284/2012 Sb.
FIND
The Constitutional Court
On behalf of the Republic of
The Constitutional Court decided under the SP. zn. PL. TC 34/10 on 24. July 2012 in
plenary in the composition of Stanislav Package, Vlasta Formankova, Turgut Güttler,
Pavel Holländer, Ivana Janů, Vladimir Crust, Dagmar Lastovecká, Jan
Musil, Jiří Mucha (reporter judge), Jiří Nykodým, Pavel Rychetský,
Miloslav Výborný and Michael Židlická of the proposal of the Supreme Administrative
the Court, which is JUDr. Marie Žišková, an unconstitutionality
Part 7 of title II of part III of the Act No. 150/2002 Coll., the administrative court rules,
in the text of the amendments made to the law before the No. 303/2011 Coll., with the participation of
The Chamber of Deputies and the Senate of the Parliament of the Czech Republic as participants
and management 1. The Way, s. r. o., company 27,686,418, based in Brno, workers '
1222/53, 2. ONE Develop, s. r. o., company 26,945,151, based in Brno,
Workers ' 1222/53, 3. AB-NET, s. r. o., company 25,581,805, based in Brno,
Olomouc 164a, 4. REWIN BRNO, s. r. o., company 64,511,855, based in Brno,
Hospital 7, 5. HYDROSPOL, spol. s r. o., COMPANY REGISTRATION NUMBER 44,015,925, registered office
Troubsko, Sadová 483/11, 6. Urbania, s. r. o., COMPANY REGISTRATION NUMBER 26,242,826, registered office
Moravany, Chief 21, 7. BMC BALTAS, s. r. o., COMPANY REGISTRATION NUMBER 25,732,439, registered office
Brno, Hviezdoslavova 29b, 8. Medim, spol. s r. o., COMPANY REGISTRATION NUMBER 47,903,279,
Brno, the peasants ' 80, 9. And, PORTAFER r. o., Reg. No. 25,327,470, registered office
Brno, Úvoz 129/88, 10. Deltasys, s. r. o., company 27,661,903, based in Brno,
Provides 12, 11. ZZM, spol. s r. o., COMPANY REGISTRATION NUMBER 25,595,351, registered office in Hungary
Siding 1108, 12. Ing. T. D., 13. The m. D., and 14. With D as the side
Parties to the proceedings,
as follows:
The proposal is rejected.
Justification
(I).
The proposal for the opening of the procedure and its change
1. In the draft Constitutional Court registered as received on 22. 6.2010 the Supreme Administrative
the Court suggested the procedure laid down in article 4(1). paragraph 95. 2 of the Constitution of the Czech Republic (hereinafter the
"the Constitution"), the cancellation of the part 7 of title II of part III of the Act No. 150/2002 Coll.
the administrative court rules, as amended by Act No. 127/2005 Coll., IE. in the text of the
as at the date of filing, that is. § 101a up 101 d (code of civil procedure of the administrative
"with a. l. s."). In the contested legal proceedings about the cancellation of the measures
of a general nature found a contradiction with the principle of legal certainty resulting from the
the concept of the rule of law according to the article. 1 (1). 1 of the Constitution and also with the law
ownership, the right to entrepreneurship and the principle of the equality of the participants
of the proceedings according to article. 11, 26 and article. paragraph 37. 3 of the Charter of fundamental rights
and freedoms ("the Charter"). Non-compliance with the law also found
due process in the form of the right of access to court under article. paragraph 36. 1
and 2 of the Charter and the law of territorial self-governing units according to the article on the Government.
paragraph 100. 1 of the Constitution.
2. In the course of the proceedings in case sp.. PL. TC 34/10 challenged the constitutional
of the Court of 21 June. 3.2011 constitutional complaint against a judgment of the Supreme
Administrative Court of 18 May. January 2011 No 1 Ao 2/2010-185, which
was associated with the proposal to repeal section 101a up 101 d s. l. s. Because in
This matter is already before the constitutional court proceedings took place in case sp.. PL.
TC 34/10, the Constitutional Court, resolution SP. zn. PL. TC 21/11 of 10 November.
5.2011 (available on http://nalus.usoud.cz) decided pursuant to the provisions of section
paragraph 35. 2 Act No. 182/1993 Coll., on the Constitutional Court, so that it is
the proposal unacceptable. At the same time decided that the complainants have the right to
to participate in the proceedings for the earlier filed design as by the participants (section 35
paragraph. 2 the second sentence for a semicolon to the law on the Constitutional Court).
3. The Supreme Administrative Court said that the proposal in question according to the article. paragraph 95. 2
The Constitution serves their decision-making activities in the matter of j.
1 Ao 1/2010-156. The applicant seeks the annulment of the measures
of a general nature-change no. 1 of the territorial plan of the village Kamenice approved
the top of the village on 12 June 2006. 7.2005 and announced by the generally binding
by Decree of the village Kamenice No. 2/2005, amending generally binding
the Ordinance of the village Kamenice No 11/2000 on the publication of the binding section of the territorial
planning documentation of the village Kamenice. The applicant in the proceedings before the
The Supreme Administrative Court is the owner of the land in question concerned
by changing the zoning plan and the violation of their rights to ownership disputes and
the right to entrepreneurship by the fact that, as a result of the action of a general nature
cannot implement specific structures, intended for business (or your
business plan). The Supreme Administrative Court, which has to decide on the
the proposal to repeal the contested part of the said measures of a general nature,
He came to the conclusion that the legislation dealing with the management of repeal of measures
of a general nature or its part, which is to be applied in a particular case,
Unable to unload the constitutionally Conformal manner and you need to cancel it.
4. In the course of the proceedings, the Constitutional Court found that the 11 December. 4.2011 Government
The Czech Republic submitted to the Chamber of Deputies a draft law authorising the
amended Act No. 150/2002 Coll., the administrative court rules, as amended
regulations, and some other laws (the Chamber of Deputies election, VI.
period, print no. 319). In paragraphs 51 to 55 of this legislative initiative
significant changes were proposed, the contested legislation, IE. Part 7
Title II, part III, s. l. s. (Section 101a up 101 d). Due to the
This circumstance was awaited completion of the legislative process, in order to
Obviously, what the legal status of the contested provisions will need to be
decide.
5. On 14 June 2004. 10.2011 was published in the collection of laws Act No. 303/2011
Coll., amending Act No. 150/2002 Coll., the administrative court procedure code, as amended by
amended, and some other laws. This amendment significantly
changed the rules of the proceedings for the annulment of measures of a general nature and its parts
contained in part 7 of title II, part III, s. l. s. (see Act No. 303/2011
Coll. points 55 to 60). Amendments of the regulations set out administrative way
Act No. 303/2011 Coll. took effect on 1 May 2004. 1.2012. The provisions of the article.
(II) point 1 of the transitional provisions determine that if not specified
otherwise, the revised rules of court and administrative proceedings initiated for
before the date of entry into force of this amendment. For the ongoing proceedings before the
The Constitutional Court was the fact that a substantial article. (II) section 9 of Act No.
303/2011 Coll. has established an exception to that rule. Declare that already
initiated proceedings for the annulment of measures of a general nature or its parts,
which was not decided until the date of entry into force of the amendment to the
administrative judicial procedure shall be completed according to present legislation
regulations.
6. In the follow-up to this transitional provision, the appellant turned on
The Constitutional Court with a proposal that was acceptable to change the design and to the constitutional
the Court issued the "interpretative" award, which will be addressed, that "the provisions of the
Part 7 of title II of part III of the Act No. 150/2002 Coll., the administrative court rules,
in the text of the amendments made to the law before the No. 303/2011 Coll., has been in the
contrary to the article. 1 (1). 1 and article. paragraph 100. 1 of the Constitution and article. 11, 26 and article. 37
paragraph. 3 of the Charter of fundamental rights and freedoms ". This proposal, the Constitutional Court
and resolution No. j. pl. TC 34/10-52 design change, he admitted, without
the closer could deal with meritem things. The subject of the proceedings is therefore become
determine whether "the provisions of part 7 of title II of part III of the Act No. 150/2002
Coll., the administrative rules of court, as before the amendments made by law No.
303/2011 Coll., was in breach of article. 1 (1). 1 and article. paragraph 100. 1 of the Constitution and
article. 11, 26 and article. paragraph 37. 3 of the Charter of fundamental rights and freedoms ". It is not
Therefore, in the context of the contested part 7 of title II of part III.
r. s. only changed parts of its provisions, as mentioned
transitional provision requires the use of this part of the code of civil procedure
administrative in the original version, and it as a whole. Petit also design
This work is directed against the administrative judicial procedure as a whole, although
the argument is conducted (see below), just against some of its parts.
II.
Recap of the proposal
7. The Supreme Administrative Court the present proposal according to the article. paragraph 95. 2 of the Constitution
served in the context of its decision-making activities in the case in which the
the question of timeliness, and ever time limit time limit for the submission of the proposal on
the abolition of the measures of a general nature became the subject of the procedure with different
the opinions of the participants (see judicial SP. zn. 1 Ao 1/2010, no l.
158 and 159). In the proceedings before the Supreme Administrative Court, the petitioner
(Strojmetal Kamenice, a. s.) annulment of the measures of a General
nature-no changes. 1 of the territorial plan of the village Kamenice approved
the top of the village on 12 June 2006. 7.2005 and announced by the generally binding
by Decree of the village Kamenice No. 2/2005, amending generally binding
the Ordinance of the village Kamenice No 11/2000 on the publication of the binding section of the territorial
planning documentation of the village Kamenice. This is the owner of land
by changing the question concerned the territorial plan and claims violation of his
the rights of ownership and rights to the business that, as a result of that
measures of a general nature cannot implement specific structures, intended for
business (or its business plan), and for several years
deeply convinced that the performed by changing the zoning plan has to
the very significant intervention into its subjective rights. Interval
between changing the zoning plan and the proposal was the appellant in the proceedings before the
The Supreme Administrative Court, however, pointed to the fact that
law (prior to the amendment of order administrative) no time limit
has provided. The Supreme Administrative Court in this stage of the proceedings concluded,
that legislation, which is to be applied in a given case, it cannot be interpreted
constitutionally Conformal manner. Therefore, he handed the procedure laid down in section 64 paragraph. 3
Act No. 182/1993 Coll., on the Constitutional Court, as amended,
proposal to repeal part 7 of title II, part III, s. l. s. as a whole.
