Important decision
The Constitutional Court has rejected a motion by a group of 35 MPs who wanted to repeal a government decree establishing the Soutok Protected Landscape Area. According to the court, the government acted in accordance with the constitutional order and the declaration of the protected area is a reasonable and legitimate step to protect nature.
In July this year, the government declared the Soutok Protected Landscape Area, the largest floodplain forest complex in Central Europe. However, some MPs did not like it – they claimed it was an unnecessary interference in property rights, business and municipal self-government. They therefore proposed that the Constitutional Court annul the government decree on the creation of the protected area. The court rejected their motion on 5 November.
The Constitutional Court confirmed that the government had adopted the regulation in the manner prescribed by law and within its competence. The process of its deliberation did not show signs of arbitrariness and the declaration of the new MPA passed the so-called proportionality test. The court considered the conflict between nature protection on the one hand and the rights of owners, entrepreneurs and municipalities on the other. It found the designation of the MPA to be constitutionally proportionate – the public interest in protecting the valuable area outweighed the negative impacts on private entities.
The court did not accept the arguments that the area was already protected as a site of European importance. It held that the SPA represented a higher level of protection and was a legitimate means of fulfilling the state’s duty to protect natural resources. Thus, the establishment of the MPA remains valid and the “Moravian Amazon” remains under special protection.
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