Act No 231 / 2002 Coll.
Act amending Act No. 129 / 2000 Coll., on Counties (Regional Establishment), as amended
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Law
Effective from 01.01.2003
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01.01.2003
04.06.2002
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231
THE LAW
of 16 May 2002
amending Act No. 129 / 2000 Coll., on Counties (Regional Establishment), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 129 / 2000 Coll., on Counties (Regional Establishment), as amended by Act No. 273 / 2001 Coll., Act No. 320 / 2001 Coll. and Act No. 450 / 2001 Coll., is amended as follows:
1.
(1) The Region is a territorial community of citizens who have the right to self-government.
(2) The Region is a public-law corporation which has its own assets and own income defined by law and manages under the conditions laid down by law under its own budget. The Region shall act on its behalf in legal relations and shall be responsible for those relations.
(3) The Region is independently managed by the Regional Council (hereinafter referred to as the "Council"); the other regional authorities are the Regional Council ("the Council '), the Regional Chief (" the Government') and the Regional Office. The regional body shall also be the special authority of the region (hereinafter referred to as the "special authority ') established under the law.
(4) The Region is responsible for the development of its territory and for the needs of its citizens. "
2. Paragraph 2, including footnote 1, reads as follows:
(1) The Region manages its affairs separately (hereinafter referred to as "separate competence"). State authorities may intervene in their own competence only if the protection of the law so requires and only in the manner provided for by the law. The scope of the separate scope may also be limited by law.
(2) The State administration, the exercise of which by law has been entrusted to the authorities of the Region, exercises its powers as delegated bodies (Sections 29 and 30). The county is the administrative district in the state administration. The Region is obliged to ensure the performance of the delegation.
(3) The Region protects the public interest in the exercise of its separate competence and delegation.
(4) The Region ensures that financial control is carried out in accordance with the budgetary rules of the territorial budgets and the specific legislation.1)
1) Act No. 320 / 2001 Coll., on financial control in public administration and amending certain laws (Act on Financial Control). '.
3. Article 3 shall be deleted;
4. In Section 4, the words "separate or 'are deleted.
5.
(1) The county may have a character and a banner.
(2) The President of the Chamber of Deputies may, on his proposal, grant a sign or a banner to a country which does not have a sign or banner.
(3) The President of the Chamber of Deputies may, at the request of the Region, change the emblem or flag of the Region. "
6. In Article 7, the words "in matters entrusted with the exercise of public administration 'are replaced by the words" delegated' and the words "Region 'and the words" empowered' are replaced by the words "empowered '.
7.
(1) The generally binding county regulations must comply with the laws and regulations of the county must comply with the laws and regulations issued by the government and the central administration.
(2) The General Order of the Region and the Order of the Region (hereinafter referred to as the "Regional Legislation") enters into force on the day of its publication in the Regional Legislative Bulletin (hereinafter referred to as the "Bulletin").
(3) The date of publication of the county law shall be the date of distribution of the corresponding amount of the Bulletin, which shall be indicated in its header.
(4) The legislation of the county shall take effect on the 15th day following its publication in the Bulletin, unless it provides for a later beginning of effectiveness.
(5) If an urgent general interest so requires, an earlier beginning of the legislation of the county may exceptionally be established, but first on the date of publication. The earlier onset of effectiveness shall be indicated in the legislation of the region. In such cases, the legislation of the county shall also be published on the official plate of the Regional Office (hereinafter referred to as the "official plate '), on the official plates of the municipal offices of the municipalities concerned and on mass information.
(6) The Bulletin is issued in sequentially numbered amounts marked with order numbers. The legislation of the county is marked with order numbers in the Bulletin. The numerical series of regional legislation and the numerical series of individual amounts of the Bulletin shall be closed at the end of each calendar year.
(7) The Bulletin must be accessible to everyone at the Regional Office, the Municipal Offices in the Region and the Ministry of Interior ("the Ministry ').
(8) The Region will publish a copy of the Bulletin in a manner that allows remote access. "
8. Article 9 shall be deleted;
9. Paragraph 10, including footnote 3, shall be deleted;
10. At the end of the title of Part 3, the words "legal persons and business natural persons' shall be added.
11.
(1) The Region may impose a fine of up to CZK 200,000 to a legal person and a natural person who is an entrepreneur (hereinafter referred to as "the person") if they have infringed the obligation laid down by the legislation of the region.
