What is Act No. 118 / 2010 Coll.?

Act No. 118 / 2010 Coll., on Regional referendum and on the amendment of certain laws — Law on the Regional referendum and on the amendment of certain laws.

When it became Act No. 118 / 2010 Coll. effectiveness?

Act No. 118 / 2010 Coll. became effective 01.01.2011.

Is Act No. 118 / 2010 Coll. still valid?

Yes, Act No. 118 / 2010 Coll. is still valid and effective.

Act No. 118 / 2010 Coll. - Law on the Regional referendum and on th...

118

THE LAW

of 9 March 2010

on the Regional referendum and on the amendment of certain laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

KRAYAN REFERENDUM

HLAVA I

GENERAL PROVISIONS

§ 1

This Act provides for the implementation of a regional referendum on the territory of the higher territorial authorities (hereinafter referred to as the "county ') established under a special legislation (1). This law does not apply to a referendum on the territory of the capital city of Prague.

§ 2

Any person who has the right to vote in the regional referendum shall have the right to vote in the council2 (hereinafter referred to as the "beneficiary ').

§ 3

The Regional referendum shall be held by secret ballot on the basis of universal, equal and direct voting rights.

§ 4

Obstacles in exercising the right to vote in the Regional referendum

The obstacles to exercising the right to vote in the Regional referendum are:

(a) restrictions on liberty laid down by law on grounds of detention or the execution of a prison sentence;

(b) restricting the right to vote in referendum (3);

(c) restrictions on personal freedom provided for under the law on grounds of human health (4); or

(d) the exercise of military active services5), unless participation in a regional referendum makes it possible to fulfil the obligations arising from such service.

§ 5

Day and time of vote in the Regional referendum

(1) The vote in the Regional referendum takes place on one day. The day and time of the regional referendum shall be determined by the regional council. If the vote in the regional referendum is held at the same time as the elections to the councils of the municipalities, to the councils of the regions, to one of the chambers of the Parliament of the Czech Republic, to the European Parliament or with the election of the President of the Republic, it shall be held at the same time as the elections are held; the first sentence shall not apply.

(2) In the region in which the Regional referendum is to take place, the state of danger, the emergency situation, the state of threat to the state or the state of war (6) (hereinafter referred to as the "emergency situation")

(a) suspends the period under this Act;

(b) no regional referendum; the date of the regional referendum shall be determined by the regional council in such a way that it takes place no later than 90 days after the end of the crisis.

(3) Paragraph 2 shall not apply if the regional referendum is to take place in conjunction with elections which are held even at a time of crisis.

HLAVA II

DECISIONS IN THE LAGS REFERENCE AND DETERMINATION OF TERRITORY FOR ITS ACTIONS

§ 6

(1) The Regional referendum decides on matters which fall within the separate competence of the Region.

(2) The Regional referendum can only be held throughout the region.

§ 7

Inadmissibility of the regional referendum

The Regional referendum cannot be held

(a) the imposition of fines (7) and the budget of the countries8);

(b) the establishment or abolition of regional authorities and their internal arrangements;

(c) the choice and removal of the captain, his deputy and members of the Regional Council (9), as well as the elected or appointed members of other regional bodies;

(d) if the question raised in the Regional referendum is contrary to law or if the decision in the Regional referendum could be contrary to law,

(e) in cases where the question referred is decided in a separate management10),

(f) the approval, amendment or revocation of a generally binding county decree; or

(g) if 24 months have not elapsed since the valid regional referendum decision until the application for a regional referendum in the same case.

HLAVA III

OBSERVATIONS OF THE PROPOSAL FOR THE ACQUISITION OF THE LAGS REFERENCE AND DECLARATION OF THE LAGS REFERENCE

§ 8

Doing a regional referendum

(1) A Regional referendum shall take place if:

(a) the regional council shall act on this; or

(b) the Preparatory Committee shall submit a proposal for the holding of a Regional referendum (hereinafter referred to as the "draft Preparatory Committee") and the Regional Council shall decide on its publication.

(2) The draft Preparatory Committee may be submitted if it has been supported by at least 6% of beneficiaries who are resident in the region in which the referendum is to be held by its signature.

