What is Act No. 234 / 2006 Coll.?

Act No. 234 / 2006 Coll., amending Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended, Act No. 129 / 2000 Coll., on Counties (regional establishment), as amended, Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended, Act No. 182 / 1993 Coll., on the Constitutional Court, as amended, Act No. 22 / 2004 Coll., on the Local Reference and on the Amendment of Certain Acts, and Act No. 312 / 2002 Coll., on the Officials of Territorial Authorities and on the Amendment to Certain Acts No. 46 / 2004 Coll. — Act amending Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended, Act No. 129 / 2000 Coll., on Counties (regional establishment), as amended, Act No. 131 / 2000 Coll., on the City of Prague, as amended, Act No. 182 / 1993 Coll., on Constitutional Court, as amended, Act No. 22 / 2004 Coll., on Local referendum and on the amendment of certain laws, and Act No. 312 / 2002 Coll., on Officials of Local Government and on the Amendment of Certain Acts No. 46 / 2004 Coll..

When it became Act No. 234 / 2006 Coll. effectiveness?

Act No. 234 / 2006 Coll. became effective 01.07.2006.

Is Act No. 234 / 2006 Coll. still valid?

Yes, Act No. 234 / 2006 Coll. is still valid and effective.

How many times was it Act No. 234 / 2006 Coll. amended?

Act No. 234 / 2006 Coll. has 3 time versions of the text.

Act No. 234 / 2006 Coll. - Act amending Act No. 128 / 2000 Coll., o...

234

THE LAW

of 25 April 2006

amending Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended, Act No. 129 / 2000 Coll., on Counties (regional establishment), as amended, Act No. 131 / 2000 Coll., on the City of Prague, as amended, Act No. 182 / 1993 Coll., on the Constitutional Court, as amended, Act No. 22 / 2004 Coll., on Local referendum and on the amendment of certain laws, and Act No. 312 / 2002 Coll.

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Municipality Act (municipal establishment)

Čl. I

Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended by Act No. 273 / 2001 Coll., Act No. 320 / 2001 Coll., Act No. 450 / 2001 Coll., Act No. 311 / 2002 Coll., Act No. 313 / 2002 Coll., Act No. 59 / 2003 Coll., Act No. 22 / 2004 Coll., Act No. 216 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 421 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 626 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 61 / 2006 Coll., is amended as follows:

1.

„§ 3

(1) A village of at least 3 000 inhabitants is a city where, on a proposal from the municipality, the President of the Chamber of Deputies so provides after the Government has expressed its views.

(2) The municipality is a city where, on a proposal from the municipality, the President of the Chamber of Deputies so provides after the Government has expressed.

(3) The municipality which was a city before 17 May 1954 is a city if the President of the Chamber of Deputies so requests. The President of the Chamber of Deputies shall, at the request of the municipality, determine the date on which the municipality becomes a city.

(4) The municipality which was authorised to use the city designation before 17 May 1954 is a city where the President of the Chamber of Deputies so requests. The President of the Chamber of Deputies shall, at the request of the municipality, determine the date from which the municipality becomes a city.

(5) If two or more municipalities are merged, at least one of them is a city, the newly created municipality is a city. If two or more municipalities, none of which is a city, but at least one is a city, the newly created municipality is a city. If a part of the city is separated and two or more municipalities are formed, the municipality that remains the name of the city or part of its name remains a city. If a part of the town is separated and two or more municipalities are formed, then the municipality that remains the name of the present town or part of its name remains a city. '

2. In Article 4 (1), the words "Přerov, Chomutov, Decin, Frýdek-Místek 'shall be inserted after the words" Olomouc'.

3. In Article 5, at the end of paragraph 1, the sentence "Cities is managed separately by the City Council; the other municipal authorities are the City Council, the Mayor, the City Office and the special municipal authorities. ';

4. In Article 5 (3), the word "township," shall be inserted after the word "municipality,"

5. In the first sentence of Article 12 (2), the word "date 'shall be inserted after the word" after'.

6. In Article 12 (5), the third sentence is deleted.

7. In Article 12, paragraph 6 is added:

"(6) The municipality shall send a general binding order to the municipality immediately after the date of its publication to the Ministry of the Interior. The municipality shall send the order of the municipality immediately after the date of its publication to the Regional Office. ';

8. in Article 21 (3), the following point (c) is inserted after point (b):

"(c) acts as a newly created municipality when concluding an agreement on the division of assets,"

Point (c) shall be renumbered (d).

