Court ruling opens the way for all EU nationals residing in the Czech Republic to vote in municipal elections

Photo: CTK

A court ruling upholding a Slovak national’s right to vote in October’s municipal elections has unexpectedly opened the way for around 110,000 EU nationals with temporary residence in the Czech Republic to go to the polls. The State Electoral Office announced on Monday that additional ballots were being printed to allow all EU nationals to take part in local elections regardless of their residence status.

Photo: CTK
Slovak lawyer Peter Nagy has lived in Brno for close to a decade. Long dissatisfied with the law that allows only EU nationals with permanent residency to go to the polls, he consulted the matter with the Ombudsman’s Office and took the case to court demanding he be allowed to register in the country’s local elections in just over two weeks’ time.

“I have lived in Brno for nine years now and I think it is only natural that I want to have some influence on local government.”

Peter Nagy is not alone in wanting a say in the municipality where he lives. Many of the country’s 110,000 EU nationals who have temporary residence status in the Czech Republic were unhappy with the state of affairs and Ombudswoman Anna Šabatová spearheaded a campaign for their rights. In mid-August she turned to the Interior Ministry with a request that all EU nationals in the country be allowed to vote - on the argument that the present legislation clashed with the Treaty on the Functioning of the EU. The ministry rejected the appeal, saying that a last-minute change so close to the election date would put the vote at risk. However things quickly changed when last Friday the regional court in Brno dealing with Peter Nagy’s complaint issued a ground breaking verdict.

The judge ruled that on the grounds of the mentioned treaty on the functioning of the EU, according to which all EU nationals should have the right to vote in local elections in their country of residence, under the same conditions as the citizens of the country in question, Nagy’s right to vote could not be questioned. The State Electoral Commission promptly reacted to the ruling by announcing that all EU nationals, whether they are permanent or temporary residents of the Czech Republic, are entitled to vote in the municipal elections on October 10 and 11. Foreign nationals who decide to vote will need to register at their respective town hall by Wednesday October 8th and will be expected to bring an ID and document confirming their residence status in the country.

Anna Šabatová,  photo: Šárka Ševčíková
Ombudswoman Anna Šabatová told Czech TV she was delighted with the about turn.

“This was what we believed in and fought for all along and I am very, very happy that all EU nationals living in the Czech Republic will now be able to vote in municipal elections. “

The decision to give all EU nationals voting rights may not be the last change in this field. The Minister for Human Rights and Minorities Jiří Dienstbier is pushing for an amendment to the law which would give non-EU foreigners with long-term residence in the country the right to vote, first in municipal and later also in general elections. The minister is also unhappy with the fact that Czech legislation effectively prevents foreigners from taking an active part in public life. While EU nationals have the right to vote in local and European elections under Czech law they still cannot join political parties or run in the elections themselves.