Full text of Act No. 90 / 1993 Coll.
Act of the Czech National Council on the Capital City of Prague (full text as follows from later amendments and additions)
Valid
Contents
HLAVA PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 6a
HLAVA DRUHÁ
Oddíl první
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
Oddíl druhý
§ 13
§ 14
Oddíl třetí
§ 15
§ 16
§ 17
§ 18
§ 19
Oddíl čtvrtý
§ 20
HLAVA TŘETÍ
Oddíl první
§ 21
Oddíl druhý
§ 22
§ 23
Oddíl třetí
§ 24
§ 25
§ 26
Oddíl čtvrtý
§ 27
Oddíl pátý
§ 28
§ 29
§ 30
HLAVA ČTVRTÁ
Oddíl první
§ 31
§ 32
§ 33
§ 34
Oddíl druhý
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
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90
_
Announces
full version of the Act of the Czech National Council No. 418 / 1990 Coll., on the Capital City of Prague, with amendments and additions implemented by the Act of the Czech National Council No. 439 / 1991 Coll. and the Act of the Czech National Council No. 8 / 1993 Coll.
THE LAW
Czech National Council
of 9 October 1990
about the capital of Prague
The Czech National Council decided on this law:
BASIC PROVISIONS
The capital of the Czech Republic Praha1) is a municipality.
(1) The territory of the capital city of Prague is constituted by the cadastral territories listed in the Annex to this Act on the date of application of this Act.
(2) The territory of the capital city of Prague is divided into urban areas. Individual urban areas shall mean:
(a) the territories in which the local national committee was active on 23 November 1990;
(b) the territories in which the District National Committee was active on 23 November 1990, with the exception of the territories referred to in (a);
(c) the territory in which a new urban part has been established under this law.
(3) The territory of the urban area must fall within a single circumference. (2)
(1) The Government of the Czech Republic (hereinafter referred to as "the Government") decides on the merger of the neighbouring municipality with the City of Prague, following the submission of the relevant district office and the approval of the City Council of Prague (hereinafter referred to as "the council"). In this case, there is no need for a decision in a local referendum on the territory of the capital of Prague. The government's decision to merge arises from the municipality a new part of the capital of Prague.
(2) The separation of the city area, which is adjacent to another municipality, from the capital city of Prague is decided by the government on the basis of the result of the local referendum held in the territory of the separating city area after the expression of the council and the respective district office. A new gener.3)
(3) Other changes to the territory of the capital city of Prague are decided by the government after the expression of the town area concerned, the agreement of the council and the competent district office.
(1) It is possible to establish or abolish an urban area or to change the boundaries of the urban areas in the territory of the capital city of Prague by decision of the council, provided that, within 30 days of publication of this decision, no application for a local referendum on the matter is made. 3a) Where such a proposal is made, an urban part may be set up or cancelled, or the boundaries of urban parts may be changed only on the basis of a consensual decision of the local referendum held in the territory in which the establishment or abolition of the urban part or the change of the urban part boundaries is proposed.
(2) The decisions of the council on the establishment of the municipal area must include the name of the town. The Council's decision to establish or abolish an urban area or to change the boundaries of urban areas shall include the settlement of rights and obligations.
The municipality, its authorities, legal persons and establishments and, with its approval, other authorities and legal persons as well as natural persons may use the emblem and battalion of the city. If the town area does not have a historical emblem and battalion, it can be awarded to it by the Bureau of the Czech National Council after the council's statement.
(1) Citizens who are resident on the territory of the city and have reached the age of 18 are entitled to:
(a) to attend meetings of the City Council and to consult the minutes of its deliberations;
(b) submit written proposals to the urban authorities.
(2) Everyone has the right to petition the city authorities.
The Czech National Council may dissolve
a) the council, which did not meet for more than six months, on a proposal from the Minister of the Interior of the Czech Republic following the Government's observations,
(b) the district council or local council, which did not meet for more than six months, on the proposal of the mayor of the capital city of Prague after the Government's statement.
