Publication details

Návrh právní úpravy výstavby významných staveb

Title in English Proposal for legal regulation of significant buildings
Authors

KOUDELKA Zdeněk DUFEK Zdeněk

Year of publication 2023
Type Article in Periodical
Magazine / Source Stavební právo. Bulletin
MU Faculty or unit

Faculty of Law

Citation
web Web nakladatele
Keywords Construction law; transportation construction
Attached files
Description The text deals with the German legislation for the placement of specific important transport structures in the form of special laws. It compares German regulation with the legal reality in the Czech Republic. On the basis of the different constitutional regulations in the Federal Republic of Germany and the Czech Republic and the jurisprudence of the Constitutional Court in Brno, the authors of the text come to the conclusion that a fundamental amendment on constitutional level is necessary for a fundamental legal change in the field of location and permitting of significant constructions. A regulation by an ordinary law can´t be enough. The result of the text is a proposal for a new constitutional amendment, including the specific wording of the Constitutional Act on Buildings of Special Importance. This constitutional law would be implemented by an ordinary law, the principles of which are contained in the article.

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