Act No. 418 / 2023 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, Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended, and other related laws
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Effective from 01.01.2024
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418
THE LAW
of 30 November 2023
amending Act No. 128 / 2000 Coll., on municipalities (municipal establishment), as amended, Act No. 129 / 2000 Coll., on counties (regional establishment), as amended, Act No. 131 / 2000 Coll., on the capital of Prague, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the municipal establishment
Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act.
1. In the second sentence of Paragraph 26, the words "the Ministry of Finance 'are deleted, comma after" and the cadastral' is replaced by "a 'and the words" and the Financial Office' are deleted.
2. In the second sentence of Paragraph 26a (4), the comma after the words "and the cadastral 'are replaced by" and' and the words' and the Czech Statistical Office 'are deleted.
3. In Paragraph 40, the words "the order by which the municipality's representative or the municipality's council has decided to acquire the case 'are replaced by the words" Information relating to the acquisition of a case by municipalities or by a voluntary association of municipalities (hereinafter referred to as "the association of municipalities') ', the words" the method' is replaced by the words "the method and the information relating to the creation of a right of use or other rights of the municipality or the association of municipalities in a tender of the most appropriate bid or similar manner ', and the words" if disclosure of the municipality or the association of municipalities in the acquisition of that case or in the formation of a right of use or of another right would be contrary to other interested parties' are added.
4. the title of Section 49 shall be deleted;
5. In Paragraph 49 (1), the word "voluntary 'and the words" (hereinafter referred to as "communal union') 'are deleted.
6. In the second sentence of Article 49 (4), the words "; the register of municipal bundles shall be a public register, which shall include a collection of documents in which the contract for the formation of the communal bundles together with the statutes and amendments thereto 'shall be replaced by the words" and the particulars of the member municipalities' bundles to the extent of the name of the municipality and its identification number of the person, including the date of origin and the expiry of their membership '.
7. In Paragraph 49 (4), the following sentence is inserted after the second sentence: "The register of municipalities is a public register; Part of it is a collection of documents in which a contract is deposited to create a union of municipalities together with the statutes and amendments to these documents. '
8. In Paragraph 49, the sentence "Proposals for amendments to the information entered in the register of municipalities shall be added at the end of paragraph 5, within one month of the date on which the amendment took place. '
9. The following Sections 53a to 53f are inserted after Section 53, including the title and footnote 59:
"Community of municipalities
(1) The Community of Communes is a union of municipalities which fulfils the conditions laid down in this Act.
(2) In addition to the activities of the association of municipalities referred to in Paragraph 50 (1), the activity of municipalities shall be to ensure coordination of public services in the territory of the member municipalities and the strategic development of that territory. To this end, the Municipality shall develop a strategy for the development of the Municipality. The strategy of developing the community of municipalities is approved by the Assembly of Mayors by a three-fifths majority of its members.
(3) The activities of the communal community may also be covered by the provision of activities under § 53e.
(4) If a special law so provides, the communal community may also carry out other activities.
(1) The status of the communes of municipalities may be acquired by a union of municipalities whose members:
(a) is at least 15 municipalities; or
(b) are at least three fifths of all municipalities from the administrative district of the municipality with extended scope, provided that less than 25 municipalities belong to that administrative district.
(2) Only municipalities located in the same administrative district of the municipality with extended scope may be members of the municipality.
(3) The municipality may be a member of only one community of municipalities.
(4) In the administrative district of the municipality with extended scope in which it is situated
(a) no more than 40 municipalities, one community of municipalities may be established,
(b) 41 to 60 municipalities, up to 2 municipalities may be established,
(c) 61 to 80 municipalities, up to 3 municipalities may be established; and
(d) more than 80 municipalities, up to four municipalities may be formed.
(1) The association of municipalities shall assume the status of communal communities on the date on which the decision of the Regional Office to grant the status of communal communities becomes final. The Regional Authority shall grant the association of municipalities the status of communes where the conditions laid down in Sections 53b and 53d are met. The register of the bundles of municipalities shall include an indication of the status of the bundles of municipalities as a community of municipalities, the date of acquisition of that position and the date of termination of that position. The status of community of municipalities may also take place at the same time as its formation.