Following the amendment of the code of civil procedure of administrative applied for admission
design changes, which the Constitutional Court upheld (see sub 6 above).
8. In the grounds of its proposal, the Supreme Administrative Court first analysed the
the circumstances of the classification of the measures of a general nature to Institute the rule of law and
problems of the development of the case law described in terms of its formal and
the material concept. For the purposes of the present draft emphasized that
measures of a general nature in the domestic law is an administrative act only with the
specifically (individually) defined subject and generally by the designated
addressees, and not with specific addressees and abstract subject.
A specific definition of the subject is the key character that distinguishes the measures
the general nature of the legislation and closing it to the individual
an administrative act. The purpose of the measures of a general nature is the specification of the obligations
already arising from the law, but in response to a particular situation,
that is the subject of such a measure. The adjustment of the contested provisions of section
101a up 101 d s. l. s., as amended by 31. 12, 2011, the appellant called a
kusou and imperfect, but very important from the point of view of the protection of
the addressees of the measures of a general nature. However, it is considered in the form of to 31.
12.2011 for constitutionally unacceptable.
9. the applicant stated that, in General, most of the management of the measures of a General
the nature of the concerns of the territorial plans. Territorial plan was for general measures
the nature of the new zoning laws declared no 183/2006 Coll. on territorial
planning and building code (the building Act), effective since 1. 1.2007.
Territorial plans issued by the previous building Act No. 50/1976 Coll., on the
land use planning and the building code (the building Act), as amended by
amended, were considered as measures of a general nature on the
the basis of the concept of the material concept as formulated in the
the judgment of the Supreme Administrative Court No 1 Ao 1/2005-98 and award
The Constitutional Court, SP. zn. PL. ÚS 14/07 from 19 June. 11.2008 (N 198/51 SbNU
409) Material suggests a novel concept and the building Act law
No 191/2008 Coll., amending Act No. 183/2006 Coll. on territorial
planning and building code (the building Act), as amended by Act No. 68/2007
Coll., which from 3. 6.2008 in the section, paragraph 188. 4 edited by conversion of content
the legislation issued from the previous building Act and their
nature; It has been established that the generally binding decrees issued before 1. 1.
2007 defining a binding part of the territorial planning documentation shall be
for measures of a general nature. In addition, the proposal notes that the Institute
measures of a general nature was in the legal order of the Czech Republic introduced
Act No. 500/2004 Coll., the administrative code, and before the entry
the administrative code in efficiency (1. 1.2006) dropped anchor a few measures of a General
the nature of the Act No. 127/2005 Coll., on electronic communications and
some related laws (Act on electronic communications)
that at the same time in title II, part III, s. l. s. episode 7 governing
judicial review of measures of a general nature. The contested legislation
the applicant States that the legislature dropped anchor mailing option to turn
the Supreme Administrative Court with a proposal to repeal the measures of a general nature
or its part for conflict with the law, since the measures of a general nature
can significantly interfere in the legal sphere, when it determines their mailing
the specific rights and obligations. The protection of these rights through the
the court proceedings is therefore significant, however the Edit alone shows
the amount of deficiencies resulting from the preparation of the legal neujasněnosti
editing.
10. the proposal, with regard to the deficiencies of the total adjustment of the revocation
measures of a general nature, calls for the repeal of title II of part 7 to part III
s. l. p., IE. § 101a up 101 d s. l. s. These shortcomings by
the petitioner shall consist of:
in the absence of a) deadlines for the submission of the unconstitutional proposal on the review of the measures
of a general nature or in fixing the time limits for the discriminatory only a certain
Group entities (see below sub 13 n.);
(b) unreasonably short) period of 30 days for a decision on the proposal, and that of
for two reasons. One is the complexity and seriousness of the case and in the case of territorial
plans and for example. the length and complexity of the process itself, the adoption of
measures of a general nature (are not saying that you cannot decide within this period, always
seeks to its compliance). The second reason is the question of equality of the participants
the proceedings. While the claimant has to prepare and submit a proposal for the abolition of the
action unlimited time, respondent must as a rule on an extensive proposal
respond in a matter of days;
(c) the adequacy of the management concentration) on the abolition of the measures of a general nature
the Supreme Administrative Court, although this is a typical agenda for a
courts of first instance. In addition, a number of measures of a general nature, which may
be challenged, could lead to flooding the Supreme Administrative Court. In
last but not least the concentration causes the participants from the whole of the Republic of
disproportionate costs associated with conducting the Brno University of technology. the applicant's
However, aware that the organisation of the judiciary and the legislature and it is
inefficient or unreasonable editing is not a reason for its cancellation,
the contested legislation, however, indicates a clearly disproportionate;
(d) participation in the exclusion of the other) people in, in addition to the petitioner and
the defendant, although the repeal of the measures of a general nature can have a major
the effects on all the addressees of the measures.
11. The unconstitutionality of the legislation because of missing the deadline for the submission of
the proposal on the review of the measures of a general nature (reason sub 10. and) has found in the
to the principle of legal certainty, which, inter alia, reflected in the
the form of the request for the fixing of the time limits for the submission of the proposal to the Court. Here
the appellant points to find sp.. PL. ÚS 33/97 of 17 February 1997. 12.1997
(N 163/9 SbNU 399; 30/1998 Coll.), the judgment of the European Court of
human rights (hereinafter "ECHR") in the matter of Pérez de Cavanilles, the Council
against Spain (complaint No 28090/95) and to the case-law of the Court of Justice
The European Union (hereinafter referred to as "the Court") and the Tribunal [judgment
Of the Court (Fifth Chamber) of 26 March 2004. November 1985
C-42/85 Cockerill-Sambre SA v Commission, judgment of the Court of
15 July. January 1987 in case C-152/85 Misset v Council, Rudolf, the judgment of the
Of the Court (second Chamber) of 23 October. January 1997 in case C-246/95
Myrianne Coen against Belgium and the judgment of the Court of first instance (fourth
Chamber) of 18 July 2003. September 1997 in joined cases T-121/96 and T-151/96
Mutual Aid Administration Services NV v Commission] that the determination
the deadline for the submission of the application follows the legitimate aim of the proper performance of
Justice, legal certainty and helps preventing discrimination or
arbitrary treatment in the administration of Justice. He argues further that according to the
case-law of the Court of Justice of the EU in cases where there is no legislature
the period laid down, the proposal cannot be put off indefinitely and must be
submit it in due time, otherwise there would be a breach of the principle of legal
certainty and protection of legitimate expectations of the participants of the given legal relationship
(judgment of the Court of 14 July 1972 in case C-48/69
Imperial Chemical Industries Ltd v Commission, judgment of the Court of Justice
of 14 June. July 1972 in case C-52/69 j. r. Geigy AG against the Commission or
judgment of the Court of 24 July 2003. November 1987 in case C-223/85
Rijn-Schelde-Verolme v Commission).
12. On the other hand the plaintiff States that the principle of legal certainty is not
absolute value and it should be measured with other values, in particular
with the requirement of legality and the right to access to court. Legal troubles mean
the requirement for the compliance of the Act of the public authority with the right to (Act).
He stressed that due to the presumption of the legality of acts of the public authorities
and considering the rights and obligations of the persons concerned, that the Act
establishes, amends or cancels, as well as considering the possibility of issuing other
related acts, however, the intensity of the requirement to ensure the legality of the Act
the public authority is decreasing with time and, conversely, there is an increasing demand for legal
sure, that is. ensure the permanence of the Act. The task of the legislature
It is then to find a reasonable compromise between the requirements of legality and legal
the security. Here the appellant recalled the judgment of the Court of first instance-
now the Tribunal-(Fourth Chamber, extended composition) of 6 November 1997. in October 2005,
joined cases T-22/02 and T-23/02 Sumitomo Chemical Co Ltd and Sumika
Fine Chemicals Co. Ltd v Commission, according to which "the extent to which a time limit is
laid down, is the result of the election between the requirements of legal certainty and the requirements
legality on the basis of historical and social circumstances prevailing
in a society at a given time ". At the same time, it recognises that the Tribunal leaves
deadline for submission of the proposal on the initiation of proceedings before the Court or other
the Authority fully to lawmakers, is not considered competent to criticize
the choice made by the legislator and the possible fixing of the time limit itself
does not find it contradictory for the principle of legal certainty (paragraphs 82 and 83
of the judgment). At the same time, however, the case law of the Court of Justice
confirms that, in cases where there is no time limit set by the legislature,
submission of the proposal cannot be put off indefinitely and must be filed in
reasonable period of time, otherwise, there would be not only a violation of the principle of legal
security, but according to the circumstances and the legitimate expectations of the participants of the
the legal relationship (see, in relation to the permission of the Commission to impose a fine for the
infringement of competition law the judgment in case C-48/69 Imperial Chemical
Industries Ltd. v Commission [1972] Ecr, p., 619, paragraph 49, or
judgment in case C-52/69 j. r. Geigy AG v Commission [1972] Ecr,,
s. 787, paragraph 21; in relation to the Commission's permission to challenge an illegal
State support of the judgment in case C-223/85 Rijn-Schelde-Verolme against
The Commission [1987] Ecr, p., 4617, paragraphs 12 to 17).