SCOPE OF THE MAIN CITY OF PRAN AND CITY PARTS
Separate scope
The capital of Prague and within the defined scope of the city district manage the affairs of the capital of Prague separately .4)
(1) The municipality is involved in the exercise of the separate competence of the capital of Prahy4 by:
(a) approve the programme for the development of its territory, take measures to implement it and carry out its control;
b) Expresses itself on the proposals for general binding decrees and other measures of the capital of Prague concerning the urban area;
(c) draws up its budget and accounts for the results of its management, 5)
(d) obliges legal persons to provide personal and material assistance in order to remedy the consequences of natural disasters or other emergencies, (6) if they do not exceed their territory;
(e) imposes tasks to the competent department of the Police of the Czech Republic in securing local public order matters on its territory; tasks can be stored only through the respective district headquarters of the Police of the Czech Republic.
(2) The urban area is further authorised to the extent provided
a) manage the entrusted property of the capital of Prague,
(b) establish permanent or temporary special-purpose vehicles;
(c) establish and establish or, where appropriate, disturb legal persons and establishments.
(3) The right to manage the entrusted property of the capital of Prague cannot be withdrawn by the city parts without compensation.
(4) The municipality may also participate in the exercise of the separate competence of the capital of Prague over the scope referred to in paragraphs 1 and 2 if the Statute of the capital of Prague (hereinafter referred to as the Statute) so provides.
To the extent provided for by this law, other generally binding legislation and the Statute, the municipality shall act on its behalf in legal relations and shall be responsible for those relations.
The municipality may set up and establish, or disrupt, legal persons and facilities necessary for its development and for meeting the needs of citizens living in its territory, in particular for the management and maintenance of home property, the maintenance and cleaning of local communications, the management of solid municipal waste, the maintenance of public green, health and social services, cultural activities, sport and recreation, primary schools, facilities serving them and pre-school facilities.
The city can award city awards for significant works of art, science and other works.
General binding regulations
(1) The City of Prague will discuss the proposal for a generally binding decree (7) with the urban parts concerned by the matter covered by the decree.
(2) The general binding decree of the capital city of Prague will also be posted on the official plate of the local and district offices of the urban areas concerned by the matters covered by the decree and must be accessible to each of these offices.
Transferred scope
(1) The City of Prague is in delegated capacity (8) to the extent provided for by specific laws and also to the state administration entrusted with specific laws to municipalities, entrusted to municipal authorities and to district authorities, unless otherwise provided for by those laws.
(2) Urban areas carry out8) state administration to the extent provided for by specific laws and by the Statute.
(3) The scope of the City of Prague on the area of planning can be exercised by an expert organisation established by the City of Prague. (a)
(1) The City of Prague carries out state administration under its delegation to the extent that, under the special laws, it is, on the date of application of this law,
(a) carried out the National Committee of the City of Prague and the professional organisation set up by it, 8a)
(b) conduct the national district committees as appeal bodies.
(2) The municipal part in which the District National Committee was established shall be exercised by the State Administration in its delegation to the extent that it was carried out by the Circular National Committee at first instance under the special provisions on the date of application of this Act.
(3) The urban part in which the local national committee was established shall be exercised under the delegation of state administration to the extent that it was carried out by the local national committee in accordance with the special rules on the date of application of this law.
Fines
If the legal person does not comply with the obligation to provide personal and material assistance for the removal of the consequences of a natural or other emergency [§ 8 (1) (d)] within the prescribed period, the city may impose a fine of up to CZK 100 000. If the capital of Prague has imposed such an obligation, 9) the capital of Prague may impose a fine up to CZK 200,000.
(1) Legal persons and entrepreneurs, 10) who do not maintain cleanliness and order on their land or other property, or otherwise disturb the appearance or environment in the urban area, may impose a fine of up to 50 000 CZK.
(2) Legal persons and entrepreneurs, 10) who pollute public spaces, disturb the environment in the urban area or put things away outside the reserved place, the city may impose a fine of up to 100 000 CZK.
(3) Where the conduct of a legal person and entrepreneur (10) referred to in paragraphs 1 and 2 affects several urban areas by its adverse consequences, the capital of Prague shall decide to impose a fine. In this case he can impose a fine up to CZK 200,000. The fine may not be imposed if it has already been imposed by the city.
Legal person and entrepreneurs, 10) who break the general binding decree of the capital city of Prague in business activities, the capital of Prague can impose a fine up to CZK 200,000.