9. in Article 22 (2), point (c) is deleted;

Points (d) and (e) shall be renumbered (c) and (d).

10. In Paragraph 22, the following paragraphs 3 and 4 are inserted after paragraph 2:

"(3) The proposal for the separation of part of the municipality consists of a written agreement between the municipality and the Preparatory Committee on the division of the municipality's assets between the original municipality and the newly created municipality, if this agreement was reached.

(4) Unless otherwise agreed between the municipality and the Preparatory Committee on the division of the municipality's assets, the municipality's assets shall be distributed between the original municipality and the newly created municipality in such a way that:

(a) the property right, including its accessories, as well as the rights in rem in foreign matters and the property obligations, shall be transferred to the municipality in whose territory the property is situated; for the transfer of ownership to real estate, the relevant status at the date of holding the local referendum on the separation of part of the municipality;

(b) in proportion to the population of the original municipality and the newly established municipalities, they shall move to the newly established municipality of movable property, with the exception of property accessories, funds, liabilities, shares in legal persons established by the municipality and other rights. "

Paragraphs 3 to 6 shall be renumbered paragraphs 5 to 8.

11. in Paragraph 22 (6), the sentence "The decision shall also include the approval of the agreement referred to in paragraph 3 if this agreement has been reached."

12. In Paragraph 22, the following paragraph 7 is inserted after paragraph 6:

"(7) The property referred to in paragraph 4 shall be transferred to the newly created municipality on the date of its establishment. If an agreement has not been reached pursuant to paragraph 3, the newly created municipality may bring an action before the court to determine which property referred to in paragraph 4 (b) has transferred to it. ';

Paragraphs 7 and 8 shall be renumbered paragraphs 8 and 9.

13. In the first sentence of Paragraph 23 (1), the word "present 'is replaced by" original'.

14. In the first sentence of Article 23 (1), the dot after the word "Office 'is replaced by a comma and the words" or, if the decision of the Regional Authority does not contain the approval of the Agreement pursuant to Article 22 (3), the property referred to in Article 22 (4) (a) are added.';

15. in the second sentence of Article 23 (1), the word 'present' is replaced by 'original';

16. In the third sentence of Paragraph 23 (1), the word "present 'is replaced by" original'.

17.

„§ 24

The merger of municipalities, the connection of municipalities, urban areas or urban districts or the separation of part of the municipality may only take place at the beginning of the calendar year. The application for separation of part of the municipality must be submitted to the Regional Office no later than 30 June of the previous calendar year. '

18. In Article 29 (2), the words "and if at least 40% of the elderly citizens of the municipality reporting to that national minority so requested 'shall be replaced by the words" if representatives of the relevant national minority so request through the Committee on National Minorities (§ 117 (3)) and if they recommend a proposal by their resolution'.

19. in Paragraph 61 (2) (b):

'(b) in other cases,

1. Resolutions of the Government and directives of the central administrative authorities; these resolutions and these directives cannot impose obligations on the authorities of municipalities unless they are also provided for by law; the validity of the guidelines of central administrative offices is subject to publication in the Government Bulletin for regional and municipal authorities;

2. the measures taken by the competent public authorities to check the exercise of delegated powers under this Act. ';

20. In Section 67, the part of the sentence behind the semicolon, including the semicolon and footnote 19, is deleted.

21. In the second sentence of Paragraph 68 (1), the word "town" shall be inserted after the words "should in the municipality."

22. In Article 68, the following paragraph 5 is added:

"(5) The number of members of the council to be elected shall be determined by the Ministry of the Interior if the municipalities are merged or separated. Where a city district or a city part is established in a territorial subdivided statutory city, the number of members of the town district council or of the urban part to be elected shall be determined by the Municipality in its delegation. In determining the number of members of the council of the municipality and the members of the council of the town district or part thereof, the procedure laid down in paragraph 1 shall be treated mutatis mutandis. ';

23. in Paragraph 69 (2), "(cities)" is replaced by "(cities, cities)."

