Publication details
Kolegiální orgány obce jako právotvůrce
Title in English | The Collegial Bodies of a Municipality as a Law-maker |
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Authors | |
Year of publication | 2014 |
Type | Article in Proceedings |
Conference | Teória a prax komunálnej normotvorby |
MU Faculty or unit | |
Citation | |
Web | http://obec2014.weebly.com/ |
Field | Law sciences |
Keywords | municipality; municipal assembly; municipal council; generally binding ordinance; regulation |
Description | The paper deals with the creation of law by collegial bodies of basic local government units in the Czech Republic. It refers to the difference between the legislation issued in an autonomous and delegated competence of municipalities, while further closer look at the generally binding ordinances of municipalities as legislation of autonomous self-government, requirements to which have been over the last 25 years, significantly, fundamentally changed. There is analyzed here especially the developments in case law of the Constitutional Court of the Czech Republic concerning law-making competencies of municipalities, which can be divided into two stages, the boundaries of which dates back to December 2007 when there was released so called "Jirkovský finding" of the Constitutional Court. Special attention is also devoted to the law-making proces itself, its legal regulation and the role of (collegiate) municipal bodies in it. |