Comments on the legislative plan for the election law

The Defender believes that participation in decision-making concerning public matters at a local level is an important part of the integration process for foreigners. The exercising of this right can only intensify the foreigner’s feeling of belonging to his local environment, instil a feeling of trust, express the majority community’s acknowledgement of his contribution towards local society, and help the foreigner to become involved in local decision-making processes, including the assumption of co-responsibility. According to the Defender, the proposed amendment is not in compliance with the Integration Concept of Foreigners as adopted by Resolution No. 126 of the government of the Czech Republic on 8 February 2005, Analysis of the Status of Foreigners with Long-term Residency in the Czech Republic and the draft optimisation measures from October 2004, as well as the latest trend in EU countries, which clearly aims to ensure that foreigners residing in the country in question either permanently or for a certain length of time can exercise their active and passive right to vote (in elections to local or municipal bodies). The Defender therefore proposed that the electoral laws be amended so that the active and passive right to vote in elections to municipal and regional councils is granted to all foreigners from third countries who have been granted a permanent residency permit, including the family members of citizens of the EU (Czech Republic) who remain in the Czech Republic for longer than 5 years. In the cases of the family members of citizens of the EU (Czech Republic), their specific and preferential status means that a period of less than 5 years could be considered.