The constitutional court of the Czech Republic supported the hotel have the right not to accept the Russians, refusing to condemn the annexation of Crimea
Tomasz Krcmar, the owner of Brioni Boutique hotel, Ostrava, photo of March 31, 2014
KIEV. April 30. UNN. The constitutional court of the Czech Republic decided that the actions of the hotel in Ostrava, which refused to accommodate Russian citizens without a written statement condemning the annexation of Crimea, was not discrimination. Also cancelled the fine that was imposed on the firm-the owner of the hotel. Now the case is back for reconsideration in the Supreme administrative court of the Czech Republic. It is reported by Radio Liberty, reports UNN.
The constitutional court found that the question of discrimination could be if customers refused to settle hatred, obvious abuse, or humiliation of their dignity. In the case of the Brioni hotel in the centre of Ostrava it was about the immediate and emotional expression of a political position of its owner in relation to violations of international law, which was the annexation of Crimea by Russia, and this position coincides with the foreign policy of the Czech Republic and politics of international organizations.
“The entrepreneur is not required to be politically neutral, and in entrepreneurial activities it is impossible to forbid to Express their position, if it is done correctly,” said the judge-Rapporteur in the case of vojtěch of Simicek.
The court also stated that the hotel cost is predictable and has announced this limitation of their services on the Internet.
“Each client can weigh whether to use such services or not. Besides, it was about a hotel in the centre of Ostrava, where there are dozens of other hotels, so for clients it was not difficult to find an alternative,” said the judge.
According to them, entrepreneurship is not only by profit but also a space for self-realization, and the state should intervene only in exceptional cases — which case does not belong.
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The scandal broke in the spring of 2014, shortly after Russia annexed the Ukrainian Crimea. When in April of that year, the Brioni checked the Czech commercial inspection, they found the announcement that citizens of Russia can’t settle there, starting from March 24, if you do not sign a statement condemning the occupation of Crimea.
On imposed to the company of the hotel owner to a fine of 50 thousand Czech crowns (at the current exchange rate is almost 58 thousand hryvnias), the courts later reduced the penalty to 5 thousand. The Supreme administrative court then stated that the expression of a political position does not entitle you to force clients to disassociate themselves from the foreign policy of their state. The owners disagreed and came up with obzhalovanie to the constitutional court.
In the Czech Republic, the constitutional court, unlike the Ukrainian authority is also empowered, in particular, to consider the constitutional complaints against decisions of lower courts or decisions of state authorities or local self-government containing the interference in the constitutionally guaranteed fundamental rights and freedoms of a person — in fact, acting in such cases as the highest court in the Czech Republic. If the constitutional court cancels the decision, he sends the case for a new trial in the appropriate court or authority.
Ukraine, as well as the world’s leading countries and international organizations, believe the occupation and annexation of Crimea into Russia illegal. After the annexation of Crimea, Western countries imposed against Russia economic sanctions. The Kremlin denies the occupation and calls the annexation of the Peninsula “restoration of historical justice”.
We will remind, the Polish government did not consent to the entry in the Polish territorial waters of the Russian sailing ship “Sedov” due to the fact that on Board were students from annexed Kerch.