Nearly 90 Municipal Regulations are in Violation of Citizens' RightsDomestic | September 30, 2017, Saturday // 12:10| views
The Supreme Administrative Prosecutor's Office has established to date 88 municipal regulations containing texts contrary to the Constitution and the laws, the VAP announced, reports Sega. The checks continue.
The municipal regulations have unlawfully imposed restrictions on people and firms having obligations to the municipality. In a number of cases, the Regulations have introduced rules that exclude from participation in an auction or competition candidates who are in default by contract with the municipality and/or owe amounts to the respective municipality for taxes, fees or other public obligations, contrary to the Local Tax Act and fees and the Law on Limiting Administrative Regulation and Administrative Control of Economic Activity. Some municipal regulations provide for the admission to participation in a competition or auction by the order of the regulations of people and firms who have participated in a previous auction or competition, have won it and have waived the conclusion of a contract with the municipality.
15 signals were filed with the respective administrative courts for the abolition of norms from the municipal regulations, unlawfully regulating administrative burdens and fees, as well as norms containing conditions and rules outside the framework established by the law concerning the disposal of municipal property.
The contested texts are contrary to the principles of a free economic initiative, the procedure for the establishment and collection of public claims, as well as all the legal provisions regulating the terms and conditions for exercising "activities" on the territory of the respective municipality.
On the occasion of the rules for the restriction of the circle of persons who have a duty to the municipality, the Prosecutor's Office argues the protests, indicating that this regime benefits some applicants, for example those who have no obligations to the municipality, even if they do not live in the territory of the municipality (their headquarters is elsewhere) have benefits at the expense of others. Moreover, by introducing such restrictions on economic activities into "unlawful parties", in practice, an unacceptable situation - one breach to cause more than one adverse effect - contractual liability plus an additional exclusion from an activity which should have been is equally accessible to all people.
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