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Nature Conservation 6/2010 — 28. 12. 2010 — Nature Conservation Legislation — Print article in pdf
The Constitutional Court of the Czech Republic Supported Measures Taken for Nature
The judgement of the Constitutional Court of the Czech Republic issued on July 8, 2010 on the proposal of invalidating Article 68, paragraphs 3 and 4 of Act No. 114/1992 Gazette on the Protection of Nature and the Landscape, as amended later, is commented by the author. In total, 25 Members of the Senate (the upper chamber of the Parliament of the Czech Republic) submitted the above proposal.
The judgement of the Constitutional Court of the Czech Republic issued on July 8, 2010 on the proposal of invalidating Article 68, paragraphs 3 and 4 of Act No. 114/1992 Gazette on the Protection of Nature and the Landscape, as amended later, is commented by the author. In total, 25 Members of the Senate (the upper chamber of the Parliament of the Czech Republic) submitted the above proposal. The provisions contested deal with the competence of a State Nature Conservancy authority to implement measures towards improving nature and the landscape to maintain species richness and a system of ecological stability in the landscape. Provided that measures described are not carried out by the land owner or tenant after having been called upon to do it by a State Nature Conservancy authority, the appropriate provisions of the act are implemented. The submitters considered the provisions as unlawful, because of absence of the individual administrative act, the above call is not factual and because they were worried that the implementation of the measures is almost an expropriation: therefore, in their opinion, the ownership right is respected only formally. The Constitutional Court issued the judgement that the proposal submitted is being rejected, since the current provisions are adequate to provide legal determinateness and to protect the ownership right.