Released
(1) The imposition of fines pursuant to paragraphs 15 and 16 shall be subject to a special law. 11)
(2) The city shall manage the proceeds of fines imposed by the urban area.
Statute of the City of Prague
(1) The City of Prague will adopt the Statute in which it provides
(a) the interaction between the authorities of the capital of Prague and the authorities of the urban areas;
(b) the extent of the property of the capital of Prague, which is entrusted to the urban areas,
(c) the conditions under which the town areas may be deprived of the right to manage the entrusted property of the capital of Prague;
(d) the method of allocating compensation for the costs incurred by the urban areas by carrying out delegated tasks.
(2) The Statute may:
(a) entrust urban areas with a share in the exercise of the separate powers of the capital of Prague over the scope laid down by this Act;
(b) provide that certain tasks of delegation belonging to the capital city of Prague under this law will be carried out by urban areas;
(c) stipulate that certain tasks of delegation belonging to this urban area law will be carried out by another urban area;
(d) identify the urban part which will carry out certain delegated tasks for another urban part.
(3) The adoption of the Statute or its changes will be discussed by the capital of Prague with the city parts.
(4) The Statute gives the Council a general binding decree.
THE LOCAL REFERENCE AND THE BODIES OF THE MAIN CITY OF THE PRAN AND THE CITY PARTS
Local referendum
The local referendum is governed by a special law.
Authorities of the capital city of Prague and urban areas
(1) The authorities of the capital city of Prague are the council, the council and the municipal council.
(2) Urban authorities are:
(a) the District Council, the District Council and the District Office in the urban areas in which the District National Committee was established on the date of application of this Act;
(b) the local council, local council and local authority in the urban areas in which the local national committee was established at the date of application of this law, and in the urban areas which arise after the date of entry into force of this law.
The municipal councill12) is performed by the council in Prague. The mayor and his deputy 13) in the capital of Prague is performed by the mayor and his deputy. The municipal office function 14) is performed by the Municipality of Prague.
Authorities of the capital city of Prague
Department
(1) The representative shall comprise between 70 and 80 members.
(2) In addition to the powers conferred on the municipal councils14a)
(a) elect from among its members the Mayor of the capital of Prague, its Deputy Deputy and other members of the Council of the Council of Councillors, and remove them from office;
(b) approve the Statute and its amendments (§ 20);
(c) decide to establish and abolish the urban area (§ 4);
d) Grants approval to merge the municipality with the City of Prague (§ 3 (1));
e) is expressed to separate the city area from the capital of Prague (§ 3 (2)),
f) Grants consent to other territorial changes to the capital of Prague (§ 3 (3));
(g) comments on the proposal for the award of the historical emblem and battalion of the urban area (§ 5).
Council of the Councils
The Council of the Council shall consist of the Mayor, Deputy Mayor and Councillors. The number of members of the council is 10 to 15.
Magistrate
(1) In matters of delegation, the Municipality shall be superior to the authorities of the urban areas and subject to the relevant central authority of the State.
(2) The appointment and removal of the Secretary of the Municipality requires the prior approval of the Minister of Interior of the Czech Republic.
Urban authorities
Within the scope of the jurisdiction conferred by this Act and, where applicable, by the Statute, the district councils and local councils, the district and local authorities, the mayors of the urban areas and their representatives shall be subject to the provisions of the municipal law as appropriate. 15)
Correction of incorrect measures
(1) If a general binding decree or other council measure is contrary to the law, the Government shall suspend its execution. If the Council fails to remedy the matter, the Government shall refer the matter to the Czech National Council within 30 days of the suspension.
(2) If the Council of the Council or its bodies contravenes the measure on matters of its own competence, the Government shall suspend its enforcement. Unless the Council of the Council of the Council of the Council of the Council of the Council of the Council of the Council of the Council of the Czech Republic or the Council of the Council of Ministers has reached a settlement, the Government shall refer the matter to the Czech National Council within 30 days of the suspension.
(3) Incorrect action by the council, the council of the council, its bodies or the magistrate in matters of delegation shall be lifted by the central competent authority of the state administration, unless the authority which issued it has remedied it.