(2) The infringement proceedings may be initiated within 1 year from the date on which the country became aware of the infringement referred to in paragraph 1, but not later than 2 years from the date on which the infringement occurred.
(3) When fixing the amount of the fine referred to in paragraph 1, the County shall take into account in particular the nature, gravity, duration and consequences of the infringement and the proportionality of the amount of the fine in relation to the property ratios of the person who committed the infringement.
(4) The fine referred to in paragraph 1 may not be imposed if the law provides for a higher penalty for infringement of the obligation referred to in paragraph 1.
(5) The imposition of the fine referred to in paragraph 1 shall not exempt the person referred to in paragraph 1 from the obligation to remedy the defect within a period set by the county, taking into account the circumstances of the case.
(6) The proceeds of fines are the income of the county. '
12. Under Article 11, the term "TITLE II ', including the heading" CITIZENS', is replaced by "Episode 4 'and the heading" Citizens of the Region'.
13. in Article 12 (2) (a), the word "special" shall be deleted;
14. in Article 12 (2) (b):
"(b) express its views on the matters under consideration at the meeting of the Council in accordance with the Rules of Procedure;"
15. in Article 12 (2) (c):
"(c) consult the county budget and the final account of the county, the report on the outcome of the review of the country's management over the previous calendar year, the resolutions and minutes of the council's deliberations, the resolutions of the Council, the committees of the council (hereinafter referred to as" committees ") and the board committee (hereinafter referred to as" the commission "), and make extracts thereof, unless otherwise prohibited by other laws, ';
16. in Paragraph 12 (2) (d), the words "if it concerns the responsibilities of the council, up to 90 days," shall be added at the end.
17. in Article 12 (2) (e), the part of the sentence after the semicolon shall be replaced by the following: "The authorities of the county shall deal with them without delay, but within a maximum period of 60 days, if the representative is involved, within a maximum period of 90 days."
18. in Article 12 (2) (f):
"(f) to comment on the draft county budget and the final account of the county for the previous calendar year, either in writing, within the time limit laid down in the Rules of Procedure or orally at the meeting of the representative,";
19. in Article 12 (2) (f), the line at the end is replaced by a dot and point (g) is deleted;
20.
(1) The separate competence of the region shall include matters which are in the interest of the region and of the citizens of the region, as far as they are not delegated.
(2) In particular, matters referred to in Sections 11, 35, 36 and 59, with the exception of the issuing of county regulations, are covered by the separate competence of the Region, as well as matters entrust by law to it.
(3) The Region may set up and establish legal persons and organisational elements of the Region for the exercise of its separate competence, unless otherwise provided by the Law.
(4) In exercising its separate competence, the region shall cooperate with municipalities; they must not interfere with their separate competences. The municipality may bring an action under a special law against such intervention.
(5) The counties are required, where possible, to discuss in advance with the municipalities measures affecting their competence. '
21. Paragraph 15 (1) reads:
"(1) The Region is entitled to comment on the proposals of the State authorities concerning the competence of the Region. The State authorities are required, where possible, to discuss in advance with the region measures affecting the area. '
22. In the third sentence of Article 15 (2), the word "personal 'is deleted.
23. In the third sentence of Article 15 (2), the words "and classified information 'and footnote 7 are inserted after the words" data':
"7) For example Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws, as amended, Act No. 101 / 2000 Coll., on the Protection of Personal Data and on the Amendment of Certain Acts, as amended, and Act No. 89 / 1995 Coll., on the State Statistical Service, as amended."
24. In Article 15, the following paragraph 3 is added:
"(3) In the exercise of their powers, the counties are entitled to use the cadastral data free of charge."
25. the following Section 15a is inserted after Section 15:
(1) The Region is required to issue certificates and to draw up reports for the purposes of legal and natural persons, where specific legislation so provides.
