Mediafax (Mediafax)
Markets  |  October 31, 2012 19:25:06

The Supreme Administrative Court invalidated the referendum in Chvalovice in Znojmo

BRNO (MEDIAFAX) - The Supreme Administrative Court declare invalid a local referendum in Chvalovice in Znojmo. This took place in June this year and the villagers there voted to authorize or reject building wind farms in the village. Agency Mediafax about it on Wednesday informed the SAC spokesman Sylva Dostálová.

Chvalovičtí in June voted on the issue of wind power for their own backyard. Authorities formulated question "Do you agree that the council Chvalovice Municipalities and immediately banned in the village would not permit the construction of wind power plants and simultaneously canceled or been denouncing all concluded contracts with Viventy based in Brno?" Yes said the poll 107 people, not 63 people.

The referendum, however, held at the time was not prepared for any change in the zoning plan Chvalovice, however, already took effect change in the zoning plan, which the construction of wind farms in the village enabled. It was subsequently published and came into force the relevant decisions of the administrative authorities of the location of the construction of wind farms Viventy on the land in the Land Chvalovice.

In this situation, the Supreme Administrative Court concluded that part of the question and therefore a decision taken in a local referendum obliges the municipal Chvalovice to something that is not within his competence. Question permit or prevent the construction of wind power plants is under NSS falls within the jurisdiction of the planning authority, and not to the jurisdiction of the municipality Chvalovice."This part of the decision taken in the local referendum thus contradicts the law on local referendum, according to which in a local referendum decides on matters that belong to the jurisdiction of the municipality," stated the judge.

Due to the fact that the citizens of the community voted on the question referred collectively (either one word "yes" or a word, "no"), left by the Supreme Administrative Court Dostalova than pronounce the nullity of a decision taken in a local referendum.

"The local referendum is of considerable importance for the formation of political will within the community. Consequently, the demand certain reticence administrative courts in assessing the referendum questions that can not be evaluated formalistic," said the judge reporter James Camrda."Questions that clearly go beyond what is possible in a local referendum vote, on the other hand can not be interpreted as being changed meaning of the question, on which citizens of the municipality vote," he added. Decision adopted in a referendum on issues such Thus according to NSS can not succeed.

George Novacek,

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Nejvyšší správní soud zneplatnil referendum v Chvalovicích na Znojemsku

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