24.

„§ 75

(1) An unreleased member of the council of the municipality, if he acts as mayor, and a vacated member of the council of the municipality, shall be remunerated at the end of the term of office if, on the day of the elections to the council of the municipality, they were remunerated monthly and if they were not entitled to a monthly remuneration again. If a vacated member of the council of a municipality or a non-released member of the council of a municipality exercising the post of mayor has been definitively convicted of an intentional offence committed during the term of office, he shall not be remunerated at the end of the term of office.

(2) The amount of remuneration at the end of the term of office of the vacant member of the council of the municipality and of the non-released member of the council of the mayor shall be fixed as the amount of the monthly remuneration to which the multiple of that amount and the number of full years of post completed but not more than five completed years of office shall be added.

(3) A vacated member of the council of the municipality and a non-authorised member of the council of the municipality who performed as mayor or deputy mayor for which the monthly remuneration is due and whose mandate expired before the election date to the council of the municipality, this remuneration will be provided for a period of 3 months from the date of termination of the mandate.

(4) To the vacant member of the council of the municipality and to the non-authorised member of the council of the municipality, who performed the duties of mayor or deputy mayor for which the monthly remuneration is due and have been withdrawn from or surrendered from that office, that remuneration shall be granted for a period of 3 months from the date of resignation or revocation.

(5) If the current mayor exercises the authority provided for in Article 107 (1) before the opening meeting of the town council, he shall receive a monthly remuneration of the current amount.

(6) A member of the council of a municipality who exercises jurisdiction under Paragraph 107 (2) shall have a monthly remuneration equal to that of the mayor under the implementing legislation.

(7) The remuneration at the end of the term of office may be paid in monthly instalments or on a one-off basis. If a member of the council of the municipality referred to in paragraph 1 is entitled to a remuneration at the end of the term of office when criminal proceedings are brought against him for an intentional offence committed during the term of office, the remuneration at the end of the term of office shall not be paid. If the criminal proceedings for that offence end with a final conviction by a member of the council of the municipality, the entitlement to remuneration at the end of the term of office shall be deemed not to have arisen; If there is no such conviction, the remuneration at the end of the term of office shall be paid. ';

25. in Article 84 (2), points (l) and (m) are deleted;

Points (n) to (y) shall be renumbered as points (l) to (v).

26. in Paragraph 84 (2) (n):

"(n) to elect from among the members of the council of the mayor, vice-mayors and other members of the council of the municipality (councilor) and to remove them from office, to determine the number of members of the council of the municipality as well as the number of long-term vacant members of that council, to establish and cancel committees, to elect their chairpersons and other members and to remove them from office,";

27. Paragraph 89 (2), including footnote 30, reads as follows:

"(2) If the council of the municipality or any other authority of the municipality does not act in accordance with the court's decision on the obligation to declare a local referendum or with a decision taken in a local referendum, the Ministry of Interior shall invite the council of the municipality to remedy it within 2 months. If the municipality does not do so within this period, the Ministry of the Interior will dissolve them. The municipality may bring an action before the courts against this decision.

30) § 67 (b) of Act No. 150 / 2002 Coll., Administrative Rules. '.

28. Paragraph 91 (2) reads as follows:

"(2) If the opening meeting of the newly elected representative of the municipality is not convened within the time limit referred to in paragraph 1, the Ministry of the Interior shall do so."

29. In Paragraph 98 (1) of the Introductory Part of the provision, the words "Director of the Regional Office 'are replaced by the words" Ministry of the Interior' and the words "Region of the Regional Office 'are replaced by the words" State of the Ministry of Interior'.

30. Paragraph 98 (3) reads:

"(3) The costs associated with the performance of the duties of the administrator of the municipality shall be borne by the State."

31. in Paragraph 98 (4), the words "Director of the Regional Office" shall be replaced by the words "Ministry of the Interior."

