What is Act No. 22 / 2004 Coll.?

Act No. 22 / 2004 Coll., on Local referendum and on the amendment of certain laws — Law on local referendum and on the amendment of certain laws.

When it became Act No. 22 / 2004 Coll. effectiveness?

Act No. 22 / 2004 Coll. became effective 01.02.2004.

Is Act No. 22 / 2004 Coll. still valid?

Yes, Act No. 22 / 2004 Coll. is still valid and effective.

Act No. 22 / 2004 Coll. - Law on local referendum and on the amend...

22

THE LAW

of 11 December 2003

on the local referendum and on the amendment of certain laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

LOCAL REFERENCE

HLAVA I

GENERAL PROVISIONS

§ 1

This law provides for the implementation of a local referendum

(a) in the municipality, unless it is a territorial subdivided statutory city, in the urban area or in the urban district of the territorial subdivided statutory city, and in the urban part of the capital of Prague (hereinafter referred to as "the municipality"),

(b) in the territory of the capital of Prague and in the territory of a territorial subdivided statutory city (hereinafter referred to as the "statutory city"),

(c) within the territory of a part of a municipality which is not a urban part or a urban district, where special law 1 so provides)

§ 2

Any person who has the right to vote in a local referendum shall have the right to vote in the councils of the Municipality (2) (hereinafter referred to as the "beneficiary ').

§ 3

The local 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 a local referendum

The obstacles to exercising the right to vote in a local 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 laid down by law for the protection of the health of the people, 4); or

(d) the exercise of a military active service, (5) where participation in a local referendum does not allow the performance of the obligations arising from that service.

§ 5

Date and time of vote in local referendum

(1) The vote in the local referendum will take place on one day. If the local referendum is held at the same time as the local elections, the regional councils, one of the chambers of the Parliament of the Czech Republic, the European Parliament or the President of the Republic, they shall be held at the same time as the elections are held; the first sentence shall not apply.

(2) In the territory in which the local referendum is to take place, for the duration of the emergency state, the state threatening state (6) or the state of war (hereinafter referred to as "emergency state ')

(a) suspends the period under this Act;

(b) no local referendum; the day of the local referendum shall be determined by the council of the municipality, the council of the town, the council of the town or the council of the town district (hereinafter referred to as "the council of the municipality ') or the council of the town and the council of the capital of Prague (hereinafter referred to as" the council of the city'), so as to take place no later than 90 days after the end of the crisis.

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

HLAVA II

DECISIONS IN THE LOCAL REFERENCE AND DETERMINATION OF TERRITORIES FOR ITS ACTIONS

§ 6

The local referendum shall decide on matters which fall within the separate competence of the municipality or the statutory city. 7)

§ 7

Inadmissibility of holding a local referendum

Local referendum cannot be held

(a) on local levels8) and on the budget of the municipality or the statutory city, 9)

(b) setting up or abolishing the authorities of a municipality or a city of stature and their internal arrangements;

(c) the choice and appeal of the mayor (10) or mayor of a territorial undivided statutory city (hereinafter referred to as "Mayor of the Municipality"), the Mayor of the Statutory City and Mayor of the City of Prague (hereinafter referred to as "Mayor"), the Deputy Mayor or Deputy Mayor of the Mayor, the members of the Council of the Municipality, the City of Town, the City of Town (hereinafter referred to as "City of the Statutory City"), the members of the Municipality, the City of Municipality and the elected or appointed members of other authorities of the Municipality and the City of the Statutory,

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

(e) in cases where the question referred is decided in a special procedure, 11)

(f) the conclusion of public contracts for the exercise of delegated powers, 12); or

(g) the approval, amendment or revocation of a general order of the municipality;

(h) if 24 months have not elapsed since the decision in the local referendum in force until the application for a local referendum in the same case.

HLAVA III

OBSERVATIONS OF THE PROPOSAL FOR THE ACT OF LOCAL REFERENCE AND DECLARATION OF LOCAL REFERENCE

§ 8

Doing a local referendum

(1) A local referendum shall take place if:

(a) the council of the municipality or the council of the statutory city shall act on this; or

(b) the Preparatory Committee shall submit a proposal for the holding of a local referendum (hereinafter referred to as the "draft Preparatory Committee"), and the council of the municipality or the town of the city of the Statutory Council shall decide on its publication.

(2) The draft preparatory committee may be submitted if it has supported it by its signature at least in the municipality or part thereof, if it is for a local referendum pursuant to § 1 (c) or in the statutory town

do 3 000 obyvatel	30 % oprávněných osob,
do 20 000 obyvatel	20 % oprávněných osob,
do 200 000 obyvatel	10 % oprávněných osob,
nad 200 000 obyvatel	6 % oprávněných osob.

