120/1994 Coll.
FIND
The Constitutional Court of the Czech Republic
On behalf of the Czech Republic
The Constitutional Court of the Czech Republic decided in plenary of 26 June. April 1994 concerning the
design of the head of the District Office in frydek-mistek, on the repeal of part I
paragraph. 4 and parts II, III and IV of the generally binding decrees the village By about
disposal of municipal solid waste and about the local fee for its removal
adopted on 14 June 2004. December 1991
as follows:
Part I, paragraph 1. 4 and part II, III and IV of the Ordinance of the municipality By a liquidation
municipal solid waste and about the local fee for its removal adopted by the
The municipal government in Raškovice village on 14 July. December 1991 shall be deleted;
on the day of the announcement of the award in the collection of laws.
Justification
1. On 12 December 2003. 11. in 1993, the Constitutional Court of the Czech Republic received a proposal from the
the head of the District Office in frydek-mistek, on the repeal of part I of paragraph. 4,
II., III. and (IV). generally binding decrees Raškovice village of destruction
municipal solid waste and about the local fee for its removal adopted by the
The municipal government in Raškovice village on 14 July. 12.1991. The text of the
the decree is the following:
About the generally binding Decree
about disposal of municipal solid waste and a local charge for its
ride
The Municipal Council in Raškovice village, meeting on 14 July. 12.1991 issue
under section 16(1). 1 of the Act. 367/1990 Coll., on municipalities, this generally
a binding Decree:
(I).
1. Municipality Raškovice performs transportation of municipal solid waste (hereinafter referred to as
TKO) to controlled landfill in Metylovicích or on request to výkupen
scrap in Raškovice village or Good ^ 1).
2. TKO collects in containers of 5 m³ of content. The containers are
located at the designated places. Agents are required to the emergence of TKO TKO what
most restrict ^ 2) (e.g. glass, cans, if not
surrendered to the pawn shops of scrap, flatten, etc.). Outside of the containers is
placement and storage of TKO is prohibited.
3. Containers placed in Raškovice village can use for storage
TKO only citizens raškovice owners of holiday cottages in
Raškovice village.
4. To ensure the departure of TKO village selects from citizens raškovice owners
Holiday cottages local fee.
II.
1. for the citizens of the Raškovic is a local fee is set according to the formula: fee
= annual per capita rate times the number of inhabitants in the House or apartment
+ annual rate according to type of heating.
The above annual rates:
the annual rate per capita 15 CZK/1 person
the annual rate for the heating stove
wood and Coke 25 CZK/1 House
the annual rate for the heating stove
charcoal and briquettes for 45 CZK/1 House
the annual rate for the central or individual heating
coal sludge and other solid fuels 315 CZK/1 House
the annual rate for Central or individual heating
Brown coal and other solid fuels
In addition to the coal slurry 90 CZK/1 House
the annual rate for Central or individual heating
black coal and other solid fuels
In addition to the coal slurry and coal 70 CZK/1 House
the annual rate for Central or individual heating
exclusively of wood and Coke 25 CZK/1 House
the annual rate for electricity, central heating
gas, diesel fuel, fuel oil $ 0/1 House
2. in the case of private owners of holiday cottages, cottages and houses permanently
uninhabited 110 CZK/1 object
3. The amount of the fee is established in the municipality. After the end of the calendar year the municipality
the amount of the fee change, according to the real costs incurred.
The circumstances applicable to the determination of the amount of the fee is the taxpayer required to itself
report to the municipal authority (e.g. change of number of persons, heating, etc.).
III.
1. Exempt from the fee for the ride by TKO can be
and the family house or) owner of the secondary residence, whose walking
the distance to the container is greater than 800 m,
(b) solitary family house owner), whose monthly income is less than 2
USD or lonely couple, whose monthly income is less
than 3 500 CZK
(c)), the owner or family house a recreational object, which other
compelling reasons.
2. A written request for exemption from the fee for the ride by TKO individually
assessing and dealing with the financial Commission of the municipal office in Raškovice village.
IV.
The maturity of the fee for the ride by TKO in two installments in and to
the end of January and the end of July on account of the village By the commercial banks
in Frýdek-Místek no 27223-781/0100.
In the.
Violation of the obligations laid down by this decree can affect as
offence under the Act. 200/1990 Coll. on offences.
VI.
This Decree shall take effect from the 1. 1.1992. From this data are cancelled
the validity of all previous decrees issued by the municipal government in the
Raškovice village on local pick-up charge TDO.
Head of the District Office in frydek-mistek by decision of 28. 9.1993
under section 62, paragraph. 1 of the Act. No. 367/1990 Coll., on municipalities, as amended
regulations, referred to a decree to suspend. In his opinion, is referred to
generally binding Decree in violation of Act No. 367/1990 Coll., on municipalities,
in the wording of later regulations, which generally binding decrees of municipalities must be
in accordance with the laws and generally binding regulations issued by the Central
State administration bodies for their implementation. Said that, in the contested
the provisions of the municipality By a binding Decree regulates the General questions,
that are not in its purview, therefore, establishes a fee for the removal of solid
municipal waste, the amount of the remission of the fee, as well as the way
the due date. This sees as rozpornou with the law No. 565/1990 Coll.
on local charges.
The legal representative of the municipality, in its filing By from day 6. 1. the 1994 stated,
that Decree the municipality has released for the implementation of Act No. 238/1991 Coll., on waste,
not, therefore, on the basis of and for the implementation of law No. 565/1990 Coll., on
local fees.
