Vztahy obcí a krajů

Mgr. Lucie Pazderová

Master's thesis

Relations municipal territory and country.

Abstract:

My graduation theses deals with relation between community and region. The communities and regions form local self-government. The self-government is a part of public administration. Public administration divides to self-government and state administration. State practices state administration by the use of state offices. State can transfer a part of state administration to self-government. Self-government is created by public corporation. Self-government is divided to local self-government and self-government of an interest. Local self-government was restored in the Czech Republic in the90 th of 20 century. Totalitarian regime was replaced by democratic legal state. Modification of political regime led to modification of public administration. Local self-government was regularized in the Constitution of the Czech Republic and other legal regulations. Important laws are Community Act and Regional Act. Local self-government is two level. Basic territorial administrative unit is community and higher level territorial administrative unit is region. Community and region are community of people, they have restricted space and they have its own right to property. The community is administered by community council, which elects board of community council and community mayor. The region has equal authority. Community and region exercise separate powers as a main operation and they also exercise powers. Delegated powers of community and region is exercised as a state administration. Separate powers is regulated in the constitution of the Czech Republic as a right of citizen to self-government. State does not have to interfere to rights of separate powers. State can interfere to rights of separate powers if custody of the law requires it and it can only interfere within the law. State interfere to rights in delegated powers. The powers of local government is called combined type. Separate powers and delegated powers generate a lot of different relations. Public administration is familiar with relations between community and region, between region and state and between community and state. The most important relations between community and region are regional supervision and control over delegated powers, reciprocal cooperation, instance relations, expert assistance and guidance notes. Regional authority exercises supervision over delegated powers of community, regional authority checks bylaw in delegated powers if they are in accordance with law and other legal regulations. If bylaws are not in accordance with law and community does not correct them, regional authority proposes to constitutional court to repeal bylaws in delegated powers. Community and region must cooperate in separate powers but region does not have to infringe upon the right separate powers. Community and region must cooperate with each other. Community must forward to region bylaws in delegated powers and region must afford information which concern with powers of community. Instance relations rise in delegated powers between community and region. Regional authority is a superior municipal authority in administrative adjudication. Expert assistance and guidance notes are one-sided. Regional authority renders assistance and notes in delegated powers to municipal authority. Regional authority does not decide in disputes but it ensures staff training of municipal authority and regional authority makes guidance notes. Relations between state and local government are regulated in the Constitution of the Czech Republic and other laws. State exercise the supervision over delegated powers and separate powers of region, experts assistance and also they must cooperate with each other. State exercises a supervision via ministrys and central state administration bodies. Bylaws of region does not have to be in contrary to laws and other legal regulations. Relations between community and state are not so frequent. State exercises a supervision over separate powers. Ministry of int

Abstract:

ernal checks bylaws in separate powers if they are in accordance with the laws. Relations, which are shown above various and their characteristics arise from a sort of powers. Relations in separate powers are not superior and inferior, but they are coordinated. Relations in delegated powers are superior and inferior. Combined type of local administration has many disadvantages but also advantages. Local government and exchanged type proved competent in the Czech Republic.

Keywords

Vztahy, obcí, a, krajů, Obec, Kraj, Samospráva, Veřejná, správa

Language used: Czech

Date on which the thesis was submitted / produced: 13. 6. 2007

Thesis defence

• Date of defence: 15. 6. 2007
• Supervisor: prof. JUDr. Petr Průcha, CSc.

Masaryk University

Faculty of Law

Master programme / field:
Law and Legal Science / Law