Report, pp. 14-15. The state of emergency was declared in order
to enable the police and state administration to process faster the support to and registrations of the large
number of refugees arriving from Ukraine, without limiting human rights and freedoms. On 29 March 2022
and again on 19 May 2022 the Chamber of Deputies agreed to the extension of the state of emergency.
173
2021 Rule of law Report, Country Chapter on the rule of law situation in Czechia, p. 15.
174
Judgment of the Constitutional Court of 7 December 2022, No. Pl. ÚS 20/21.
175
The Constitutional Court struck down a part of the law regarding the determination of damages provided for
measures related to the COVID-19 pandemic. For further information see also Contribution from the
Conference of European Constitutional Courts for the 2022 Rule of Law Report, p. 14.
176
The draft was subject to obstructions in the Chamber of Deputies and rejected by the Senate. The Chamber of
Deputies then overruled the Senate’s rejection. Senators criticised among others the fact that the Chamber of
Deputies adopted the Act in a state of legislative emergency. Speech of Senator Holasek, rapporteur of the
Opinion of the Constitutional Committee of the Senate, during the discussion in the Senate of 10 February
2022.
177
Act No. 39/2022, amending Act No. 94/2021. The Amendment was challenged before the Constitutional Court
by a group of Members of the Parliament, the proceedings are pending.
178
Sec. 2 of Act No. 94/2021 on extraordinary measures during the COVID-19 disease.
179
The state of pandemic emergency is declared and recalled by the Chamber of Deputies on proposal of the
Government or 1/5 of the Members of the Chamber of Deputies. Sec 1(3) of Act No. 94/2021.
180
Depending on the authority which adopted them, the measures can be reviewed by the Supreme Administrative
Court or an administrative court. The proceedings can continue even after the measure in question has been
changed or cancelled. Sec. 13 of the Act No. 94/2021; Input from Czechia for the 2022 Rule of Law Report,
p. 28.
181
Information received from the Ministry of Health.
182
Input from Czechia for the 2022 Rule of Law Report, p. 28.
183
Input from Czechia for the 2022 Rule of Law Report, p. 29.
184
Input from Czechia for the 2022 Rule of Law Report, p. 28 - 32.
19
and pointed to issues of competency. It also concluded that judgments of the Supreme
Administrative Court were not always respected185
.
The projects ‘eCollection’ and ‘eLegislation’, which have suffered from delays, are
ongoing. The projects aim to set up portals, which would enable easier control and participation
in the legislative process186
. As already reported in the 2021 Rule of Law Report187
, they were
delayed due to the state of emergency and to the impact of restrictions related to the COVID-
19 pandemic but continue. When operational, they will increase the transparency of the
legislative drafting and amendment process, make it fully digitalised and make accessible both
the consolidated and amended versions of promulgated legislation and other related documents
to the public188
. The projects are expected to be fully operational from 1 January 2024.
No steps have been made towards acting on recommendations for the establishment of a
National Human Rights Institution (NHRI) compliant with the Paris principles. As
already reported in the 2020 Rule of Law Report189
, despite recommendations from the UN
Universal Periodic Review (UPR)190
, Czechia has not yet established a national human rights
institution (NHRI) in line with the Paris Principles. There are no specific plans in this regard
by the Government191
. The Public Defender of Rights (Ombudsperson) performs some of the
duties of a NHRI192
. However, it does not have the broad mandate to promote and protect
human rights as required by the Paris Principles193
. Stakeholders reiterated194
concerns over
statements and conduct of the current Public Defender of Rights, in particular regarding Roma
or LGBTIQ people195
. The draft law on the Defender of Children´s Rights, mentioned in the
2021 Rule of Law Report196
, was not adopted in time before the end of the legislative period
in autumn 2021. The Government has no current plans to submit a new proposal197
.
Work is ongoing to enhance the participation of civil society in policy-making processes.
Stakeholders reported that professional and business organisations are regularly consulted in
the decision-making process198
, while involvement of civil society organisations (CSOs) is
185
Written contribution from the Ministry of Health in the context of the country visit.
