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@article{1309842, author = {Švarcová, Kateřina and Dudová, Jana}, article_location = {Spojené státy americké}, article_number = {6}, keywords = {generally binding ordinances; environmental protection; review algorithm; municipal rule-making; oversight function; redevelopment; ultra vires behavior; proportionality}, language = {eng}, issn = {1848-4735}, journal = {The Macrotheme Review}, title = {GENERALLY BINDING ORDINANCES OF MUNICIPALITIES IN ENVIRONMENTAL PROTECTION FOCUSING ON A REVIEW ALGORITHM}, url = {http://macrotheme.com/home/the_macrotheme_review_46}, volume = {4}, year = {2015} }
TY - JOUR ID - 1309842 AU - Švarcová, Kateřina - Dudová, Jana PY - 2015 TI - GENERALLY BINDING ORDINANCES OF MUNICIPALITIES IN ENVIRONMENTAL PROTECTION FOCUSING ON A REVIEW ALGORITHM JF - The Macrotheme Review VL - 4 IS - 6 SP - 62-74 EP - 62-74 SN - 18484735 KW - generally binding ordinances KW - environmental protection KW - review algorithm KW - municipal rule-making KW - oversight function KW - redevelopment KW - ultra vires behavior KW - proportionality UR - http://macrotheme.com/home/the_macrotheme_review_46 L2 - http://macrotheme.com/home/the_macrotheme_review_46 N2 - 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. ER -
ŠVARCOVÁ, Kateřina a Jana DUDOVÁ. GENERALLY BINDING ORDINANCES OF MUNICIPALITIES IN ENVIRONMENTAL PROTECTION FOCUSING ON A REVIEW ALGORITHM. \textit{The Macrotheme Review}. Spojené státy americké, 2015, roč.~4, č.~6, s.~62-74. ISSN~1848-4735.
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