(2) The application for the status of a municipality shall be submitted by the municipality or by the person referred to in the second sentence of Paragraph 49 (5), if the municipality is to acquire the municipality's status at the same time as its establishment. The application shall be accompanied by:
(a) an amendment to the existing statutes or to the new statutes stating that the association of municipalities is a community of municipalities and in which the authorities referred to in Article 53d are governed; and
(b) documents proving compliance with the conditions laid down in Article 53b.
(3) A copy of the decision of the Regional Office referred to in paragraph 1 shall be sent by the Regional Office to the Ministry of Interior.
(4) The name of the communal community shall include the designation "communal community 'which may be replaced by the abbreviation" s. o.'.
(5) An application for the status of communal communities pursuant to paragraph 2 and its annexes, the decisions referred to in paragraph 1 and the decisions referred to in Article 53f shall form part of the collection of the documents of the register of communes.
(1) The highest authority of the communal community is the assembly of mayors consisting of mayors of the member municipalities; the mayor of the municipality is represented by the vice-mayor of the municipality, or by the mayor appointed by the representative of the members of the council of the municipality. The Assembly of Mayors shall decide on all matters relating to the community of municipalities, unless the statutes entrust decisions to another institution of the community of municipalities. The Assembly of Mayors is reserved
(a) approve the strategy for the development of the community of municipalities;
(b) approve the Community budget, the medium-term outlook for the Community budget, the Community closing account and the accounts of the Community community drawn up on the balance sheet date;
(c) establish permanent and temporary funds for the community of municipalities;
(d) decide on the accession of another municipality to the communes of municipalities;
(e) decide to exclude the municipality from the municipalities,
(f) to decide on the abolition and demise of communes;
(g) to take decisions on matters laid down in a specific legislation.
(2) The President, who is the statutory body of the community of municipalities, is the head of the Assembly of Mayors. The Vice-President shall be represented by the Vice-President or, where appropriate, by several Vice-Presidents. The President and Vice-President shall be elected by the Assembly of Mayors from among its members. If several Vice-Presidents are elected, the Assembly of Mayors shall determine in what order they shall represent the President.
(1) The municipality may carry out administrative activities by means of a staff member of the community of the municipalities of which the municipality is a member, under the conditions laid down in the statutes of the communityof municipalities and under an agreement between the municipality and the municipality of the municipality.
(2) The municipality can only carry out the administrative activities of the municipality through the employee of the municipality's community in relation to the delegation carried out by all municipal authorities under the law. Through the staff of the municipality community, the municipality cannot ensure the exercise of the delegated powers under the electoral laws.
(3) An employee of the community of municipalities carrying out the administrative activities referred to in paragraph 1 shall have the status of an official of a local authority assigned to the municipal office. The Secretary of the Municipal Office shall, to the extent provided for in paragraph 1, have the right to determine and impose on the staff of the Community of Communes work, to organise, manage and control its work and to give binding instructions to that effect; the other rights and obligations of the employer shall be exercised against that employee of the community of municipalities. In doing so, the provisions of the Act on officials of local authorities shall apply mutatis mutandis to the staff and community of municipalities.
The Regional Authority shall decide to abolish the status of the communes on a proposal from the communes. If the Municipality does not fulfil one of the conditions laid down in § 53b (1) to (3) for a period of 6 months, it shall be obliged to submit a proposal to the Regional Office within 30 days of the expiry of that period for the abolition of the status of Municipality. If the communal community fails to comply with the obligation under the second sentence, the regional authority shall invite the communal community to fulfil the conditions laid down in Article 53b (1) to (3) within a period of at least 6 months, and if the correction is not dealt with within the prescribed period, it shall decide whether or not to revoke the status of the communal community. At the same time, the Regional Authority will decide to change the name of the municipal association in such a way that it does not contain the designation provided for in Section 53c (4). A copy of the decision shall be sent by the Regional Office to the Ministry of the Interior in accordance with the first or third sentences. The Regional Office shall record in the register of municipalities' bundles an indication of the cancellation of the status of the municipalities' communities and the change of the name of the municipalities' communities.