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

§ 9

Preparatory Committee

(1) For the purposes of the local referendum, the Preparatory Committee shall consist of at least 3 authorised persons, unless specific legislation provides for the establishment of the Preparatory Committee. 13)

(2) Preparatory Committee

(a) propose the organisation of a local referendum;

(b) delegates members to voting committees (§ 21);

(c) may submit to the court an application to determine that a local referendum is to be published or that the draft Preparatory Committee has no defects (§ 57);

(d) may submit to the court an application for annulment of a vote and an application for annulment of a decision in a local referendum (§ 58).

(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) an indication of the territory in which the holding of the local referendum is proposed;

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

(c) the reasons for the proposal,

(d) an estimate of the costs associated with the implementation of the local referendum and the implementation of the decision taken in the local referendum and the manner in which they are to be paid from the budget of the municipality or, where appropriate, the statutory city;

(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, 14) which means the address of the stay (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) an indication of the territory in which the local referendum is to take place;

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

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

(d) an alert for persons supporting the holding of a referendum of the following wording: "He who signs the same proposal several times for the holding of a local referendum or who signs a signing instrument, although he is not an authorised person under the Local referendum law, or who gives false information in the signing document, commits an offence for which he may be fined up to CZK 3,000."

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

(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 Municipal Office, the Municipal Office or the Municipal Office (hereinafter referred to as the "Municipal Office ') or to the Municipality of the City of Prague or to the Municipality of the Territorial Division of the Statutory City (hereinafter referred to as the" Municipality of the Statutory City'), 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 data, the Municipal Office or the Municipality of the Statutory City shall without delay invite in writing the agent to remedy such deficiencies within a specified period which may not be less than 7 days. At the same time, the Municipal Office or the Municipality of the Statutory City shall return the draft Preparatory Committee to the Agents as necessary and shall make a record of this procedure and shall accompany it with a copy of the draft Preparatory Committee.

(3) In the event that the Municipal Office or the Municipality of the Statutory City 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 30 days of submission.

(4) The impeccable draft preparatory committee will be presented by the council of the municipality for consideration to the council of the municipality at its next meeting; The Council of the City shall act by analogy, which shall present the impeccable draft preparatory committee to the representative of the Statutory City.

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

§ 13

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

(1) The district of the municipality or the town of the town of the city of the city of the city shall, at its next meeting, decide by a resolution:

(a) on the announcement of a local referendum, where a local referendum can be held on the proposed question, and at the same time determine the date of the referendum (§ 15);

(b) that the local referendum will not be declared, 15) if the local referendum cannot be held on the proposed issue.

(2) The representative of the municipality or the representative of the city shall immediately inform the agent of the resolution adopted, and at the same time that order shall be placed on the official plate of the competent municipal office for 15 days; the order of the City of Statutory Affairs shall be displayed immediately for 15 days on the official record of the City of Statutory City and on the official boards of the offices of all urban areas or urban districts. Similarly, the relevant council shall proceed to declare a local referendum on the basis of a court decision.

(3) The Municipality or the City of Statutory Assembly may decide on the question proposed for a decision in a local referendum without a local referendum being announced; 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, within 7 days of the date of receipt of this notification, the agent declares that he insists on holding a local referendum, the council of the municipality or the council of the city shall declare a local referendum at its next meeting. The decision of the council of the municipality or the council of the statutory city according to the first sentence shall cease to be valid on the date of the announcement of the local referendum. From the date of the publication of the local referendum until the date of the publication of its results, it is not for the authorities of the municipality or the authorities of the city of statehood to decide on the matter which is the subject of a question in the local referendum.

§ 14

Announcement of a local referendum from a decision of the council of the municipality or council of the statutory city

The council of the municipality or the council of the statutory city may decide to hold a local referendum by a simple majority of all members of the council of the municipality or council of the statutory city. The resolution on the announcement of a local referendum shall specify the elements referred to in Article 10 (1) (a) to (d). The announcement of a local referendum in the municipality shall mean the publication of a resolution by the council of the municipality on the official record of the municipal office for 15 days; the announcement of a local referendum in a statutory city means the publication of a resolution by the council of a statutory city on the official plate of the municipal body of the statutory city and on the official boards of the offices of all urban areas or urban districts for 15 days.

§ 15

Local referendum Day

The local referendum shall be held no later than 90 days after the date of its publication, unless later specified in the draft preparatory committee. The date of the announcement of the local referendum shall be the first day of the publication of the order of the council of the municipality or council of the statutory city on the official record of the relevant municipal office or on the official record of the municipal council of the statutory city. Where a local referendum is held by a decision of the municipal council or of the municipal council, the date of holding of the local referendum may not be fixed in such a way as to fall within the following term of office of the municipal council or of the city of the city.

