17/1995 Coll. the Plenum of the Constitutional Court of the Czech Republic on behalf of the Czech Republic The Czech Constitutional Court ruled in 1995: on January 24, on the proposal of the head of the District Office in Beroun partial annulment of Art. III. the generally binding ordinance of the municipality of 13 June 1994 Vráž on the local fee for the use of public space as follows: Part Article. III. in the words of "expressway, highway rest area" generally binding ordinance of the municipality of 13 June 1994 Vráž on the local fee for use of the public areas is repealed the day of its publication in the Collection of Laws. Kennel justification Head of the District Office in Beroun filed a petition it annul the Art. III. Order of 13. 6.1994 on the local fee for the use of public spaces in the words of "expressway and highway rest area" on the grounds that under the Act. CNR No. 565/1990 Coll., On Local Fees, as amended, in section 4, para. 2 states what can be considered public space, taking the freeway or highway rest area noted. Mayor of Vraz in its observations on the content of the proposal of the head of the District Office in Beroun suggested rejection of the proposal on the grounds that the wording corresponds to the text of the decree of § 4 para. 2 of the Act. CNR No. 565/1990 Coll., Before the amendment, which included highway and motorway rest area under the concept of public space in its exhaustive calculation. Further opined that the actual ownership is not decisive for resolving the question of whether the freeway and highway rest stop is a public place or not, and II that due to the existing legislation, contained in paragraph. 2 section 4 of the Act. CNR No. 565/1990 Coll., According to which both the freeway and highway rest satisfy the condition that it is accessible and the space that everyone without restrictions, it is as if the highway and motorway rest area on the concourse chargeable decree. Finally, he said that it would be illogical if in § 4 para. 2 of the Act. CNR No. 565/1990 Coll. It cites as an example and a road that is not the property of, and may be a four-lane highway that did not have the same pay for itself. The content of the memorandum of Vráž village and minutes of the meeting of the municipal council of 13. 6.1994, signed by the mayor and two verifiers, shows that generally binding ordinance of the municipality Vraz of 13. 6.1994 was adopted at the session of the municipal council in assassins which was 7 members out of 10 members, all the votes of the members present. Generally binding ordinance was promulgated by being posted on the notice board of the municipalities Vraz 14. 6. the 1994 for a period of 15 days. It can therefore be considered that the ordinance was passed in a constitutionally prescribed manner (§ 68 para. 2 of the Act. No. 182/1993 Coll., On the Constitutional Court), and reads as follows: Decree on local fees for use of public spaces and the Municipal Council Vraz. village near Beroun approved in accordance with section 36 of the Municipalities Act, the CNR No. 367/1990 Coll., as amended (the full text of the under no. 410/1992 Coll.), and section 4 of the National Council on Local Fees no 565/1990 Coll. , as amended, the fee for the use of public spaces by this decree since 1. 7.1994. II. The fee is charged for special use of public spaces, ie. For the placement of equipment used to provide services, the location of construction, sales and advertising equipment, circuses, amusement parks and similar attractions, the location of landfills of all kinds, for permanent parking of vehicles and the use of space for cultural and sporting events and needs of the film and television works. Among the events held in public places without admission or whose proceeds are intended for charitable purposes and publicly beneficial, the fee does not apply. III. Public places are especially square, highway, freeway, highway bridge, the highway landing, local roads, parks, public green areas and other facilities accessible that everyone without restrictions. IV. The fee for using the public pays individuals and corporations who use public space in the manner specified in paragraph. II. the Fee for reserving a permanent parking places, persons disabled. Rates Rates charge in., and the fee for the use of public spaces is as follows: 1. In the short-location facility for sales and service, including the storage of goods related CZK 10 per 1 m2 per day even started. 2. The location of entertainment venues, amusement parks and similar attractions CZK 5 per 1 m2 per day even started. 