59) § 2 (3) of Act No. 312 / 2002 Coll. '.
10.
(1) If the authority of the municipality does not exercise the transferred competence to the basic extent or part thereof, the Regional Authority will decide that the transferred competence or part thereof will be exercised by the entrusted municipal authority to whose administrative district the municipality belongs. If the municipality is at the same time a municipality with the entrusted municipal authority, the regional authority shall decide that the transferred authority or part thereof shall be exercised by another entrusted municipal authority. At the same time, the Regional Authority shall decide on the transfer of the contribution to the exercise of the delegation or part thereof. The decision shall be given by the Regional Authority in its delegation. The decision shall not be taken in accordance with the administrative rules.
(2) The decision of the Regional Office referred to in paragraph 1 shall be published for at least 15 days at the official desc3b) at the municipal office of the municipality whose authority has not exercised the delegated powers referred to in paragraph 1 or part thereof. The decision of the Regional Authority referred to in paragraph 1 shall be published in the register of transfers of public authority agendas (58). ';
11. the following Section 65a is inserted after Section 65:
(1) If the entrusted municipal authority does not exercise a delegated authority within the scope of the entrusted municipal authority or part thereof, the Ministry of the Interior shall decide, after consultation with the relevant Ministry or other relevant central administrative authority, that the delegated authority or part thereof will be exercised by the municipal authority of the municipality with extended competence, in whose administrative district the municipality with the entrusted municipal authority belongs. If the municipality is also a municipality with extended scope, the Ministry of the Interior will decide that this transferred competence or part of it will be exercised by the municipal authority of another municipality with extended competence. At the same time, the Ministry of the Interior shall decide on the transfer of the contribution to the exercise of the delegation or part thereof. The decision shall not be taken in accordance with the administrative rules.
(2) The decision of the Ministry of Interior referred to in paragraph 1 shall be published on the official desc3b) of the entrusted municipal office which has not exercised the delegated powers referred to in paragraph 1 or part thereof and on the official boards of the municipal offices in its administrative district for at least 15 days. In addition, the decision referred to in paragraph 1 shall be published on the website of the two municipalities concerned. The decision of the Ministry of Interior referred to in paragraph 1 shall be published in the register of transfers of public authority agendas (58). ';
12. § 66b reads:
(1) If the municipal authority of a municipality with extended competence does not exercise the transferred competence of the municipal authority of the municipality with extended competence or part thereof, the Ministry of the Interior shall decide, after consultation with the Ministry or other competent central administrative authority, that the transferred competence or part thereof will be exercised by another municipal office of the municipality with extended competence. At the same time, the Ministry of the Interior shall decide on the transfer of the contribution to the exercise of the delegation or part thereof. The decision shall not be taken in accordance with the administrative rules.
(2) The decision of the Ministry of the Interior referred to in paragraph 1 shall be published on the official desce3b) of the municipal authority of the municipality with extended competence which it has not exercised under paragraph 1 or part thereof and on the official boards of the municipal authorities in its administrative district for at least 15 days. In addition, the decision referred to in paragraph 1 shall be published by the two municipalities concerned with extended scope on their websites. The decision of the Ministry of Interior referred to in paragraph 1 shall be published in the register of transfers of public authority agendas (58). ';
13. In Article 72 (1), at the end of the text of the first sentence, the words "at the amount referred to in Article 73 (1) 'shall be added.
14. In Article 72 (2), at the end of the first sentence, the words "up to the maximum amount referred to in Article 73 (2) 'shall be added.
15. in the first sentence of Article 72 (3), the words "authorities of the municipality" shall be replaced by the words "authorities."
