COVID-19 a volby a referendum v České republice: zkušenosti, otevřené otázky a podněty de lege ferenda
COVID-19 and Elections and Referendum in the Czech Republic: Experiences, Unresolved Questions and Propositions de lege ferenda

Summary/Abstract: The article deals with various aspects of the legal regulation of elections and referenda in the Czech Republic in the context of the COVID-19 pandemic as well as other potential health threats and emergency situations. It is divided into two parts. In the first part, the article deals with the interpretation of the constitutional conditions for postponing the elections, critically evaluates the case of postponement of by-elections to the Senate, draws attention to some open issues in the constitutional rules and provides an opinion on those issues. In the second part, the article evaluates both adopted and proposed changes to election rules that responded to the spread of the COVID-19 disease. Attention is paid mainly to ad hoc laws on special voting arrangements. Subsequently, the article reflects on the constitutionality of the current legal regulation of the obstacle to the exercise of the right to vote due to the protection of public health and on the issue of remote voting as a means of mitigating the health risks of elections. The article concludes that the Czech Republic, as a democratic state governed by the rule of law, has generally withstood the difficult situation caused by the COVID-19 disease in the field of elections. However, it would be appropriate to take into account the experience gained as well as the revealed shortcomings when revising electoral law, which has not yet happened.

• Details
• Contents