Challenges of the Implementation of the European Charter of Local Self-Government in Czech Legislation

Abstract

In their recent rigorous analysis of the European Charter of Local Self-Government (Radvan, Mrkývka, Schweigl 2018), the authors elaborated the manner in which the Charter has been implemented into the Czech legal order. In this paper, the authors extended the previous analysis by focusing on the challenges connected with the incorporation of the Charta´s principles into the Czech legal order. They outlined the areas, in which the incorporation seems to be properly done, and pointed to a few areas which might be viewed as problematic, as for incorporating of the Charta´s principles. One of the most significant problems is that the distinction between the state-administration and self-administration was not carried out in a strict manner and this improper distinction may lead to enhanced conflicts of interest. Some problems might also be detected in the area of how a smaller municipality´s citizens may influence the policy of a larger municipality which provides state-administration for the residents of smaller municipalities.

New Charges on Communal Waste in the Czech Republic

“…He has analyzed the economic autonomy of the local self-government units in the Czech Republic, focusing on local taxation (Radvan 2008; Radvan 2012; Radvan 2016a), and he specifically explored the taxation of communal waste (Radvan 2010;Radvan 2016b). As communal waste charges belong to the group of local taxes, he also pointed out the possibility for municipalities to choose between recurrent property tax and charges on communal waste (Radvan 2019), and he described ways to get taxpayers to pay local charges (Radvan 2017). Certain portions of these materials were also used (and cited) in this contribution.…”

Employment, Entrepreneurship, and the “Švarc-system” from the Social Development Point of View

“…A fundamental problem here is sanctioning illegal employment as a factual employment relationship disguised by another contract. (Radvan, Mrkývka & et al, 2016) Illegal work is dependent work a natural person performs outside the employment relationship. The Labour Code then defines dependent work as work performed in connection with the employer's superiority and subordination of the employee, on behalf of the employer, under the employer's instructions, and performed by the employee personally for the employer.…”