The court rejected the lawsuits of Kotzian, ODS, and ČSSD regarding the timing of the referendum

Source
Lenka Horáková

Publisher
ČTK
07.02.2015 20:40

Robert Kotzian (ODS)

Brno - The Regional Court in Brno yesterday dismissed the lawsuit of former mayor's deputy Robert Kotzian (ODS) and another lawsuit from the representatives of ČSSD and ODS against the decision of the Brno council regarding the announcement of the referendum date for the location of the main train station. Kotzian and social and civic democrats did not want the referendum to take place in the autumn of 2016. In the case of the representatives, the court did not find that they were entitled to file the lawsuit. Although Kotzian's lawsuit was legitimate, it cannot be decided before the referendum. Kotzian intends to file a cassation complaint.
    Kotzian initially believed he would not be entitled to file a lawsuit, which is why the ODS and ČSSD representatives also filed a lawsuit. However, the court evaluated the situation the other way around. "The court did not find the applicants as representatives of the municipality to be actively legitimized. By virtue of their position, they had the opportunity to vote on the proposal for a local referendum," states in the court's resolution, which does not question the active legitimacy of the applicants as residents of the city.
    Kotzian did have the right to file a lawsuit, but the court did not address it. "The applicant sought the annulment of the resolution on the announcement of the referendum, that is in a matter where the court has no jurisdiction to decide in administrative judicial proceedings. The proposal to annul the announced referendum before its holding is inadmissible," reasoned Judge Zuzana Bystřická.
    The decision of the court pleased Mayor's deputy Martin Ander (SZ). "The council's resolution on the referendum date was correct and in accordance with the law, and I am glad that the court confirmed our position," said Ander to ČTK. He does not understand the applicants. "They are waging a holy war against the referendum because they are probably afraid of how the citizens will decide," added Ander.
    Kotzian will continue his efforts to cancel the referendum date. "I will file a legal remedy. I will submit a cassation complaint to the Supreme Administrative Court and then there is still the possibility of a constitutional complaint," stated Kotzian. He has already filed a constitutional complaint along with social and civic democrats.
    Kotzian considers the council's decision on the referendum date along with the regional elections in 2016 to be illegal. According to him, the referendum should have taken place within 90 days of the approval of his proposal, which fell on this January.
    The issue of modernizing the train station has been under discussion in Brno for almost a hundred years. The latest discussions have been ongoing for ten years. A decision is being made between two construction options, by the river or under Petrov. The feasibility study will indicate which option is more suitable. It is being carried out by the Railway Infrastructure Administration. It will be completed in 2016.

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