(3) The question proposed for the regional referendum must be clearly raised in such a way that it can be answered by 'yes' or 'no'.

§ 9

Preparatory Committee

(1) The Preparatory Committee shall comprise at least 3 authorised persons for the purposes of the Regional referendum.

(2) Preparatory Committee

(a) proposes the organisation of a regional referendum;

(b) has the right to delegate members to voting committees (Sections 21 (5) and (6));

(c) may submit to the court an application to determine that a regional referendum is to be declared or that the draft preparatory committee has no defects (§ 56);

(d) may submit to the court an application for annulment of the vote and an application for annulment of the decision in the Regional referendum (§ 57).

(3) The Preparatory Committee shall indicate which of its members is empowered to act on their behalf. The acts of the Agent shall be binding on the Preparatory Committee.

§ 10

Forms of the draft Preparatory Committee

(1) The draft preparatory committee shall contain:

(a) the indication of the region where the regional referendum is proposed;

(b) the text of the question and, where appropriate, the questions proposed for a decision in the Regional referendum;

(c) the reasons for the proposal,

(d) an estimate of the costs associated with the implementation of the regional referendum and the implementation of the decision taken in the regional referendum and the method of their reimbursement from the regional budget;

(e) the designation of an agent from the members of the Preparatory Committee;

(f) the names and surnames of the members of the Preparatory Committee, their date of birth, the place where they are registered for permanent residence (11), meaning the address of the place of permanent residence (hereinafter referred to as "the address") and their handwritten signatures.

(2) The Annex to the draft Preparatory Committee, which forms part of it, consists of a signature document (Section 11) with numbered sheets.

§ 11

Signatory

(1) Each signature sheet shall contain:

(a) the indication of the region in which the regional referendum is to take place;

(b) the text of the question or, where appropriate, the questions proposed for a decision in the Regional referendum;

(c) the names and addresses of the members of the Preparatory Committee,

(d) a notice to the authorised persons supporting the holding of the referendum of the following text: "Whoever signs the same proposal more than once for the holding of the regional referendum or who signs the signature document, even though he is not an authorised person under the Regional referendum law, or who gives false information in the signature document, commits an offence for which he may be fined up to CZK 3,000."

(2) The authorised person supporting the holding of the regional referendum shall indicate on the signature sheet his name, surname, date of birth, address and affix his own signature.

(3) The draft preparatory committee and the signing documents may not be drawn up at the premises of the national and local authorities.

§ 12

Review of the elements of the draft Preparatory Committee

(1) The draft Preparatory Committee, together with the Annex, shall be submitted by the Preparatory Committee to the Regional Office, which shall examine the draft Preparatory Committee submitted within 15 days of its submission; if he does not find deficiencies in the draft preparatory committee, he shall inform the agent in writing immediately after the expiry of that period.

(2) If the draft Preparatory Committee does not have the formalities laid down in paragraphs 10 and 11, or if it contains incorrect or incomplete information, the Regional Office shall without delay invite the agent to remedy such deficiencies in writing within a specified time limit which may not be less than 7 days. At the same time, the Regional Office shall return the draft Preparatory Committee to the agents as necessary and shall make a record of the procedure and shall include a copy of the draft Preparatory Committee.

(3) In the event that the Regional Office does not inform the agent that the draft Preparatory Committee has no deficiencies or does not invite it to be removed, such draft Preparatory Committee shall be deemed to be impeccable after a period of 30 days from its submission.

(4) An impeccable draft of the Preparatory Committee shall be submitted by the Regional Council for consideration to the Regional Council at its next meeting.

(5) The provisions of the Administrative Code shall apply to the service of documents.

§ 13

Announcement of the Regional referendum on a proposal from the Preparatory Committee

(1) The representative of the county shall decide by a resolution at its next meeting:

(a) on the declaration of a regional referendum, where the proposed question of a regional referendum can be discussed, while at the same time setting the date and time of the referendum (§ 15);

(b) that the Regional referendum will not be declared if the regional referendum cannot be held on the proposed question.