13. the right of access to a court in the meaning of article 87(1). paragraph 36. 2 of the Charter not
absolute and neomezitelné. Its purpose is the possibility of a real and effective
protection against the acts of the public authorities. To do this, the appellant submits
the judgment of the ECTHR in case Freitag against Germany (application No. 71440/01), where
The ECTHR held that "the right to a trial, one aspect of which is the right to
access to the Court is not absolute; is subject to restrictions, for example. legal
the time limits. Where there is a right of access to court, restricted by law or
in fact, the Court examines whether the saved restrictions protect the essence of this
law, in particular whether it was watched by a legitimate purpose and whether there was a reasonable relationship
the proportionality between the means used and objectives pursued. Here
the appellant concluded his argument by saying that the principle of legal
Security is part of the constitutional order of the Czech Republic and also
of the Convention for the protection of human rights and fundamental freedoms (hereinafter referred to as
"The Convention"). It manifests itself, inter alia, in the form of a request for the determination of deadlines
to submit a proposal to the Court or other authority. When fixing the time limits is
the search must be reasonable and proportionate to the relationship between the principle of legal
the security and the requirement of legality and the right to access to court; unilateral
the preference of one of these values cannot be considered reasonable and
It can be described as a violation of the values, which have been suppressed. He did not rule
However, in exceptional circumstances, the principle of legal certainty in the form of
determination of time limits give way to General requirements of Justice (e.g..
rehabilitation, restitution).
14. The Supreme Administrative Court on grounds its proposal referred to
the legal opinion expressed in the resolution of the enlarged Board in case sp.. 1
AO 1/2009 in the case of proceedings for the annulment of measures of a general nature or
the part of the legislature any time limit for the submission of the proposal on the review of the
determined (except period implicitly arising from § 101a, paragraph 1, sentence
the second s. l. s.), such period not's interpretation of "přimyslit", as the
This would be inadmissible (not provided by law) to restrict access to
judicial protection of the [points to find SP. zn. PL. ÚS 83/06 of 12 March. 3.
2008 (N 55/48 SbNU 629; 116/2008 Coll.) with that of unconstitutional
space unavoidable constitutionally Conformal interpretation]; the proposal is limited
only the existence of the measures of a general nature. The unconstitutionality of the absence of time limits
According to the appellant's obvious from the initiation of the case sp.. 1 Ao 1/2010,
in which the proposal for a review of the year 2010 is directed against the territorial changes
the plan of the year 2005, while the territorial plan was adopted already in
2000. Therefore considers that the relationship between the principle of legal certainty on the one
hand, and the requirement of legality and the right to access to court, on the
the second does not respect the requirement of proportionality and reasonableness. No such
the reason you cannot find in the explanatory memorandum to the draft law on electronic
communications or from records of his hearing. As well as this
Edit the join with the requirement of General Justice or the need to undo the
serious wrongs. De facto absolute preference requirement the legality and
the right to access to court over the principle of legal certainty therefore assesses
as arbitrary.
15. This line of argument against the time that the review of the applicant
support the other arguments that can be used to organize for clarity
in the following way:
and the absence of a time limit for the unconstitutional) the submission of a proposal in connection with the material
the concept of measures of a general nature (in the case of territorial plans and according to
the revised section, paragraph 188. 4 "new" Building Act) allows you to
review of unlimited into the past, therefore, the subject of the review may be
many decades old territorial plans (published in the form of a generally binding
order at any time before 1. 1.2007). It is therefore possible to ban violation
retroactive application, and that the contested part of the administrative judicial procedure on
the process of adoption of urban plans before the entry into force of law No.
500/2004 Coll., the administrative procedure code;
(b)) because the Supreme Administrative Court is reviewing a formal first and then
only the material elements of the measures of a general nature, is obliged to cancel the
the measures also "only" on the basis of a formal misconduct, that has happened a number of
years before the filing of the application for review. Any procedural irregularities and
the powers and scope of the issues should be resolved in a reasonable and
reasonable period of time after the effectiveness of the plan. Stresses the need for a while
restraint in interfering with the relations arising from deep in the past
[mentions find SP. zn. II.-519/08 of 25 June. 9.2008 (N 157/50 SbNU
399) and resolution SP. zn. II. the TC 264/07 of 5 November. 6.2008, SP. zn. I. ÚS
889/07 of 24 August. 2.2009 and SP. zn. I. ÚS 3108/07 of 27 June. 12.2007
(nepublikována, available on SbNU http://nalus.usoud.cz)];
(c)) it can mean the intervention as to the constitutionally guaranteed rights of the owning
the assets referred to in article. 11 of the Charter, the right to entrepreneurship in accordance with article. 26
paragraph. 1 of the Charter;
(d) at the option of the cancellation) measures of a general nature (in particular, with the
a large detachment from the time of adoption) can also be considered as interference in the rights of the
According to the article on the Government. paragraph 100. 1 of the Constitution. The proposal does not seek to
nezměnitelnost territorial plans, however, sees the difference between going to
the change in the standard management adapted by participation
stakeholders, and in which it is the decision of the responsible
political actor (municipality), and the fact that cancels the plan after many years
dedicated to the Court decision. Such excessive intervention of the Court, albeit in
accordance with the law, is inconsistent with the right to self-government;
(e) measures of a general nature shall be subject to) the standard review procedure
the administrative authority referred to in section 94 to 99 of the administrative code, which can be used in accordance with the
§ 174, paragraph. 2 of the administrative code start not later than within a period of three years from the
their effectiveness. The amendment to section 188, paragraph. 4 of law No. 183/2006 Coll., however,
were excluded from the review procedure of territorial plans announced by the General
binding decrees (i.e. territorial plans adopted before 1. 1.2007).
The legislature thus raised a paradoxical situation when part of the urban plans
not in the review by the administrative regulations review and
the remaining portion of the only within three years of their effectiveness. At the same time
but judicial review for all plans unlimited, as a result of
judicial and administrative review can in both cases lead to the cancellation of the
land-use plan;
(f)) in the preparatory work is lacking any mention or justification for this
unlimited options for review. voucher for the requirements of the General
Justice (see sub 13);
(g)) of such legislation, which allows, through a court
the decision to interfere with the rights of ownership or the right to entrepreneurship
of third parties and which also does not provide any time limits for
the petitioner to submit a relevant proposal to the Court, it is clearly
incompatible with the requirements of the Convention. Here, the applicant refers to the judgment of the
The ECTHR in case the Kirov and others against Bulgaria (application no 31836/04, point
32);
(h)) the unconstitutionality of editing time limits for the submission of the proposal and considers that the
the omission of the legislator has resulted in even constitutionally neakceptovatelnou
the inequality of the two groups of subjects [refers to find SP. zn. PL. ÚS 36/01
of 25 June 2002. 6.2002 (N 80/26 SbNU 317; 403/2002 Coll.)]. It is given the wording of the
the second sentence of § 101a, paragraph. 1. r. s. (action is limited to the statutory
period, and therefore, if the applicant is obliged to submit a proposal for the abolition of the
the measures, together with the action, the proposal must be delivered to the Court in the same
the statutory time limit). The legislature thus distinguishes two groups of potential
the plaintiffs ' repeal of the measures of a general nature; the first group are persons,
that has been notified of the administrative decision, for whose release was used
measures (section 101 d 1 s. l. s. set a time limit for the submission of the proposal),
and the second group of persons who are either no administrative proceedings
did not initiate or have initiated, but yet they were not notified of the administrative
the decision (Section 101a 1 s. l. s. no time limit does not provide).
According to the Supreme Administrative Court is the resignation of legislator
on the determination of the period, and the resulting de facto absolute
the preference of the legality of the request and of the right of access to court is not
can be evaluated otherwise than as an arbitrary violation of the principle of legal
security, which is in conflict with the constitutional order of the Czech Republic. It arises
so the gap to the unconstitutional [find SP. zn. PL. ÚS 15/04 of 30 March 2004.
11.2004 (N 180/35 SbNU 391; 45/2005 Coll.)], which is referred to in the appellant's
contained in Section 101a s. l. s. Determination of the time limit for the submission of a proposal to start
the procedure for the cancellation of the measures of a general nature or its parts is however
condition control, which is decisive for the whole of the contested legislation.
Required by the conflict with the constitutional order could not be deleted only
the abolition of Section 101a s. l. s. It was therefore proposed to repeal the entire part 7
Title II, part III, s. l. s. (Section 101a up 101 d), later (see
Sub 6) voicing neústavnosti this edit as a whole.
16. this general conclusion the applicant adds other caveats to this
Edit. In particular, the obvious inadequacy of the legislation of the
review of the measures of a general nature, which manifests itself in several
aspects of; both the period of thirty days for the decision of the Court is completely
excessive complexity and seriousness of the matter, and also (especially in the case of
land use plans) the length and complexity of the process itself, the adoption of
measures of a general nature. The Supreme Administrative Court does not claim that in this period
It is not possible to decide (in their decision-making activities maximum seeks to
compliance with this deadline) or that this period of time puts a strain on the Court, however, this
a short period has serious impacts on the rights of the parties to the proceedings and their equal
standing before the Court. For example. While the applicant has available
an unlimited period to prepare and submit a proposal for the repeal of the measures
of a general nature or its part, the respondent must rule on an extensive proposal
respond in a matter of days. You can also consider a disproportionate concentration of
proceedings before the Supreme Administrative Court (closer to sub 10. c).
17. Finally, as indicated in the "rather to illustrate", points out the appellant and
on the legal exclusion of other persons from the proceedings in addition to the petitioner and the respondent
(see section 101b s. l. s.). As has been indicated above, the outcome of the proceedings of the
the abolition of the measures of a general nature or its part can have a major impact
to all the persons who are the addressees of the measures (e.g., in
the present case, it is proposed to abolish the General regulativů
relating to industrial production, which have an impact on all the territory of the
regulated land use plan). The statutory exclusion of these persons from participation in the
court proceedings and of the possibility to defend their rights can be regarded as inconsistent with the
the law on access to the Court under article. paragraph 36. 1 and 2 of the Charter.