186
The eLegislation project brings new drafting tools and procedures into the process of drafting, discussing and
promulgating primary and secondary legislation. At the end of the drafting process, these tools update the
database of the eCollection, which provides verified texts of Czech legislation and its consolidated versions.
The project is co-funded by EU funds.
187
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 15.
188
Input from Czechia for the 2022 Rule of Law Report, p. 24 and information provided in the context of the
country visit to Czechia from the Ministry of Interior.
189
2020 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 13.
190
Recommendations received in November 2017 and adopted by the Human Rights Council in March 2018.
191
Information provided in the context of the country visit to Czechia from the Office of the Government.
192
Contribution from the European Network of National Human Rights Institutions for the 2022 Rule of Law
Report, p. 187 ;Contribution from proFem – Center for Victims of Domestic and Sexual Violence for the 2022
Rule of Law Report, p. 18.
193
Principles relating to the Status of National Institutions.
194
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 16.
195
Contribution from the European Civic Forum for the 2022 Rule of Law Report, p. 20; Contribution from the
Network for Protection of Democracy for the 2022 Rule of Law Report, p. 18; Contribution from ILGA-
Europe for the 2022 Rule of Law Report, p. 8; Contribution from Glopolis for the 2022 Rule of Law Report,
pp. 25-26, 29.
196
2021 Rule of Law Report, Country Chapter on the rule of law situation in Czechia, p. 15.
197
Information provided in the context of the country visit to Czechia from the Office of the Government.
198
Information received in the context of the country visit to Czechia from the Czech Union of Judges, the
Supreme Court, the Supreme Administrative Court, Czech Union of Public Prosecutors and the Bar
Association.
20
much less systematic199
. The Strategy for Cooperation between Public Administration and
NGOs from July 2021200
contains concrete measures to support effective partnership and
cooperation between public administration and the non-profit sector. A public consultation was
organised in January 2022 on a draft methodology for the participation of civil society
representatives in advisory and working bodies of the government and in the development of
state administration documents. The main goal of the methodology is to contribute to the
effective use of participatory processes within advisory and working bodies and in the
development of public policies, strategic materials, legislative and other non-legislative
materials by individual ministries and other central administrative authorities. Following the
approval of the finalized methodology by the Government Council of NGOs, selected
ministries will carry out its validation until the end of 2024201
.
Concerns have been expressed regarding obstacles to accessing public funding by civil
society organisations. While the general regulatory framework for freedom of association,
expression and assembly is set-out and implemented fairly202
, the space for civil society has
been downgraded from open to narrowed over concerns over declining media independence203
.
Certain stakeholders report obstacles in access to public funding for certain types of CSOs, in
particular those engaged in environmental, rule of law, LGBTIQ or asylum-related issues and
advocacy. They consider that there is a high administrative burden which creates further
obstacles to access public funding, and that the termination of a tax exemption for entities
carrying out public benefit activities also limits funding204
. Negative public discourse, targeting
in particular CSOs raising awareness of developments linked to conflict of interest and
corruption, or LGBTIQ activists, has also been reported205
.
199
Contribution from the European Civic Forum for the 2022 Rule of Law Report, p. 22; Contribution from
Glopolis for the 2022 Rule of Law Report, p. 24.
200
Czech Government (2021), Strategy of cooperation of public administration with non-governmental non-profit
organizations for the years 2021 to 2030, July 2021.
201
Input from Czechia for the 2022 Rule of Law Report, p. 40.
202
Contribution from European Civic Forum for the 2022 Rule of Law Report, p. 21.
203
Rating given by CIVICUS. Ratings are on a five-category scale defined as: open, narrowed, obstructed,
repressed and closed.
204
Contribution from the European Civic Forum for the 2022 Rule of Law Report, pp. 21-22; Contribution from
Glopolis for the 2022 Rule of Law Report, p. 28; Contribution from the Organisation for Aid to Refugees for
the 2022 Rule of Law Report, p. 20; Contribution from proFem – Center for Victims of Domestic and Sexual
Violence for the 2022 Rule of Law Report, p. 19.
205
Contribution from Glopolis for the 2022 Rule of Law Report, p. 28; Contribution from Síť na ochranu
demokracie for the 2022 Rule of Law Report, p. 20; Contribution from European Civic Forum for the 2022
Rule of Law Report, p. 6; Contribution from ILGA-Europe for the 2022 Rule of Law Report, p. 9.