(2) The representative of the county shall immediately inform the agent in writing of the resolution adopted and publish the resolution in the Collection of Legislation of Territorial Authorities and certain administrative offices (21) and shall post it on the official plate of the Regional Office for a period of 15 days. At the same time, this resolution will circulate to the mayors of all the municipalities in the region, who will post the resolution on the official record of the municipal office for 15 days. Similarly, the county council is following the ruling of the court when the regional referendum is declared.

(3) The county representative may decide on the question proposed for a decision in the regional referendum without the announcement of a regional referendum; it shall immediately inform the agent in writing of this decision. Such a decision may not be taken before the expiry of the period laid down in the third sentence. If the Agent declares within 7 days of the date of receipt of this notification that he insists on holding the Regional referendum, the Regional Council shall declare the Regional referendum at its next meeting. The decision of the county council according to the first sentence shall cease to be valid on the day of the declaration of the regional referendum. From the date of the announcement of the regional referendum until the date of the publication of its results, it is not for the authorities of the county to decide on a matter which is the subject of a question in the declared regional referendum.

§ 14

Announcement of the regional referendum from the regional council decision

The regional council may decide to hold a regional referendum by an absolute majority of all members of the regional council. The resolution on the declaration of the regional referendum shall specify the elements referred to in Article 10 (1) (a) to (d). The announcement of a regional referendum in the county shall mean the publication of a resolution of the council in the Collection of Legislation of Local Government and certain administrative offices and the publication of a resolution of the county council on the declaration of a regional referendum on the official board of the Regional Office for 15 days. The representative of the county shall circulate this resolution to the mayors of all the municipalities in the region, who shall post the order on the official record of the municipal office for 15 days.

§ 15

Country referendum Day

The Regional referendum shall be held no later than 90 days after the date of its publication, unless the draft Preparatory Committee indicates a later date, or unless otherwise provided by this Law. The day of the announcement of the regional referendum is the first day of the county council resolution on the official record of the regional office. If a regional referendum is held by decision of the regional council, the date of the regional referendum may not be set to fall within the subsequent term of office of the regional council, unless otherwise provided by this law.

§ 16

Joint holding of the Regional referendum

(1) The draft preparatory committee shall be assessed individually in the order in which it was submitted to the Regional Office. The representative of the county shall decide not to issue a regional referendum on a later draft preparatory committee in respect of the content of the same question or the draft preparatory committee later submitted shall be mutually exclusive with the draft preparatory committee previously submitted.

(2) Together, a regional referendum may be held if more than one draft of the Preparatory Committee is submitted or if the regional council decides to hold a regional referendum pursuant to Article 14.

HLAVA IV

COMMISSION FOR VOTING

§ 17

Types of commissions

Following the announcement of the regional referendum, a district commission, a local commission and a regional commission are set up for the vote.

§ 18

District Commission

(1) District Commission

(a) ensure that voting takes place in the voting district, in particular overseeing the correct surrender of the ballots and ensuring order in the voting room;

(b) counting votes in the voting district;

(c) in the cases in question, by voting on the validity of the ballot and on the validity of the vote of the authorised person, it shall take a final decision,

(d) make a record of the course and outcome of the vote and forward it to the local commission without delay;

(e) submit the other voting documents to the competent municipal authority for safekeeping;

(f) carry out other tasks under this law.

(2) The first meeting of the District Commission shall be convened by the Mayor of the Municipality or the Mayor of the Statutory City (hereinafter referred to as the Mayor of the Municipality) in such a way as to take place no later than 5 days before the vote.

§ 19

Local Commission

(1) Local Commission

(a) organise the activities of district commissions;

(b) oversees compliance with regional referendum legislation;

(c) summarises the votes and ascertains the results of the votes on the basis of the minutes of the course and the outcome of the votes transmitted to the District Commission;

(d) decide on complaints relating to the proceedings of district commissions;

(e) transmit the results of the vote to the Regional Commission;

(f) submit voting documents on the regional referendum to the competent municipal authority;

(g) carry out other tasks under this law.

(2) The local commission also performs the tasks of the District Commission, if only 1 voting district is set up in the municipality (§ 29).

(3) The first meeting of the local committee shall be convened by the mayor of the municipality to take place no later than 10 days before the vote.