16. In Paragraph 72, the following paragraph 6 is inserted after paragraph 5:
"(6) If a member of the council of the municipality is removed from office or renounced office and is elected to another post for which remuneration is due on the same day, he shall be entitled only to one of the higher remuneration. In the case of a summary of the remuneration referred to in Article 74 (3), the amount of the cumulative remuneration decided by the municipality's representative shall be determined for the assessment of the remuneration. ';
Paragraphs 6 to 8 shall be renumbered paragraphs 7 to 9.
17. in the first and second sentences of Paragraph 72 (9), "7" is replaced by "8."
18. Paragraph 73 (1) to (3) reads as follows:
"(1) The remuneration of the vacated member of the council of the municipality shall be determined as the product of the basis for calculating the remuneration and the coefficient set out in the Annex to this Act according to the function and size category of the municipality.
(2) The maximum remuneration of the unreleased member of the municipality's representative shall be determined as the product of the basis for calculating the remuneration and the coefficient set out in the Annex to this Act according to the function held and the size category of the municipality.
(3) The average gross monthly nominal wage shall be considered as the basis for calculating the remuneration in the relevant calendar year for the converted number of employees in the national economy for the first half of the preceding calendar year, according to the published data of the Czech Statistical Office known on 1 October of the previous calendar year. ';
19. in Paragraph 73, the following paragraph 4 is inserted after paragraph 3:
"(4) The amount of the remuneration base referred to in paragraph 3 shall be declared by the Ministry of the Interior by means of a communication in the Collection of Laws and International Treaties. '.
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
20. In Paragraph 73 (6) of the Introductory Part of the provision, the words "declared permanent residence in the municipality on 1 January of the calendar year as compared to the relevant population in accordance with paragraph 5 'shall be inserted after the words" resident in the municipality' and the word "following 'shall be replaced by the word" this'.
21. In Paragraph 74 (1), first and second sentences, the words "and implementing legislation" shall be deleted.
22. in Article 75 (3) to (5), the words "to the member of the council of the municipality," shall be replaced by the words "The person who."
23. In the first sentence of Article 75 (3), the words "during the exercise of those powers' shall be inserted after the words" until the election of the new mayor or deputy mayor '; the words "for the performance of this function and other related claims relating to the performance of this function' shall be replaced by the words" for the performance of this function '.
24. In Article 75 (3), the second sentence is replaced by the sentence "The person who continues to exercise the powers of a member of the council of the municipality under Article 102a shall, for the duration of the exercise of those powers, be entitled to the current remuneration for the performance of this function and other related claims relating to the performance of that function. '.
25. in Article 75 (4), the words "the representative of the municipality" shall be inserted after the word "the period" and the words "the chair or member of the special authority of the municipality or the commission of the council of the municipality" shall be replaced by the words "this function and other related claims relating to the performance of this function."
26. In Article 75 (5), the words "the President or 'shall be inserted after the words" the period'; the words "the council of the municipality 'shall be inserted after the words" the function'; the words "and other related claims relating to the performance of this function 'shall be inserted after the words" the term';
27. In Article 75, the following paragraph 6 is added:
"(6) If, on one day, a member of the council of the municipality is responsible for the remuneration referred to in paragraphs 3, 4 or 5 and at the same time the remuneration referred to in Article 72 (1) or (2), he shall be entitled only to one of the higher remuneration. In the case of a summary of the remuneration referred to in Article 74 (3), the amount of the cumulative remuneration decided by the municipality's representative shall be determined for the assessment of the remuneration. ';
28. in Article 76 (2) and (3):
"(2) The cumulative amount of the extraordinary remuneration granted in a calendar year to a member of the council of the municipality who has been a member of the council of the municipality for at least part of that year, shall not exceed twice the maximum remuneration due to him during that calendar year for the performance of his duties in the month.
(3) The cumulative amount of exceptional remuneration granted to the non-released member of the municipality's representative in the calendar year shall not exceed twice the maximum amount of remuneration of the non-released member of the municipality's representative who may have been granted by the municipality during that calendar year for the performance of the duties it has performed or in total for the performance of the duties it has performed for the month. '
29. Paragraph 76 (4) is deleted.
Paragraph 5 shall become paragraph 4.
