O (ne)možnosti členství cizinců v politických stranách v České republice
Abouth the (Im)possibility of Membership of Foreigners in Political Parties in the Czech Republic

Summary/Abstract: The author of this paper is convinced in contrast to generally established voices that foreigners can be de lege lata members of political parties in the Czech Republic. The Declaration of Fundamental Rights and Freedoms guarantees the rigth to be a member of a political party only to citizens. However, it cannot be concluded that foreigners cannot be members of political parties, because, according to judicature, political party is mostly private law legal body and thus the principle of legal licence must be applied. Also the membership of foreigners in political parties has no public-law effects. If law-makers would like to make the membership of foreigners in political parties impossible, the legal prescription would have to include an explicit ban, such as e.g. legal prescriptions applied during the period of the „First Republic“. The general established voice saying that foreigners cannot be members of political parties is also inconsistent with historical interpretation and with the principle of „acquis communnautaire“.

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