9/1995.



FIND



The Constitutional Court of the Czech Republic



On behalf of the United States



The Constitutional Court of the Czech Republic decided in plenary on 17. January 1995 on

the design of přednostky District Office in České Budějovice on the abolition

generally binding decrees the village of Sparrows about the fee for the ride and tipping

solid household waste, adopted on 22 November. April 1994, which came into

effective date 9. May 1994,



as follows:



Generally binding Decree the village of Sparrows about the fee for the ride and tipping

solid household waste, adopted by the municipal government in the South of the day

April 22, 1994, is repealed on the date of publication of the finding in the journal of laws.



Justification



On 18 July 2005. 11. in 1994, the Constitutional Court of the Czech Republic received a proposal from přednostky

District Office in České Budějovice on the repeal of the generally binding

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

waste.



The Decree was adopted by the Municipal Government on 22 November in the South. 4. the 1994

and came into force on 9 July 2005. 5.1994. In the village was posted up by 23. 4. the 1994

to 9. 5.1994.



The municipality of Sparrows in its observations of 13 January 2004. 12.1994 said that the contested

generally binding decree issued from those reasons that all citizens,

who lives in the village or here commute to recreation, paid for by them

the waste produced by a reasonable fee, and thus avoid creating

the black landfill sites.



The Constitutional Court of the CZECH REPUBLIC in the finding, published in the amount, under the number 38

120/1994 Coll., which came into force on 10 July 2004. 6.1994, solved

the issue generally binding decrees issued By the municipality of destruction

municipal solid waste, and local fee for its removal. Cited

finding this was a generally binding Decree abolished, since its

the individual articles were found to be in conflict with the Constitution of the CZECH REPUBLIC, by the Charter of

fundamental rights and freedoms and section 16(1). 2 of the Act No. 367/1990 Coll., on

municipalities, and with the provisions of section 1 of Act No. 564/1990 Coll., on local

fees.



The proposal considered by the Constitutional Court of the CZECH REPUBLIC in accordance with the provisions of article. 87 para.

1 (b). (b)) of the Constitution of the CZECH REPUBLIC. In the article. paragraph 79. 3 of the Constitution states that the authorities

local authorities may, on the basis and within the limits of the law to issue legal

regulations, if they are authorised to do so by law. In the article. paragraph 104. 3 of the Constitution of the CZECH REPUBLIC

is regulated by the law of the limits of its competence to issue generally

binding decrees.



In a separate scope of the village include, inter alia, the obligation to ensure

the purity of the municipality of, removal of household waste and their safe disposal [§

14. 1 (b). r) Act No. 367/1990 Coll.] and also the

types of local taxes and their rates under a special law, i.e.

Act No. 564/1990 Coll., on local charges, as amended

amendments [section 14, paragraph 1, point (a). h) Act No. 367/1990 Coll.]. In accordance with the

autonomous municipality of this subject can edit by using the

generally binding decrees. Within the meaning of the provisions of § 16 para. the CZECH NATIONAL COUNCIL Act

No. 367/1990 Coll., on municipalities, as amended, must be

generally binding Decree in accordance with the laws and generally binding legal

rules issued by the Central Government to implement them.



The contested Decree general binding of the municipality of Sparrows in the article. (I) to (III) lays down

fees for hauling and landfill of waste, determines their rate in the

Depending on the ownership of real estate and the number of residential units in it. In

article. (IV) the due date of the fee is modified, its mode of collection and the amount of the

sanctions for non-payment.



Determination of local taxes, determining their amount, rate, how they

the collection of regulated by the Act No. 564/1990 Coll., on local charges in

the text of the amendments. In section 1 of this Act, which exhaustively calculates local

charges that the municipality can adjust their generally binding Decree,

the fee for the transportation of municipal solid waste is not listed. Permission of the village

provide for fees for the removal of solid domestic waste, does not imply of

Act No. 238/1991 Coll., on waste. It is therefore completely beyond doubt, that the municipality

Vrábče adjusted its generally binding Decree issues that

is not entitled to issue a decree to deal with. This means that the challenged general binding

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

the waste is in direct conflict with the Act No. 564/1990 Coll., on local

fees.



The President of the Constitutional Court of the Czech Republic:



JUDr. Kessler v. r.