SURPRISE CZECH COURT RULING CASTS DOUBT ON EARLY

C O N F I D E N T I A L SECTION 01 OF 02 PRAGUE 000523

SIPDIS

E.O. 12958: DECL: 09/02/2019
TAGS: PGOV EZ
SUBJECT: SURPRISE CZECH COURT RULING CASTS DOUBT ON EARLY
ELECTION DATE

Classified By: Charge d'Affaires Mary Thompson-Jones for reasons 1.4 (b
) and (d).


1. (C) Summary: In a surprise ruling, the Czech Republic's
Constitutional Court announced September 1 it will consider a
challenge to a law passed in May and signed by President
Klaus in June shortening the current term of the Chamber of
Deputies, Parliament's lower house. The court ruling
indefinitely postpones early parliamentary elections
scheduled for October 9-10. The court said a new date for
the elections - whether October 9-10; June 2010, when
elections would otherwise have been held; or some date in
between - can only be determined after the court reaches its
final decision. This afternoon, the court said it would meet
on September 10, although it did not guarantee it would reach
a final decision at that time. Political leaders were taken
by surprise by the decision and oppose postponing the
elections. The president, prime minister, party leaders, and
leaders of Parliament met today in President Klaus's office
to consider possible solutions, resulting in a proposal to
amend the constitution. The National Electoral Commission
will also meet tonight to make recommendations to resolve the
issue. The situation is very fluid and may not be clear for
several days. End Summary.


2. (U) The Constitutional Court announced late on September
1 that it will consider the challenge to a law signed by
President Klaus to hold early parliamentary elections on
October 9-10, and that an election date cannot be set until
it has reached a final decision. This ruling indefinitely
postpones the early parliamentary elections, scheduled for
October 9-10. The court acted in response to a
constitutional complaint filed by MP Milos Melcak on August
26, who is challenging the decision to shorten the election
term of Parliament and hold early elections. Melcak was
elected as a member of the Social Democrats (CSSD),but was
later expelled from the party.

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Timing
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3. (U) The parliamentary elections were originally
scheduled for June 2010. A regular term for MPs is four
years, and the last elections were held in June 2006. On
March 24, 2009, however, the government coalition led by
Mirek Topolanek and the Civic Democrats (ODS) fell in a
no-confidence vote. The Topolanek government was replaced by
an interim government led by Jan Fischer, former head of the
Czech Statistical Office. Parliament approved holding early
elections by a three-fifths majority in each house, and
President Klaus announced on July 1 that he had signed a law
setting the dates as October 9-10, 2009.


4. (U) In its announcement, the court provided no timeline
for its review of the Melcak complaint. This afternoon,
however, the court said it would try to act quickly and would
meet on September 10. The court did not guarantee a final
decision on the 10th. Czech law does not place any time
limit on when the court must rule. Deputy Chief Justice
Eliska Wagnerova of the Constitutional Court had said on
September 1 that it would be impossible for the court to make
its decision before October 9-10, and Court Chief Pavel
Rychetsky said the court's decision to review the law was
necessary because the constitutional issue is "serious." On
the other hand, the court spokesman did not rule out the
possibility that the court would dismiss the complaint.


5. (C) Political parties across the spectrum, with the
exception of the Christian Democrats, are upset by the
decision and are seeking a way to circumvent the ruling.
Both main political party leaders, ODS's Topolanek and CSSD's
Paroubek, strongly criticized the ruling. President Klaus
called the court's ruling "activist and unprecedented." Some
leaders, including Paroubek and Vojtech Filip of the
Communist Party (KSCM),believe a legal solution can be found
that will allow the elections to proceed as scheduled.
President Klaus, Prime Minister Fischer, and party and
Parliamentary leaders agreed to a meeting today in President
Klaus's office to discuss options. Following the meeting,
leaders announced they will create a group of experts who
will draft a proposed change to the constitution. The
National Electoral Commission, a multi-party body of 20
people responsible for overseeing elections, will also meet
tonight to make recommendations to resolve the issue. One
member of the Commission, Jan Klusacek, director of the
Health Ministry legislative affairs department, told poloff
that tonight's Commission meeting will last until the members
develop a viable proposal that can be presented to the two
main political party heads. This proposal will lay out how
the government will proceed in planning for the elections,
given the pending judicial issue and the uncertainty of when

PRAGUE 00000523 002 OF 002


it will be resolved.

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The Court
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6. (C) The Constitutional Court has 15 members who are
appointed for ten-year terms. The court voted 11-2 in favor
of taking up the challenge to the law setting the early
elections. Two were absent, and the two dissenters will
publish their reasoning soon. Several of the justices are
former Members of Parliament, and will come under political
pressure to make a decision quickly. The court recently took
six months, however, to rule on the Lisbon Treaty, suggesting
that the justices may not be swayed by pressure.

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Potential Scenarios
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7. (C) The law setting the dates of the early elections was
passed by a constitutional majority of each house of
Parliament and signed into law by Klaus. Although the law
was passed by a constitutional majority, it is a one-time
law, not a constitutional amendment. The Czech Republic held
early elections in 1998, using the same procedures as in the
current case. No challenges were filed and the elections
proceeded on schedule. The recommendation from today's
meeting at Prague Castle is to amend the constitution so that
this procedure is specifically authorized. Under the
constitution, the President can also dissolve the Chamber of
Deputies if the current government falls in a no-confidence
vote, followed by three failed attempts to form a new
government. In addition, the Constitution specifies other
situations in which early elections can be called, such as if
parliament does not meet for 120 days. Even though it has
postponed the early election law, another possibility is that
the Court dismisses Melcak's complaint.

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Situation May Not Be Clear for Several Days
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8. (C) Comment: The decision by the Constitutional Court
took Czech political leaders by surprise, and the resulting
confusion and uncertainty places great pressure on the Czech
political system. Political parties are in the middle of
their campaigns and have already expended significant funds.
Czech media are full of speculation about possible outcomes,
election scenarios, and the possible fallout. The Prague
Castle meeting, which resulted in a plan to amend the
constitution, and the Electoral Commission meeting may
clarify some options, but no clear resolution will likely be
reached for several days. End Comment.
Thompson-Jones