21
Annex I: List of sources in alphabetical order*
* The list of contributions received in the context of the consultation for the 2022 Rule of Law report
can be found at https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en.
Associated Press (2022), Former Czech Prime Minister Babiš indicted in fraud case
https://apnews.com/article/europe-andrej-babis-prague-indictments-european-union-
984f8b8d12ceb2f2d0e00899759d80ee.
Centre for Media Pluralism and Media Freedom (2021), Media pluralism monitor 2021 – country report
on Czechia https://cmpf.eui.eu/mpm2021-
results/#:~:text=The%20Media%20Pluralism%20Monitor%202021%20%28MPM2021%29%20is%2
0a,2020.%20This%20is%20the%20fourth%20MPM%20EU-wide%20implementation.
Centre for Media Pluralism and Media Freedom (2022), Media pluralism monitor 2022 – country report
on Czechia.
Česká justice (2022), College of Court Presidents: Amendment of the Act on courts and judges
complicated the selection of new presidents (Kolegium šéfů soudů: Novela zákona o soudech a soudcích
znemožňuje výběr nových předsedů) https://www.ceska-justice.cz/2022/04/kolegium-sefu-soudu-
novela-zakona-o-soudech-a-soudcich-znemoznuje-vyber-novych-predsedu/.
Česká televize (2022), Zeman justified his pardon: Balak did not get rich from the Lanska Obora case
(Balák se v případu Lánské obory neobohatil, zdůvodnil Zeman milost)
https://ct24.ceskatelevize.cz/domaci/3467040-balak-se-v-pripadu-lanske-obory-neobohatil-zduvodnil-
zeman-milost.
Chamber of Deputies, Parliament bill 110 – Amendment to the conflict of interest act (Sněmovní tisk
110 - Novela z. o střetu zájmů) https://www.psp.cz/sqw/historie.sqw?o=9&T=110.
Chamber of Deputies, Parliament bill 110 – Amendment to the conflict of interest act – Explanatory
Memorandum (Sněmovní tisk 110 - Novela z. o střetu zájmů - duvode zpravy)
https://www.psp.cz/sqw/text/tiskt.sqw?O=9&CT=110&CT1=0.
Chamber of Deputies, Parliament bill 192 – Amendment to the conflict of interest act (Sněmovní tisk
110 - Novela z. o střetu zájmů) https://www.psp.cz/sqw/historie.sqw?t=192.
Chamber of Deputies, Parliament bill 192 – Amendment to the conflict of interest act – Explanatory
Memorandum (Sněmovní tisk 192/0 - Novela z. o střetu zájmů – RJ – duvode zpravy)
https://www.psp.cz/sqw/text/tiskt.sqw?O=9&CT=192&CT1=0.
Council of Europe: Committee of Ministers (2010), Recommendation CM/Rec(2010)12 of the
Committee of Ministers to member states on judges: independence, efficiency and responsibilities.
Council of Europe, Platform to promote the protection of journalism and safety of journalists – Czech
Republic https://fom.coe.int/en/alerte?years=2022&typeData=1&time=1653914309287.
Council of Europe: Venice Commission (2010), Report on the Independence of the Judicial System
Part II: The Prosecution Service (CDL-AD(2010)004).
Council of Europe: Venice Commission (2016), Rule of Law Checklist (CDL-AD(2016)007).
Council for Radio and Television Broadcasting (2022), Written contribution from the Council for Radio
and Television Broadcasting for the 2022 Rule of Law Report in the context of the country visit.
CIVICUS, Monitor tracking civic space – Czech Republic https://monitor.civicus.org/country/czech-
republic/.
Czech Constitutional Court, judgment of 7 December 2022, Pl. ÚS 20/21.
Czech Court of Audit (2022), EU Report 2021 - Report on the EU Financial Management in the Czech
Republic https://www.nku.cz/assets/publications-documents/eu-report/eu-report-2021-en.pdf.
22
Czech Court of Audit (2022), Written contribution from the Czech Court of Audit for the 2022 Rule of
Law Report in the context of the country visit.
