Publication details
Zásada zákonnosti jako limit pro stanovení povinností (nejen) k ochraně veřejného pořádku obecně závaznou vyhláškou obce
| Title in English | Principle of legality as a limit for establishing obligations (not only) to protect public order by a generally binding ordinance of the municipality |
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| Authors | |
| Year of publication | 2019 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | principle of legality; nullum crimen sine lege; generally binding ordinance; offense |
| Attached files | |
| Description | The article deals with the reservation of statutory regulation as a limit for establishing obligations by generally binding ordinances of the municipalities, especially those, which supposed to protect public order. Attention is paid to the question, how the reservation of statutory regulation is fulfilled within exercising the power of municipalities to establish obligations by generally binding ordinance n terms of constitutional authorization under Article 104 (3) of the Constitution of the Czech Republic. And whether the reservation of statutory regulation is fulfilled also in relation to the nullum crimen sine lege principle, having regard to the fact that a breach of the obligation established by a generally binding ordinance is an offense. The conclusions of the article concentrate on the conflict between the right of municipalities to self-government manifested by generally binding ordinances on the one side and the rights of the addressees of these generally binding ordinances on the other side. |