(1) If the measure of the district or local council, the district or local council or their bodies, issued under separate jurisdiction, is contrary to the law, the Municipality shall suspend its performance. If the authority which issued them fails to remedy the case, the Magistrate shall refer the matter to the Council for decision within 30 days of the suspension.
(2) Incorrect action by the district or local council, the district or local council, their organs, the district or local authority on delegated matters shall be lifted by the Municipality, unless the authority which issued them is corrected.
Paragraphs 28 and 29 shall not apply to decisions given in administrative proceedings. 16)
PROVISIONS COMMON, TRANSITIONAL AND FINAL
Common provisions
General regulations on administrative management16) apply to decisions of the authorities of the capital of Prague and the urban areas
(a) in cases referred to in paragraphs 15, 16 and 17,
(b) the rights, rights and obligations of citizens and organisations on the delegation section, unless otherwise provided for by a special law.
(1) The head of the department responsible shall be notified of the facts suggesting the exclusion of a local or district office worker or magistrate from the hearing and decision-making. In urban areas where the local office department is not established, this notification shall be made to the mayor. The Secretary of the competent authority shall be notified of the facts suggesting the exclusion of the Head of Department of the Local or District Office or the Municipality. A member of the Commission or of a special body responsible for the exercise of delegated powers shall be notified to the competent board established by the Commission or the special authority.
(2) The prejudice shall be decided by the institution or, where appropriate, the worker to whom the facts suggesting exclusion shall be notified. This will also take the necessary measures to ensure further proceedings in case of exclusion decisions for bias.
The authorities of the capital city of Prague and the authorities of the urban areas of the city of Prague carry out the decisions they have given themselves, unless an application for judicial enforcement is made.
The Municipality and District and Local Authorities shall issue confirmations and produce reports for the needs of natural and legal persons only if a generally binding legislation so provides.
Transitional and final provisions
(1) Pending the election of the council of the council, district or local council, their tasks shall be carried out by the council of the National Committee of the City of Prague and the respective council of the district or local national committees.
(2) The Council of the National Committee responsible shall convene the meetings of the Council and of the District and Local Councils within 15 days of the announcement of the election results by the local election commission. 17)
The function of the founder of state-owned enterprises, which was carried out by the National Committee of the City of Prague at the date of application of this Act and by the district and local national committees in the territory of the capital of Prague and their power to establish, manage and abolish organisations and facilities, shall be transferred to the council and the respective district and local councils.
(1) The rights and obligations of the National Committee of the Capital City of Prague and of the Circumstantial and Local National Committees in the territory of the Capital City of Prague are transferred to the Capital City of Prague and the respective urban areas.
(2) On the date of the entry into force of this Act, the rights and obligations arising from the employment and other relationships of workers under the special rules
a) from the National Committee of the City of Prague to the Municipality Office,
(b) from the district national committees to the district offices of the urban areas where the seat of the respective district national committee was established;
(c) from the local national committees to the local authorities of the urban areas in which the seat of the relevant local national committee was situated.
The local competence of the public authorities as well as the other public authorities is governed by the division of the territory of the capital city of Prague into districts, 18) except as otherwise provided in the specific regulation.
Matters not carried out by the national committees in the territory of the capital of Prague on the effective date of this Act shall be dealt with by the authorities responsible under this Act.
Released
Unless this law expressly provides otherwise, the Municipality Act shall apply to the capital of Prague. 15)
Contents
HLAVA PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 6a
HLAVA DRUHÁ
Oddíl první
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
Oddíl druhý
§ 13
§ 14
Oddíl třetí
§ 15
§ 16
§ 17
§ 18
§ 19
Oddíl čtvrtý
§ 20
HLAVA TŘETÍ
Oddíl první
§ 21
Oddíl druhý
§ 22
§ 23
Oddíl třetí
§ 24
§ 25
§ 26
Oddíl čtvrtý
§ 27
Oddíl pátý
§ 28
§ 29
§ 30
HLAVA ČTVRTÁ
Oddíl první
§ 31
§ 32
§ 33
§ 34
Oddíl druhý
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
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Regulation Information
| Citation | Full text of Act No. 90 / 1993 Coll., Act of the Czech National Council on the Capital City of Prague (full text as shown by later amendments and additions) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.03.1993 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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