The novel that limited the participation of associations in proceedings remains in force without changes

Brno – The legal regulation that limited the participation of associations representing the public in certain administrative proceedings remains unchanged. The Constitutional Court (CC) dismissed a proposal to repeal the amendment submitted by a group of senators. The Constitutional judges have been dealing with the proposal for three and a half years, which was one of the oldest unresolved initiatives. The court published the outcome on its website.

According to the court, one can certainly imagine a number of other ways to prevent delays in certain administrative proceedings, some of which may be more appropriate and effective. Nevertheless, the current legal regulation cannot be deemed unconstitutional.

Environmental organizations particularly protested against the amendment in 2017. Before the amendment, the law on the protection of nature and the landscape stated that civic associations could participate in administrative proceedings where ecological interests could be affected. After the amendment, it expressly pertains only to "proceedings under this law," meaning the law on the protection of nature and the landscape.

Therefore, associations lost the opportunity to participate, for example, in certain proceedings under the building code, where environmental impacts are not assessed under another, special law (EIA). According to the senators, this usually concerns "medium-sized projects."

The senators pointed out that there are many alternative and effective legislative ways to limit participation in building proceedings, thus ensuring quick and efficient administrative procedures. They claimed it was certainly unnecessary to completely exclude associations. People from the vicinity of the construction, who do not own neighboring properties, have, according to the senators, lost the ability to influence the decision-making of the building office at least through associations.

The regulation of participation in territorial and building proceedings is, according to the finding of the reporting judge Radovan Suchánek, sufficiently comprehensive and guarantees the protection of property rights and other rights. Associations can also, according to the finding, turn to administrative courts if necessary. The CC was not unanimous in its decision. Seven out of 15 judges expressed a so-called dissenting opinion, believing that the court should have repealed the disputed part of the law.

The senators also unsuccessfully challenged three amended paragraphs of the building code. They limited the possibility of reviewing the legality of binding opinions issued for the purposes of proceedings under the building code. However, the disputed provisions lost their validity in the meantime due to another amendment, so the court thus halted proceedings in this regard.

Environmental advocates also criticize the new building code, the proposal of which was approved by the government last year. According to the executive, the new law is supposed to significantly speed up and simplify building proceedings. The norm, which is being discussed by the Chamber of Deputies, faces criticism not only for its content and possible impacts. According to the Association of Cities and Municipalities (SMO), it did not undergo the proper approval process, as it was not discussed with the mandatory commenting bodies, and is therefore in conflict with the legislative rules of the government.