The Latest Case-law of the Constitutional Court Dealing with the Self-governmental Legal Regulations of the Municipalities in the Czech Republic Cover Image

Nejnovější judikatura Ústavního soudu k obecně závazným vyhláškám obcí
The Latest Case-law of the Constitutional Court Dealing with the Self-governmental Legal Regulations of the Municipalities in the Czech Republic

Author(s): Ivo Pospíšil
Subject(s): Constitutional Law, Court case
Published by: Masarykova univerzita nakladatelství
Keywords: constitutional courts; case law; czech law; legal regulations of the municipalities

Summary/Abstract: The article deals with the changes in the Constitutional Court’s case-law concerning the judicial review of the self-governmental legal regulations of municipalities. The Constitutional Court has reconsidered its previous views at the regulatory competences of municipalities in the course of the years 2008 and 2009. The Court has acknowledged the original character of such a competence as a result of the constitutional-based right of the municipalities to their self-government and enabled the self-governmental bodies to regulate subjects that are at the same time regulated by parliamentary statutes if it is possible to differentiate their various purposes. The author presents the analysis of the latest case-law and refers to the additional problems and deficiencies that occurred according to the author’s opinion in the Constitutional Court’s decisions.

  • Issue Year: 18/2010
  • Issue No: 1
  • Page Range: 51-59
  • Page Count: 9
  • Language: Czech