(2) The Region issues the certificates required for the exercise of the right abroad even if the legislation does not impose such an obligation but the required data are known to it. "
26. in Paragraph 17 (3):
"(3) The Region must not be liable for the obligations of natural and legal persons except:
(a) obligations arising from a credit agreement where the funds are intended for an investment carried out with financial support from the State budget, the State funds or the national fund;
(b) obligations arising from a credit agreement where the funds are intended for investment in a region or municipality owned by immovable property;
(c) those whose establishment is the county, state or municipality;
(d) those in which the participation rate of the region or, together with other regions, municipalities or the State exceeds 50%. "
27. in Paragraph 18 (1), including footnote 9 (a),
"(1) The intention of the county to sell, exchange or donate real estate, rent or provide as a loan the county shall be published for at least 30 days before the decision in the competent authority of the county by hanging on the official record, so that interested parties may comment on it and submit their tenders. The property shall be identified in the project by the particulars in accordance with the Special Law 9a) in force on the date of publication of the project. If the region does not publish the project during that period, the legal act shall be void.
9a) § 5 of Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended. '
28. In Article 18, at the end of paragraph 3, the words "30 days' shall be replaced by the words" 90 days' and the following words, including footnote 9b, shall be added: "or if there is a lease or loan to a legal person whose founder is the county, or if there is a lease of road or road auxiliary land in connection with the specific use of roads under a special law. 9b)
9b) § 25 of Act No. 13 / 1997 Coll., on Road, as amended. '
29. In Article 18, the following paragraph 4 is added:
"(4) The provisions of paragraphs 1 and 2 shall not apply to borrowings or leases of assets entrusted to contributory organisations established by the region, unless the special regulation or representative of the establishment list provides otherwise. ';
30. Article 19 shall be deleted;
31. in Article 20 (1), the words "or by the Ministry of Finance" shall be deleted;
32. In Paragraph 20 (3), the first sentence is: "If the county does not ask the auditor to review his business for the previous calendar year by 31 January, the Ministry of Finance may impose a fine of up to CZK 100,000 in administrative proceedings; in such a case, it shall ensure that the audit work of the county is carried out on the costs of the mandatory region. ';
33.In Paragraph 20 (3), the second sentence is deleted.
Article 34 (22) reads:
The establishment of the budget and the final account of the county and the management of the funds of that budget shall be governed by a special law. ';
35. in Article 23, the words' this act 'shall be replaced by' the fulfilment of these conditions';
36. In Article 23, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Legal acts requiring the approval of the council or council may only be taken after their prior approval, otherwise those legal acts of the county shall be void from the outset. Such legal acts shall be done by the President or by a person authorised by him, unless otherwise provided for in this law (Paragraph 69 (2) (b)). '
37.Paragraph 24 (1) reads as follows:
"(1) The counties may cooperate with other counties and municipalities."
38. In Paragraph 24, the following paragraph 2 is inserted after paragraph 1:
"(2) The provisions of the Civil Code on interest associations of legal persons and on the contract of association may not be applied to the cooperation of regions with other counties and municipalities, unless otherwise provided for in that law. '
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
39. In Article 24 (3), the word "in particular" shall be added after the word "implemented."
40. in Article 24 (4), the first sentence is deleted;
41. in Article 24 (5), after the word "paragraph" the number "2" is replaced by "3."
42.Paragraph 25 (1) reads as follows:
"(1) The property acquired by the joint operation of the counties with other counties or municipalities under a contract pursuant to Paragraph 24 (3) shall become the joint ownership of all the parties to this contract. The shares in the assets acquired by the joint operation shall be the same unless otherwise provided for in the contract. ';
43. Paragraph 25 (3) is deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
44. In Paragraph 28 (1), the words "to enter regional groupings with foreign partners' are replaced by the words" to be a member of their international associations'.
45. in Paragraph 28 (1), the last sentence shall be deleted;
46. the introductory part of Paragraph 28 (2) reads:
"(2) The counties may conclude mutual cooperation agreements with the territorial authorities of other States. The content of cooperation may only be activities which fall within the separate competence of the contracting region. The contract must contain '.
47. In Paragraph 28 (4), the first sentence is replaced by the following sentence: "The cooperation agreement referred to in paragraphs 2 and 3 on the basis of which a legal person or membership of an existing legal person is to be established shall be subject to the consent of the Ministry after prior consultation with the Ministry of Foreign Affairs."
48. Paragraph 29 (1) reads as follows:
"(1) The authorities of the region shall exercise in their territory a delegated competence in matters governed by law."
49. Paragraph 29 (2) is deleted.
Paragraph 3 shall become paragraph 2.