Czech Government (2021), Strategy of cooperation of public administration with non-governmental
non-profit organizations for the years 2021 to 2030 (Strategie spolupráce veřejné správy s nestátními
neziskovými organizacemina léta 2021 až 2030)
https://www.vlada.cz/assets/ppov/rnno/dokumenty/Strategie_NNO_2021_2030.pdf.
Czech Government (2022), Government Program Statement – Justice and Law
https://www.vlada.cz/cz/programove-prohlaseni-vlady-193547/#spravedlnost_a_pravo.
Czech Government (2022), Government Program Statement – Legislation
https://www.vlada.cz/cz/programove-prohlaseni-vlady-193547/#legislativa.
Czech Government (2022), Input from Czechia for the 2022 Rule of Law Report.
Czech Government (2022), Program manifesto of the Government of 7 January 2022
https://www.vlada.cz/cz/jednani-vlady/programove-prohlaseni/programove-prohlaseni-vlady-
193547/.
Czech Government, Anti-Corruption Strategy https://korupce.cz/protikorupcni-dokumenty-vlady/na-
leta-2018-az-2022/.
Czech Government (2022), Legislative Work Plan for 2022, 322/2022,
https://apps.odok.cz/attachment/-/down/NANACE58UGS3.
Czech Parliament (2022), Written contribution from the Czech Parliament for the 2022 Rule of Law
Report in the context of the country visit.
Czech Republic Supreme Audit Office (2022), Press release on Audit No 20/32
https://www.nku.cz/scripts/detail.php?id=11761.
Czech Republic Supreme Audit Office (2022), Press release on Audit No 21/35
https://www.nku.cz/scripts/detail.php?id=12508.
Czech Union of Judges (2022), Statement of the Council (Prohlášení Republikové rady SU ČR)
https://www.soudci.cz/zpravy-a-stanoviska/pohledy-a-nazory/3251-prohlaseni-republikove-rady-su-
cr-z-20--1--2022.html.
Czech Union of Public Prosecutors (2022), Opinion of the Union of Public Prosecutors on salary cuts
in the judiciary (Stanovisko Unie státních zástupců ke snižování platů v justici)
https://www.uniesz.cz/stanovisko-unie-statnich-zastupcu-k-snizovani-platu-v-justici/.
Directive (EU) 2018/1808 on the coordination of certain provisions laid down by law, regulation or
administrative action in Member States concerning the provision of audiovisual media services
(Audiovisual Media Services Directive) in view of changing market realities.
Directorate-General for Communication (2019), Flash Eurobarometer 482: businesses’ attitudes
towards corruption in the EU.
Directorate-General for Communication (2020), Special Eurobarometer 502: corruption.
Directorate-General for Communication (2022), Flash Eurobarometer 507: businesses’ attitudes
towards corruption in the EU.
Directorate-General for Communication (2022), Special Eurobarometer 523: corruption.
European Civic Forum (2022), Contribution from the European Civic Forum for the 2022 Rule of Law
Report.
EPPO, Annual Report 2021 – Czechia https://www.eppo.europa.eu/sites/default/files/2022-
03/CH2.6_EPPO-Annual-Report-2021-CZ.pdf.
European Broadcasting Union (2021), ‘Public service media in the Czech Republic under threat’
https://www.ebu.ch/news/2021/04/public-service-media-in-the-czech-republic-under-
23
threat#:~:text=Public%20service%20media%20in%20the%20Czech%20Republic%20under,the%20i
ndependence%20of%20Czech%20Television%20is%20under%20threat.
European Commission (2020), 2020 Rule of Law Report, Country Chapter on the rule of law situation
in Czechia.
European Commission (2021), Annex to the Proposal for a Council Implementing Decision on the
approval of the assessment of the recovery and resilience plan for Czechia
https://ec.europa.eu/info/sites/default/files/com-2021-431_annexe_en.pdf.
European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation
in Czechia.
European Commission (2021), Final report on the audit of the functioning of the management and
control systems in place to avoid conflict of interest in Czechia, carried out by Directorates general
Regional and Urban Policy (REGIO) and Employment, Inclusion and Social Affairs (EMPL).
