ČPŽP 45 3/2017

Z JUDIKATURY ÚSTAVNÍHO SOUDU ČR

3/2017

RESPONSIBILITY FOR THE STATE OF ROAD VEGETATION IN THE TRANSIT SECTION OF THE ROAD (Commentary on case law of the Constitutional Court of the Czech Republic) Abstract The author discusses the issue of responsibility for the state of road vegetation in the transit section of the road. He analyzes the current decision of the Czech Constitutional Court dated 22 November 2016 (II. ÚS 2200/15), in which this court upheld the constitutional complaint of the City of Pelhřimov and annulled the judgment of the Supreme Administrative Court, violating the complainant‘s right to self-government guaranteed by Article 8 in conjunction with Article 101 paragraph4oftheConstitutionoftheCzechRepublic.TheSupremeAdministrative Court came to the conclusion that the regional authority had proceeded correctly when the complainant ordered the felling of trees threatening the road, because according to art. 35 par. 2 of the Act on Roads (Act No. 13/1997 Coll.), he was responsible for the care of the public greenery. The Constitutional Court did not agree with the opinion of the Supreme Administrative Court approving the procedure of the road administration in the present case. The state administration bodies (road administration) unlawfully, without express legal support, have defined and extended the activities of the municipality, but falling exclusively into its independent competence. As a result of the amendment to the Act on Roads (Act No. 268/2015 Coll.), which was adopted in response to the new legal regulation in the Civil Code, changes were made to the provision in question, which shows that road vegetation is a part and accessories of the motorway and road section. In the future, this legislation should no longer give rise to disputes over who owns the road vegetation and is primarily responsible for its care. Key words: responsibility, road vegetation, road administration, road section, municipality, Act on roads. ♠♠

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