On The Proposal To Repeal Section I, Paragraph 1. 4 And Parts Ii, Iii And Iv In General

Original Language Title: o návrhu na zrušení části I odst. 4 a částí II, III a IV obecně

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=41996&nr=120~2F1994~20Sb.&ft=txt

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