50. In Paragraph 29 (2), the words "the performance of tasks in 'are replaced by the words" performance' and the following sentence is added: "The amount of the contribution shall be determined by the Ministry of Finance after consulting the Ministry. ';
51.In Paragraph 30 (a):
"(a) when issuing regulations to the county of the laws and other legislation,"
52. In Article 30, the words "the validity of the guidelines of central administrative authorities is subject to publication in the Government Bulletin for regional and municipal authorities' shall be added at the end of point (b).
53. In Paragraph 31 (2), the words "according to the statistical lexicon of municipalities" are deleted.
54. In Article 31 (3), the words "not later than 2 days after its designation on the official plate and in the Bulletin 'shall be inserted after the words" the Office'.
55. In Paragraph 32 (1), the first sentence is replaced by the following: "The function of a member of the council shall be a public function. 13)."
Footnote 13) reads as follows:
"13) § 2 (1), § 124, 206 of the Labour Code. '
56. In Paragraph 32 (2), the words "origin and 'are inserted after the words" Conditions'.
57. in Article 33 (2), the third sentence is deleted;
58. In Paragraph 33 (3), the first sentence shall be replaced by the following sentence: "A member of the council shall take the oath before the council by saying" I promise. "
59. Paragraph 33 (4) is deleted.
60.In Paragraph 34 (1) (a) to (c):
"(a) submit proposals for discussion to the Council and Council, as well as to committees and commissions;
(b) to raise questions, comments and suggestions to the Board and its individual members, to the chairpersons of the committees, to the statutory bodies of the legal entities of which the region is the founder and to the heads of the contribution organisations and organisational bodies established or established by the Region; the written reply must reach within 30 days,
(c) to request information from regional staff, as well as from employees of legal persons established by the county, on matters relating to the performance of their duties; the information must be provided within 30 days. ';
(61) In Paragraph 34 (2), the words "which result from his duties in these bodies and the tasks" shall be deleted.
62. In the first sentence of Paragraph 34 (3), the word "competent 'shall be deleted.
63. In the first sentence of Paragraph 34 (3), the words "to discuss the matter 'shall be added at the end.
64.In Paragraph 34 (3), the last sentence is deleted.
65. In Paragraph 35 (2) (a), the words "in accordance with the law 14)," including footnote 14, are deleted.
66. in Article 35 (2), the following point (f) is inserted after point (e):
"(f) approve the concept of tourism development in the territory of the region, ensure their implementation and control their implementation,"
Points (f) to (s) shall be renumbered as points (g) to (t).
67.In Paragraph 35 (2) (l):
"(l) to decide on the establishment and cancellation of legal persons, to approve their instruments of incorporation, social contracts, contracts of incorporation and statutes, to decide on participation in legal persons already established,";
68. in Article 35 (2) (o), the words "Deputy President" shall be replaced by the words "Deputy Deputy Minister" and the words "from among its members and remove them from office" shall be added at the end.
69.In Paragraph 35 (2) (p):
"(p) determine the number of members of the Board released and the functions for which the members of the Board will be released and from which date, '.
70.In Paragraph 35 (2), points (r) and (s) are deleted.
71. in Article 35 (2), the following points (r) to (u) are inserted after point (q):
"(r) to decide on the remuneration of non-authorised members of the council and on the remuneration provided for in Article 50 (4) and (5);
(s) lay down the principles governing the granting of travel allowances to members of the council (§ 53);
t) to decide on the financial performance of members of committees, commissions and special bodies to natural persons who are not members of the council;
(u) award regional prices, ';
Point (t) shall be renumbered (v).
72. In Paragraph 35 (3), the word "k 'is inserted after the word" submitted'.
73.In Article 36 (1) (a), the words "including the issue of real estate under special laws' are deleted.
74. In Paragraph 36 (1) (b), the words "in individual cases," shall be replaced by the words "to one natural or legal person in a calendar year."
75. in Paragraph 36 (1) (c), the words "own resources" shall be deleted, after the words "social services," the words "family support," the words "one organisation" shall be replaced by the words "one natural or legal person," and the words "unless there are special-purpose subsidies from State budget resources," shall be added at the end.
76.
"(h) the transfer of the claim in excess of CZK 200,000."
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Regulation Information
| Citation | Act No. 231 / 2002 Coll., amending Act No. 129 / 2000 Coll., on Counties (Regional Establishment), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.06.2002 |
|---|---|
| Effective from | 01.01.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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