European Commission (2022), EU Justice Scoreboard.
European Court of Human Rights, judgment of 13 November 2007, D.H. and Others v. the Czech
Republic, 57325/00.
European Implementation Network (2022), Contribution from the European Implementation Network
for the 2022 Rule of Law Report.
European Network of National Human Rights Institution (ENNHRI) (2022), Contribution from the
European Network of National Human Rights Institutions for the 2022 Rule of Law Report.
Glopolis (2022), Contribution from Glopolis for the 2022 Rule of Law Report.
GRECO (2016), Fourth Evaluation Round – Evaluation Report on Czechia on preventing corruption
in respect of members of parliament, judges and prosecutors.
GRECO (2020), Fourth Evaluation Round – Interim Compliance Report on Czechia on preventing
corruption in respect of members of
parliament, judges and prosecutors.
GRECO (2022), Contribution from GRECO for the 2022 Rule of Law Report.
Holásek Jan, Rapporteur of the Opinion of the Constitutional Committee of the Senate (2022), Speech
during the Senate discussion of 10 February 2022
https://www.senat.cz/xqw/xervlet/pssenat/hlasovani?action=steno&O=13&IS=6880&D=10.02.2022#
b22902.
Human Rights Council (2018), Universal Period Review – Czechia https://www.ohchr.org/en/hr-
bodies/upr/cz-index.
ILGA-Europe (2022), Contribution from ILGA-Europe for the 2022 Rule of Law Report.
International Press Institute (2021), ‘Concerns over increased meddling in independence of Czech
public broadcaster’ https://ipi.media/concerns-over-increasing-meddling-in-independence-of-czech-
public-broadcaster/.
iRozhlas (2022), “It distributes billions in subsidies, but is not covered by change in the law on conflict
of interest. That will change, say MPs” (Dělí miliardové dotace, mimo zákon ale stojí i po novele ke
střetu zájmů. Změna bude, slibují poslanci) https://www.irozhlas.cz/zpravy-domov/stret-zajmu-novela-
fond-rozdeluje-miliardy-agrofet-babis_2206030500_tec?utm_source=newsletter-
irozhlas&utm_medium=email&utm_campaign=daily-2022-06-03-N4184.
Ministry of Health (2022), Written contribution from the Ministry of Health for the 2022 Rule of Law
Report in the context of the country visit.
24
Ministry of Justice (2018), Government concept of the fight against corruption for the years 2018 to
2022 (Vládní koncepce boje s korupcí na léta 2018 až 2022) https://korupce.cz/protikorupcni-
dokumenty-vlady/na-leta-2018-az-2022/2021-2022/.
Ministry of Justice (2021), Anti-Corruption Action Plan for 2021 and 2022 (Akční plán boje proti
korupci na roky 2021 a 2022) https://korupce.cz/protikorupcni-dokumenty-vlady/na-leta-2018-az-
2022/2021-2022/.
Ministry of Justice (2021), Czech judiciary 2020: Annual statistical report
https://justice.cz/documents/12681/719244/Ceske_soudnictvi_2020.pdf/43b3020e-fc02-44a4-bb2c-
a124ce85f57b.
Ministry of Justice, Government Council for the Coordination of the Fight against Corruption (Rada
vlády pro koordinaci boje s korupcí) https://korupce.cz/rada-vlady/.
Ministry of Justice (2022), Evaluation of the implementation of the measures listed in the Anti-
Corruption Action Plan for 2021 and 2022 https://korupce.cz/protikorupcni-dokumenty-vlady/na-leta-
2018-az-2022/2021-2022/.
Ministry of Regional Development (2022), Written contribution from the Ministry of Regional
Development for the 2022 Rule of Law Report in the context of the country visit.
National Organised Crime Agency (2021), Annual Report 2020 https://www.policie.cz/clanek/vyrocni-
zprava-ncoz-2020.aspx.
Network for Protection of Democracy (2022), Contribution from the Network for Protection of
Democracy for the 2022 Rule of Law Report.
OECD (2021), Addendum to the follow-up to Phase 4 Report https://www.oecd.org/daf/anti-
bribery/Czech-Republic-Phase-4-Addendum-to-the-follow-up-report.pdf.
