MMR cannot annul Prague's building regulations, says lawyer
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"Only two instances can annul them. The one who issued them or the Constitutional Court. MMR would have to appeal to the latter. However, it would be in the position of the plaintiff and would have to defend its legal opinion that the Prague building regulations are indeed contrary to the law. It is a question of whether it would succeed," said Korbel. However, the ministry can submit a proposal to the Constitutional Court to annul the Prague building regulations only after the expiration of 15 months, which it has given Prague to make corrections.
Korbel further pointed out that two regulations currently coexist in the capital city. Partly the old ordinance preceding the new regulations and partly the nationwide implementing regulations. According to the lawyer, however, neither the new Prague building regulations are invalid. "The consequence of MMR's decision regarding the so-called suspension, i.e., the halting of the validity of the regulation, is that the Prague building regulations are in a state of validity, but not in effect," said Korbel.
The building regulations, which are the implementing regulations for the Building Act, were approved last summer by the previous city council led by then-mayor Tomáš Hudeček. Before they came into effect in October, they sparked a heated debate. The billboard lobby launched a strong media campaign against them because it disagreed with the advertising regulation that the regulations bring.
Subsequently, the MMR came up with comments and requested adjustments to the regulations from Prague. Among other things, the ministry is bothered by the fact that Prague did not submit the regulations for notification to the European Commission. In January of this year, MMR suspended their effectiveness. Therefore, Prague began preparing two amendments to the regulations.
The English translation is powered by AI tool. Switch to Czech to view the original text source.
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