30. In the second sentence of Article 77 (1) and in the second sentence of Article 77 (2), "6 'is replaced by" 7'.
31. In Paragraph 77, at the end of paragraph 4, the words "for which the remuneration is due 'shall be added.
32. In Paragraph 78 (2), the word "paragraph 'is replaced by the words" Paragraph 77 and the declaration of honour made pursuant to paragraph'.
33. In Paragraph 78, the following sentence is added at the end of paragraph 2: "If within 3 months there has been no impediment to the right to severance pursuant to Paragraph 77 (3) and (4), the severance payment shall be paid. A member of the council of a municipality to whom a severance pension has been paid in accordance with the first sentence shall be obliged to refund the severance pension paid if, subsequently, there have been obstacles to entitlement to severance payments in accordance with § 77 (3) and (4). ';
34. in Paragraph 80 (1) (e), the words "if it is a member of the municipal council who has been released," shall be deleted.
35. in Paragraph 81a (6):
"(6) If the vacant member of the council of the municipality has not exhausted the proportion of the leave referred to in paragraph 2 for the calendar year in which the vacancy for the performance of the duties was terminated, the municipality shall compensate him for the unused leave. Unspent leave from the previous calendar year shall not be replaced or transferred. ';
36. in Paragraph 81a, paragraph 7 is deleted;
Paragraphs 8 to 10 shall be renumbered paragraphs 7 to 9.
37. in Article 81a (7), "paragraphs 6 and 7" shall be replaced by "paragraphs 6."
38. in Paragraph 84 (2) (b), the words "the medium-term outlook of the municipality's budget" shall be inserted after the words "approve."
39. in Paragraph 84 (2) (e), the words "including their amendments," shall be inserted after the words "the statutes."
40. in Article 84 (2) (o), the words "Section 76, o" shall be replaced by the words "Section 76 and o" and the words "and the granting of compensation for unused leave to members of the municipality's representative pursuant to Section 81a (6)" shall be deleted;
41. In § 85 (b), (f), (g) and (i), the amount "20 000 CZK" is replaced by "100 000 CZK."
42. In § 85 (c), the amount "50 000 CZK" is replaced by "250 000 CZK."
43. In Paragraph 85, the words "unless there is a repayable financial assistance to, and in connection with, the beneficiary organisations established by the municipality or the grant or repayable financial assistance provided during the life of the crisis state 43 'are added at the end of the text in point (c).
44. In Paragraph 89, at the end of paragraph 1, the sentence "The period for which emergency status 43 applies in the territory of the municipality shall not count until the first sentence has been completed), emergency measures in the event of an epidemic or the risk of an outbreak or exceptional veterinary measures."
45. In the second sentence of Article 90, the words "Article 84 (2) (k), (m) to (p), (u) and (v) and with the exception 'are inserted after the words" the exception'.
46. In the third sentence of Paragraph 92 (3), "15 'is replaced by" 21'.
47. In Paragraph 92, the following paragraph 4 is added:
"(4) Within the time limits laid down in paragraphs 1 and 3, the period during which emergency status 43 applies in the territory of the municipality shall not be counted), emergency measures in the event of an epidemic or the risk of its occurrence or exceptional veterinary measures. ';
48. The following Section 92a is inserted after Section 92:
(1) If the rules of procedure of the municipal council so provide in advance, a member of the municipal council may also attend the meetings of the municipal council in a distance manner using the technical equipment for the transmission of images and sound, provided that it allows the application of the legal rights attached to the participation in the proceedings. The rules of procedure shall lay down the rules governing participation in the meetings of the municipality's council in a distance manner. A member of the council of the municipality shall always be entitled to attend the meetings of the council of the municipality in person in the place where the meeting of the council of the municipality takes place.
(2) The provisions of paragraph 1 shall apply mutatis mutandis to public participation in the deliberations of the council of the municipality.
