Act No. 298 / 2008 Coll.
Act amending Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended, Act No. 129 / 2000 Coll., on Regions (regional establishment), as amended, and Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended
Valid
Law
Effective from 19.08.2008
Text versions:
19.08.2008
298
THE LAW
of 17 July 2008
amending Act No. 128 / 2000 Coll., on Municipality (Municipal Establishment), as amended, Act No. 129 / 2000 Coll., on Regions (Regional Establishment), as amended, and Act No. 131 / 2000 Coll., on the City of Prague, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Municipality Act
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. 186 / 2006 Coll., Act No. 189 / 2006 Coll., Act No. 234 / 2006 Coll., Act No. 245 / 2006 Coll.
1. Paragraph 75 (5) reads:
"(5) Where the current mayor or deputy mayor exercises his powers under Paragraph 107, he shall be remunerated monthly in full. '
2. In Paragraph 75 (6), the words "paragraph 2 'are deleted.
3. Paragraph 89 (3) reads as follows:
"(3) Until a new council of the municipality is elected, the procedure laid down in Sections 102a and 107 shall be followed. '
4. In the last sentence of Paragraph 90, the words "Sections 84 and 85 'are replaced by the words" Sections 84 (2) and 84 (85), with the exception of the adoption of budgetary measures and the establishment of the rules of the budget commission'.
5.
(1) The opening session of the newly elected council of the municipality shall be convened by the current mayor after the expiry of the period for the submission of the court's application for nullity of elections or nullity of votes, so as to take place within 15 days of the date of expiry of that period, and, if an application for nullity of elections or for nullity of votes has been submitted, within 15 days of the date of the court's decision on the last of the proposals submitted, unless any of the proposals submitted have been granted. As a general rule, the current mayor or the oldest member of the town council shall preside over the opening session until the mayor or deputy mayor is elected. The mayor, deputy mayor and other members of the council of the municipality shall be elected at the constituent meeting of the council of the municipality.
(2) If the opening session of the newly elected representative of the municipality was not held within the time limit referred to in paragraph 1, the Ministry of Interior shall convene them after the expiry of that period, unless the court has complied with an application for annulment of the elections or for annulment of the vote. The Ministry of the Interior shall publish the information on the assembly of the town council to the extent provided for in Paragraph 93 (1) for the period laid down in that provision on its official record. ';
(6) Paragraph 98, including footnotes 32 and 32a, reads:
(1) The Ministry of the Interior appoints the municipality administrator from among the employees of the State included in the Ministry of the Interior,
(a) if the municipal elections are not held in the municipality for lack of candidates for councils32),
(b) if the mandate of all members of the council of the municipality is no longer in place and the alternates do not take up vacant mandates; or
(c) if the municipalities are merged or a part of the municipality is separated.
(2) The municipality administrator shall ensure tasks in the area of separate competence pursuant to Articles 84 (2) (b), 102 (2) and (3), 103 (4) (b), (d), (e) and (i) and shall be entitled to lay down the rules of the budgetary commission (32a). The municipality administrator shall convene a constituent meeting of the municipal council pursuant to § 91 (1). The municipality manager represents the municipality externally and is head of the municipal office.
(3) The costs associated with the performance of the office of administrator of the municipality are borne by the Ministry of Interior.
(4) The activity of the municipality administrator ends on the date of the constituent meeting of the municipal council (§ 91) or by the election of the mayor. At the constituent meeting of the town council, the municipality administrator shall report on the performance of his or her duties and on the state of the municipality's management and assets.
32) Paragraph 23 (8) of Act No. 491 / 2001 Coll., on elections to the municipal councils and on the amendment of certain laws.
32a) § 13 (2) of Act No. 250 / 2000 Coll., on the budgetary rules of the territorial budgets. '.
footnote 32a shall be renumbered footnote 32b, including the footnote references.
7. The following Section 102a is inserted after Section 102, including footnote 32c:
(1) The Council of the Municipality shall exercise its powers under this law even after the end of the term of office of the Municipality Council until the election of the new Council of the Municipality or the election of the Mayor of the Municipality in the event that the Municipality Council is not elected (§ 99 (3)).
(2) If the court accepts an application for annulment of an election or a vote, the council of the municipality shall, from the date of the legal authority of the court to the date on which the opening meeting of the newly elected representative of the municipality takes place, in addition to the powers provided for in paragraph 1, be entitled to lay down the rules of the budget provision and to approve budgetary measures32c).
(3) If the council of the municipality has not been elected because the district electoral commission has not submitted a record of the course and outcome of the vote, the council of the municipality shall exercise the powers referred to in paragraph 2 from the day following the date on which the deadline of the district electoral commission for the submission of the record of the course and the outcome of the vote ended.