§ 16

Joint holding of the local referendum

(1) Proposals of the Preparatory Committee shall be examined individually in the order in which they were submitted to the Municipal Office or to the Municipality of the Statutory City. The representative of the municipality or the representative of the statutory city shall decide not to declare the local referendum on the draft preparatory committee later submitted if the content is the same or if the draft preparatory committee later submitted is mutually exclusive with the draft preparatory committee previously submitted.

(2) A local referendum may be held together if more than one draft of the Preparatory Committee is submitted, or if the local referendum is decided on by the council of the municipality or the council of the statutory city pursuant to § 14.

HLAVA IV

COMMISSION FOR VOTING

§ 17

Types of commissions

Following the announcement of a local referendum, a vote shall be set up:

(a) in the municipality of the District Commission and the Local Commission,

(b) in the Statutory City, the District Commission, the Local Commission and the City Commission.

§ 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 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) supervise compliance with local 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) publish the results of the vote in a local referendum;

(f) transmit the results of the vote to the City Commission in the statutory town;

(g) submit voting documents on the local referendum to the municipal authority;

(h) 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 (§ 28).

(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

City Commission

(1) City Commission

(a) organise the activities of local commissions in the statutory city;

(b) supervise compliance with local referendum legislation;

(c) summarises the votes and ascertains the results of the vote in the Statutory City 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) publishes the results of the vote in the local referendum in the statutory city;

f) Submits voting documents on the local referendum of the Municipality of the Statutory City,

(g) carry out other tasks under this law.

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

§ 21

Establishment of commissions

(1) The District Commission, the Local Commission and the City Commission are at least four members. Only an authorised person who has not been prevented from exercising the right to vote in a local 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 (§ 28), the minimum number of members of the district and local commission, which may not be less than 4. Similarly, a minimum number of members of the City Commission shall be set by the Mayor 25 days before the voting date. The Mayor of the municipality or the Mayor shall inform the Preparatory Committee of the number of members of the commission concerned without delay.

(3) The members of the District, Local and Urban Commission are delegated by the Preparatory Committee and by at least 1 member of the District and Local Commission of the Mayor of the Municipality and at least 1 member of the City Commission of the Mayor; If a local referendum is held by decision of the council of the municipality or the council of the statutory city, the members of the district and local commission shall be delegated by the mayor of the municipality and the members of the municipal commission of the mayor, unless the delegation of the members of the commissions by the council of the municipality or the council of the statutory city is paid. The members of the commissions shall be delegated no later than 15 days before the vote. The Mayor of the Municipality or Mayor shall appoint the registrar of the relevant commission at the latest 15 days before the vote date (§ 23).

(4) If a specified number of members of the Commission is not reached in accordance with paragraph 3, the member of the relevant commission shall be delegated to the Mayor or the Mayor before the first meeting of that commission. If the number of members of the Commission falls below the fixed number from its first meeting until the minutes on the conduct and outcome of the local referendum are signed, the Mayor or the Mayor 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 or Mayor. 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 or Mayor.

(7) Where a local referendum is held jointly pursuant to Article 16 (2), the members shall be delegated to the relevant Joint Commission by all the preparatory committees that have submitted the draft preparatory committee or, where appropriate, the council of the municipality or the representative of the statutory town. Where a local referendum is held jointly only on the basis of more proposals from the Preparatory Committee, at least 1 member shall be delegated to the relevant joint commission by the Mayor or Mayor.

§ 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) death of a member of the Commission;

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

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

(e) on the day of the vote, unless a member of the Commission performs his or her duties and his or her absence from the voting room without the agreement of the committee takes more than 3 hours.

(3) The President of the Commission shall immediately draw the attention of the Mayor or Mayor referred to in paragraph 2 (b) to (e), which shall proceed in accordance with Article 21 (4).

§ 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 mayor shall withdraw the registered reporter by him, who shall cease to perform his duties or shall not perform it properly, and shall immediately appoint a new reporter 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. 16) 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 minimum wage laid down by the special legislature17 for the President of the Commission and one seventh for the member of the Commission shall be fixed by:

(a) the council of the municipality, if a local referendum is held in the municipality,

Citation	Act No. 22 / 2004 Coll., on Local referendum and on the amendment of certain laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	23.01.2004
Effective from	01.02.2004
Effective until	-
Status	Valid

Act No. 22 / 2004 Coll.

Law on local referendum and on the amendment of certain laws

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