(3) The municipality shall inform the municipality of the possibility of participating in the meetings of the municipality in a distance manner and of the conditions under which such participation is possible in accordance with Article 93 (1) or (2). '
49. Paragraph 93 (2), including footnote 60, reads:
"(2) If an emergency management meeting is necessary under the Integrated Rescue System Act (60), to prevent or eliminate its consequences, or if an emergency situation is covered in the municipality's territory (43), emergency measures in the event of an epidemic or danger of an emergency, or exceptional veterinary measures, information on the location, time and proposed programme of the planned meeting of the municipality's representative referred to in paragraph 1 shall be published on the official board of the municipal office for at least 2 days before the meeting of the municipality's representative. Issues which do not concern the resolution of the situations referred to in the first sentence may be discussed at that meeting only if the information has been published at least 7 days before the meeting of the council of the municipality.
60) § 2 (b) of Act No. 239 / 2000 Coll., on the Integrated Rescue System and on the amendment of certain laws, as amended. '
50. In Paragraph 95 (2), first sentence, "10 'is replaced by" 15'.
51. In Article 100 (1), the words "until the addition of the council of the municipality to at least 5 members' shall be inserted after the word" moment 'and the words "except for the publication of orders from the municipality' shall be inserted after the number" 3 '.
52. In Article 100 (2), the second sentence is replaced by "Paragraph 102 (4) shall apply mutatis mutandis."
53. In Paragraph 101, the following paragraph 3 is inserted after paragraph 2:
"(3) If the rules of procedure of the council of the municipality so provide in advance, a member of the council of the municipality or another authorised person may also attend the meeting of the council of the municipality in a distance manner using the technical equipment for the transmission of images and sound, provided that it allows the application of the legal rights attached to the meeting. The Rules of Procedure shall lay down the rules governing participation in the meeting of the council of the municipality in a distance manner. A member of the council of the municipality shall always be entitled to attend the meeting of the council of the municipality in person at the place where the meeting of the council of the municipality takes place. '
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
54. In the third sentence of Paragraph 101 (4), "7 'is replaced by" 15'.
55. in Paragraph 102 (2), the words "without this proposal, the appointment or removal of the head of the municipal department shall be void" shall be added at the end of the text in point (g).
56. In Article 102a (1), the words "Mayor of the municipality 'are replaced by the words" Mayor or Deputy Mayor'.
57. In Paragraph 102a, the following sentence is added at the end of paragraph 1: "The election of a new council of the municipality under the first sentence shall be deemed to be at least half of the number of members of the council of the municipality to be elected under Paragraph 84 (2) (m) if the election of the mayor or deputy mayor has been made; Paragraph 100 (1) shall not apply. ';
58. In Paragraph 102a (4), at the end of the text of the first sentence, the words "within the scope of Paragraph 102 (4) 'shall be added.
59. The following Section 103a is inserted after Section 103:
Where this is necessary in the context of emergency management under the Integrated Rescue System Act (60), to prevent or eliminate its consequences, or where emergency status 43 applies in the territory of the municipality), emergency measures in the event of an epidemic or danger of an outbreak or exceptional veterinary measures, the Mayor may take decisions on matters referred to in Article 102 (3), instead of the council of the municipality or, where appropriate, the council of the municipality, provided that he has reserved prior decision-making on those matters. This is without prejudice to the prior conferral of powers by the council of the municipality pursuant to § 102 (3). '
60. In the last sentence of Article 104 (1), the words "(Article 72 (6) and Article 81a (1)) 'are deleted.
61. In the first sentence of Article 107, the words "and if the municipality in which the council of the municipality is elected shall be inserted after the word" deputy mayor "until the election of the new council of the municipality pursuant to Article 102a, '.
62. In the second sentence of Article 123 (1) and in the second sentence of Article 124 (1), the words "or the Ministry of the Interior shall be inserted after the word" calls'.
63. In the last sentence of Paragraph 123 (1), in the last sentence of Paragraph 123 (2), and in the last sentence of Paragraph 123 (4), the words "annexed to the generally binding decree of the municipality to be corrected 'are deleted.
