Publication details
Přezkum „hazardových“ vyhlášek obcí: důvodová zpráva jako podmínka souladnosti se zákonem
| Title in English | Review of Municipal "Gambling" Ordinances: Explanatory Memorandum as a Condition of Compliance with the Law |
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| Authors | |
| Year of publication | 2026 |
| Type | Article in Periodical |
| Magazine / Source | PRÁVNÍ ROZHLEDY |
| MU Faculty or unit | |
| Citation | |
| web | https://www.beck.cz/casopisy-c-1728#wowbook-m4/ |
| Keywords | gambling regulation; review of normative administrative acts; generally binding ordinance; protection of competition; reasoning of normative administrative acts |
| Description | The article deals with generally binding regulations by which municipalities regulate the operation of certain games of chance within their territory, focusing on their "review," particularly by the Office for the Protection of Competition. The purpose of this article is to answer the question of whether, based on an analysis of the decision-making practice (not only) of the Office for the Protection of Competition, it is possible to formulate a requirement for the reasoning of such generally binding ordinances and, if so, whether this should be understood as a condition for the compliance of a generally binding regulation with the law. Given the complexity of the issue, it is first necessary to consider the institutions available to municipalities for regulating gambling, including in their historical context. Since I consider generally binding ordinances to be the only real institution through which the municipality can restrict the operation of gambling – to a large extent – according to its own ideas, the article in the following chapters is limited to this institution. Subsequently, the possibility of "reviewing" a generally binding gambling ordinance is discussed, with a focus on the activities of the Office for the Protection of Competition. This passage is followed by a section devoted to the issue of justifying generally binding ordinances. |
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