Act on Illegality of the Communist Regime and on Resistance Against It
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Act on Illegality of the Communist Regime and on Resistance Against It (Czech: Zákon o protiprávnosti komunistického režimu a o odporu proti němu, zákon č. 198/1993 Sb.) is an act passed on 9 July 1993 in the Parliament of the Czech Republic. This act declared the Communist regime in Czechoslovakia (25 February 1948 – 23 April 1990) as illegal and the Communist Party of Czechoslovakia as a criminal organisation. Most of the act is formulated as a resolution.[1]
The resolution made the Czech Republic the first former Eastern Bloc country or successor state to officially condemn a former Communist regime.
Challenge of the Act before the Constitutional Court of the Czech Republic
After passing the Act a group of 41 Deputies (MPs) challenged the Act before the Constitutional Court of the Czech Republic and demanded that the Act be declared as unconstitutional and voided. The Constitutional Court, however, ruled on 21 December 1993 that the Act was not in violation with the constitutional order of the Czech Republic and refused to void it.[2]
According to the Constitutional Court although the Act is more a political declaration than ordinary act regulating rights and duties, it is necessary to cope with the regime and it can be made in the form of statute if the Parliament wishes so. Furthermore, this is not the only "political declaration act" in the Czech Republic's legal system, there are more (e. g. Lex Masaryk [cs], Lex Štefánik [cs] and later passed Lex Beneš [cs] and Lex Havel [cs]).
References
- ^ "Political Freedoms and Democratically Elected Institutions in Czech Republic". European Commission. 18 July 2013. Archived from the original on 12 February 2015.
- ^ David, Roman (11 January 1999). "Zákon o Protiprávnosti Komunistického Režimu nebo Právní Zásady Uznávané Civilizovanými Národy?" [Law on the Illegality of the Communist Regime or Legal Principles Recognized by Civilized Nations?] (in Czech). Czech Republic: Občanský Institut. Retrieved 20 January 2008.
External links
- Full text of the act (in Czech)
- v
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resolutions and
declarations
- Council of Europe resolution 1481 (2006)
- European Public Hearing on Crimes Committed by Totalitarian Regimes (2008)
- Prague Declaration on European Conscience and Communism (2008)
- European Parliament declaration of 23 August 2008
- European Public Hearing on European Conscience and Crimes of Totalitarian Communism: 20 Years After (2009)
- European Parliament resolution of 2 April 2009
- Vilnius Declaration of the OSCE (2009)
- Declaration on Crimes of Communism (2010)
- Stockholm Programme of the EU (2010–2015)
- Warsaw Declaration of the EU (2011)
- European Parliament resolution on the importance of European remembrance for the future of Europe (2019)
- Bans on communist symbols
- Communist crimes
- Act on Illegality of the Communist Regime and on Resistance Against It
- Decommunization in Russia
- Decommunization in Ukraine
- Lustration
- Black Ribbon Day
- Office for the Documentation and the Investigation of the Crimes of Communism
- Institute for the Study of Totalitarian Regimes
- Institute of National Remembrance
- Institute for Information on the Crimes of Communism
- House of Terror Museum
- Federal Commissioner for the Stasi Records
- Berlin-Hohenschönhausen Memorial
- Reconciliation of European Histories Group
- Estonian International Commission for Investigation of Crimes Against Humanity
- Genocide and Resistance Research Centre of Lithuania
- International Commission for the Evaluation of the Crimes of the Nazi and Soviet Occupation Regimes in Lithuania
- Institute for the Investigation of Communist Crimes in Romania
- Hannah Arendt Institute for Totalitarianism Studies
- The Black Book of Communism (1997)
- Between Hitler and Stalin (2004)
- The Soviet Story (2008)
- Bloodlands (2010)