§ 20

Regional Commission

(1) Regional Commission

(a) organise the activities of local commissions;

(b) oversees compliance with regional referendum legislation;

(c) summarises the votes and ascertains the results of the votes in the county on the basis of the minutes on the outcome of the votes transmitted to the local commissions;

(d) decide on complaints to local commissions;

e) announces the results of the regional referendum vote;

(f) submit voting documents on the Regional referendum to the Regional Office;

(g) carry out other tasks under this law.

(2) The first meeting of the Regional Commission shall be convened by the Regional Governor to take place no later than 10 days before the vote.

§ 21

Establishment of commissions

(1) The District Commission, the Local Commission and the Regional Commission are at least four members. Only an authorised person who has not been prevented from exercising the right to vote in a regional referendum may be a member of the committee concerned.

(2) The Mayor of the municipality shall set 25 days before the vote date, taking into account the number of persons authorised in the voting district (§ 29), the minimum number of members of the district and local commission, which shall not be less than 4. Similarly, it shall set a minimum number of members of the Regional Commission 25 days before the date of the vote. The number of members of the committee responsible shall be notified without delay by the Mayor of the municipality or the county supervisor to the Preparatory Committee.

(3) The members of the District, Local and Regional Commission are delegated by the Preparatory Committee and by at least one member of the District and Local Commission by the Mayor of the Municipality and by at least one member to the Regional Commission by the County Governor; If a regional referendum is held by decision of the county council, the district and local commission shall be delegated by the mayor of the municipality and by the regional commission of the county council, unless the delegation of members of the municipal or district councils shall be paid for. The members of the commissions shall be delegated no later than 15 days before the vote. The Mayor of the Municipality or the Governor of the Region shall appoint the registrar of the relevant commission at the latest 15 days before the vote date (§ 23).

(4) In the absence of a specified number of members of the Commission in accordance with paragraph 3, the member of the relevant commission shall be delegated to the mayor of the municipality or the county before the first meeting of that commission. If the number of members of the Commission has fallen below the fixed number since its first meeting until the minutes on the conduct and outcome of the regional referendum have been signed, the mayor of the municipality or the county captain shall immediately delegate to vacant posts other members of the Commission.

(5) The Preparatory Committee shall delegate the members of the commissions by delivering the list of members of the commissions to the mayor of the municipality or to the county. The list of members of the commissions shall include:

(a) name and surname;

(b) date of birth and address,

(c) the name, surname and signature of the agent.

(6) The list of members of the commissions referred to in paragraph 5 may include the indication on which the delegates are to be included; if this figure is missing, it shall be classified by the mayor of the municipality or the county supervisor.

(7) Where a regional referendum is held jointly pursuant to Article 16 (2), the members shall be delegated to the relevant joint committee by all the preparatory committees that have submitted the draft preparatory committee and, where appropriate, the regional council. Where a regional referendum is held jointly on the basis of more than one draft of the Preparatory Committee, at least one member shall delegate to the relevant joint commission the mayor of the municipality or the county captain.

§ 22

Membership of the Commission

(1) Membership of the Commission is created by the promise of the following text: "I promise on my honour that I will faithfully and impartially perform my duties and will follow the Constitution, the laws and other laws of the Czech Republic." The promise shall be made by the delegate by signing the contract in writing.

(2) Membership of the Commission

(a) the date of termination of the commission's activities (§ 25);

(b) the moment when the President of the Commission receives a written declaration of resignation; the written declaration cannot be withdrawn,

(c) the moment when the President of the Commission receives the written appeal by the delegate of the commission member; the appeal cannot be withdrawn; or

(d) on the day of the vote, if the member of the Commission does not perform his duties and his absence in the voting room without the agreement of the committee, it shall last for more than 3 hours.

(3) The President of the Commission shall immediately draw the attention of the mayor of the municipality or the county, who shall proceed in accordance with Article 21 (4), to the facts referred to in paragraph 2 (b) to (d).

§ 23

Commission Registry

(1) The minutes of the Commission (hereinafter referred to as "the recorder") are a member of the Commission with an advisory vote and shall not count as members of the Commission.

(2) The Registrar shall make a promise in the form and manner set out in Paragraph 22 (1).

(3) The Registrar may submit proposals to the Commission and make minutes of the proceedings of the Commission.

