The court upheld the complaint of the municipality of Lednice due to interference with self-governance

Brno - The Constitutional Court (ÚS) today defended the municipality of Lednice in the Břeclav region. The agreement between the ministries of local development and culture, which limited construction and also, for example, the installation of rooftop solar panels for the purposes of urban planning, constituted an infringement on the right to self-governance according to today's ruling. The Constitutional judges annulled the decision of the Supreme Administrative Court (NSS) and the Municipal Court in Prague, which must now decide again on Lednice's complaint. The town hall's statement is being sought by ČTK.

The municipality is part of the Lednice-Valtice Cultural Landscape protected by UNESCO. According to the agreement between the ministries from 2015, for instance, residential buildings are not to be built near one of the Lednice alleys, the area for the planned park-and-ride parking lot will be reduced, and photovoltaic panels will not be placed on the roofs in Lednice.

The Lednice town hall considered the actions of both ministries as an infringement on the right to self-governance. The ministries supposedly decided on the rights of the municipality without its participation. Therefore, the town hall filed a complaint with the Municipal Court in Prague and later also an appeal to the NSS, but was unsuccessful.

According to the annulled decision of the municipal court, the restrictions arising from the ministries' agreement were not unreasonable. Their aim was to protect heritage values and prevent irreversible interventions. The NSS also stated that the agreement represented a balanced compromise between public interests and the municipality's right to self-governance. The solutions proposed by the municipality supposedly would not guarantee the preservation of the heritage value of the Lednice-Valtice area.

According to the constitutional judges, however, a blanket ban on the placement of solar panels is a strong infringement on the right to the municipality's development and on the rights of property owners. The administrative court must also consider other objections raised by Lednice, such as regarding the park-and-ride parking lot.

"Whether the municipality will want to address the issue of parking with a surface park-and-ride parking lot or a significantly more expensive underground parking lot is primarily a matter for the democratically elected bodies of the municipality. Courts should exercise restraint regarding the principle of judicial self-restraint when evaluating these issues," the ruling states today.

Lednice is among the most visited tourist destinations in the Czech Republic. The main attraction is primarily the castle with its park, and there are also numerous other protected historical buildings in the vicinity. Tourists visit Lednice for wine or for spa services as well.