The Constitutional Court rejected the complaint against Besser's stance on the disputed demolition

Source
Jan Tomandl
Publisher
ČTK
06.01.2012 21:55
Czech Republic

Brno

Brno - The Constitutional Court (ÚS) rejected a complaint against the statement that former Minister of Culture Jiří Besser (STAN) issued, which allowed for the possible demolition of the building at the corner of Wenceslas Square and Opletalova Street in Prague. Besser faced criticism for his decision. The complaint was filed by an activist whose name the Constitutional Court did not disclose. Judge Vladimír Kůrka deemed the complaint inadmissible, among other reasons due to its late submission and other procedural issues, as revealed today by ČTK from the court's decision database.

    Opponents of the looming demolition have been protesting for several months, including some historians and architects who claim that the building is architecturally and urbanistically valuable. The case was also addressed by the Senate based on a petition signed by 14,500 people. Senators then recommended to the Ministry of Culture and the heritage department of the Prague City Hall last December to reconsider their role in decision-making regarding interventions in the heritage reserve.
    The constitutional complaint specifically targeted Besser's decision from May 23 of last year. At that time, Besser annulled a previous decision by his office that invalidated the City Hall's earlier statement on the permissibility of the demolition. This opened the way for the controversial project to proceed. Besser did not back down from his position even at the recommendation of the appeals committee. At the end of last year, Besser was dismissed for other reasons, and he was succeeded in office by deputy Alena Hanáková.
    The Constitutional Court could not intervene in the dispute at this time. The activist missed the deadline for submitting a constitutional complaint, and he is also not an so-called authorized person - thus, he was not legally able to file the complaint. Furthermore, according to Kůrka, the minister's decision is not a definitive step towards demolition, but just one of the supporting documents. A definitive decision must be made by the building authority. However, the Constitutional Court generally only deals with completed cases where there has already been some specific infringement of fundamental rights and where all other options for defense have been exhausted, which is not the case here.
    "The binding opinion to which the discussed constitutional complaint refers does not itself allow for the demolition of the relevant complex of buildings, but (...) it is necessary to obtain a construction removal permit according to the building law," states the resolution of the Constitutional Court.
    The builders want to demolish the corner building next to the Jalta Hotel, the courtyard part of the hotel, and the remains of the former Joint Stock Printing House, whose facade would be preserved. The council of the first municipal district had previously approved the proposed size and height of the planned eight-story new building as well as its commercial and administrative use. The planned costs amount to one billion crowns.
    The building that is to be completely demolished is, according to historians, a work of significant architects and has elements of neoclassicism combined with cubism, making it unique. Therefore, they argue, it should be preserved. However, the building is not protected as a monument.
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