32. Paragraph 105 (2) is deleted and paragraph 1 is deleted.

33. in Paragraph 111 (1), the word "(" city ")" shall be replaced by "(" town ")" and the word "town" shall be inserted after the words "and the name of the municipality";

34. in Paragraph 111 (2), the words "(" Municipal Office ")" shall be replaced by "(" Municipal Office ")" and the words "town" shall be inserted after the words "town name";

35. in Article 111 (3), the words "or the City Office" shall be inserted after the words "the City Office."

36. in Paragraph 111 (4), the word "(" town ")" shall be replaced by "(" town ")" and the word "(city)" shall be replaced by "(cities, cities)."

37. In Article 120 (1), the first sentence is replaced by the following: "In parts of the municipality, the council of the municipality may set up local or local committees (hereinafter referred to as the" settlement committee ")."

38. In Part One, Title VI, including the title and footnote 37:

„HLAVA VI

ATTENTION

Díl 1

Supervision of the issue and content of generally binding municipal orders and resolutions, decisions and other measures of the municipal authorities under separate jurisdiction

§ 123

(1) If the general binding decree of the municipality contradicts the law, the Ministry of the Interior will invite the municipality to remedy it. If, within 60 days of receipt of the invitation, the municipality has not remedied, the Ministry of the Interior shall decide to suspend the effectiveness of this generally binding decree. The effectiveness of the generally binding decree of the municipality is suspended by the date of delivery of the decision of the Ministry of Interior to the municipality. At the same time, the Ministry of the Interior shall set a reasonable time limit for the municipality to remedy it. If the council of the municipality agrees to remedy it within the prescribed time limit, the Ministry of the Interior shall revoke its decision to suspend the validity of the generally binding decree of the municipality without delay after receiving a communication from the municipality on the settlement of the correction, annexed to which is the generally binding decree of the municipality, which has been rectified.

(2) In the event of a clear violation of the generally binding decree of the municipality with human rights and fundamental freedoms, the Ministry of the Interior may suspend its effectiveness without prior call for redress. The effectiveness of the generally binding decree of the municipality is suspended by the date of delivery of the decision of the Ministry of Interior to the municipality. At the same time, the Ministry of the Interior shall set a reasonable time limit for the municipality to remedy it. If the council of the municipality agrees to remedy it within the prescribed time limit, the Ministry of the Interior shall revoke its decision to suspend the validity of the generally binding decree of the municipality without delay after receiving a communication from the municipality on the settlement of the correction, annexed to which is the generally binding decree of the municipality, which has been rectified.

(3) If the municipality's representative fails to remedy within the prescribed time limit and if the decision of the Ministry of Interior pursuant to paragraphs 1 and 2 is not brought to the hearing, the Ministry of Interior shall, within 30 days of the expiry of the deadline for the submission of the decomposition to the Constitutional Court, submit an application for the annulment of the generally binding order of the municipality. If degradation is brought against the decision of the Ministry of Interior pursuant to paragraphs 1 and 2, the Ministry of Interior shall submit such a proposal to the Constitutional Court within 30 days of the date of the legal power of the decision on the decomposition to which the decomposition was refused. If the Constitutional Court rejects this proposal, rejects or withdraws the proceedings, the decision of the Ministry of the Interior to suspend the validity of the generally binding order of the municipality shall cease to be valid on the date on which the decision of the Constitutional Court becomes final.

(4) In the event of a settlement before a decision by the Constitutional Court on a proposal pursuant to paragraph 3, the municipality shall immediately inform the Constitutional Court and the Ministry of the Interior thereof. The Ministry of the Interior shall cancel its decision to suspend the validity of the generally binding municipal decree within 15 days of the receipt of the communication from the municipality of the settlement, which is annexed to the generally binding decree from the municipality of the settlement.

§ 124

(1) If the order, decision or other measure of the municipality's body is in breach of the law or other legislation and is not a general binding decree of the municipality, the Ministry of Interior shall invite the municipality to remedy it. If, within 60 days of receipt of the invitation, the competent authority of the municipality fails to remedy, the Ministry of the Interior shall suspend the execution of such a resolution, decision or other measure by the municipality's authority under its separate jurisdiction. The execution of the order, decision or other measure of the authority of the municipality under separate jurisdiction shall be suspended on the date of service of the decision of the Ministry of Interior to the municipality. At the same time, the Ministry of the Interior shall set a reasonable time limit for the municipality to remedy it. If the competent authority of the municipality provides for a remedy within the prescribed time limit, the Ministry of the Interior shall revoke its decision to suspend the enforcement of the order, decision or other measure of the municipality's body under separate jurisdiction without delay after receiving a communication from the municipality on the remedy, annexed to which the resolution, decision or other measure of the municipality's body under separate jurisdiction has been rectified.