(4) The Mayor of the Municipality or the Governor of the Region shall call off the registrar appointed by him, who shall cease to perform his duties or shall not perform it properly, and shall immediately appoint a new registrar in his place.

§ 24

Meetings of commissions

(1) At its first meeting, the Commission shall elect a chairman of the Commission (hereinafter referred to as "the President") and a Vice-President of the Commission (hereinafter referred to as "the Vice-President") from among its members. Lossing is run by a reporter. The Vice-President shall, in his absence, represent the President in full capacity and duties. If the President or Vice-President resigns or is unable to perform his duties for serious reasons, the draw shall be re-drawn with the absence of the Vice-President and vice versa.

(2) The committee shall be chaired by its chairman.

(3) The Commission is capable of a quorum if an absolute majority of all its members are present with the right to vote.

(4) The resolution is adopted if the majority of the members present have spoken for them.

§ 25

Termination of Commission activities

The activities of the commissions are terminated on the 15th day following the publication of the results of the vote (§ 46).

§ 26

Prohibition of information

Members of the Commission and those who have the right to be present in a room where the committee sums up votes (Paragraph 42) shall not provide information on the partial results of the vote until the minutes on the course and vote result have been signed by all the members of the committee present.

§ 27

Entitlements of members of commissions

(1) The exercise of the duties of a member of the Commission is another act of general interest (12). A member of the Commission shall be granted leave of absence of compensation.

(2) A member of the Commission is entitled to a special remuneration for the performance of his duties (hereinafter referred to as "remuneration").

(3) A member of the commission may not be reduced to rights and entitlements arising from his / her employment or similar relationship for the performance of his / her duties.

(4) The remuneration of a maximum of one fifth of the basic monthly minimum wage rate laid down by the special legislature13) for the President of the Commission and one seventh of that rate for a member of the Commission shall be determined by the Regional Council.

(5) The amount of the remuneration shall be published by the county council no later than 25 days before the vote on the official record of the Regional Office and circulated to the mayors of all the municipalities in the region, who shall post the information on the official record of the Municipal Office.

(6) In the event that a member of the Commission does not participate in all the meetings of that commission, the remuneration shall be reduced proportionally, according to the record of his participation in the meetings of the commission.

(7) The remuneration shall be paid within 30 days of the end of the commission, pursuant to Article 25, to a member of the district committee, to a district election committee or to a local commission by the municipal office, to a member of the regional commission by the regional office.

§ 28

Co-ordination of the referendum and elections

(1) If the regional referendum is held together on the same days with elections to one of the chambers of Parliament of the Czech Republic, to the European Parliament, to the councils of the regions, to the representatives of the municipalities or to the election of the President of the Republic, the District Electoral Commission established under the relevant electoral law also performs the tasks of the District Commission for the referendum. If a regional referendum is held on a proposal from the Preparatory Committee, the Preparatory Committee may delegate one member or alternate to the District Election Commission, in accordance with Paragraph 21 (1), within the time limit set for delegating the members of the District Election Commission, by the relevant electoral law. This member of the District Electoral Commission shall also perform the tasks of a Member of the District Electoral Commission under the relevant electoral law and shall be entitled to a special remuneration of a Member of the District Electoral Commission in accordance with the relevant electoral law.

(2) If a referendum is held together on the same days with elections, information of voters and eligible citizens shall take place under the relevant electoral law and under this law.

(3) The activities of the District Electoral Commission shall be terminated if the conditions for the closure of their activities are fulfilled for all elections or referendums held simultaneously.

(4) In the run-up to referendums and elections, voting tickets and official envelopes for each type of election and referendum are distinguished in colour. The colour of the ballot is the same as that of the official envelope for the relevant type of election and referendum. In the room where the votes are added, the persons provided for by the relevant electoral law and this law shall be present. Such persons shall be subject to a prohibition on the provision of information under § 26 and under the relevant electoral law.

Date of Promulgation	29.04.2010
Effective from	01.01.2011
Effective until	-
Status	Valid

Citation	Act No. 118 / 2010 Coll., on Regional referendum and on the amendment of certain laws
Regulation Type	-
Author	-
Collection	Code of Laws

Act No. 118 / 2010 Coll.

Law on the Regional referendum and on the amendment of certain laws

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