What are my civil and political rights?
In this chapter, you will learn in more detail about the conditions of the right to freedom of expression, the right of assembly, the right to petition, the right to vote and participation in political parties.
The legal foundations of civic and political participation can be found in the Constitution of the Czech Republic. According to the Charter of Fundamental Rights and Freedoms (Articles 17-23), certain civil and political rights are common to all, regardless of nationality. Specifically, these include: the right to freedom of expression, the right to information, the right to petition, the right of assembly, the right to form associations, societies and other groups, and the right to resist (e.g. strike).
People with migration backgrounds living in the Czech Republic have the right to participate in society. They can express their opinion on what is happening in the place where they live, they can offer support to others through volunteering, they can start their own associations, they can undertake their own community activities, they can get information and feel themselves members of the community, etc. Most of the opportunities for participation are open to migrants. However, some important political rights, especially for the people from outside the EU, are still very limited.
Right to Freedom of Expression
In the Czech Republic, freedom of speech is guaranteed by the Constitution and the Charter of Fundamental Rights and Freedoms, which stipulates the right of everyone to express their opinions and to freely seek and disseminate information. This principle protects both the freedom of opinion and attitude of individuals and their right of access to information.
However, freedom of expression is not unlimited. The state may restrict this freedom by law in order to protect public safety, the rights and freedoms of others or public health (for example, in the case of the dissemination of false information). Specific restrictions include, for example, a ban on speech that promotes hatred against certain groups of people (ethnic, racial, etc.), Holocaust denial, or spreading alarming messages. These restrictions must always be legal, clearly defined and necessary in a democratic society.
The line between freedom of expression and its restriction depends on the specific circumstances of the situation, the decisive factor being whether the restriction is actually necessary.
Right of Assembly
The right of assembly is one of the key rights that protects freedom of expression and allows citizens to express their views and opinions publicly. In the Czech Republic, you can use this right to hold demonstrations, marches or other public gatherings in public places such as squares and streets.
This right applies to everyone – not only to citizens of the Czech Republic. For example, you can organise a public assembly as a foreign student if you meet the conditions set out in the law. You don’t need any permission from the authorities to hold an assembly, but you must give proper notice. The notice is of a registration nature and is used to prepare for the security and order during the event. You can call an assembly if you are over 18 years old (or younger, in some cases) and if the assembly has not been banned for some reason. However, bans are exceptional. Assemblies cannot be held in certain designated areas, such as near the Parliament or the Constitutional Court. Cultural, sporting or other social events such as concerts, marathons or fairs do not count as assemblies unless their main purpose is to express political views.
More information on the right of assembly can be found on the website of the Ministry of the Interior of the Czech Republic.
Right to Petition
The right to petition means the right of any citizen or group of people to address public authorities with requests, proposals or complaints concerning matters of public interest. A petition can be filed by an individual or by a petition committee formed by a group of people. If you want to submit a petition, you have to write the text and get signatures from other people. You can collect signatures publicly, but you must make sure people have the opportunity to see the content of the petition before they sign it.
As a foreigner, you also have the right to sign the petition if you state your name, surname and address of residence (if you are not a permanent resident of the Czech Republic, you must state the address of your actual residence).
If the petition is filed correctly, the public authorities are obliged to accept it and respond to it within 30 days. This response will include an opinion on the requirements set out in the petition. The petition can also be filed electronically, making it easier to collect signatures.
The right to petition is a powerful tool to express your views and requirements for change in society. More information on the petition can be found on the website of the Ministry of the Interior of the Czech Republic.
Right to Vote
In the Czech Republic, elections are a fundamental tool for filling public offices. People elect their representatives to various bodies, such as the presidency, the Chamber of Deputies, the Senate, the European Parliament, regional and municipal councils. Elections are the basis of democratic decision-making and must be conducted on the basis of certain constitutional principles such as universality, equality, directness and secrecy.
The electoral system in the Czech Republic is divided into two main categories: the proportional representation system where seats are allocated on the basis of the percentage of votes received by the parties, and the majority voting system where the candidate with the most votes wins in the first or second round of the elections. The proportional representation is used for the elections to the Chamber of Deputies, regions, municipalities and the European Parliament, while the majority system is used for the Senate and presidential elections.
For more information about the elections and the electoral system, visit the website of the Ministry of the Interior of the Czech Republic.
Participation in Elections and Referendums
Participation in elections is one of the most limited forms of political participation for migrants in the Czech Republic. For non-EU citizens, this option is completely unavailable, including voting in referendums. EU citizens have the right to vote at local level, in the European Parliament elections and in local referendums (subject to residency). More information can be found on the Information Portal for Foreigners of the Ministry of the Interior.
Elections across the Czech Republic
In the Czech Republic, the Chamber of Deputies is elected once every 4 years and the Senate once every 6 years, the President of the Czech Republic is elected directly once every 5 years, and the municipal council is elected at the local level. All of these elections are subject to Czech citizenship and the age of 18.
Elections in Prague
In Prague, the Prague City Assembly is elected and, at the same time, the councils of the individual municipal districts in Prague are elected. Local elections are usually held every 4 years. You can also vote in these elections as a citizen of another EU country under certain conditions, see Municipal elections.
European Parliament Elections
Nationals of other EU countries can also vote in elections to the European Parliament (the European Union’s representative body), where MEPs are elected for 5 years. In the case of elections to the European Parliament, you must have been registered as a permanent or temporary resident in the Czech Republic for at least 45 days on the day of the elections. Find out more in the information leaflet.
Membership of Political Parties
The Czech legislation currently regulates membership in political parties through the Act on Association in Political Parties. This Act uses the term “citizen” and thus de facto doesn’t allow EU nationals to join political parties. The legislation was recently (autumn 2024) challenged by the Court of Justice of the EU, which ruled that the EU citizens should have the same access to political rights as Czech citizens, and must not be discriminated against on the basis of their nationality. In practice, this means that the EU citizens should be able to participate in political life in the Czech Republic, including membership in political parties. It is now expected that the Czech law will be changed accordingly. This step should give EU citizens access to benefits such as participation in the electoral apparatus, access to party funds, and better access to the media, which can significantly boost their political engagement.