64. In the second sentence of Article 125 (1) and in the second sentence of Article 126 (1), the words "or the Regional Authority shall be informed that it will not take action 'shall be inserted after the words" calls'.
65. In § 125 (1) last sentence, § 125 (2) last sentence and in § 125 (4) last sentence, the words "annexed to the order of the municipality to which the correction was made" shall be deleted.
66.
Control of the performance of the separate competence
(1) The municipality is obliged to ensure that the deficiencies identified by the control of the exercise of its separate competence are rectified.
(2) If the municipality asks for a recommendation of measures to remedy deficiencies identified by the inspection, it shall indicate those recommendations in the control report.
(3) The Mayor and, where appropriate, his authorised representative will inform the town council of the Protocol on the inspection at its next meeting after the completion of the inspection. In the event that an illegal practice of the municipality has been found to have been checked, the municipality shall take measures to remedy the deficiencies identified and to avoid any recurrence of the deficiencies detected.
(4) Information on the corrective measures taken shall be posted by the municipality on the official plate of the municipal office for at least 15 days.
(5) The municipality shall inform the Ministry of the Interior of the fulfilment of the obligations set out in paragraphs 1, 3 and 4.
(6) The procedure provided for in paragraphs 1 to 4 shall apply mutatis mutandis to the control of the exercise of the separate competence of the urban district or the urban part of a territorial subdivided statutory city. The city district or the urban part of a territorial subdivided statutory city shall inform the municipality of the fulfilment of the obligations laid down in paragraphs 1, 3 and 4 of the territorial subdivided statutory city. ';
67. Paragraph 134 (4) is deleted.
68. In Paragraph 153, the designation of paragraph 2 is deleted.
69. The Annex to the Act reads:
"Attachment to Act No. 128 / 2000 Coll.
Coefficient for determining the remuneration of members of the municipal councils
| Číslo řádku - velikostní kategorie obce (městské části nebo obvodu) | Počet obyvatel s trvalým pobytem na území obce (městské části nebo obvodu) | Uvolnění členové zastupitelstva | Neuvolnění členové zastupitelstva | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| starosta, primátor | místostarosta, náměstek primátora | člen rady (neuvedený ve sl. 1 a 2) | předseda výboru zastupitelstva, komise rady, zvl. orgánu, ostatní uvolnění | starosta, primátor | místostarosta, náměstek primátora | člen rady (neuvedený ve sl. 5 a 6) | předseda výboru zastupitelstva, komise rady, zvláštního orgánu | člen výboru zastupitelstva, komise rady, zvláštního orgánu | člen zastupitelstva bez dalších funkcí | |||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |||
| 1 | obec (městská část nebo obvod) | do 300 | 1,211 | 1,065 | 0,944 | 0,823 | 0,726 | 0,654 | 0,145 | 0,073 | 0,061 | 0,036 |
| 2 | 301 - 600 | 1,360 | 1,197 | 1,061 | 0,925 | 0,816 | 0,734 | 0,163 | 0,082 | 0,068 | 0,041 | |
| 3 | 601 - 1 000 | 1,573 | 1,384 | 1,227 | 1,070 | 0,944 | 0,849 | 0,491 | 0,094 | 0,078 | 0,047 | |
| 4 | 1 001 - 3 000 | 1,751 | 1,541 | 1,365 | 1,190 | 1,051 | 0,945 | 0,546 | 0,105 | 0,088 | 0,053 | |
| 5 | 3 001 - 5 000 | 1,868 | 1,644 | 1,457 | 1,270 | 1,121 | 1,009 | 0,224 | 0,112 | 0,093 | 0,056 | |
| 6 | 5 001 - 10 000 | 2,040 | 1,795 | 1,591 | 1,387 | 1,224 | 1,102 | 0,245 | 0,122 | 0,102 | 0,061 | |
| 7 | 10 001 - 20 000 | 2,211 | 1,946 | 1,724 | 1,503 | 1,326 | 1,194 | 0,265 | 0,133 | 0,111 | 0,066 | |
| 8 | 20 001 - 50 000 | 2,413 | 2,123 | 1,882 | 1,641 | 1,448 | 1,303 | 0,290 | 0,145 | 0,121 | 0,072 | |
| 9 | 50 001 - 100 000 a územně nečleněná statutární města | 2,621 | 2,307 | 2,045 | 1,782 | 1,573 | 1,415 | 0,315 | 0,157 | 0,131 | 0,079 | |
| 10 | 100 001 - 200 000 a územně členěná statutární města | 2,845 | 2,504 | 2,219 | 1,935 | 1,707 | 1,536 | 0,341 | 0,171 | 0,142 | 0,085 | |
| 11 | nad 200 000 | 3,451 | 3,037 | 2,691 | 2,346 | 2,070 | 1,863 | 0,414 | 0,207 | 0,173 | 0,104 | |
Transitional provisions
1. The voluntary association of municipalities shall, within 2 years of the date of entry into force of this Act, submit to the Regional Office a proposal for the registration of municipalities which are members of the voluntary association of municipalities at the date of submission of the proposal, together with an indication of the date of membership.