(2) In the event of a clear and serious discrepancy between the resolution, decision or other measure of the municipality body under separate jurisdiction with the law, the Ministry of Interior may suspend the enforcement of such a resolution, decision or other measure of the municipality body under separate jurisdiction without prior call for redress. The exercise of such a resolution, decision or other measure by a municipality under separate jurisdiction shall be suspended on the date of service of the decision of the Ministry of Interior to the municipality. At the same time, the Ministry of the Interior shall set a reasonable time limit for the municipality to remedy it. If the competent authority of the municipality provides for a remedy within the prescribed time limit, the Ministry of the Interior shall revoke its decision to suspend the enforcement of the order, decision or other measure of the municipality's body under separate jurisdiction without delay after receiving a communication from the municipality on the remedy, annexed to which the resolution, decision or other measure of the municipality's body under separate jurisdiction has been rectified.

(3) If the competent authority of the municipality has not remedied within the prescribed time limit and the decision of the Ministry of Interior referred to in paragraphs 1 and 2 is not subject to decomposition, the Ministry of Interior shall, within 30 days of the expiry of the decomposition period, submit to the competent court an application for annulment of the order, decision or other measure of the municipality body under separate jurisdiction. If decomposition is brought against a decision of the Ministry of the Interior pursuant to paragraphs 1 and 2, the Ministry of the Interior shall, within 30 days of the date of the legal authority, submit a decision on decomposition to the competent court to which the decomposition has been refused. If the court rejects the application, rejects or withdraws the proceedings, the decision of the Ministry of the Interior to suspend the enforcement of the order, decision or other measure of the municipality's body under separate jurisdiction shall cease to be valid on the date on which the court's decision becomes final.

(4) If the competent authority of the municipality before the decision of the court on the application referred to in paragraph 3 provides a remedy, the municipality shall inform the court and the Ministry of the Interior without delay. The Ministry of the Interior shall withdraw its decision to suspend the enforcement of a resolution, decision or other measure of a municipality within a separate jurisdiction within 15 days of the receipt of the communication from the municipality on the settlement of the correction, annexed to which is the resolution, decision or other measure of the municipality body under a separate jurisdiction, which has been rectified.

(5) The Ministry of the Interior will not decide on the suspension of the execution of the order, decision or other measure of the municipality's body under separate jurisdiction if it has already been implemented; in that case, it shall only submit an application to the court for its annulment.

(6) The provisions of paragraphs 1 to 5 shall not apply to infringements of civil, commercial or labour law and where the supervision or control of the exercise of the separate competence of municipalities are governed by special legislation37).

Díl 2

Supervision of the issue and content of municipal regulations and resolutions, decisions and other measures of the authorities of the municipalities

§ 125

(1) If the municipality's order is contrary to a law or other law, the county authority shall call upon the municipality to remedy it. If the competent authority of the municipality fails to remedy it within 60 days of receipt of the call, the Regional Authority shall decide to suspend the application of this Regulation to the municipality. The effectiveness of the municipal order shall be suspended on the date of service of the decision of the Regional Authority to the municipality. At the same time, in the decision, the Regional Authority shall set a reasonable time limit for redress to the municipality. If the competent authority of the municipality provides for a remedy within the prescribed time limit, the Regional Authority shall revoke its decision to suspend the validity of the municipality's regulation without delay after receiving the communication from the municipality of the settlement, annexed to which is the order of the municipality to which the correction has been made.

(2) In the event of a clear violation of the order of the municipality with human rights and fundamental freedoms, the Regional Authority may suspend its effectiveness without prior call for redress. The effectiveness of the municipal order shall be suspended on the date of service of the decision of the Regional Authority to the municipality. At the same time, in the decision, the Regional Authority shall set a reasonable time limit for redress to the municipality. If the competent authority of the municipality provides for a remedy within the prescribed time limit, the Regional Authority shall revoke its decision to suspend the validity of the municipality's regulation without delay after receiving the communication from the municipality of the settlement, annexed to which is the order of the municipality to which the correction has been made.