18. In conclusion, the proposed repeal of part 7 of title II of part III of the Act.
150/2002 Coll., the administrative court procedure code, as amended by Act No. 127/2005 Coll., IE.
in the version in force at the date of filing. This proposal was subsequently reworded
based on the admission of design changes, as mentioned above (see sub 4 to
6), without real argumentation on amended or supplemented.
19. On 21. 3.2011 constitutional complaint, the Constitutional Court received pointing
against the judgment of the Supreme Administrative Court No 1 Ao 2/2010-185 dated
January 18, 2011-led under SP. zn. PL. TC 21/11 (see sub 2). In addition to the
the argument, which is directed against the verdict and the reasons of this judgment,
the plaintiffs propose and the repeal of parts of the law, was based on.
the contested judgment, that is. § 101a up 101 d s. l. s. Link yet
specifically on the appellant's argument in this proceeding in the matter of SP. zn. PL.
TC 34/10. They argue that, on the basis of unexpected changes and adjustments to the territorial
the plan of the municipality Moravany an intervention into their legal certainty,
ownership and rights to the business as a result of the destruction of their
investments. It further argues that the fundamental ústavněprávním the lack of contested
the judgment is the fact that when it was their legal
the options on the legal status and rights of their intervention, they couldn't
This however to participate in the proceedings. This violation of procedural rights is referred to in
their opinion about it more serious, that the Supreme Administrative Court was the existence of
rights of third parties. On the form of their application (infrequent
representatives of the municipality Moravany Bc. M. B.-see paragraph 44 of the judgment of the Supreme
Administrative Court SP. zn. 1 Ao 2/2010) responded by explicitly stated,
that the paper will not be taken into account. Such a procedure is from the side
participants of incorrect and constitutes interference in their right to a fair
process, including the equality of participants in court. Specifically, in this proceeding,
The Supreme Administrative Court set aside its judgment referred to above measures
of a general nature-Amendment No 4 (second part), 5, and 6 of the land-use plan of the municipality
Russia, which has been approved by a resolution of the Municipal Council of the municipality Moravany
No 2.4.-3.36.2009 25 May. 6.2009. These changes were made at the instigation of
secondary participants in relation with the realisation of their investment
projects in the locality. In the judgment of the Supreme Administrative Court upheld the proposal
three property owners affected by the change of the territorial plan of the
due to the intervention of their property rights, and for reasons connected with the
the procedure for approval of changes to the zoning plan initiated by the side
the participants in the present case. In its proposal for the minor participants
further argue that the expansion of the industrial zone, the Municipal Council of the municipality carried out
Moravany in 2009. The proposal to cancel the changes to the zoning plan of the municipality
was filed 10. 5.2010 and the Municipal Council of the municipality with him for the respondent
disagreed. After the 2010 election, however, the newly elected city government
changed as a respondent in the proceedings before the Supreme Administrative Court of your
position, with a proposal to cancel changes to the zoning plan benefits and
a hearing on 11 July. 1.2011 joined him. Secondary participants
the consideration of such a proposal came to the fall of 2010.
They state that, at the request of one of the representatives of the Municipal Council of the municipality
Moravany Bc. M. B. reviews are written by the representatives of the information about their
investment. He then turned on behalf of several persons, including the complainants,
the Supreme Administrative Court with the communication on the consequences of that would be possible
cancel changes to the zoning plan brought to third parties (see point 44
judgment No. 1 Ao 2/2010-185). The paper was delivered to the Court, 13 July. 1.
2011, i.e., after the oral hearing of the case, but even before the Court
made a decision on the merits, there was 18. 1.2011. At the time of
the Supreme Administrative Court decisions have been known to be factual
the effects of its decisions, including prejudice the rights of third persons. This
the fact the Supreme Administrative Court has confirmed in its decision (see paragraphs
44 and 67 of the judgment No. 1 Ao 2/2010-185), however, decided in favour of the
the protection of the rights of the plaintiffs and intervened by the abovementioned fundamental
the rights of the minor participants. Those in their extensive submissions are based on it,
they were not parties to the proceedings, the decision, however, be construed as a form of
Another intervention to their fundamental rights. In addition, they stress that
the current modern procedural theories are based on the difference between windscreen wiper
participants and neúčastníky control when institutes such as amicus curiae and
other informal application of tools of interest even to the Czech procedural
culture and the courts are increasingly taking into account the broader impact of its decisions,
to third parties. This trend should also submit to the Supreme Administrative
the Court, in particular with regard to the fact that the proceedings, which is
Typically, management, which has far-reaching impact on the definition of many persons.
The Court had the opportunity to interview any of the person concerned, request svědecky
documents from them, etc., but didn't. From this procedure, then the
secondary participants, it was that the Supreme Administrative Court has violated the right to
a fair trial, both formally gave them the right to
process the participation of the incorrect, and neprocesním in an unlawful manner, and
the material that followed in terms of its procedural practice grossly
single-minded in a way that takes into account only one of possible interest
entering into considerations of decision-making. Even if they are aware of the different
the circumstances of a particular case, referring also to the argument
the petitioner in this proceeding in the matter of sp.. PL. TC 34/10. At the same time in
this context argue inconsistency of the Supreme Administrative Court as the
the appellant, as in their opinion in the proceedings on the SP. zn. 1 Ao
2/2010 proceeded under the provisions of the administrative procedure, which
before he attacked the Constitutional Court in the case conducted under the SP. zn. Pl. ÚS
34/10. The Supreme Administrative Court to supporting participants also claimed that a number of
misconduct in its own decision. They point out, however, also conceptually
faulty approach when deciding on the proposals on the interference measures General
nature, which represents interference in the right to self-government, often gives
prefer the procedural objections, which have no real relationship to the content of the
the contested measure, and does not distinguish the peculiarities of deciding on the
the individual administrative acts and legislation. For all of these
the reasons supporting the participants turned to the Constitutional Court with the knowledge that you already
the proposal to repeal the relevant part of the code of civil procedure of the administrative hearing in
things SP. zn. PL. TC 34/10, and proposed its abolition, arguing that they will be
Act in the proceedings as interveners. For completeness,
notes that the legal representative of the participants looked the day 4. 1.2012 into
Court records sp.. PL. TC 34/10, at a time when there were new
the legislation. No more acts of minor participants in the proceedings
not done. At the same time to the challenge of the judge-rapporteur expressed agreement with the
abandonment of the oral proceedings.
III.
Representation of the parties
20. the Chamber of Deputies on the draft expressed her chair
Miroslava Nemcova, as soon as possible to discuss the judicial procedure of the administrative
(print no. 1080). Stated that it was discussed in three
readings of the day 25. 10.2001, 30. 1.2002, 8. 2. the 2002 and 15. 2.2002 (after the
the incorporation of the amendments) and was approved by 15 December. 2. the 2002 on 46.
the meeting when the vote no. 589, when 157 deputies present for the
the proposal for members and 103 against 44 members. Senate proposal said
the agreement of 21 June 1999. 3. the 2002 and President of the Republic signed it June 28. 3.
2002. the publication in the collection of laws on 17. 4.2002.
21. As regards the contested provisions themselves of the judicial code of the administrative,
President of the Chamber of Deputies said it was in the code of civil procedure
the administrative act is inserted 127/2005 Coll., on electronic
roads and amending certain related laws (the law on the
electronic communications), (part of the twenty-first section 171 paragraph 3). A proposal from the
the law on electronic communications submitted to the Chamber of Deputies
the Government of the day 7. 9.2004 (circulated as Council print no. 768). To the contested
the provision was in the explanatory memorandum the comment: "in the context of a strong
the requirement of Community law enshrining the rights of entities in the
market appeal against regulatory and other actions (which have in the draft
the law form of administrative decisions, measures and decrees of a general nature)
to their rights to an independent body (Court) and repeat this
the request in consultation with the representatives of the Commission of the European communities
It is proposed in accordance with article. 87 of the Constitution of the replenishment order administrative
the provision allowing the Supreme Administrative Court interfere with the measures
the general nature of the conflict with the law "(special section of the explanatory memorandum,
item 173). The Chamber of Deputies discussed the proposal in three readings on 23 June.
and 24. 9.2004, 14. 12.2004 and 17. 12.2004 (after incorporating
amendments). The proposal was approved by 17 December. 12.2004, 39. walking
When you vote no. 500, when 181 deputies present was for design 108
54 members and against the proposal. The Senate proposal to discuss and 27 June. 1.2005
decided to return it to the Chamber of Deputies with amendments.
The Chamber of Deputies remained on her adopted texts and in the final
the vote on the 41. the meeting of 22 November. 2. the 2005 draft was approved by the
167 members present voted for the proposal and against the draft 113 35
members. The President of the Republic, the law on electronic communications
signed on 21. 3.2005 and publication in the collection of laws was on 31 December 2004.
3.2005.
22. For the Senate to challenge the judge-rapporteur expressed his Chairman MUDr.
Přemysl Sobotka, who pointed out in its comments on the circumstances of the Insert
the contested provisions in the administrative judicial procedure, according to the explanatory memorandum
and pointed out the progress of the discussion of the proposal in the Senate. He stated that for
the return of the draft law on electronic communications in voting no.
16 of the 75 Senators present spoke against the proposal and for 59 2 senators.
He stated further that the debate in the Senate (including its committees)
content focused in particular on the proposal three Minister of Informatics
exalted circles problem (wiretapping, digitization and
the public multiplex, the relationship between the Office for the protection of economic
competition and the Czech Telecommunication Office). Institute of General measures
nature and its judicial review in more detail devoted to the Committee
education, science, culture, human rights and petitions, which it considered
for the Central Institute of the law on electronic communications, the proposed
judicial review, however, the nerozporoval, when his attention focused on the question
the efficiency of the administrative judicial procedure in relation to the effectiveness of the edit
the Institute measures of a general nature in the Administrative Procedure Act (Act No. 500/2004
SB.). The President of the Senate, considered it necessary to note that the contested
the provisions of the code of civil procedure of the administrative relationship to section 4, paragraph 4. 2
(a). (c)) and section 48 paragraph. 2 (a). (e)) s. l. s. To small print design has not commented
and leave this question as well as the President of the Chamber of Deputies on
The Constitutional Court.
