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Municipal by-laws
Stuchlík, Karel ; Vedral, Josef (advisor) ; Pítrová, Lenka (referee)
Generally binding ordinances of municipalities Abstract This thesis deals with generally binding ordinances of municipalities. Generally binding ordinances are legal regulation which issue municipalities in independent competence on the basis of Article 104 Paragraph 3 of the Constitution of the Czech Republic. It is necessary to distinguish them from decree of municipality issued in delegated competence according to Article 79 Paragraph 3 of Constitution. The approach to generally binding ordinances significantly influenced the Constitutional Court. The first chapter deals with constitutional and legal basics of local administration generally, also with territorial and personal basis and independent and delegated competence of municipalities. The second chapter analyses in more detail process of passing of generally binding ordinances and potential public involvement on this process, also content requirements and structure of generally binding ordinances. It deals also with announcement and record of legal regulation of municipalities and draws attention to planned colection of legal regulation of municipalities and regions. Part of the chapter is dedicated to role of Minstry of the Interior, which administers supervision of issue and content of generally binding ordinances, and to proceedings before the...
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Municipal by-laws
Kuchař, Karel ; Vedral, Josef (advisor) ; Rajchl, Jiří (referee)
Generally binding ordinances of municipalities] Abstract This thesis deals with generally binding ordinances of municipalities. A generally binding ordinance is a legal regulation that is, in accordance with the provisions of Article 104 Paragraph 3 of the Constitution of the Czech republic, issued by the municipal council. This is significant and we can say the unique expression of the right of municipalities to self- government, which is also guaranteed by the municipalities at the constitutional level. After the first chapter in which the necessary terms for the following text are defined, follows the chapter focused on the constitutional and legal bases of issuing of generally binding ordinances. This chapter also describes the Constitutional Court's first judgement concerning with generally binding ordinances and subsequent discussion which this judgement provoked. This chapter is followed in the fifth chapter of the thesis, which focuses on the development of the case law of the Constitutional Court and describes its further development. Especially, the attention is focused on judgement Pl. ÚS 45/06 and on the change of the legal opinion of the Constitutional Court with this judgement related. The third chapter deals with selected topics related to the issuance of generally binding ordinances. In its...
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Abstract acts of public administration in the Czech Republic
Batfalský, Lukáš ; Millerová, Ivana (advisor) ; Korbel, František (referee)
The topic of this master's thesis is the legislation of local self-governing units from the moment of its creation to its possible repeal by the constitutional Court. The thesis is divided into eight chapters which are divided into subchapters and further. The first chapter describes basic concepts which are mentioned in this thesis and are related to the topic. This is e.g. explanation of the concept of an abstract act and examples of what abstract acts exist in our country, the definition and division of public administration, explanation of what self-govern is and how it is divided, what are generally binding ordinances and regulations and what is the difference between the two. More basic concepts which are important for the comprehension of this master's thesis are explained. The following two chapters talk about the process of creation of generally binding ordinances of Municipalities and Regions and their regulations too. There are described requirements and structures generally binding ordinances and regulations of Municipalities and Regions, their receiving authority, who can the legislation suppose, its approval, force and effect. The fourth chapter focuses on the effectiveness of generally binding ordinances. It shows what areas municipalities and regions can issue generally binding...
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