(3) In the event that the competent authority of the municipality fails to remedy it within the prescribed time limit, the Director of the Regional Office shall, within 30 days of the expiry of the period for redress, submit to the Constitutional Court an application for annulment of the order of the municipality. If the Constitutional Court rejects the application, rejects or terminates the proceedings, the decision of the Regional Authority to suspend the application of the municipal order shall expire on the date on which the decision of the Constitutional Court becomes final.

(4) If the competent authority of the municipality before the decision of the Constitutional Court on the application referred to in paragraph 3 provides for a remedy, the municipality shall inform the Constitutional Court and the Regional Office without delay. The Regional Authority shall repeal the decision to suspend the application of the municipal order within 15 days of the receipt of the communication from the municipality of the settlement, which shall also be annexed to the order of the municipality to which the correction was made.

§ 126

(1) If the order, decision or other measure of a municipality is contrary to the law, other legislation and, within the limits thereof, also the government resolution, the Central Administrative Office Directive or the measure taken by the Regional Authority to check the exercise of the delegation, the Regional Authority shall invite the municipality to remedy it. If, within 60 days of the receipt of the call, the municipality has not remedied such a resolution, decision or other measure by the municipality, and the decision to revoke the order, decision or other measure by the municipality shall be notified by the municipality.

(2) In the event of a clear and serious infringement of a resolution, decision or other measure of a municipality delegated to the law, the Regional Authority may revoke such a resolution, decision or other measure of a municipality without prior call for redress.

Díl 3

Supervision of the issue and content of resolutions, decisions and other measures by urban authorities and urban areas of territorial subdivided statutory cities

§ 127

(1) If the order, decision or other measure of an authority of a city district or a part of a city is in separate jurisdiction in breach of law or other legislation, the magistrate shall suspend its execution. Enforcement of the order, decision or other measure shall be suspended on the date of service of the decision of the Municipality to the district or part of the city. At the same time, the Municipality shall, in the decision, fix a time limit for the town district or part of the town district to make a correction which shall not exceed 3 months. If the competent authority of the city district or part of the city district decides to remedy it within the prescribed time limit, the magistrate shall withdraw his decision without delay after receiving a communication from the city district or part of the territorial territory of the city of the statutory city on the settlement of the correction, annexed to which is the resolution, decision or other measure of the city district or part of the city body under separate jurisdiction to which the correction has been made.

(2) If, in the case referred to in paragraph 1, the competent authority of the city district or part thereof fails to remedy it within the prescribed time limit, the Municipality shall, within 60 days of the expiry of that period, submit an application for annulment of the order, decision or other measure of the city district or part of it under the separate jurisdiction of the court. If the court rejects the application, rejects it or withdraws the proceedings, the decision of the Municipality to suspend the enforcement of the order, decision or other measure of the city district authority or part of the city shall cease to apply on the date on which the decision of the court becomes final.

(3) If the competent authority of the city district or part of the city district before the decision of the court is taken, it shall immediately communicate that fact to the court and the municipality. The Municipality shall withdraw its decision to suspend the enforcement of a resolution, decision or other measure of a city or part of a city district body without delay after having received a communication from the town or part of the town or part of the town or part of the town or part of the town or part of the territory of which the resolution, decision or other measure of the city or part of the city body under separate jurisdiction has been brought to an end.

(4) The Magistrate shall not decide on the suspension of the enforcement of a resolution, decision or other measure of an authority of the city district or of a part of the city under separate jurisdiction if it has already been executed; in that case, it shall only submit an application to the court for its annulment.

(5) The provisions of paragraphs 1 to 4 shall not apply in the case of infringements of civil, commercial or labour law law and in the case where the supervision or control of the exercise of the separate competence of municipalities are governed by special legislation37).

§ 127a

If the order, decision or other measure of the city district authority or of the municipality in question is contrary to the law, other legislation, the government resolution, the Central Administrative Office Directive or the Magistrate measure taken to check the exercise of the delegation, the Magistrate shall revoke it. The Municipality shall inform the City District Office or the City District Office of the revocation of the order, decision or other measure of the City District Authority or of any delegated part.