2. The basis for calculating the remuneration in 2024 will be announced by the Czech Statistical Office on the average gross monthly nominal wage for the converted number of employees in the national economy reached for the first half of 2023, known on 1 October 2023, by the Ministry of the Interior by a communication in the Collection of Laws within 30 days of the date of publication of this Act, whichever is later.
Change of regional establishment
Act No. 129 / 2000 Coll., on the 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., Act No. 118 / 2010 Coll., Act No. 404 / 2002 Coll., Act No. 626 / 2004 Coll., Act No. 413 / 2008 Coll., Act No. 281 / 2004 Coll., Act No. 234 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 501 / 2004 Coll., Act No. 298 / 2008 Coll., Act No. 413 / 2008 Coll., Act No. 186 / 2006 Coll., Act No. 234 / 2006 Coll., Act No. 36 / 2021 Coll., Act No. 251 / 2021 Coll., Act No. 261 / 2021 Coll., Act No. 330 / 2021 Coll. and the Constitutional Court's finding, published under No. 160 / 2023 Coll., is amended as follows:
1. In Article 19, the words "the order by which the representative or council has decided to acquire the case 'are replaced by the words" the information relating to the acquisition of the case by the county', the word "the way 'is replaced by the words" the method and the information relating to the creation of the use or other right of the county in a tender for the most appropriate tender or other similar method', and the words "the disclosure of the case by the county in the acquisition of the case, or the creation of a right of use or other right to disadvantage against other interested parties' are added at the end of the text.
2. In Paragraph 35 (2) (h), the word "budget 'is replaced by the words" medium-term outlook for regional budget, budget'.
3. In Article 35 (2) (j), the words "including their amendments' shall be inserted after the words" the statutes'.
4. In Article 35 (2) (q), the words "Paragraph 51, o 'are replaced by the words" Paragraph 51 and o', and the words "and the granting of compensation for unused leave to the members of the council in accordance with § 56a (6) 'are deleted.
5. In Paragraph 36, the designation of paragraph 1 is deleted.
6. In Paragraph 36 (b), the amount "100 000 CZK 'is replaced by" 500 000 CZK'.
7. In § 36 (c), (e), (f) and (h), the amount "CZK 200,000" is replaced by "CZK 1,000."
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Regulation Information
| Citation | Act No. 418 / 2023 Coll., amending Act No. 128 / 2000 Coll., on Municipality (Municipal Establishment), as amended, Act No. 129 / 2000 Coll., on Regions (Regional Establishment), as amended, Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2023 |
|---|---|
| Effective from | 01.01.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 499
Public Contracts 1
Smlouva č. 5240200099 o poskytnutí podpory ze Státního fondu životního prostředí České republiky v r
Státní fond životního prostředí ČR
Městská část Praha 5
18 672 393 CZK
04.11.2025
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
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