When advocating for better conditions for walking and cycling, you often come across justifications that the police did not allow it and therefore it is not possible. Now let’s look at the role of opinions from the Czech Republic Police, when these opinions are binding and when they are non-binding.
The Administrative Procedure Code precisely defines what a binding opinion is:
„A binding opinion is an act carried out by an administrative authority based on the law, which is not an independent decision in administrative proceedings and whose content is binding for the decision-making part of the administrative authority’s decision. The relevant authorities are responsible for issuing binding opinions.“ (Section 149, paragraph 1 of Act No. 500/2004 Coll.)
For an opinion to be binding, it is necessary for its binding nature to be explicitly stipulated by law, meaning there must be a legal provision specifying when the relevant authority issues a binding opinion. According to the Administrative Procedure Code, a binding opinion must also include a binding part and reasoning. In the reasoning, the relevant authority must state the reasons on which the content of the binding part of the binding opinion is based, the documents supporting its issuance, and the considerations that guided its evaluation and interpretation of the legal regulations on which the content of the binding part is founded. This ensures that the binding opinion can be reviewed.
In the case of the police, we can find in Czech legislation a few laws containing provisions that regulate when the police, as the relevant authority, provide an opinion. If the police, as the relevant authority, provide a binding opinion, it is explicitly formulated in the law, such as in Section 10 of Act No. 13/1997 Coll.: „The relevant road administration office shall request a binding opinion from the Czech Republic Police before issuing a permit.“
A comprehensive overview of the matters to which the police express their opinion according to the law, and whether their opinion is binding or non-binding, can be found in the table below.
In the case of changes in or installation of traffic signs through measures of a general nature, police opinions are non-binding. When determining local and temporary traffic regulations on public roads, including changes to traffic signage, the police are considered the relevant authority according to the law, and it is necessary to discuss the measures with them. If the police, as the relevant authority, do not express their opinion within 30 days from the date of delivery of the proposal for regulation, it is presumed that they agree with the proposal for regulation (Section 77, paragraph 3 of Act No. 361/2000 Coll.).
An Advocacy Manual
In the online magazine „Městem na kole“ (City on Bike), we are publishing a series of articles called „Advocacy Manual.“ These guides, written by Michal Šindelář and the AutoMat association, describe how to support the development of cycling transportation and infrastructure from the perspective of an active citizen.
The manual provides know-how on how to navigate the entire process of public administration and the legal possibilities for influencing one’s immediate surroundings.
This article was made possible thanks to the support of the Open Society Foundations as part of the AutoMat’s National Outreach Via Social Base Management project.
When the police are the relevant authority and what type of opinion they issue | |||
| Opinion type | |||
Situation | Requirement to discuss, non-binding opinion | Binding opinion or consent | Legal provision |
| Approval of completion (relates to Section 16 of Act No. 13/1997 Coll., on roads (special legal regulation), and therefore the Czech Republic Police only issues an opinion in this matter, but not a binding one) | x | Section 122 of Act No. 183/2006 Coll., | |
| Territorial, construction, and joint territorial and construction proceedings | x | Section 16 of Act No. 13/1997 Coll. | |
| Expansion of general use of a road | x | Section 24b of Act No. 13/1997 Coll. | |
| Establishment of traffic signage (OOP) | x | Section 77 of Act No. 361/2000 Coll. | |
| Exemption from local and temporary traffic regulations on public roads | x | Section 77 of Act No. 361/2000 Coll. | |
| Removal of local or temporary traffic regulations | x | Section 77a, paragraph 2 of Act No. 361/2000 Coll. | |
| Connection of roads | x | Section 10 of Act No. 13/1997 Coll. | |
| Routing and placement of substitute bus stops | x | Section 18c of Act No. 111/1994 Coll. | |
| Special use of a road | x | Section 25 of Act No. 13/1997 Coll. | |
| Placement of fixed obstacles on a road | x | Section 29 of Act No. 13/1997 Coll. | |
| Establishment and operation of advertising devices in the road protective zone | x | Section 31 of Act No. 13/1997 Coll. | |
| Intersection of a road with a railway | x | Section 37 of Act No. 13/1997 Coll. | |
| Closure of level crossings | x | Section 37a of Act No. 13/1997 Coll. | |
This article was developed with the support of the Open Society Foundations through the project AutoMat’s National Outreach Via Social Base Management. The Open Society Initiative for Europe, within the Open Society Foundations, has provided a grant for this purpose.
This is an adjusted ChatGPT translation of this article: https://mestemnakole.cz/2022/11/advokacni-manual-7-policejni-stanoviska-kdy-jsou-nezavazna-a-kdy-zavazna/
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