Good governance
This section details initiatives to make government a competitive advantage. It includes analysis and reports of government initiatives, as well as data on accountability and performance measures.
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Spotlight issue
Are environmental groups in the Czech Republic finally excluded from participation in zoning and building permitting proceedings once and for all?
Effective as of 1 January 2018, an amendment to the Nature and Landscape Conservation Act of 2017 barred environmental groups from participation in zoning and building permitting procedures. After almost four years, the Constitutional Court has now upheld this law as being constitutional. The decision by the Constitutional Court thus confirms that environmental groups cannot invoke the Nature and Landscape Conservation Act to demand participant status in zoning and building permitting procedures, though the Constitutional Court does note that groups are not affected in their right to subsequently challenge a zoning decision or building permit, once issued, before the administrative courts.
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Tax Package at the Constitutional Court of the Czech Republic
As we have informed you in our previous articles, during the approval process of the Tax Package for 2021 (amendment of the Income Taxes Act as of 1. 1. 2021), doubts arose as to whether the legislative process took place in a constitutionally prescribed manner. Now, a group of senators asked the Constitutional Court of the Czech Republic to review the constitutionality of the Act’s approval process and proposed it be abolished. According to the Constitution of the Czech Republic, the Constitutional Court can decide on the abolishment of an act should it be contrary to the constitutional order.
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Czech Supreme Court confirms that a new warranty period does not start in case of warranty replacements
Unlike the “old” Civil Code, the “new” Civil Code does not stipulate that in B2C relations a new warranty period is granted if a defective item is replaced by a new product within a warranty period. Legal doctrine interprets that the rule from the “old” Civil Code is not applicable in the new regime, and that a new warranty period is not provided in case of replacement of a defective product within the 24-month warranty period. The seller is only obliged to ensure that a consumer can use a defect-free product for 24 months.
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