CZECH REPUBLIC: Draft “foreign agents” law shelved, but pressure on civil society remains
A draft law on the “registration of entities with foreign ties”, prepared by members of the Czech governing coalition and an advisor to Prime Minister Andrej Babiš, attracted significant public attention nationally as well as at the EU level. The bill was widely referred to in the media as a “Russian law” due to perceived similarities with “foreign agent” laws in other countries.
The proposal was not formally submitted to parliament and has now been shelved in its original form, following tensions within the governing coalition and strong public criticism. The draft triggered broad opposition across sectors, including CSOs, universities, research institutions, and youth organisations, who warned about its potential impact on civic space, academic freedom, and public participation.
Rapid shifts and inconsistent public communication have marked the proposal’s development. Within a very short timeframe, statements by the prime minister, individual ministers, and coalition MPs diverged significantly — from distancing themselves from the draft, to defending the need for restrictive measures, to openly signalling that similar proposals could be pursued even without consensus in government. At the same time, representatives of coalition parties have publicly framed parts of civil society in hostile and delegitimising terms, including calls for stronger regulatory “tools” targeting non-governmental organisations.
Taken together, these developments indicate not only policy volatility, but a broader political direction that raises concerns regarding the stability of the legal environment for civil society. The combination of contradictory messaging, public stigmatisation of civic actors, and signals of continued legislative intent is contributing to a heightened level of legal uncertainty and undermining core rule of law principles, including predictability, transparency, and good governance in the legislative process.
At the same time, Prime Minister Andrej Babiš has stated that the government does not intend to restrict legitimate civic activity, while maintaining the need to address foreign influence and suggesting that new or revised legislative proposals may follow, potentially defining categories of organisations subject to regulation at the ministerial level.
The initial draft envisaged broad and vaguely defined obligations for a wide range of actors, including civil society organisations, research and educational institutions, municipalities, and individuals whose activities could “influence public debate or decision-making”. It included extensive registration and reporting requirements, significant financial sanctions, and far-reaching administrative powers, raising concerns about legal uncertainty and potential chilling effects on legitimate civic engagement.
Although the draft has been set aside, the episode reflects a broader policy direction, already indicated in earlier government statements referring to “political NGOs” and proposing additional regulatory measures affecting civil society. The underlying intention to regulate foreign influence in relation to civic actors therefore remains, and the form of future proposals will be critical from a rule of law and fundamental rights perspective.
Close monitoring of upcoming legislative developments will be essential, particularly to ensure alignment with EU standards on freedom of association, participation, and access to funding.