IV.
Formal conditions of discussing the proposal and the constitutionality of the legislative
procedures
23. Pursuant to section 68, paragraph. 2 Act No. 182/1993 Coll., on the Constitutional Court, in
the text of Act No. 48/2002 Coll., Constitutional Court in proceedings for annulment
laws and other legal regulations, whether the contested act or other legal
the regulation was adopted and published within the limits of the Constitution laid down the competence and
constitutionally prescribed way. In the present case, however, it is a part of the
administrative judicial procedure, which in the course of the procedure has been changed
some of the provisions, which was attacked by the proposal. For the present
the thing here is the essential fact that according to the article. (II) section 9 of Act No.
303/2011 Coll. (IE. the amendment to the administrative judicial procedure) is already opened
proceedings for the annulment of measures of a general nature or its parts, in which the
It was not decided until the date of entry into force of the amendment of the
order administrative, completes the existing legislation. The subject of the
management is, therefore, the constitutionality of the entire part 7 of title II, part III, s. l. s.
his status until 31 December 2006. 12.2011, since it is the legal status, of which it must
The Supreme Administrative Court. For the Constitutional Court, it indicates that the subject of the
the proceedings will inevitably as already repealed, however, applicable
the provisions of this part, its provisions still remain in the
validity, even if it was by changing the key part of this substantially
hit. Therefore, you must follow the requirements of section 68, paragraph. 2 of the Act
No. 182/1993 Coll., on the Constitutional Court, as amended by Act No. 48/2002 Coll.,
to their full extent.
24. From the representation of the Chamber of Deputies and the Senate, and of těsnopiseckých messages
(The Senate sent as an annex to the statement in the Chamber of Deputies
published on the Internet on website
http://www.psp.cz/sqw/historie.sqw?T=768&O=4) shows that the Chamber
the Chamber of Deputies approved the Bill on electronic communications
(containing the challenged provisions of the judicial code administrative) in the third
reading on 17. 12.2004, when members of the 181 was to design
108 and 54 members against the proposal. The Senate proposal is returned with the EP amendments,
proposals 27 June. 1. in 2005, when from the present 75 Senators were to return
the proposal with amendments 59 senators and 2 were against. Subsequently,
The Chamber of Deputies approved the proposal in the original language (i.e., the text of the
approved by the Senate before forwarding) on 22. 2.2005, when from the present
167 votes for and against the draft proposal 113 35 members. The law on the
electronic communications was signed by the respective constitutional factors
and was under no 127/2005 Coll. properly declared in the amount of the collection of laws, 43
that was circulated on 31 December 2004. 3.2005, and pursuant to section twenty-seventh section 179
took effect "the first day of the second month following the date of its
the publication of ", that is, on 1 May 2004. 5.2005. The Constitutional Court concluded that the
the contested provisions of the administrative procedure adopted constitutionally
prescribed procedure.
25. Similarly, the Constitutional Court came to the conclusion that after the formal page
proposal in accordance with the requirements of article. paragraph 95. 2 of the Constitution and § 64 paragraph. 3 of the law
No. 182/1993 Coll., on the Constitutional Court, as amended. In
proceedings before the Supreme Administrative Court in SP. zn. 1 Ao 1/2010
the applicant seeks the annulment of the measures of a general nature 1-no changes.
territorial plan of the municipality of Kamenice Municipal Board approved the village on 12 June 2006. 7.
2005 and generally binding Decree declared the village Kamenice No. 2/2005,
amending generally binding Decree the village Kamenice No 11/2000 on the
the publication of the binding section of the planning documentation of the village Kamenice.
It is a question of the legality of the public service Act, in which it is to be
to answer the question, whether this Act (measures of a general nature) was issued for
compliance with the rules laid down in the constitutional order. The provisions of § 101a to
s 101 d. l. s. to be immediately used to resolve things, taking
on the assessment of their constitutionality as at 31. 12.2011 depends more
procedure the appellant in these proceedings. The proposal was therefore filed a legitimate
by the applicant.
26. The Constitutional Court also joined the draft judicial SP. zn. 1 Ao
1/2010. Considering that the present legal problems, and all the
the facts of the case were sufficiently apparent from the documentary
documents, the Constitutional Court of the procedure under section 44, paragraph. 2 of the law on the constitutional
the Court refrained from the oral proceedings, since it could not be expected
further clarification of the matter and the parties to the proceedings with the consent of the danger ahead.
In the.
The assessment of the constitutionality of the proposal the provisions
27. On this basis, after a review of the contested provisions of § 101a to
s 101 d. l. s. The Constitutional Court has come to the conclusion that the proposal is not reasonable. Was
in so doing, guided by the following considerations.
28. The contested provisions of the code of civil procedure to be applied in the administrative
the meaning of the article. (II) section 9 of Act No. 303/2011 Coll. in the wording:
"Part 7
The procedure for the cancellation of the measures of a general nature or part of the
Section 101a
(1) a proposal for the repeal of the measures of a general nature or its affiliates shall be entitled to
bring the one who claims that he was on their rights to those of a general nature,
issued by an administrative authority, truncated. If according to the law at the same time
be entitled to in respect of the measures of a general nature that was used, in
the administrative judiciary, lawsuit or another proposal, may propose the abolition of
measures of a general nature only along with such a proposal.
(2) a proposal for the repeal of the measures of a general nature or its parts, issued by the
municipality or region may make also the Ministry of Interior.
(3) a proposal for the repeal of the measures of a general nature or its parts, issued by the
the region, also may be made by the municipality.
(4) the respondent is the one who issued the measures of a general nature, whose cancellation
or cancellation of its parts is proposed.
section 101b
The participation of other parties to the proceedings (section 34) is excluded.
section 101 c
To control the withdrawal of the measures of a general nature or its parts is the competent
The Supreme Administrative Court.
section 101 d
Judgment and its effects
(1) when deciding the Court assess the consistency of the measures of a general nature,
the law, and whether the person who issued it, within the limits of their
scope and jurisdiction, and whether the measures of a general character issued by the law
laid down in a way. While not bound by the reasons for the proposal.
(2) if the Court concludes that the measures of a general nature or part of the
are in conflict with the law, or that the person who issued it, exceeded the limits
its scope and powers, or that the measures of a general nature was not
published by the law laid down by way of measures of a general nature or its
part cancels a date determined in the judgment. If the proposal is not reasonable, the Court
It will be rejected. The Court on the application for annulment of the measures of a general nature or its
parts shall decide within 30 days thereafter, when the proposal reached the Court.
(3) If, on the basis of the measures of a general nature, which was cancelled, or
If, on the basis of the measures of a general nature, which has been repealed,
decision on administrative tort and this decision has the legal power, but
has not yet been done, is the abolition of such measures of a general nature or
part of the reason for retrial under the provisions of the relevant
of the procedural regulation.
(4) the rights and obligations of the legal relations arising from the abolition of
measures of a general nature or parts of it remain untouched.
(5) To pay the costs of the parties to the proceedings have no right. "
29. As already mentioned above, the basic condition for the management of specific
control legislation, where the applicant is a General Court, is
met. In the present case, the applicant (Strojmetal Kamenice, a. s.)
management kept under sp.. 1 Ao 1/2010 before the Supreme Administrative Court
seeks the annulment of the measures of a general nature-Amendment No. 1 of the territorial plan
the municipality of Kamenice Municipal Board approved the village on 12 June 2006. 7. the 2005 and
generally binding Decree declared the village Kamenice No. 2/2005, which
amending generally binding Decree the village Kamenice No 11/2000 on the publication of
binding of planning documentation of the village Kamenice. In the proceedings before the
The Supreme Administrative Court, because this is a question of legality
Public Service Act, in which it is necessary to answer the question, whether this
Act (measures of a general nature) has been issued in compliance with the rules laid down
the constitutional order and its content does not interfere with constitutionally guaranteed rights
and freedoms of their addressees referred to in article. 11 and 26 of the Charter. The infected
the provisions of the code of civil procedure has to be applied to administrative immediately when
the solution of the matter, the assessment of the constitutionality of § 101a up 101 d s. l. s. in the
the text of the 31. 12.2011 depends more procedure the appellant in these proceedings.
The proposal was therefore from this general terms, filed by authorized
the constitutionality of the law by the applicant, that challenge is in progress
proceedings apply. In contrast, the position of the side of the participants in this
the procedure is based on a constitutional complaint against the decision rendered in already
-completed the proceedings before the Supreme Administrative Court. The subject of the proceedings are
However, only the provisions of the contested part 7 of title II, part III, s. l. s.,
rather than a framework for future decisions of the Supreme Administrative Court
SP. zn. 1 Ao 1/2010. the assessment of the constitutionality of the judgment in case sp.
Zn. 1 Ao 2/2010.
