Banning the DS and Opening a Discussion
March 8th, 2010 by Claire LoucksWhen the Czech Supreme Administrative Court (Nejvyšší správní soud) in Brno ruled to abolish the Workers’ Party (Dělnická strána) on 17 February, on the grounds that the party’s program was extremist, condoned violent acts and posed a threat to democracy by containing a xenophobic, racist, anti-Semitic and homophobic subtext, it was the first time in an independent Czech Republic that a political party had been banned on political grounds. The move has been contested, with DS Chairman Tomáš Vandas arguing that the Court’s decision was “highly suspicious, coming as it does three months before the elections” and that the ruling represented a politically attempt to preclude his party from the democratic process. Further, he has stated that regardless of the court ruling, the party will indeed take part in the next general elections, scheduled for the end of May, either under its current name or under a new name.
Vandas has argued that by banning the DS, in whatever form it takes during the upcoming elections, will in fact add to its share of the vote. Although it enjoys some support at the regional level, the DS has only been able to attract around 1% of the vote at the national level, well below the 5% threshold requirement for a party to enter parliament. Some analysts have cautioned that the ruling will further radicalise the party but what seems most interesting about the decision is not the speculation of the impact it will have on one party but rather on the political system as a whole.
The Civic Democrats (ODS) have proposed a similar judicial examination of the activities of the Communist Party (KSČM), with the argument that following an investigation into the extreme-right in the country, an investigation into the extreme-left would not be out of place; furthermore, the NSS’ ruling could set a precedent for banning the KSČM, with the ODS arguing that the justifications contained in the ruling could be applied to the Communists. With this, a debate seems to be opening about the acceptable parametres of political life in the Czech Republic; while the DS may only attract a small segment of the voting population, the Communist Party continues to pull in a significant percentage of votes and to ban it would be to dramatically alter the country’s political landscape.
While it is often difficult to understand how, given the country’s recent and damaging experience of 40 years of Communist rule, the KSČM continues to receive such a respectable percentage of votes; in the last elections, the Communists won the third-highest share of the vote and if it would be strange to imagine a Czech political landscape with the Communists, it would be equally strange to imagine that landscape without them. But the argument that the ruling banning the DS sets a predecent for banning the Communists seems weak (whatever one’s opinion of the Communists). It remains highly uncommon for a political party to be banned and in fact, although the NSS ruled in favour of suppressing the DS, they had previously dismissed an attempt to have the party banned in 2009, citing a lack of evidence in the case. Furthermore, the grounds on which the DS were banned seem rather particular and, in the case of the Communists, difficult to use as a precedent, as it seems that practice, rather than ideology, played the strongest role in the decision.
A rather insightful analysis has argued that the NSS’ ruling represents “a defining judgement that will establish ideological boundaries that must not be crossed by any political party which aims to remain in operation“. I suspect that although a debate will always exist about the acceptable boundaries of a Liberal society and how permissive is “too permissive” when it comes to accommodating different opinions and groups, there must actually be some clear guidelines for participating in society; advocating or utilising violence and intimidation against others must surely be unacceptable practices. The NSS’ ruling did not ban the DS for “advocating a repugnant and xenophobic political programme, but on the basis of a complex analysis, which proved the existence of a direct link between the discourse of party supporters, their ideology and hateful acts of organized violence“. This seems to be a sound justification, for while it will take more than re-arrangements to the political system to stamp out prejudiced and hateful opinions, banning those who hold and propagate such opinions from engaging in the political sphere if they turn to violence and physically harm others seems to be a fair control mechanism.
There seems to be little backlash against the Court’s decision, although it remains to be seen how the DS may re-group in the run-up to the May elections; until the results of the elections are in, it would be difficult to analyse the impact of the ruling on the electorate. While banning the DS may have little practical impact on Czech politics, what seems most interesting about the NSS ruling is the potential space it opens up for discussions about what the Czech political sphere should look like; what its boundaries are, which groups are truly most representative of the voting public. Politics should not be seen as a static institution but rather as a fluid and changeable sphere. By taking the bold move of banning a political party, the potential to generate a discussion with a wider public involved seems a positive development in the growth of social, civic and political life in the country.

