Unauthorized Activity for Foreign Powers Remains in the Criminal Code, Court Dismisses Complaint
The Czech Constitutional Court ruled to uphold the law regarding unauthorized activity for foreign powers, dismissing a complaint from a group of senators who argued it was unconstitutional.
The Czech Constitutional Court has upheld the inclusion of unauthorized activity for foreign powers in the criminal code, dismissing a challenge from 24 senators who argued that the law is vague, overly broad, and susceptible to abuse. The senators sought to have the provision, which was introduced as part of legislation responding to the Russian invasion of Ukraine, declared unconstitutional. However, the court ruled that the provision was not an unconstitutional amendment but rather a necessary protective measure for democracy.
In their ruling, the Constitutional Court emphasized the principles of a 'defending democracy', stating that if there are opponents of democracy and its values who are willing to attack it, then the democratic regime must also be prepared to defend itself from these assaults. This perspective indicates that the court views the law as a vital safeguard in protecting democratic values against foreign interference.
The court's decision was specifically focused on two parts of the so-called lex Ukraine VII, an amendment aimed at addressing various measures related to the Russian invasion of Ukraine. The ruling reflects the tension in Czechia surrounding national security, the protection of democracy, and the legal boundaries of what constitutes unauthorized activity for foreign powers, as geopolitical concerns continue to shape legislative responses in the region.