2022 Rule of Law Report Country Chapter on the rule of law situation in Czechia Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report The rule of law situation in the European Union

Abstract

The new Government has announced several reforms related to the Czech justice system, some of which follow up on efforts of the previous Government. A planned reform of disciplinary proceedings against judges aims to introduce the possibility to appeal and a new reform of the prosecution service is under preparation, introducing, among others, changes relating to the term of office and dismissal of the Prosecutor General. Both initiatives aim to further strengthen the independence of the justice system. An amendment of the selection procedure for judges has entered into force. Efforts to improve the digitalisation of justice, including publication of judgments and preparation of a digital file management system, progress slowly. Efficiency of proceedings has improved in the administrative justice system. The legal and institutional framework to address corruption is broadly in place, and the new Government has prioritised some anti-corruption measures. The Government is drafting a new Anti-Corruption Strategy to be implemented as of 2023 but concerns exist over the effective and consistent implementation of all measures in the current strategy and action plan. Several planned reforms were not adopted before the end of the parliamentary term in 2021, including on lobbying, whistleblowing, the Supreme Audit Office mandate, and a code of conduct for members of Parliament. The new Government has announced its intention to continue to fight corruption, including through pending legislative reforms on conflicts of interest and whistleblower protection. Cases of high-level corruption remain a concern, in particular in a context of delayed proceedings. In addition, the use of presidential pardoning power in a high level corruption case led to public debate. Ethics rules for both chambers of the Parliament remain lacking. Rules on revolving doors for members of Government, Parliament and civil service remain limited. An evaluation of the legislation on political party financing is planned. Constitutional rules guarantee freedom of expression and the right to information. Rules to enhance transparency of beneficial ownership of media outlets enacted in 2021 still require full implementation and concerns persist with regard to the lack of full ownership transparency as well as conflict of interests. The independence of the Czech media regulator is expected to be further enhanced, while political controversies affecting Czech public service television have led to calls to overhaul the Czech Television Act given that the current system does not prevent the political majority in the Chamber of Deputies, via political influence over the Councils, from securing the dismissal of a Director-General. Unlike the case with most sectors of the economy, the media sector did not benefit from any specific support scheme to counter the effects of the COVID-19 pandemic. There have been no developments with regard to state advertising and access to information. Support for the needs of journalists and their working conditions is missing while harassment of journalists remains part of the political landscape