Ministry of Interior

   Department of Elections and Association

   Prague, October 12th, 2006

   Decision

   According to the stipulation of § 12 par. 3 letter c) of Act no 83/1990 Coll., on association of citizens, in the version of later regulations (hereinafter referred to as "Act on association"), the Ministry of Interior hereby

   dissolves

   the civic association under the name Communist Youth Union based at Politických vězňů 9, 111 21, Praha 1.

   Grounds of the decision

   Based on § 12 par. 3 of the Act on association, the Communist Youth Union (Hereinafter referred to as "KSM") was summoned by a letter from the Ministry of Interior (hereinafter referred to as "ministry") dated November 25th, 2005, Ref no. VS- 7398/SDR/1-2005, to discontinue its non-allowed activity in accordance with the wording of the § 4 of the Act on association, and to inform the ministry on the related measures taken within December 31st, 2005. The ministry decided to summon the KSM after having had obtained an incentive notifying it about KSM’s activity, in particular data presented by KSM on its web pages. Based on consequential request of KSM concerning extension of such term justified by the need to discuss the whole matter within the relevant KSM bodies in accordance with its statutes, the term was extended to March 3rd, 2006.

   The mentioned summon was implemented in relevance with the notification of KSM by the ministry that the intentions of KSM’s activity published on the above stated web pages are in collision with § 1 Par. 3 of the Act on association, based on which this law does non relate to grouping of citizens in political parties or political movements, which makes it a non-allowed association in accordance with § 4 letter b) of the Act on association, for it follows achieving its goals by means that are in collision with the constitution and the laws, and furthermore with the fact described in § 4 letter a) of the Act on association stating, among other, that associations aiming to deny or to restrict personal, political or other civic rights related to their nationality, sex, race, origin, political or other thinking, religion and social position, ignite hatred and xenophobia resulting from these reasons, support violence or otherwise violate the constitution and the laws. The above mentioned conclusion of the ministry was made in relation with a KSM’s document originally named "Political program of KSM" which content involved:

   "KSM strives for revolutionary overcoming of capitalism and establishing of economic - removal of private ownership of means of production and its replacement with collective ownership of means of production - and social - implementation of socialist democracy - conditions for building of socialism as the first stage towards creating of the communist society, the building of which is the ultimate goal.

   [... ]

   KSM is well aware of the fact that capitalism cannot be just reformed.

   Therefore KSM fights for revolutionary defeat of the capitalist order by the working masses".

   In reaction to the summons of the ministry, KSM reacted by a statement dated February 28th 2006, annex of which was the updated wording of the "Political program of KSM" concerning a change in its title into "Program of KSM" and replacement of wordings "KSM strives for a revolutionary defeat of capitalism..." and "KSM therefore fights for revolutionary overcoming of capitalism... ", and "KSM therefore stands by the side of efforts of revolutionary overcoming of capitalism..." In this context KSM stated that in spite of its non-identification with the objections of the ministry it carried out specification of the mentioned document, so that it does not allow the ministry for an ambiguous interpretation.

   After the examination of the submitted "Program of KSM" the ministry reached a conclusion that KSM did not react in full extent to the summons of the ministry, and therefore proceedings on its dissolving have been commenced in accordance with § 12 Par. 3 of the Act on association. KSM was notified on the commencement of the proceedings by a letter from the ministry dated July 20th, 2006 stating that KSM is entitled to acquaint itself with the ground papers of the decision in accordance with § 36 Par. 3 of the Administrative order, and to give its opinion on the mentioned ground papers, until August 4th, 2006. In relation with the stated above, KSM was on its request provided with the copy of a part of the documents on July31st, 2006. Based on KSM’s statement to the case dated August 3rd, 2006 containing also a request on extension of the term for giving its opinion, the ministry decided on August 10th, 2006 to adjourn the proceedings until the date of September 4th, 2006.

   KSM’s opinion was delivered to the ministry on September 6th, 2006. The opinion states that the commenced proceedings are deemed unjustified with a simultaneously made request to stop the proceedings mentioning the repeated enclosed standpoint of KSM dated August 3rd, 2006, which states the following:

   "The conclusion used by the Ministry of Interior of the Czech Republic resulting from the ground papers of its decision that KSM tries for "other ways of establishing the political representation of the state", is a conclusion of the Ministry of Interior of the Czech Republic: it is possible to state, that if anyone tries for other ways of establishing of the political representation and the process of establishing conforms to the democratic and legal state, with the up-to-date constitutional order, it is not an illegal activity. Also, it is not the KSM’s goal to participate in the elections, on top of this; there is not a relevant legal proof which part of the KSM statutes or of the Program of KSM was supposed to represent the strive for activity reserved for political parties or movements". It is stated that "no such stipulation exists in the statutes and Program of KSM ". Furthermore, with the reference to the statutes, which, in the KSM’s opinion is the only document that should be examined, it is objected that KSM does not strive by its program for restriction of rights, promotion of xenophobia, etc., because the goal of KSM is the opposite - the actual spreading of the fulfilment of all rights and freedoms," with the stated fact that "there is no mention about proclaiming violence anywhere in the KSM´s document. KSM refuses calling for any other struggle but political." At the same time, reaction is given to the academic standpoints of the Institute of the State and Law of the Academy of Sciences of the Czech Republic, West Bohemian University in Plzeň and the Political scientist PhDr. Zdeněk Zbořil, required by the ministry. In this context, the elaborator of the opinion of the State and Law of the Academy of Sciences of the Czech Republic was marked as biased with stating the fact that it is his personal opinion and not the opinion of the Institute that was submitted.