30. Relevant to the procedure of the Constitutional Court, therefore, is that, in the present
things are not abstract control of constitutionality, because such
the design is not entitled to the general courts (article 64, paragraph 1, of Act No. 182/1993
Coll., on the Constitutional Court, as amended by Act No. 83/2004 Sb.). It is therefore about
a specific situation in which the applicant is to apply the provisions of
administrative judicial procedure in the conditions of a particular case. Not
abstract evaluation of the possibility of submitting a proposal for the repeal of the measures of a General
nature without time limit, when, moreover, already been this option from the
the administrative court rules his amendment deleted. It's not a question of
the absence of a deadline in the abstract meaning, but rather an assessment of whether it is constitutionally
permissible and in accordance with the principle of legal certainty, that the rule of law
allows it to be filed on 31 December 2004. 3.2010 proposal to repeal the changes
part of the plan, which was implemented in 2005 and which-as
It showed in the following another administrative procedure for the authorization of the construction-preventing
the implementation of a specific business plan applicant (in management
before the Supreme Administrative Court). It's a situation where the terms of the definition of
its legal nature occurred no later than the 19. 11.2008 for recognition of territorial
plans for measures of a general nature in the material concept (see above find
The Constitutional Court, SP. zn. PL. ÚS 14/07), or when from 3. 6.2008
generally binding decrees issued before 1. 1. define a binding part of 2007
territorial planning documentation declared the general nature of the measure-see
§ 188, paragraph. 4 of law No. 183/2006 Coll. on territorial planning and building
Code (the building Act). Of course, the General Court shall not prevent that
He argued, as it does in the present case, and set out the wider
the constitutional circumstances of the case, which has to decide, just as it does not prevent the
Next, the participants in the context of its proposal to support this
the reasoning of the Supreme Administrative Court from the perspective of their particular
case. The subject of the proceedings, however, are only challenged the provisions of the
the order of the administrative procedure, in which the Constitutional Court cannot in any way
anticipate the future decision of the claimant. own decision in
things the constitutional complaint of side participants.
31. The constitutional status of the judiciary structure within the meaning of article. 95 of the Constitution
do not allow the courts to actively engage with the proposals on the review of the
the constitutionality of laws, where it is not necessarily needed for the solution of the matter,
about to decide. On the basis of the initiation of proceedings in the sp..
1 Ao 1/2010 challenges the applicant's overall adjustment of the revocation
measures of a general nature, i.e.. § 101a up 101 d s. l. s., as amended by
effective until 31 December 2006. 12.2011 and aplikovatelném within the meaning of article. (II) point 9
the transitional provisions of Act No. 303/2011 Sb. According to this provision, the
the proceedings initiated before the date of entry into force of this Act, in which the
It was not decided until the date of entry into force of this Act, until 31 December 2005.
12.2011, completes the existing legislation. Projector
However, only some of the provisions, saying that as a result of their
Edit neústavnosti is unconstitutional as a whole. These shortcomings by
the petitioner (see also sub 10) consist of:
in the absence of a) deadlines for the submission of the unconstitutional proposal on the review of the measures
of a general nature or in fixing the time limits for the discriminatory only a certain
Group entities (closer to the sub 13 n.);
(b) unreasonably short) period of 30 days for a decision on the proposal;
(c) the adequacy of the management concentration) on the abolition of the measures of a general nature
the Supreme Administrative Court, although this is a typical agenda for a
courts of first instance;
(d) participation in the exclusion of the other) people in, in addition to the petitioner and
the defendant, although the repeal of the measures of a general nature can have a major
the effects on all the addressees of the measures.
32. As has already been stated, such a proposal is entitled to a General
the Court in the context of its decision-making activities (section 64 (3) of law No.
182/1993 Coll., on the Constitutional Court, as amended), if
to the conclusion that the law, which is to be used when solving things, conflict
with the constitutional order (article 95, paragraph 2, of the Constitution). These rules should be
regard to the position of the judicial power in the system of State authorities and on the
the principle of the separation of powers and the role of the judiciary to interpret it so that the Court can
This procedure may require a decision just in case of such provisions
the law, which has inevitably apply in the case before him.
It is not enough only a hypothetical possibility of use or only the wider context,
as it would in effect mean the right of the Court to challenge any
the procedural provisions relating to proceedings before the Court, as always occurs
to a chaining of applied regulations and the de facto is always applied
whether or not the legislation as a whole [see resolution SP. zn. Pl. ÚS
39/2000 of 23 October 2000. 10.2000 (39/20 SbNU 353)]. Unlike
abstract checks the constitutionality of a particular law, is to check the constitutionality of
in the narrow context of adjudication of a particular case. Into it
the Constitutional Court may enter only under strictly defined conditions,
the only way to a decision on the constitutionality of the law, which has to be
the solution of the matter. Under the control of the Constitutional Court cannot
enter into a management and express themselves to the subject above
framework for the assessment of whether the conditions are given for consideration submitted by the
the proposal.
33. Therefore, it is in particular the control of the constitutionality of the Act
jurisdiction for the issue of an assessment that the provisions of the Act to be in
inevitably, the control used. In this regard, of the submitted documents
the material is made, that the subject of the proceedings are (after the clarification of the small print of the proposal
-judicial SP. zn. 1 Ao 1/2010, no. l. 27 to 29) selected provisions
generally binding Decrees No 11/2000 on the publication of the binding section of the territorial
planning documentation of the village Kamenice, as generally binding decrees
the municipality of Kamenice No. 2/2005, amending generally binding Decree the municipality
Kamenice No 11/2000 on the publication of the binding section of the planning
documentation of the village Kamenice. In particular, the appellant contests while regulativy
zoning plan that relate to the prohibition of building large resources
air pollution in the territory of the municipality and the definition of the floodplains, between
of which the territory in which the applicant should state the newly
built a Hall for HCM technology for continuous casting rod
alloys. The applicant in the proceedings before the Supreme Administrative Court expressly in
the proposal states that it is aware of the conclusions of the case-law of the Supreme Administrative
the Court, in particular that in its judgment No. 1 Ao 1/2005-98 this Court
true to form, the algorithm about five steps. It is noted that this algorithm
According to the Supreme Administrative Court is produced from section 101 d of paragraph 1. 1 and 2.
l. s. (in the original version) and consists of five steps: first,
in a review of the powers of the administrative authority to issue measures of a general nature; for
Second, to review the question of whether the administrative authority when issuing the measures
of a general nature does not exceed the limits defined by law the scope of (negotiations
Ultra consider vires); third, in the review of the question whether the measures of a general nature
It was released by law laid down procedure; Fourth, to review the contents of the
measures of a general nature from the perspective of his violation of the law (material
the criterion); Fifth, in the review of the content of the measures of a general character issued by the
in terms of the proportionality criterion of proportionality (the legal
Regulation). The Court in the review progresses from the first step to the next with
If any of the steps of the algorithm finds a reason for the cancellation
the contested measures of a general nature, applications, other steps have already
does not address. From the point of view of the subject of the proceedings is to be noted that the appellant in the
proceedings before the Supreme Administrative Court shows (see the present judicial dossier,
on l. 11), that in his case will go in particular to the fourth and fifth step, i.e.,
the contradiction of the contested parts of the measures of a general nature with the law and in particular on the
neúměrnost the content of this measure (the question of the proportionality of the interference).
This is not a situation in which measures of a general nature is being challenged from the
because of procedural irregularities, although the content is safe, which is referred to in
the petitioner's fundamental problem in terms of respect for the principle of legal
the security. In the iniciačním control is a namítán intervention in the rights of reason
the content and the proportionality of the interference, not only because of the violation of
the rules in his recruitment. The objections raised in that direction on the part of
the side of the participants (see sub 19) to the General judikatorní the practice of the Supreme
Administrative Court, including his five steps algorithm in the evaluation of the measures
of a general nature, therefore, can be assessed only in the management of their
the constitutional complaint.
34. From the reference material that would be in the iniciačním case
participation in the proceedings sought in vain to some other person (section 101b s. l. s.
the original text), that would be a problem arose because of the concentration of control of the
the abolition of the measures of a general nature in the Supreme Administrative Court (§ 101 c with.
r. s. in the original version). that the defendant could make harm to its
rights as a result of the time limit provided for expressing opposition to the proposal (sub
10. b), when the proposal in the course of one week (see worksheet
No 36 n. of court records). Having regard to the circumstances of the case
It is not necessary to deal with even the deadline for making the decision (section 101 d (2)
s. l. s. in the original version, now 90 days). So here is the situation
the dual position of the various claimants (without time limit and period-see sub
15. h) within the meaning of § 101a, paragraph. 1. l. s. section 74 (similar to Act No. 182/1993
Coll., on the Constitutional Court, as amended by Act No. 48/2002 Coll.). In the proceedings before the
The Supreme Administrative Court is also not on the issues of the review
proceedings under section 174, paragraph. 2 of the administrative code (in relation to section 188, paragraph 4
the building Act – see sub 15. e, as in the present case as to the
the problem of judicial review, not about the review procedure under part VI
(or section 94 to 99) of the administrative code (claim sub 15. e). In this respect,
The Constitutional Court notes that in these parts of the application, with regard to the
During his administration, appears to be as indirect support for the reasons for the successful
the application of the Government's proposal to amend the code of civil procedure in administrative
the legislative process (see print clearly no. 319, the Chamber of Deputies, VI.
the electoral period, section 13 of the explanatory memorandum to the amendment to the code of civil procedure
the use of these administrative) and reasons to support reasoning about
neústavnosti the absence of a time limit for the submission of the proposal, in the case of judicial review
measures of a general nature. It will be so used the existing legislation with the
a number of defects, in particular cited the management, however, does not have to be the top
given the contentious (and mostly already amended) provisions apply.
35. From documents also imply that, in the case of iniciačním
There was another person who would be called for participation in the proceedings under section 34 with.
l. with. the applicant in this case lists (sub 17) that "rather for
an illustration of the "points out on the statutory exclusion of other persons from the proceedings in addition to the
the petitioner and the respondent according to the original wording of section 101b s. l. s. For such
the situation was not even in the case of side participants who its objections
raised by Member of the municipal municipality Moravany Bc. M. B.
