Important decision
The Full Court of the Constitutional Court has unified its case law and clearly defined how municipalities and regions can seek protection of their right to self-government. They will not succeed in the Constitutional Court without the consent of the council and compliance with the legal deadline.
The Full Court of the Constitutional Court has adopted a unifying opinion according to which local self-government units may defend their constitutionally guaranteed right to self-government only through a so-called municipal constitutional complaint. This must be expressly approved by the municipal or regional council and must be filed within two months of the challenged intervention. Municipalities and regions, on the other hand, cannot allege a violation of the right to self-government in a “general” constitutional complaint because it is not a fundamental right within the meaning of the Charter.
The opinion responds to the case of the Statutory City of Zlín, which defended itself against the intervention of administrative courts in its zoning plan without having a resolution of the municipal council to file a municipal complaint. The Constitutional Court ruled out the possibility that such a submission could subsequently be considered as a general constitutional complaint. It stressed that when a municipality acts in a superior position (e.g. in the issuance of a zoning plan), it is only the municipal council that has active standing. Although three judges dissented and warned against excessive formalism, the majority opinion is binding on all chambers of the Constitutional Court and significantly clarifies the procedural procedure of municipalities and regions in the future.
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