Formation of Political Community through Judicial Fiat: An Example of EU Citizen's Voting Rights in the Czech Republic
Abstract
Engagement of foreigners into political community influences the democratic pedigree of the exercise of public authority, which is one of the content components of the rule of law. There have been doctrinal debates, influenced not only by globalization and multiculturalism, on the suitability and scope of granting certain rights, while more or less successful supranational regulations have been adopted.
The complicated nature of this development came to light in the decision-making of national constitutional courts before (Germany) and after the Maastricht Treaty (Germany, Spain etc.). In the Czech Republic, after ten years of no extensive public discussion or notice by the European Commission, correctness of transposition of Council Directive 94/80/EC of 19 December 1994 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections, was disputed by court.
Comparison of this legally correct decision of a regional court with academic discussions going on namely abroad bring us to the considerations about the problematic nature of formation of political community through judicial fiat.