This point would be the Constitutional Court could possibly identify with his
argument, however, suggest saying this provision neústavnosti
could the General Court only under the terms of § 64 paragraph. 3 of Act No. 182/1993
Coll., on the Constitutional Court, as amended. Otherwise, it is only
things of the persons concerned, which would be in vain to participate in proceedings presided, in
the case of nepřipuštění in the management submitted the constitutional complaint pursuant to article. 87
paragraph. 1 (a). (d)) of the Constitution. Even if the Constitutional Court in the present case came out
from extensive interpretation of the terms and conditions for specific control of constitutionality, and
Therefore, not only from the fact that the appellant actually voicing neústavnosti
requires, but that it cannot be excluded that such person may participate in the
management of the claim, without canceling or better clarification of the wording of the article. (II) point 9
Act No. 303/2011 Sb. could be the path to the cessation of section 101b s. l. s.
in the contested texts of the open. This suggests that even the new wording of section 101b paragraph. 4
s. l. s. and the overall strengthening of the position of the stakeholders on the way
the amendment to the administrative judicial procedure Act No. 303/2011 Coll. as well as
in the case of the determination of the period would have to be the determination of the conditions of participation of other
people on management of abandoned to the active intervention of the legislator, that could
consider all the consequences of the termination of the application of section 101b s. l. s., in the original
the text of the. The new wording of section 101b paragraph. 4. r. s. cannot in no time without
connection with the fact that the procedure under Part 7 of title II, part III, s. l. s.
transfers from the Supreme Administrative Court, the county courts, which is related to the
the possible participation of a large number of persons to the management. This question addresses the new
the provisions of § 34 paragraph. 5. l. s. In this proceeding, not with regard to the
the formulation of a Constitutional Court with jurisdiction to pronounce that the transitional
the provisions of the article. (II) point 9 shall be deleted within a certain range, which would mean,
that part of the new legislation, including section 34 paragraph. 3 and 5 with a. l. s. would be applicable
When the issue does not arise here right retroactive.
36. Therefore, in the present case, the Constitutional Court could focus on the core
the appellant's arguments regarding the neústavnosti of the whole legislation in
the context of the absence of time limits for the consideration of the proposal for the repeal of the measures of a General
nature. There is no doubt that the missing design permissions restrictions
by setting a specific deadline is imminent and inevitable problem
that will have to be the complainant in the proceedings sp.. 1 Ao 1/2010
deal. The appellant with regard to the clarity of legislation
requests that the Constitutional Court has issued a finding that the interpretative
determined that "the provisions of part 7 of title II of part III of the Act No. 150/2002
Coll., the administrative rules of court, as before the amendments made by law No.
303/2011 Coll., was in breach of article. 1 (1). 1 and article. paragraph 100. 1 of the Constitution and
article. 11, 26 and article. paragraph 37. 3 of the Charter of fundamental rights and freedoms ".
37. In the case it is necessary to identify the applicant, the legal
Edit, in the State, which has to decide, such potential constitutionally
Conformal interpretation does not allow (see above his reasoning in paragraphs 3, 7 and
14.) therefore it can only act on the interpretation relating to a particular
aspect had a prescription, i.e. the interpretation of negative subsumpci
certain facts in terms of subject matter, space, time, and bodies,
as for example. in the case of finding sp.. PL. ÚS 43/04 of 14 June. 7.2005 (N
139/38 SbNU 59; 354/2005 Coll.), where it was excluded partly personal
the scope of the contested provisions, without clearing its text changed.
38. In the present case, it is a proposal on the exclusion of the time effects
the contested provisions, since the lack of definition of the time limit under
the petitioner's rights to intervene in certain groups of people in terms of
the requirements of legal certainty, when legislation is to be the preferred
the principle of legality and the right to access to court (see closer sub 12 to 14).
Although in general the Constitutional Court the applicant partially shares his
the argument, in the present case came to the conclusion that the arguments of the
referred to above in paragraphs 11 to 15 in the new legal situation after the
Amendment of the contested provisions of the judicial code of the administrative act.
303/2011 Coll. shall be sufficient. This argument had its permission before
the amendment, however, was as a result of amendments to the new law. A proposal from the
requires the State in cases of unconstitutionality voicing control
continuing until the end of 2011, but even in such a case (see already
the argument sub 35) cannot reach a satisfactory solution with regard to the
transitional provisions article. (II) section 9 of Act No. 303/2011 Sb. Even if,
that would be the Constitutional Court concluded that the legislation, which is to be
applied in a given case, was unconstitutional, it does not change anything that would
could not be reached by the path to the needed remedy.
39. The basic starting point in this respect is that according to the legal opinion
The Constitutional Court, prima facie period without further shows and cannot
have the characteristics of unconstitutionality, these can then be made only
"specific circumstances" of the case under consideration, in other words, an assessment of the
the constitutionality of the period is the assessment of the kontextuálním [find SP. zn. PL. ÚS 6/05
of 13 June. 12.2005 (N 226/39 SbNU 389; 531/2005 Coll.)]. These
"specific circumstances", or aspects of contextual assessment
the constitutionality of the existing case-law, the time limit according to the Constitutional Court are:
-the inadequacy of the (disproporcionalita) period and in relation to her time
limited application of the constitutionally guaranteed rights (right),
as defined by time constraints of subjective rights. From
of that point of view, the Constitutional Court in finding SP. zn. PL. ÚS 5/03 dated 9.
7.2003 (N 109/30 SbNU 499; 211/2003 Coll.) annulled the provisions of § 3 and 6
Law No. 290/2002 Coll., on the transition to some other things, rights and
the obligations of the Czech Republic in the regions and municipalities, citizens ' associations active in
the field of sports and sport and related changes and a change in the law
No 157/2000 Coll., on the passing of some of the things, rights and obligations of the estate
The Czech Republic, as amended by Act No. 10/2001 Coll., and Act No. 20/1966
Coll., concerning the health care of the people, in the wording of later regulations, which
It represented a disproportionate restriction of ownership rights, infringement of article. 11
paragraph. 1 in conjunction with article. 4 (4). 4 of the Charter of fundamental rights and freedoms (
constitutionally, the Court considered in the Conformal rozhodovaném the context of such legal
who would this restriction was based only in completely necessary time
the extent to which you can understand only the minimum time, and clearly
prima facie "transitional" period, but not the period of ten years);
-arbitrariness of the legislature in the determination of the period (its anchoring or
the cancellation). Within the meaning of this perspective, the assessment of the constitutionality of the period
the Court proceeded in case sp.. PL. ÚS 2/02 [find SP. zn. PL. ÚS 2/02
of 9 June. 3.2004 (N 35/32 SbNU 331; 278/2004 Sb.)], in which a
unconstitutional provisions of section marked cancel 879c to 879e of the code of
the code made by Act No. 229/2001 Coll., amending Act No.
219/2000 Coll., on the Czech Republic and its performance in the legal
relations, as amended by Act No. 492/2000 Coll., and some other laws, which
the legislator intervened to the legitimate expectations of the exact circuit
operators just one day before the expiry of the period in which there would be a
acquisition of ownership, with the result that the bodies which act in
trust in advance the conditions laid down by the State, were a mere day before
the expiry of the said period compared with arbitrary procedure state that
the Court found conflicting with article. 1 of the additional protocol to the Convention (and with it the
citing the case-law of the European Court on human rights in kause
Broniowski against Poland from 2002, no 31443/96, Gratzinger and
Gratzingerová against the Czech Republic from 2002, no. 98/39794, Zvolský and
Zvolská against the Czech Republic from 2001, no. 46129/99);
-constitutionally unacceptable inequality of two groups of subjects, which is
the result of the cancellation of certain legal conditions for the application of law for the
the unconstitutionality, while this clearing for the operators
as a result of the expiry of the time limits due to the possibility of derogation without further
the application of the rights does not open. On the basis of perceived "specific
"in the circumstances, the findings, sp.. PL. ÚS 3/94 of 12 April. 7. the 1994 (N 38/1
SbNU 279; 164/1994 Coll.) and SP. zn. PL. ÚS 24/97 of 3 December 2004. 6.1998 (N
62/11 SbNU 111; 153/1998 Coll.) The Constitutional Court, the abolition of provisions
that determines the start of the period for the application of the restitution claim opened
the possibility of its use for those eligible persons who, as a result of
conditions of residence within the time limits of the original claims successfully applied
could not. In this context, the Court stated that "these individuals were therefore
de facto excluded from the circle of entitled persons may sue
financial compensation, and were therefore-in comparison with other authorized
persons-were unconstitutionally handicaps and against them in the rough
the legal position ".
40. on the basis of the above, it is especially possible to conclude that the proposal
It is based on the claim of neústavnosti neomezení the time for submission of the proposal
on the repeal of the measures of a general nature. Most of the arguments of the claimant (see
Sub 11 to 14), however, is based on the case law dedicated to the issue of
the existence of certain time limits and its length, rather than its absence. Legal
Edit, that the possibility of filing a notice does not limit itself does not
SE unconstitutional, as it is not a time-unlimited opportunity to submit a proposal
on the repeal of the law or the pronouncement of unconstitutionality
the legislation, which is to be applied in judicial proceedings (see comparison
This three-year time limit for the application for revocation of the Act in the pre-Munich
The Czechoslovak Republic). In addition, the mention of neústavnosti applicable
editing without further led to the conclusion that the principle of legal certainty, as
It understands the applicant, should have (after some time) without further priority
before the basic right of access to a court (and therefore to the protection of the subjective
rights and freedoms) and the principle of legality (respecting the laws and
their hierarchy).
41. It cannot be without further přisvědčit, as here there are circumstances
that would in turn be interpreted in favour of the chosen solutions that
in the framework of the contextual assessment (see sub 39) may appear as
constitutionally acceptable. This problematic situation was gradually
also as a result of the development of the case law of the Supreme Administrative Court and
The Constitutional Court. The appellant rightly as one of the indirect reasons
possible missing deadlines for contesting the neústavnosti measures of a general nature
lists the promotion of the theory of material concept of measures of a general nature. It
has led to a situation where the territorial plans issued by the previous building
Act (Act No. 50/1976 Coll., as amended) to be
seen as a measure of a general nature on the basis of the material at
the concept, as it was phrased in the judgment of the Supreme Administrative Court No.
j 1 Ao 1/2005-98. The path to the judicial review on the basis of the material
the concept has confirmed 19. 11.2008 issued by the Constitutional Court, SP. zn. PL.
