“Lex Babiš” law barring cabinet ministers from owning media outlets hits the rocks in court
The “Lex Babiš” law prohibiting members of the government from owning media outlets has been a political battleground since it was approved in 2016. Now significant parts of the law have been invalidated by the Constitutional Court for procedural reasons, presenting a new setback in efforts to prevent conflict of interest in politics.
Tailored to Czechia’s former prime minister Andrej Babiš–billionaire entrepreneur-turned-politician who owned several media outlets – Lex Babiš was actually an amendment tightening the country’s conflict of interest law, which was considered insufficient in dealing with the oligarchization of politics. Over the years, it was repeatedly questioned both by Babiš’ ANO party and his close ally at the time, former president Miloš Zeman, who filed a petition against it to the Constitutional Court arguing that it was unconstitutional because it violated a prohibition preventing discrimination on the basis of property. The motion was rejected, but the amendment remained a target of constant criticism from Babis and members of his party. Moreover, Mr. Babiš smoothly circumvented it by placing his empire into trust funds during his tenure.
Under pressure from Brussels, to tighten the country’s conflict of interests law further, the ruling parties last year approved what came to be known as the “Lex Babis II” law, that bars top officials from owning media outlets and companies owned by cabinet members from bidding for public contracts or receiving subsidies. However, in an effort to avoid obstructions and filibustering from Mr. Babiš’s opposition party, MP Jakub Michálek, who drafted the amendment, tabled it at the last minute to avoid lengthy debate and moreover annexed it to a legislation relating to the inner structure of an institution overseeing the financing of political parties.
ANO challenged the amendment in the highest court in the land, on the grounds that the ruling parties had circumvented the Rules of Procedure of the Chamber of Deputies and restricted debate on the bill.
On Tuesday, the Constitutional Court upheld the motion, and abolished significant parts of Lex Babiš II, which leaves in place the original Conflict of Interest Act. The court’s ruling related to procedural and technical issues; it did not deal with the contents of the law as such.
The head of the ANO deputies’ club in the lower house, Alena Schillerová, who defended the complaint in court, welcomed the verdict.
“This is not just a victory for the opposition. It is confirmation of the fact that the procedures and practices applied in the lower house by the ruling coalition violate the principles of democracy.”
Prime Minister Fiala said he accepted the ruling and several members of the ruling coalition openly admitted that it had been a mistake to tack the amendment to an unrelated law.
MP Jakub Michálek said he was disappointed by the court’s verdict.
“The ruling is not good news for democracy in Czechia. Procedural arguments won out over content. Czech democracy needs a law against oligarchization of Czech politics which is one of the biggest threats we face.”
Michálek said he would propose that the amendment to the conflict of interest law be approved by the lower house once more –this time as a separate legislation.