   Under the circumstances when the "Program of KSM ", on the ground of which the proceedings on dissolving KSM were commenced, was not changed, even though it could have been carried out so in connection with the adjournment of the proceedings, the ministry release of the decision on dissolving KSM is based on the following considerations.

   The initial part of the "Program of KSM ", paragraph 2, states the following:

   "KSM stands by the side of the efforts of revolutionary overcoming of capitalism and establishing of economic - removal of private ownership of means of production and its replacement with collective ownership of means of production - and social - implementation of socialist democracy - conditions for building of socialism as the first stage towards creating of the communist society, the building of which is the ultimate goal. These efforts are expressed by the title of the organization, where the meaning of term communist is perceived as a name for a vision of future highly organized non-class society, where the administration over the people is replaced with free administration of matters and management of production processes, where the comprehensive and free development of every individual represents the fundament for free development of all. In such society the life of a person shall not be realized on the account of other people, nor on the account of the environment".

   Firstly, it is necessary to draw the attention to the fact, that in accordance with the stipulation § 12 Par 3 of the Act on association, it is the activity of the civic association and not the wording of its statutes, that is decisive for the implementation of the actions of the ministry. And as such, even the public presentation of its program specifying the general stipulations of the statutes, should be treated in the same way. Should this not be the case, the stipulation of § 4 of the Act on association itself would be negated, which explicitly rules out achievement of goals that, among others, violate the constitution and the laws with the fact, that such civic association is not allowed. The ministry therefore dealt with the above mentioned selected formulations in the "Program of KSM", which henceforth allows for involvement of KSM into activities irreconcilable with the protection of right of every individual guaranteed in Article 11 Par. 1 of the Charter of fundamental rights and freedoms (hereinafter referred to as "Charter"). Signing in for the efforts aiming towards denial of the right of private ownership of means of production, is irreconcilable with the elementary democratic principles. As it results from the Article 9 Par. 2 of the Constitution of the Czech Republic, the change of substantial pertinences of the democratic legal state, the attributes of which include the protection of rights and freedoms of the human and the citizen in accordance with Article 1 of the Constitution of the Czech Republic, is inadmissible. Based on these facts it is necessary to rule out the efforts of any subject which would be a violation of the above mentioned constitution amendment resulting, among other, from the principles expressed in the European Agreement on Human Rights and Elementary Freedoms.

   Therefore it is impossible to accept the standpoint of the KSM, according to which the changes in the society organization should take place democratically in accordance with the up-to-date legal order, bearing in mind that KSM keeps on denying to call for any other struggle than political struggle. The efforts for changes carried out by the above mentioned methods are legal only in case these do not attack against any of the elementary principles protected by international laws and constitutional order.

   If KSM argues by stating that its intentions relate only to the ownership of the means of production and not to the ownership taken complexly, for when it speak about the collective ownership of the means of production, it means the means of production necessary and decisive for the development of the society, on the extent of and forms of which it would be democratically decided in accordance with the legal order, it is not taken into consideration that the right in the meaning of Article 11 Par. I of the Charter covers all the property regardless of its character, i.e. also regardless on whether it is a private ownership of means of production or not. Therefore it is out of question to take into consideration "removal of private ownership of means of production and its replacement with collective ownership".

   Although the applied interpretation of KSM does not have, based on ministry’s opinion, any influence on other evaluation of the matter than the above mentioned one, for completeness sake it is noted that only the text of the examined document that is in the given case entirely unambiguous, should be considered decisive.

   The intention explicitly expressed in the "Program of KSM" is therefore in collision with § 4 letter a) of the Act on association, according to which, associations aiming to otherwise violate the constitution and the laws, are not allowed.

   Under these circumstances it is necessary, in accordance with Article 20 Par 3 of the Charter according to which the execution of the association right can be restricted in cases stipulated by the law, should that be necessary in the democratic society in order to protect the rights and freedoms of the others, to decide in a way described in the wording of the decision and to dissolve KSM.

   As far as the objection of KSM not reasoned in detail is concerned, which marked the elaborator of the opinion of the Institute of the State and Law of the Academy of Sciences of the Czech Republic as being biased, the ministry declares that such opinion is not an expert’s opinion in accordance with the meaning of § 56 of the Administrative order, but an academic standpoint requested with the regard to the considered reasons of the ministry itself concerning the dissolution of KSM. The implementation of the institution of the "exclusion from the proceedings and decision on the matter" in accordance with § 14 Par 7 of the Administrative order was therefore groundless.

   Instruction: It is possible to file an action at the Municipal Court in Prague against this decision within the period of 30 days from its delivery.

   JUDr. Daria Benešová

   Head of Department of Elections and Association

   Stamp of the Ministry of Interior of the Czech Republic