Ombudsman filed a second cassation complaint regarding the construction of Šantovka Tower in Olomouc

Brno – Ombudsman Stanislav Křeček filed a second cassation complaint to the Supreme Administrative Court (NSS) regarding the construction of a building named Šantovka Tower in Olomouc, spokeswoman for the ombudsman Markéta Bočková stated in a press release yesterday. The Olomouc branch of the Regional Court in Ostrava refused the ombudsman's complaint for the second time in March, despite the NSS having previously revoked the first rejection and ordered the regional court to address the complaint and conduct evidence.

The Šantovka Tower is to be a 74-meter high building, with the project backed by the Redstone group of entrepreneur Richard Morávek. Heritage protectors and other experts, such as architects, oppose its construction, arguing that it would damage the historical skyline. The public defender of rights also requested the NSS to grant the complaint a suspensive effect, just as in the previous case. If the court agrees this time as well, the investor will not be able to obtain a building permit until the court proceedings are concluded.

The complaint was filed with the regional court back in 2020 by the then-ombudsman Anna Šabatová, pointing out several matters that she believed were in violation of the law. The NSS agreed with one part of the complaint in its decision on the first cassation complaint.

"In the current case, the claim of the public defender of rights regarding the systemic risk of bias among decision-making officials meets the requirement of a serious public interest. This undoubtedly threatens the public interest in the impartial decision-making of the state administration body, which can be considered sufficiently serious to warrant a complaint by the public defender of rights," Bočková quoted from the NSS ruling. Meanwhile, the regional court rejected the complaint again in March on the grounds that the ombudsman had not demonstrated that there was a serious public interest in filing the complaint.

In the current complaint, Křeček points out that several public interests have been violated according to him. In addition to impartial decision-making by officials, there is also the interest in protecting the urban monument reservation and preserving the values of the city's area, as protected by the Olomouc urban plan. There is also a public interest in protecting the environment.

Křeček also stated that he believes the regional court did not follow the binding legal opinion of the NSS and considers the decision a serious violation of judicial hierarchy.

The project was presented to the public in 2012, with the investor signing a cooperation agreement with the city back in 2010.