18/1995 Sb.



FIND



The Constitutional Court of the Czech Republic



On behalf of the Czech Republic



The Constitutional Court of the Czech Republic decided in plenary on 24. January 1, 1995 in the matter of

design of přednostky District Office in České Budějovice on the abolition

generally binding decrees of the municipality Ledenice from day 3. November 1993 on the

the fee for refuse collection and landfilling of solid household waste



as follows:



The Ordinance of the municipality Ledenice about fee for refuse collection and landfilling of solid

household waste, adopted by the municipal government in Ledenicích day 3.

November 1993, date of publication of the finding in the journal of laws.



Justification



On 14 June 2004. 11. in 1994, the Constitutional Court of the Czech Republic received the proposal from the přednostky

District Office in České Budějovice on the cancellation in general binding

the Ordinance of the municipality Ledenice about fee for refuse collection and landfilling of solid

household waste. The Decree was adopted by the municipal government in the

Ledenicích 3 July 2003. 11.1993 unanimously twelve present from

patnáctičlenného Council and took effect March 20. 11.1993. In

the village was hoisted from the 5. 11.1993 to 6. 12.1993.



The municipality Ledenice in representation of 15 July. 12.1994 said that the proposed

rejection of the District Office in České Budějovice, because

the decree had a positive contribution to improving the environment of the municipality,

has contributed to the reduction in the number of black and cover the costs, which the municipality in

connection with the collection and storing of waste spending.



The Constitutional Court of the Czech Republic in accordance with the provisions of article. paragraph 87. 1 (a). (b))

The Constitution of the Czech Republic has examined the proposal for District Office in

České Budějovice. According to the article. paragraph 79. 3 of the Constitution, the authorities of the local

authorities on the basis and within the limits of the law to issue legislation

If they are empowered to do so by law. According to the article. paragraph 104. 3 of the Constitution may

of the limits of its competence to issue generally binding decrees.

If the municipality shall issue generally binding Decree on issues, which is not

entitled to a decree of the edit, this is generally binding Decree in

violation of the law. The Constitutional Court is competent to assess whether the municipality

the relevant question was competent to edit generally binding Decree.



The enumeration areas falling within the scope of the separate municipalities, contained in the

the provisions of § 14 paragraph. the CZECH NATIONAL COUNCIL Act No. 367/1990 Coll., on municipalities, as amended by

amended, along with section 16 of the Act specifies the range

permission of the municipality to issue generally binding regulations. In General, binding

the provisions of the municipality must, however, respect the valid legal order and its content

must be in accordance with it (section 16 (2) of the CZECH NATIONAL COUNCIL Act No. 367/1990 Coll., on

the municipalities).



To separate the scope of the municipality pursuant to § 14 paragraph. 1 the letter r) of CNR

No. 367/1990 Coll. undoubtedly include the obligation to ensure the purity and

order in the village, the collection of household waste, as well as its safe

the liquidation. Questions related to the way of storing household waste

(the location of the collection containers, the obligation to store the waste in these containers,

the ban on the so-called. the wild the way landfills, refuse disposal, etc.) can therefore

the municipality of edit generally binding Decree.



However, as regards the determination of local taxes, their rate, mode

their collection, exemption from them, etc., is a municipality required to respect the

applicable law the CZECH NATIONAL COUNCIL No. 565/1990 Coll., on local charges. The village

Although the CZECH NATIONAL COUNCIL Act No. 565/1990 Coll. empowered to issue generally

binding ordinances governing local taxes within the meaning of § 15 paragraph. 1

the cited law, but only in the cases listed in its section 1

listed. The adjustment of charges for the removal and landfilling of solid household

waste is not listed among them. Law No. 238/1991 Coll., on waste, article

10 notes that fees for waste disposal shall apply to natural or legal

the person, to the extent and in the manner established by the laws (national councils);

Therefore, this cannot be the way to deal with a local charge. This law is

You can't draw a permission of the municipality to establish fees for the removal of solid

municipal waste, because these fees are neither between charges

exhaustively listed in section 1 of the CZECH NATIONAL COUNCIL Act No. 565/1990 Coll., which is the municipality

entitled to edit its generally binding Decree; This means that their

the modification is in the powers of the municipality and the generally binding Decree, which charges

regulates, is in conflict with the law the CZECH NATIONAL COUNCIL No. 565/1990 Coll., on local

the fees.



For these reasons, the Constitutional Court of the Czech Republic decided that the proposal

přednostky District Office in České Budějovice, in full

suits and generally binding Decree the municipality Ledenice from day 3. 11.1993,

for lack of the CZECH NATIONAL COUNCIL Act No. 565/1990 Coll., on local charges,

repealed.



The President of the Constitutional Court of the Czech Republic:



JUDr. Kessler v. r.