Publication details
Prostor územní samosprávy pro vlastní normotvorbu bez výslovného zákonného zmocnění
| Title in English | The autonomy of local government to create its own regulations without explicit legal authorization |
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| Authors | |
| Year of publication | 2025 |
| Type | Appeared in Conference without Proceedings |
| Citation | |
| Description | The autonomy of municipalities to enact legislation within their own competence has changed significantly in the Czech Republic over the more than 35 years since the current system of municipal government was restored. This has been and continues to be fundamentally influenced by the case law of the Constitutional Court, which took a rather restrictive approach to the issue in the first half of this period, while in the second half it reduced its requirements for legal authorization for municipalities to issue generally binding ordinances. The Constitutional Court has removed the requirement that municipalities need explicit legal authorization to issue generally binding ordinances. This article focuses on the question of what space municipalities have to issue generally binding ordinances without explicit legal authorization and what the associated advantages, limitations, and risks are. |