OLAF (2022), OLAF Annual Report 2021 https://ec.europa.eu/anti-fraud/system/files/2022-06/olaf-
report-2021_en_3.pdf.
Organisation for Aid to Refugees (2022), Contribution from the Organisation for Aid to Refugees for
the 2022 Rule of Law Report.
proFem – Center for Victims of Domestic and Sexual Violence (2022), Contribution from proFem –
Center for Victims of Domestic and Sexual Violence for the 2022 Rule of Law Report.
Public Media Alliance (2021), ‘The threat facing Czech TV’ https://www.publicmediaalliance.org/the-
threat-facing-czech-tv-ceska-
televize/#:~:text=Statement%20The%20threat%20facing%20Czech%20TV%20%28%C4%8Cesk%C
3%A1%20Televize%29,and%20its%20vital%20role%20in%20the%20country%E2%80%99s%20de
mocracy.
Radio Prague International (2022), Czech president sparks outrage with controversial pardon, 30
March 2022 https://english.radio.cz/czech-president-sparks-outrage-controversial-pardon-8746286 /.
Regulation (EU) 2019/1939 of 7 November 2019 amending Regulation (EU) No 582/2011 as regards
Auxiliary Emission Strategies (AES), access to vehicle OBD information and vehicle repair and
maintenance information, measurement of emissions during cold engine start periods and use of
portable emissions measurement systems (PEMS) to measure particle numbers, with respect to heavy
duty vehicles.
Reporters without Borders – Czechia https://rsf.org/en/czech-republic.
Seznam Zprávy, (2022), The prosecutor does not demand imprisonment for Babis. Asks for conditional
sentence and 10 million fine (Žalobce nechce pro Babiše vězení. Stačí mu podmínka a pokuta 10
milionů) https://www.seznamzpravy.cz/clanek/domaci-zivot-v-cesku-zalobce-nechce-pro-babise-
vezeni-staci-mu-podminka-a-pokuta-10-milionu-19603.
Síť na ochranu demokracie (2022), Contribution from Síť na ochranu demokracie for the 2022 Rule of
Law Report.
25
Supreme State Prosecutor, Foreign Bribery (Zahraniční podplácení) https://verejnazaloba.cz/nsz/boj-s-
korupci/zahranicni-podplaceni/.
Transparency International (2022), Anti-corruption priorities of the Czech Government of
Transparency International 2022/2023 https://www.transparency.cz/protikorupcni-priority-ceske-
kancelare-transparency-international-2022-2023/.
Transparency International (2022), Corruption Perceptions Index 2021.
Transparency International Czechia (2022), Conflict of Interest of Andrej Babis
https://www.transparency.cz/kauzy/andrej-babis/.
26
Annex II: Country visit to Czechia
The Commission services held virtual meetings in March 2022 with:
 Association of Journalists
 Czech Bar Association
 Czech National Committee of International Press Institute
 Council for Radio and Television Broadcasting
 Endowment for Independent Journalism
 European Centre for Press and Media Freedom
 Financial Analytical Office
 Frank Bold/Reconstruction of State
 International Press Institute
 League of Human Rights
 Ministry of Culture
 Ministry of Interior
 Ministry of Justice
 National Organized Crime Agency
 Ombudsman
 Open Government Partnership
 Prosecutor General's Office
 Supreme Administrative Court
 Supreme Audit Office
 Supreme Court
 Transparency International Czech Republic
 Union of Judges
 Union of Public Prosecutors
* The Commission also met the following organisations in a number of horizontal meetings:
 Amnesty International
 Article 19
 Civil Liberties Union for Europe
 Civil Society Europe
 European Centre for Press and Media Freedom
 European Civic Forum
 European Federation of Journalists
 European Partnership for Democracy
 European Youth Forum
 Free Press Unlimited
 Human Rights Watch
 ILGA Europe
 International Federation for Human Rights (FIDH)
 International Press Institute
 Open Society European Policy Institute (OSEPI)
 Osservatorio Balcani e Caucaso Transeuropa
 Philea
 Reporters Without Borders
 Transparency International Europe