3. The parking) passenger cars...... CZK 100 per quarter (b)), and the truck, four-wheel lift truck or sat. Platak....... 400 CZK per quarter (c)) of the tractor........... 200 CZK per quarter. 4. The placement of advertising and equipment) on a motorway bridge, highway and motorway service area it CZK 500 per 1 m2 for 1 month commenced b) 200 CZK per 1 m2 commenced after 1 month. 5. various materials landfills CZK 1 per 1 m2 and day, counting commenced from the fourth day of the placement of the material. VI. Each taxpayer is obliged it to report to the municipal office immediately upon placement of equipment, materials and other uses of public space would be a paragraph. The emergence of this Decree. charge obligations and pay the fee by the end of the respective quarter. If the taxpayer fails to pay the fees on time, assesses his municipal office charge increased by 50%. If the taxpayer fails to comply with its reporting obligation, debt service charges can be assessed up to 3 years from the end of the calendar year in which the fee obligation arose. VII. This Decree of the date 30. 6. the 1994 decree cancels on local fees for use of public spaces were 10. 12.1991. The Constitutional Court reviewed the proposal of the head of the District Office in Beroun, as well as observations of the village along with the contested decree and II, if Art. III. the contested decree allows you to collect fees for the use of highways and highway rest areas as public spaces, and for such purposes, which are also set forth in § 4 para. 1 of the Act. CNR No. 565/1990 Coll., On Local Fees, as amended, ie. The location of equipment used to provide services to the location of construction, sales, advertising equipment, circuses, amusement parks and other attractions etc., enters determining the relationship between the controller highway, which is the Ministry of Transport (cf. section 3, section 3d of the Act No. 135/1961 Coll.) and the user (provided for in § 3, section 3d, section 6, section 8, § 9, § 9, § 10 of the Act No. 135/1961 Coll. , as amended), which is clearly beyond the scope of their jurisdiction, as this is defined conceptual character, referred to it in § 13 para. 1 of the Act. CNR No. 367/1990 Coll., On municipalities (Municipal Establishment), as amended, so that it is "their" issues "[see. § 13 para. 1" The municipality administers its affairs independently (hereinafter referred to it as the independent powers) "]. Because part of the highway is a highway rest stop [see section 5 of the Act No. 135/1961 of Coll., on roads (Road Act), as amended; section 8 par. 2. Decree No. 35/1984 Coll., implementing the Act on roads (Road Act)], the same as on a motorway rest area (the highway). The fact that the management of the highway is not in accordance with the Act. No. 135/1961 Coll., as amended, and entrusted to the village, but the Ministry of Transport, it follows that it can not even go village of delegated powers in accordance with section 21 of the Act. CNR No. 367/1990 Coll., As amended. Therefore, if they are neither independent nor delegated powers of the municipality and if the municipality is true that while they can issue generally binding regulations, ie. The decree, in its independent and delegated competence, but only on the basis and within the law (cf. Art. 104, paragraph 3, Art. 79.3, Art. 8, Art. 99, Art. 100, paragraph 1, Art. 2.4 of the Constitution, Art. 2.3, Art. 4, paragraph. 1 of the Charter of Fundamental Rights), the contested ordinance regulating in Article III. imposition of charges on motorways and motorway rest areas, not only in conflict with the Act No. 367/1990 Coll., as amended (because it is a matter that does not fall under a separate or delegated powers of § 13, § 14, § 21), but also this Article contrary. 2.4 of the Constitution and Art. 2.3, of the Charter of Fundamental Rights and Freedoms, according to which no one should be forced to do what the law does and Art. 4, paragraph. 1 of the Charter of Fundamental Rights and Freedoms, according to which obligations may be imposed only on the basis of law. The Constitutional Court because of these reasons, decided that the provisions of Art. III. the generally binding ordinance of the municipality Vraz of 13. 6. in 1994, the words "freeway and highway rest area" is repealed the day of its publication in the Collection of Laws. Referred to the announcement of the judgment becomes enforceable. Chairman of the Constitutional Court of the Czech Republic. Kessler vr