<Jihomoravský kraj> is filing a constitutional complaint against the decision of the <NSS>

Publisher
ČTK
20.09.2012 18:05
Czech Republic

Brno

David Macek studied sociology at MU in Brno and theology of marriage and family at the Lateran University in Rome. He is currently a councilor of the South Moravian Region and is responsible for ensuring tasks in the area of urban planning.
Brno - Today, the representatives of the South Moravian Region unanimously voted for filing a constitutional complaint to annul the principles of urban planning by the Supreme Administrative Court (NSS). According to regional councilor responsible for urban planning David Macek (KDU-ČSL), the NSS should not have assessed certain points. The region respects the court's decision and is now utilizing the option for a legal remedy, said Governor Michal Hašek (ČSSD) at the council meeting.
     
After the June annulment of the principles of urban development by the NSS, constructions of supra-regional significance cannot be established in South Moravia. The principles contained corridors of primary road routes in the region. According to the court, the region did not adequately assess the so-called cumulative and synergistic effects of constructions, that is, the impact on the environment and public health. "We insist that everything that needed to be done regarding the assessment of synergistic and cumulative effects has been done, and we want the constitutional court to assess it," said Macek.
      The proposal to annul the principles, which have been in place since last year, was submitted by a group of 14 municipalities and 13 individuals. The regional representatives began considering the constitutional complaint almost immediately after the judgment was pronounced, while work also started on setting new principles of urban development. The region has not yet calculated the costs brought about by the annulment of the principles. According to the governor, the preparation of new principles would take two to three years.
      According to Macek, the NSS is not the court that should have assessed the matter. In the document for the constitutional complaint, he also argues against the bias of one of the assistants. "This man is an assistant to the judge and is also the mayor of one of the South Moravian municipalities," Macek stated. The most objections against the principles concerned road corridors R43, R52, R55, and highway tangents around Brno, the construction of which would affect life in the southern part of the Brno agglomeration.
      The court also criticized the way the regional leadership communicated with municipalities about the principles. Public discussions should be a forum for discussion, which the region did not allow, thus violating principles of decency and approachability and the principle of public administration as a service to the public. However, according to Macek, the region was interested in the opinions of mayors and discussed with them.
      On several points of the urban planning principles, however, the NSS had no objections. In the region, constructions that do not have supra-regional significance can now be built.
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