Díl 4

Common provisions for supervision

§ 128

(1) The municipality shall immediately post on the official plate of the municipal office for at least 15 days

(a) a decision suspending the legislation of the municipality;

(b) the finding of the Constitutional Court repealing the legislation of the municipality or its individual provisions;

(c) a decision of the court which repeals the order, decision or other measure of the municipality body under separate jurisdiction;

(d) the decision to lift the suspension of the legislation of the municipality;

(e) the decision of the Constitutional Court on the basis of which the decision suspending the legislation of the municipality ceases to apply.

(2) The city district or the urban part of a territorial subdivided statutory city shall immediately hang on the official plate of the office of the city district or part of town for a period of at least 15 days of the judgment of the court which repeals the order, decision or other measure of the authority of the city district or district within a separate jurisdiction.

(3) The municipality shall, upon request, send the Ministry of the Interior without delay a resolution, decision or other measure of the authorities of the municipality under separate jurisdiction. The municipality shall, upon request, send a resolution, decision or other measure of the authorities of the municipality without delay to the Regional Authority.

(4) The city district or the urban part of a territorial subdivided statutory city shall, upon request, immediately send to the Municipality a resolution, decision or other measure of the authorities of the city district or part of town within its own jurisdiction. The city district or the urban part of a territorial subdivided statutory city shall, upon request, send the Municipality a resolution, decision or other measure of the authorities of the urban district or the urban part of the delegated jurisdiction without delay.

(5) The competence conferred on the Regional Office in Sections 125 and 126 and the competence conferred on the Municipality in Section 127a is delegated.

(6) The provisions of the Administrative Regulations shall not apply to decisions suspending the effectiveness of a municipality regulation and repealing a resolution, decision or other measure of a municipality authority, a city district or a part of a territorial subdivided statutory town in delegated jurisdiction, with the exception of those on the basic principles of administrative activity.

(7) The provisions of Parts 1 to 3 shall not apply to decisions and other acts of the authorities of the municipality, city district or urban part of a territorial division of the statutory city taken in accordance with the administrative rules or the Law on the Administration of Taxes and Fees.

37) Act No. 320 / 2001 Coll., on financial control in public administration and amending certain laws (Act on Financial Control), as amended. Act No. 420 / 2004 Coll., on the examination of the management of local and local authorities and voluntary associations of municipalities, as amended by Act No. 413 / 2005 Coll. '

39. in Part One, the following Title VII is inserted after Title VI:

„HLAVA VII

CONTROL OF PERFORMANCE AND TRANSFERRED SCOPE

§ 129

(1) The Ministry of the Interior controls the exercise of separate powers conferred on the authorities of the municipalities. The regional authorities in the delegation shall control the exercise of the delegation conferred on the authorities of the municipalities.

(2) The Magistrates of Territorial Territorial Statutory Cities under their delegation control the exercise of separate and devolved powers conferred on the urban districts and urban areas of Territorial Statutory Cities.

(3) For the purposes of this Act, the audit shall mean the activities of the public authorities referred to in paragraphs 1 and 2, which determine whether the authorities of municipalities, urban districts and urban areas of territorial subdivided statutory cities comply with:

(a) in the exercise of its separate competence, laws and other legislation;

(b) in the exercise of the delegated powers of laws, other laws and, within their limits, the resolutions of the Government, the Directives of Central Administrative Offices, as well as the measures taken by the competent public authorities to check the exercise of the delegated powers under this Act (Section 129b (3)).

(4) Control of the exercise of separate and delegated powers conferred on the authorities of municipalities, urban districts and urban areas of territorial subdivided statutory cities shall be carried out by authorised staff, which shall:

(a) an employee of the county in the regional office;

(b) an employee of a territorial division of a statutory city included in the municipality of a territorial division of a statutory city;

(c) an employee of the State in the Ministry of Interior

(the "control ').