(4) In the municipalities in which the municipality council was not elected before the end of the term of office of the municipality council (§ 99 (3)), its powers are exercised by the current mayor in the period referred to in paragraph 1 (§ 107). The provisions of paragraphs 2 and 3 shall apply mutatis mutandis.
32c) Sections 13 (2) and 16 of Act No. 250 / 2000 Coll. '.
8.
In the period from the date of election to the council of the municipality until the election of the new mayor or deputy mayor, the mayor shall exercise the powers of the mayor pursuant to Article 103; the current Deputy Mayor shall also exercise his powers during that period. If the current mayor does not exercise his powers according to the first sentence, the current deputy mayor shall exercise them, and if there are more than one deputy mayor, the one who, before the election date, was appointed by the council of the municipality to represent the mayor, otherwise the one who was appointed by the current mayor. If, on the date of the elections, a member of the municipal council has exercised the powers of the mayor pursuant to § 103 (6), the sentences of the first and the second shall apply mutatis mutandis. ';
9. In Article 137, the following paragraph 1 is added at the beginning:
"(1) If the opening meeting of the City District Council or the City District Council is not convened within the time limit laid down in Paragraph 91 (1), it shall be convened by the Municipality in its delegation; it shall make public, within the limits laid down in Article 93 (1), information on the convening meeting of the town district or part of the town council for the period laid down in that provision on its official record. ';
The current text becomes paragraph 2.
Amendment of the Regional Act
Act No. 129 / 2000 Coll., on Counties (Regional Establishment), as amended by Act No. 273 / 2001 Coll., Act No. 320 / 2001 Coll., Act No. 450 / 2001 Coll., Act No. 231 / 2002 Coll., the Constitutional Court found under Act No. 404 / 2002 Coll., Act No. 229 / 2003 Coll., Act No. 216 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 189 / 2006 Coll., Act No. 234 / 2004 Coll., Act No. 261 / 2007 Coll., is amended as follows:
1. Paragraph 39 (1) reads:
"(1) The opening session of the newly elected representative shall be convened by the present President after the expiry of the period for the submission of an application by the Court of First Instance for the nullity of elections or for the nullity of votes, so as to take place within 15 days of the date of expiry of that deadline, and if an application for nullity of elections or for nullity of votes has been submitted, within 15 days of the date of the court's decision on the last of the proposals submitted, if none of the proposals submitted has been granted. ';
2. Paragraph 39 (3) reads:
"(3) If the opening session of the newly elected representative has not been held within the time limit referred to in paragraph 1, the Ministry shall convene them after the expiry of that period, unless the court has complied with an application for annulment of the elections or a vote. The Ministry shall, to the extent set out in the second sentence of Paragraph 42 (1), publish information on the convening meeting of the representative for the period laid down in that provision on its official record. ';
3. In the second sentence of Article 45 (1), the words "with the exception of the adoption of budgetary measures and the establishment of rules on budgetary provisions' shall be inserted after the words" Article 36 '.
4. In Paragraph 45 (2), the third to fifth sentences are replaced by "Paragraphs 60a and 64b shall apply mutatis mutandis."
5. Paragraph 50 (2) reads as follows:
"(2) Where the former Member State or the Deputy Member State exercises its powers under Paragraph 64b, it shall be remunerated monthly in full. ';
6. In Paragraph 50 (3), the words "paragraph 2 'are deleted.
7. After Paragraph 60, the following Section 60a is inserted:
(1) The Council shall exercise its powers under this Act even after the Council has completed its term of office until the new Council has been elected.
(2) If the court conforms to an application for annulment of elections or voting, the Council shall, from the date of the legal authority of the court until the date on which the opening meeting of the newly elected representative is held, in addition to the powers provided for in paragraph 1, be entitled to lay down the rules of the budget provision and to approve budgetary measures 19a).
19a) Articles 13 (2) and 16 of Act No. 250 / 2000 Coll., on the budgetary rules of the territorial budgets. '
8. § 64b reads:
In the period from the date of the elections to the council until the election of the new President or Deputy Deputy President, the President shall exercise the powers provided for in Paragraph 61; in that period the former Deputy President shall also exercise his powers. If the former Member does not exercise his powers under the first sentence, he shall exercise his powers under the former Deputy Member, and if there is more than one deputy Deputy Member before the date of the election, he who was appointed by the latter to represent the latter, otherwise he who was appointed by the latter. If, on the election date, a member of the Board has exercised the powers of the President, pursuant to Rule 64a, the first and second sentences shall apply mutatis mutandis. ';
Amendment to the Prague Capital Act
Act No. 131 / 2000 Coll., on the City of Prague, as amended by Act No. 145 / 2001 Coll., Act No. 273 / 2001 Coll., Act No. 320 / 2001 Coll., Act No. 450 / 2001 Coll., Act No. 311 / 2002 Coll., Act No. 312 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 22 / 2004 Coll., Act No. 216 / 2004 Coll., Act No. 66 / 2008 Coll., Act No. 109 / 2004 Coll., Act No. 186 / 2006 Coll., Act No. 189 / 2006 Coll., Act No. 501 / 2004 Coll., Act No. 626 / 2004 Coll.
