The Constitutional Court must address the principles of the development of South Moravia

Brno – The principles of territorial development of the South Moravian Region must be addressed by the Constitutional Court (CC). It has received two complaints – one is a joint initiative from a group of 24 municipalities, individuals, and associations, and the other is a separate complaint from a woman who also requested the annulment of the regional spatial plan.

Municipalities from the Brno area are complaining, according to Deputy Governor Martin Maleček (Mayors for South Moravia), that their right to self-government has been violated.

According to lawyer Pavel Černý, who prepared the joint initiative of municipalities, individuals, and associations, the complaint encompasses several areas of issues, such as the extent to which the judiciary can engage in state policy on territorial development. Another area of objections pertains to territorial reserves and the insufficient assessment of all cumulative environmental impacts. Furthermore, the complaint states that the judiciary did not address all evidentiary proposals.

The CC will handle both complaints in a joint procedure for reasons of economy and efficiency, as reported by ČTK from the merging resolution in the online database. The reporting judge will be Jan Filip.

The joint complaint was filed by the municipalities of Malhostovice, Moravany, Nebovidy, Ostopovice, Skalička, Troubsko, and Jinačovice in the Brno area, along with 15 individuals and the associations Pěkný jih and Spokojené Díly.

The principles of territorial development regulate the routes of roads, railways, or major energy networks. The region approved the document in 2016. However, some important road and highway routes remained only in territorial reserves, with the intention of being resolved in a subsequent study and the following update of the principles.

The municipalities, associations, and individuals filed a lawsuit, claiming that the document fails to perform its basic functions, specifically that it does not address the excessive burden on certain areas, and it does not allow for realistic development of the transport infrastructure. Furthermore, they assert that it unjustifiably limits the development of municipalities and the property rights of individuals with extensive territorial reserves.

However, the Regional Court in Brno dismissed the lawsuit. The decision was confirmed by the Supreme Administrative Court at the end of May this year, which annulled the original development principles in 2012. The region then had to prepare comprehensive documentation, necessary for key transport constructions, again.