Act No. 35 / 2021 Coll.
Law on the Collection of Legislation of Territorial Autonomous Communities and certain Administrative Offices
Valid
Law
Effective from 01.01.2022
Text versions:
01.01.2022
03.02.2021
35
THE LAW
of 19 January 2021
on the Collection of Legislation of Territorial Authorities and certain Administrative Offices
Parliament has decided on this law of the Czech Republic:
Preliminary provisions
(1) A Collection of laws and regulations of local and local authorities and certain administrative offices (hereinafter referred to as the "Collection of laws") is hereby established as a public administration information system. In the Collection of Legislation:
(a) declare general binding regulations and regulations issued by local authorities (hereinafter referred to as "the law of the local authority") and legislation issued by administrative authorities, where other legislation so provides (hereinafter referred to as "administrative law"); and
(b) publish acts provided for by this Law which arise in the exercise of the powers of the territorial authorities or in the context of that exercise (hereinafter referred to as "the Act").
(2) The Ministry of the Interior is the Administrator of the Collection of Legislation (the "Administrator").
(3) The collection of legislation is publicly available free of charge and without limitation in a way that allows remote access.
(4) The title "Collection of legislation of local and local authorities" is permitted only for the Collection of Legislation under this Act.
Legal notice
(1) The legislation of the local authority and the law of the administrative authority are published in the Collection of Legislation.
(2) The publication of the legislation in the Collection of Legislation shall be carried out by the territorial body or administrative office which issued the legislation by sending its text in an open and machine-readable format and its metadata by means of an electronic form to the data box set up by the controller for that purpose. The administrator shall publish an electronic form on the public administration portal. Where it is not possible to publish the legislation or part thereof in machine-readable format, the legislation or part thereof shall only be published in an open format.
(3) Metadata include:
(a) the identification of the local authority or administrative authority which issued the legislation by indicating its name and identification number of the person, if assigned to it;
(b) the type of legislation;
(c) the number of the legislation provided for in Article 6;
(d) the name of the legislation;
(e) the date of issue of the legislation;
(f) the legal authorisation under which the legislation was issued;
(g) the adaptation area;
(h) effectiveness and, where appropriate, anticipated effectiveness of the legislation;
(i) an indication of the legislation which is being repealed or amended if it is to amend or repeal the legislation; and
(j) the date of publication of the legislation, if the legislation has been declared in accordance with the procedure laid down in paragraph 4.
(4) Where an obstacle to the publication of a law in the Collection of Laws is established, the administrator shall publish a notice of the existence of such an obstacle on his official record; If, during the duration of this obstacle, there is a need for immediate publication of the legislation of the local authority or the law of the administrative authority, the legislation shall be published on the official plate of the local authority or administrative office which issued the legislation.
(5) If there is no obstacle to the publication of legislation in the Collection of Legislation, the administrator shall publish a notice of that fact on his official record. The Authority or the Administrative Office which has issued the legislation in accordance with the procedure referred to in paragraph 4 shall publish, without delay after publication of the notice referred to in the first sentence, that legislation in the Collection of Legislation in accordance with the procedure referred to in paragraph 2; such publication shall not affect the validity and effectiveness of the legislation published in accordance with the procedure referred to in paragraph 4.
Information on the publication of legislation
(1) The administrator shall inform the local authority or administrative authority which issued the legislation of the publication of the legislation in the Collection of Legislation. The administrator shall indicate in the Collection of Legislation the date and time of the publication of the legislation.
(2) The Authority or the Administrative Office which has issued the legislation shall publish a notice of the publication of the law in the Collection of Legislation on its official record for at least 15 days from the date on which the publication by the administrator has been notified in accordance with paragraph 1. In the notification of a territorial unit or administrative office, the designation of the law, the date and time of publication of the law in the Collection of Legislation and the published metadata shall be indicated.
(3) The notice of the publication of the order of the municipality with extended scope shall also be published by the municipality in the administrative district of the municipality with extended scope on the official boards of the municipal authorities for at least 15 days; where the Regulation has been published in accordance with the procedure laid down in Article 2 (4), it shall publish the full text of this Regulation.
Validity and effectiveness of legislation
(1) The legislation of the local authority and the law of the administrative authority shall become applicable by virtue of Article 2.
(2) If no later rule is laid down, the legislation of the local authority and the administrative authority shall become effective at the beginning of the 15th day following its publication. Where an urgent general interest so requires, an earlier beginning of their effectiveness may exceptionally be established, but not earlier than the beginning of the day following their publication; where there is a reason for this to be a threat to life, health, property or the environment, it may be provided that the legislation takes effect by declaring it.
(3) Where the law of a local authority or of an administrative authority provides for the date of entry into force prior to its publication, the law shall become effective at the beginning of the 15th day following its publication.
Corrections to errors
(1) The complete and correct content of the legislation published in the Collection of Legislation and its metadata is the responsibility of the local authority or the administrative authority which issued the legislation. The controller shall be responsible for the accuracy of the metadata repair referred to in paragraph 2.
(2) Where a territorial unit or administrative office which has issued the legislation finds the difference between the text of the legislation published in the Collection of Laws and the text of this Regulation approved by the competent authority of the local authority or administrative authority, or an error in metadata, it shall correct it; It shall apply mutatis mutandis in accordance with Article 2 (2) and (3). In the event of manifest error, the metadata of the declared legislation may be corrected by the administrator. The original text of the corrected legislation or metadata remains in the Collection of Legislation. The administrator shall inform the administrative authority which issued the legislation of the correction made by the AIFM.