In proceedings for the annulment of the legislation is the Constitutional Court of the Czech Republic
under section 68, paragraph. 2 of the Act. No. 182/1993 Coll., on the Constitutional Court, shall also
to examine whether the legislation was issued to constitutionally prescribed
in a way. Therefore, the Constitutional Court of the Czech Republic has requested from the municipal
Councillor in Raškovice village representations and documents certifying the proper
the adoption of the contested Decree (that is, the relevant resolutions of the meetings of the municipal
the Municipal Council), as well as its proper publication according to law No. 367/1990
Coll., on municipalities, as amended. Those facts were
confirmed writing containing the resolutions of the meetings of the municipal
the Municipal Council of the municipality, held By the date 14.12. 1991 as well as a quorum and
the results of the vote and fly the decrees in question 16 December.
12.1991 for a period of 15 days and a copy of the Decree, which was announced. From
of that then implies that it can be considered that the Decree was adopted
constitutionally prescribed way, as it has in mind the ust. section 68, paragraph. 2
Act No. 182/1993 Coll., on the Constitutional Court.
Under section 44, paragraph. 2 of the Act. No. 182/1993 Coll., the Constitutional Court of the Czech Republic
may, with the agreement of the participants to refrain from an oral hearing, if not from the
This meeting to expect further clarification of the matter. Because the assessment of the
the stuff can be applied the provisions cited, the Constitutional Court's
requested from the parties a statement of consent with the abandonment of the oral
the negotiations. This agreement was the Chief of the District Office in frydek-mistek
and communities By being granted.
2. In a separate scope of the municipality in which a municipality may issue
generally binding decrees, undoubtedly include the obligation to ensure
cleanliness and order in the village, a collection of household waste, as well as its
safe disposal of [(article 14, paragraph 1, point (a). r) Act No. 367/1990 Coll., on
municipalities in the wording of later regulations)]. Questions related to the way
storage of domestic waste, therefore, the community may modify the generally binding
by Decree.
However, as regards the determination of local taxes, their rate, mode
the collection, exemption from them, etc., is a municipality required to respect the valid
the text of Act No. 565/1990 Coll., on local charges. The municipalities are the following
the law empowered to issue generally binding decrees governing the
local charges but only in the cases is calculated in section 1
of this law. Edit other fees generally binding Decree is
in conflict with the law. Fees for transport of municipal solid
waste are not between the fees designated in section 1 of the Act No. 564/1990 Coll.,
that the municipality can adjust its generally binding Decree means, that that part of the
generally binding decrees, which regulates such a charge is contrary to the
by the law. Neither Act No. 238/1991 Coll., on waste, which refers
the legal representative of the village cannot be deduced By the municipality to establish permissions
fees for transport of municipal solid waste. The contested paragraph of part I. 4,
II., III. and (IV). generally binding decrees, however, determined By the municipality
the obligation of citizens to pay a local charge for removal of municipal solid
waste, annual rate of fee, exemption from the fee and its
maturity. In this context, it should be pointed out that, according to article 104
paragraph. 3 of the Constitution of the Czech Republic the Municipal Council may, within the limits of their
the scope of the issue generally binding decrees, while enabling
the provisions contained in that article of the Constitution of the Czech Republic
relates to the power to issue generally binding decrees separate
the scope of the municipality. If it is part of the application of the public authority of municipalities also
the unilateral establishment of rights and obligations of natural and legal persons,
is limited to the scope of article 2 (2) of the municipalities. 4 of the Constitution of the CZECH REPUBLIC, and article 2
paragraph. 3, article 4, paragraph 4. 1 of the Charter of fundamental rights and freedoms. According to the
Article 4, paragraph 4. 1 of the Charter of fundamental rights and freedoms may be obligations
saved only on the basis of the law and within the limits and in accordance with article
2 (2). 4 of the Constitution of the Czech Republic, and article 2, paragraph 1. 3 of the Charter of fundamental
rights and freedoms must not be forced to do what the law does not impose. Village
therefore can issue generally binding decrees, whose contents are the legal
obligations only on the basis and within the limits of the law. To issue generally binding
the Ordinance, which are the legal obligations of the municipality therefore
authorised only in case of explicit legal authorization.
By Decree of the village of 14 June. 12.1991 is, therefore, with regard to part I.
paragraph. 4, part II, part III. and part IV, in breach of article 2 (2). 4 and
Article 104, paragraph. 3 of the Constitution of the Czech Republic, as well as article 2, paragraph 1. 3 and
Article 4, paragraph 4. 1 of the Charter of fundamental rights and freedoms, section 14, paragraph. 1 (a).
r) and section 16, paragraph. 2 Act No. 367/1990 Coll., on municipalities, and Moreover, even with ust. §
1 law No. 565/1990 Coll., on local charges.
The Constitutional Court of the CZECH REPUBLIC therefore decided that the provisions of article I, paragraph. 4,
Article II, article III. and article IV. generally binding decrees the village
Raškovice about disposal of municipal solid waste and about the local fee
its removal are deleted on the day of the announcement of the award in the collection of laws.
The President of the Constitutional Court of the Czech Republic:
JUDr. Kessler v. r.
Ad 1) § 2 (2). 7, § 5 (3). 1 (a). (b)), e) f) No. 238/1991 Coll., on the
waste
2) § 3 (3). 1, 2, 3. Arch. microbiol. 238/1991 Coll., on waste