The Czech Supreme Administrative Court has dismissed a complaint by MEP Tomáš Zdechovský, ruling that he cannot simultaneously serve in the active reserve of the Czech army during his term in office.
The Czech Supreme Administrative Court (NSS) has ruled that European Parliament members are not allowed to serve in the active reserve of the Czech army while holding their mandate. This decision came from an appeal by MEP Tomáš Zdechovský (KDU-ČSL), who sought to combine both roles. However, a law amended in 2023 clearly prohibits such dual function in order to ensure the efficiency of state and international institutions during crisis situations. The ruling establishes legal boundaries that apply universally to various officials, including government members, MPs, senators, regional governors, and diplomats.
The court emphasized that granting Zdechovský's request to serve as an MEP and simultaneously remain in the active reserve would contradict the existing legal framework and undermine the law's application. The NSS made it clear that altering or interpreting legislative provisions is beyond the judiciary’s role. This ruling reflects a wider legal context necessary for maintaining a functioning governance structure, particularly during times of crisis, adhering to the intent of the legislative changes.
Zdechovský's case follows a directive from the Regional Military Command in Hradec Králové, which decided to remove him from active reserve status in light of the new legal restrictions. His subsequent legal attempts at challenging this decision, including a failed county court lawsuit, highlight the complexities facing politicians who may want to juggle multiple responsibilities. The outcome of this case brings to light the ongoing discussions surrounding the roles of elected officials within military structures and the necessity of legal clarity in such matters.