(3) If the territorial body or administrative authority which has issued the legislation finds that the legislation has been published in a non-open or machine-readable format in accordance with the procedure laid down in Article 2, it shall make a correction by publishing the legislation in an open and machine-readable format; It shall apply mutatis mutandis in accordance with Article 2 (2) and (3). Where the AIFM ascertains this, it shall invite the local authority or the administrative authority to make a correction in accordance with the first sentence.
(4) Where a territorial body or administrative authority which has issued a law finds that a non-legal document has been published in accordance with the procedure laid down in Article 2, the administrator shall request the removal of that document from the Collection of Legislation. If the administrator finds this, it shall be brought to the attention of the local authority or the administration.
(5) The correction provided for in paragraphs 2 and 3 shall not affect the publication of the legislation in the Collection of Legislation.
(6) Paragraphs 1 to 5 shall apply mutatis mutandis in order to correct the inconsistencies of the legislation which has been declared in accordance with the procedure laid down in Paragraph 2 (4).
Numbering of legislation
The legislation of the local authority and the legislation of the administrative authority shall be identified by Arabic numbers in a continuous series. A separate numerical series shall be maintained for the legislation of each local self-government unit and administrative office. The numerical series shall be closed at the end of each calendar year.
Inspection of the Legislative Collection
In official hours, the local self-governing body will allow free access to the Collection of Legislation in electronic form.
Publication of acts in the Collection of Legislation
(1) The Collection of Legislation shall be published in the Official Journal of the European Union.
(a) a decision by the Constitutional Court on an application for annulment of a law of a local authority or of an administrative authority or of its individual provisions;
(b) a decision by the Ministry of the Interior, the Regional Office or the Ministry or any other Central Administrative Office to suspend the legislation of the local self-governing body;
(c) the decision on the basis of decomposition against the decision of the Ministry of the Interior to suspend the legislation of the local authority;
(d) a decision by the Ministry of the Interior, the Regional Office or the Ministry or any other Central Administrative Office, to revoke the suspension of the legislation of the local self-governing body; and
(e) a communication from the Ministry of the Interior, the Regional Office or the Ministry or any other Central Administrative Office concerned on the expiry of their decision to suspend the legislation of the local authority.
(2) The Collection of Legislation shall further be published in the Official Journal of the European Union.
(a) communication of the county of the number of members of the county council to be elected 1),
(b) a decision on the state of danger under the Crisis Act (2);
(c) the contract under which, under the Nature and Landscape Conservation Act (3), the territory has been declared protected; and
(d) a regional council resolution on the declaration of a regional referendum or the fact that the regional referendum will not be declared if the proposed question cannot be raised by the regional referendum (4).
(3) Publication of acts shall be ensured by the AIFM. The authority which issued the published act shall immediately send its text in an open and machine-readable format by means of an electronic form to the data box set up by the controller for that purpose. The administrator shall publish an electronic form on the public administration portal.
(4) The full and correct content of the acts published in the Collection of Legislation is the responsibility of the person who sent them to the administrator.
(5) If the person who sent the act for publication finds the difference between the text of the act published in the Collection of Legislation and the actual content of the act, he shall correct it; it shall proceed mutatis mutandis in accordance with paragraph 3. The original text of the Act remains in the Collection of Legislation.
Transitional provisions
(1) Territorial authorities and administrative offices are required to publish in the Collection of Legislation, together with their metadata, the laws in force under this Act and issued by those authorities or authorities before the date of entry into force of this Act, no later than 3 years after the date of entry into force of this Act.
(2) Legislation issued before the date of entry into force of this Act shall not be subject to the obligation to publish legislation in the Collection of Legislation in an open and machine-readable format.
(3) The legislation referred to in paragraph 1, which has not been published in the Collection of Legislation referred to in paragraph 1, shall cease to be in force by the expiry of the period referred to in paragraph 1.
(4) The obligation to publish applicable and effective legislation in the Collection of Legislation shall not apply to legislation which has been issued by degraded administrations.
(5) General binding regulations defining the binding part of the territorial planning documentation of the local unit or zone, the municipal spatial plan or the regulatory plan, issued before the date of entry into force of this Act, which is considered to be of a general nature under the construction law, shall not be published in the Collection of Legislation.
(6) The acts referred to in Article 8 (2) which are in force at the date of entry into force of this Act shall be published in the Collection of Legislation within 3 years of the date of entry into force of this Act. Paragraph 8 (3) to (5) shall apply mutatis mutandis.
Efficacy
This Act shall take effect on 1 January 2022.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
1) Paragraph 31 (3) of Act No. 129 / 2000 Coll., on Counties (Regional Establishment), as amended.
2) § 3 of Act No. 240 / 2000 Coll., on Crisis Management and on the amendment of certain laws (Crisis Act), as amended.
3) Paragraph 39 of Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended.
4) Articles 13 (2) and 14 of Act No. 118 / 2010 Coll., on the Regional referendum and on the amendment of certain laws.
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Regulation Information
| Citation | Act No. 35 / 2021 Coll., on the Collection of Legislation of Local Government Entities and Certain Administrative Offices |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.02.2021 |
|---|---|
| Effective from | 01.01.2022 |
| Effective until | - |
| Status | Valid |
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