GENERALLY BINDING ORDINANCES OF MUNICIPALITIES IN ENVIRONMENTAL PROTECTION FOCUSING ON A REVIEW ALGORITHM
| Authors | |
|---|---|
| Year of publication | 2015 |
| Type | Article in Periodical |
| Magazine / Source | The Macrotheme Review |
| MU Faculty or unit | |
| Citation | |
| Web | http://macrotheme.com/home/the_macrotheme_review_46 |
| Field | Law sciences |
| Keywords | generally binding ordinances; environmental protection; review algorithm; municipal rule-making; oversight function; redevelopment; ultra vires behavior; proportionality |
| Description | Municipalities, as bodies of local public administration, play a key role in protecting the natural environment. With regards to the local and material correlation with environmental problems, the position of these territorial self-governing units is given by the fact that municipalities should be best capable of assessing the condition of individual components of the local environment thanks to territorial familiarity, and should be capable of taking optimally adequate and appropriate steps with regards to knowledge of local conditions. The authors contemplated selected aspects of the role of the municipality within the framework of its independent competence, i.e. the municipality as a rule-maker on the community level upon issuing generally binding environmental ordinances of the municipality. The greatest focus is on the importance of the oversight function and consequently relevance of case law or introduction and testing of four steps when reviewing generally binding ordinances. Nevertheless, also discussed in general are the basic prerequisites of rule-making by the municipality as an expression of the principle of local self-government and definition of the initial legal regulation of this area. This is demonstrated across the board in real examples of generally binding ordinances in practice (specifically those that were subjected to the mentioned review algorithm). Meanwhile, taking into account the robust scope of this question, it is appropriate to note the elaboration of the given issue in a general manner. |
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