§ 129a

Control of the performance of the separate competence

(1) The controller shall be entitled to:

(a) require the competent authority of the municipality to submit the supporting documents and to provide the complete information necessary for carrying out the inspection within the time limit laid down;

(b) to secure, where justified, the supporting documents submitted,

(c) enter the premises and other premises where the entry is related to the carrying out of the inspection;

(d) to the extent necessary, appropriate to the nature of the inspection, to use the technical and material equipment of the municipality where their use is necessary to ensure the control.

(2) In the context of carrying out an inspection, the municipality will provide all the synergies corresponding to the possibilities of the municipality and the scope of the control authorisations provided for by this law.

(3) The controller must:

(a) notify the mayor or, where appropriate, his authorised representative, of the commencement and termination of the check and submit a written mandate to the mayor, issued by a person authorised under the internal rules of the supervisory authority before the start of the check;

(b) carry out an inspection within the scope of the mandate;

(c) establish the actual state of affairs of the activities checked, compare them with the relevant legislation and demonstrate the findings of checks with the relevant evidence;

(d) confirm in writing the receipt of the supporting documents submitted, ensure the proper protection of the supporting documents and return them without delay, if the reasons for their detention have been omitted;

(e) obtain a written report on the results of the inspection and indicate the formalities laid down by this law;

(f) the content of the report on the control of the mayor and, where appropriate, his authorised representative;

(g) make recommendations in the control report to address any deficiencies identified, if requested by the mayor or his authorised representative;

(h) to transmit a copy of the inspection report to the mayor or, where appropriate, his authorised representative for signature;

(i) instruct the Mayor, or his authorised representative, of the possibility of objecting to the Protocol.

(4) The inspection report shall in particular specify:

(a) the designation of the inspection authority;

(b) the designation of the inspected authority of the municipality;

(c) the name and surname of the inspecting officer or, where appropriate, of the inspecting officer;

(d) the place and time of the inspection;

(e) the subject matter of the check and the period checked;

(f) any check findings, including an indication of the illegal procedure found;

(g) a recommendation on a possible solution to the identified deficiencies, if requested by the mayor or his authorised representative;

(h) the identification of all supporting documents on which the control findings are based;

(i) the signature of the inspector who carried out the check; in the event that the inspection has been carried out by several inspectors, the signatures of all inspectors who have participated in the inspection,

(j) the date on which the Protocol was drawn up and the date on which the Protocol on inspection was taken over by the Mayor or, where appropriate, his authorised representative.

(5) Where the mayor or, where appropriate, his authorised representative refuses to sign the inspection report, the check shall indicate this in the report.

(6) The Mayor, or his authorised representative, may object to the inspection report within 15 days of the date of receipt of the report. Opposition against the control protocol shall be decided by the controller. If the opposition has not been complied with, the mayor or, where appropriate, his authorised representative may, within 15 days of the date of service of the decision on the opposition, refer to the person responsible for the inspection (the manager). The Director shall decide on the appeal against the decision on objections within 30 days of receipt of the appeal. If there are grounds for doing so, the head of the opposition decision shall amend or revoke the decision, otherwise he shall reject the appeal and confirm the decision. If there is a need to investigate the case in the appeal proceedings against the decision on objections, the decision-makers shall withdraw the case and ensure that the case is completed. There shall be no further appeal against the decision of the manager. If the controller accepts the opposition to the Protocol or if the manager accepts the appeal to the decision on the Opposition, the annex to their written decision shall be an addendum to the Protocol correcting part of the Protocol on Control which has been successfully challenged by the opposition.

(7) The decisions referred to in paragraph 6 shall not be taken in accordance with the administrative rules, except for the provisions on the basic principles of administrative activity, service and content and formalities of the decision.

Citation	Act No. 234 / 2006 Coll., amending Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended, Act No. 129 / 2000 Coll., on Counties (regional establishment), as amended, Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended, Act No. 182 / 1993 Coll., on the Constitutional Court, as amended, Act No. 22 / 2004 Coll., on the Local Reference and on the Amendment of Certain Acts, and Act No. 312 / 2002 Coll., on the Officials of Territorial Authorities and on the Amendment to Certain Acts No. 46 / 2004 Coll.
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	31.05.2006
Effective from	01.07.2006
Effective until	-
Status	Valid

Act No. 234 / 2006 Coll.

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