TC 14/07 (see above). Also the new building Act Amendment Act
No 191/2008 Coll., on the basis of the amendment in the article. (I)
section 6 has established with effect from 3. 6.2008, the generally binding decrees
issued before 1. 1. define a binding part of the 2007 planning
documentation shall be considered as measures of a general nature-see § 188, paragraph. 4
Act No. 183/2006 Coll. on territorial planning and building regulations (building
the law). This confirmed the path for their judicial review, while
the review procedure under section 174, paragraph. 2 of the administrative code for this case
excluded. It is worth noting that the Government's proposal (print no. 259, the House
the Chamber of Deputies, in the parliamentary term) did not contain this provision, which indirectly
illustrates the effect of varying the judicial case law on the understanding of the nature of the measures
the general nature of the legislation. Furthermore, in this context cannot be ignored
the consequences of the changing of the legal opinion on the status of the bodies concerned in the
their subjective rights of the "older" territorial plans. This applies, in particular,
for the core resolution extended the Supreme Administrative Court of
13.3. 2007 No. j. 3 Ao 1/2007-44, on the basis of the proposals have been rejected
on the cancellation of administrative acts, which are not measures of a general nature after
the formal page. This legal opinion was again changed on the basis of already
the cited award SP. zn. PL. ÚS 14/07 from 19 June. 11.2008. As well as
You cannot look through that enduring doubts about the correctness of the
podřazení land use plans (not yet in the binding part of the issued as generally
binding decrees) under the concept of measures of a general nature with regard to their
relationship to your own planning.
42. The legal situation which has changed several times and that, moreover,
was established by Act No. 127/2005 Coll. with effect only from 1. 5.2005,
not having regard to the circumstances of the case give a clearly preferred the principle of
the legal guarantee against the possibility of the bodies concerned to protect their
the subjective rights of the newly created possibilities to submit a proposal to the Court for annulment of the
measures of a general nature. If the legislature put together with the establishment of the new
the legal Institute of the possibility of the parties concerned that, depending on the
currently the reigning formal or material concept of measures of a general nature
in the course of 3 to 5 years to bring (the aspect of the protection of subjective rights) such
measures (thus the territorial plans), it cannot be considered as arbitrariness, but
also considered the option of how to achieve redress the illegality (the aspect of legality)
on this section of the range into the distant past. Now with this option
closed, with each entity concerned had the opportunity to to 31. 12.
2011 such territorial plan of attack, without being bound by the deadline. The new article.
(II) point 8 of transitional provisions for the amendment of the code of civil procedure in administrative
Law No 303/2011 Coll. lays down that measures of a general nature that
came into force before the date of entry into force of this law, may be brought
a proposal for its abolition or repeal parts of it not later than 3 years from the
date on which the design of the general nature of the contested measure came into force,
and even here cannot be missed the deadline for the submission of the proposal to forgive. If
now set a deadline of three years to submit such a proposal, and if it is possible
Note the relative stabilization of the case law at the end of 2008, it is not
This interval can be in terms of the absence of a deadline for the submission of the proposal
rate as unconstitutional, arbitrary or fixed-width. This is the
the time slot, which is of the order of substantially different from now the chosen period 3
years under section 101b paragraph. 1. l. s., and § 174, paragraph. 2 of the administrative code.
Similarly, under section 72, paragraph. 2. l. s. the period of three years, applies to the option
action to protect the public interest, as it now entrusts the section 66 paragraph.
2 and 4 with a. l. s. Attorney General and the Ombudsman.
The same applies to the legal situation of the minor participants where to change
Zoning Plan in May 2009, with the abolition of these changes
occurred in January 2011, but not the decision itself, Councillor
the village under the municipal policy issues, but the decision of the Court,
that is based on the conclusion of a violation of the law.
43. It is possible to admit that with the growing time lapse from 1. 5.2005
(the entry into force of the Act on electronic communications), from 1. 1.2006
(the entry into force of the new code of administrative procedure), from 3. 6.2008 (express
the transformation of urban plans of generally binding decrees on measures
of a general nature) and from 19. 11.2008 (find SP. zn. PL. ÚS 14/07
confirming the material concept) would as a result of missing the deadline to submit
the proposal in Section 101a, paragraph. 1. r. s. could encounter a situation known theories
as his gradual zneústavnění (called. Verfassungswidrigkeitswerden). In
the case of the specific control of constitutionality of the law, however, in this time
the time for such a conclusion is not the place for this extension
time segment is already stopped.
44. In this respect, it is possible to assess the other objection, that with the absence of
the deadline for the submission of the proposal, i.e., indirectly. the objection to the concentration
proceedings before the Supreme Administrative Court. This is not just about the usual conclusion, that
the Organization of the judiciary is a thing of the legislator (article 91, paragraph 2, of the Constitution). Here
the Constitutional Court considers it necessary to point out the fact that, in the
the establishment of a new legal Institute cannot be regarded as such a concentration,
which provides at the beginning at least a possibility of establishing uniform
the case-law, for something in itself neústavního. In addition, your own experience with the
different legal opinions on issues of interference and defining the nature of the
measures of a general nature demonstrates the legitimacy of this temporary solution,
now with the abolition of section 101 c. l. s. abandoned.
45. Even the opposite conclusion would, of course, could not reverse their own decisions about
nedůvodnosti design. The Constitutional Court cannot even fill in a generic "gap"
where the legislator filing any notice nesvázal, which finally
States and the applicant, in its submissions (see sub 14). It also illustrates the
judgment of the Court of first instance-now the Tribunal-(fourth extended
Chamber) of 6 April 2006. October 2005 in joined cases T-22/02 and T-23/02
Sumitomo Chemical Co Ltd and Sumika Fine Chemicals Co. Ltd v Commission
which the claimant (see sub 12). The above facts
and the time framework of legislation and the initiation of the dispute here, and the Constitutional Court
lead to the conclusion that, in the present case, cannot give a clearly preferred
the principle of legal certainty, unspecified measures General mailing
the nature of the protection measures of the subjective rights of the affected entities.
Determination or impose time limits for the submission of the proposal on initiating proceedings before the
by a court or other authority rests fully on the lawmakers. He also this
hardened space filled by an amendment of the administrative judicial procedure Act (No.
303/2011 Sb.) and the new text of section 101b paragraph. 1. l. s. Because an obstacle
the use of the new legislation is-as has been mentioned more than once-temporary
the provisions of the article. (II) section 9 of Act No. 303/2011 Coll., could be the path to the
the use of the new legislation (in addition, nota bene backward) open only
the abolition of this transitional provision. Of its cancellation, however, in this
I couldn't control and the Constitutional Court cannot anticipate the possible decision on
whether the new deadline corresponds to the nature of the measures of a general nature,
that is a legal act on the borders of the individual administrative act (where the
the time limits are far less precisely because of the legal certainty) and legal
Regulation (where time limits are not given), and what could be the result of
of such proceedings. The applicant, referring to the case-law of the Court of Justice
The EU States (sub 14) that, in cases where there is no legislature
the period laid down, the proposal cannot be put off indefinitely and must be
submit it in due time, otherwise there would be not only a violation of the principle of
legal certainty and protection of legitimate expectations according to the circumstances and the participants
a given legal relationship. Here, the Constitutional Court noted that it can be applied
in particular, where the rule of law for the one who has to act this way (but without the
definition of period) [eg. see find SP. zn. PL. ÚS 29/09 dated June 3.
11.2009 (N 233/55 SbNU 197; 387/2009 Coll.), points 115 to 122], whereas in the
the case of the application of the subjective rights of a person in private law as to the task
the legislature, for the State of legal certainty, if it is to be with
regard to the circumstances of the subject of the proceedings.
46. in this context, cannot be Ignored in the link to master plans as
measures of a general nature, in particular the principle of concentration contained in § 89
paragraph. 2 the building Act of territorial management and in § 114, paragraph. 2
construction law for construction management. With regard to what was said
in relation to their legal status, that the deadline for submission of the proposal on
cancellation of the master plan or any part thereof, is determined for assessment
questions constitutionality of absentee deadlines decisive that this condition was
already completed in proportionate to the now three-year time limit laid down. Furthermore, it is
Here, in view of the requirement of the protection of subjective rights
persons in private law against broad public by decision of the authorities
the management of [article 36, paragraph 2, of the Charter which also includes the concept of General measures
nature-to see. find SP. zn. IV. TC 2239/07 of 17 July. 3.2009
(N 57/52 SbNU 267), item 20] was created in sufficient time to
each territorial entity concerned could plan such a protection request with
given that such protection could not be adequately compensated for in
subsequent phases of a territorial or building management (cf. find SP. zn.
PL-14/07, paragraph 35), not only in relation to land use plans according to
the previous building Act (Act No. 50/1976 Coll., as amended by
amended). In addition, in certain types of proceedings under construction
the law already or the next phase of decision-making, not because the measures
of a general nature shall be represented at the same time and the appropriate territorial decisions. For example.
under section 77, paragraph. 1 the construction of the law is no longer a territorial decision issued
for the territory for which it is issued the regulatory plan-"and the extent to which the
replaced by the relevant territorial decision ". In this case, neither the person
private law for more protection of their subjective rights
not available [see also find SP. zn. IV. TC 2239/07 (see above)].
47. On the basis of the assessment of the appellant's argument, the circumstances
the initiation of the case and the circumstances of the emergence and development of regulatory measures
of a general nature, and the case-law on the Constitutional Court came to the conclusion
that proposal is not probable, and therefore decided under section 70, paragraph. 2 of the law on
The Constitutional Court about his rejection.
The President of the Constitutional Court:
JUDr. Rychetský in r.