1. In Article 55 (2), the words "or the Deputy Mayor of the City of Prague" shall be inserted after the words "the former Mayor of Prague" and the words "the election of the new Mayor of the City of Prague" shall be inserted after the words "the Deputy Mayor of the City of Prague."
2.
(1) The opening session of the newly elected representative of the capital city of Prague is convened by the current mayor of the capital city of Prague after the expiry of the deadline for the court's application for annulment of the elections or the nullity of the vote, so as to take place within 15 days of the date of expiry of that deadline, and if the motion for nullity or nullity of the vote has been made, within 15 days of the date of the court's decision on the last of the proposals made, unless any of the proposals submitted have been granted. The opening session is usually chaired by the current mayor of the capital city of Prague or the oldest member of the council of the capital city of Prague until the mayor of the capital city of Prague or the deputy mayor of the capital city of Prague is elected. The mayor of the capital city of Prague, the deputy mayor of the capital city of Prague and other members of the council of the capital city of Prague are elected at the constituent meeting of the council of the capital of Prague.
(2) If the opening session of the newly elected representative of the capital city of Prague was not held within the time limit referred to in paragraph 1, the Ministry shall convene them after the expiry of that period, unless the court has complied with an application for annulment of the elections or for annulment of the vote. The Ministry shall publish the information on the appointment of the constituent meeting of the Prague City Council to the extent set out in Section 60 (3) for the period laid down in this provision on its official record. '
3. Paragraph 69 (3) is deleted.
4. After Paragraph 69, the following Section 69a is inserted:
(1) The Council of the City of Prague shall exercise its powers under this law even after the end of the term of office of the City of Prague, until the election of the new Council of the City of Prague.
(2) If the court accepts an application for annulment of an election or a vote, the Council of the City of Prague shall, from the date of the legal authority of the court until the date on which the opening session of the newly elected representative of the capital of Prague is held, in addition to the powers laid down in paragraph 1, be entitled to lay down the rules of the budget commission and to approve budgetary measures 19b).
(3) In the absence of the election of the City Council of the City of Prague, since the District Electoral Commission has not submitted a record of the course and outcome of the vote, the City Council of Prague shall, from the day following the date on which the deadline of the District Electoral Commission for the submission of a record of the course and the outcome of the vote was completed, exercise the powers provided for in paragraph 2 of the opening meeting of the newly elected City Council of Prague.
19b) Articles 13 (2) and 16 of Act No. 250 / 2000 Coll., on the budgetary rules of the territorial budgets. '
5.
The current mayor of the capital city of Prague in the period from the day of the elections to the council of the capital city of Prague until the election of the new mayor of the capital city of Prague or the deputy mayor of the capital city of Prague shall exercise the powers of the mayor of the capital of Prague pursuant to § 72; in this period, the existing deputy mayor of the capital of Prague shall also exercise his powers. If the current mayor of the capital city of Prague does not exercise his powers according to the first sentence, the former deputy mayor of the capital city of Prague, and if more so is the existing Deputy Deputy Mayor of the capital city of Prague, the one who was appointed by the City of Prague before the day of the elections by the City of Prague to represent the mayor of the capital of Prague, or the one who was entrusted by the former mayor of the capital of Prague. "
6. in Paragraph 93 (1) (a), including footnote 22a:
"(a) shall not be held in the urban area of the declared election to the municipal council due to the lack of candidates for city councils22a),
22a) Paragraph 23 (8) of the Act No. 491 / 2001 Coll., on elections to municipal councils and on the amendment of certain laws. '
7. Paragraph 93 (2), including footnote 22b, reads:
"(2) The City Manager shall provide tasks in the area of separate competence under § 89 (1) (h), § 94 (2) and (3), § 97 to § 99. The City Manager shall lay down the budgetary conditional22b). The city manager represents the urban part on the outside and is head of the municipal office. The City Manager shall convene a meeting of the newly elected City Council.
22b) § 13 (2) of Act No. 250 / 2000 Coll. '.
EFFECTIVE
This Act shall take effect on the day of its publication.
Wolf
Klaus v. r.
v. Chunek v. r.
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Regulation Information
| Citation | Act No. 298 / 2008 Coll., amending Act No. 128 / 2000 Coll., on Municipality (Municipal Establishment), as amended, Act No. 129 / 2000 Coll., on Regions (Regional Establishment), as amended, and Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.08.2008 |
|---|---|
| Effective from | 19.08.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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