INDEX DECISION OF THE CONSTITUTIONAL COURT AND CONSTITUTIONAL COMPLAINT http://nalus.usoud.cz/Search/GetText.aspx?sz=3-1793-20_1 My note: The Constitutional Court of the Czech Republic decided without the presence of the participants on 23 July 2020 in the matter of my constitutional complaint File no. III. ÚS 1793/20 to reject this constitutional complaint and the related proposal to repeal the provisions of the Veterinary Act. Most important, however, is the following opinion of the constitutional court, which has the nature of a binding precedent, which in my opinion is a crime against humanity, because it de facto legitimizes contemporary murders of tens of millions of farm animals for each month also in the territory of the Czech Republic. According to this decision of the Constitutional Court „in addition, it is for the lessor to determine what goods are to be offered at the market and to determine the conditions for their sale. The rejection of the complainant's application for the lease of a market place justified on the grounds that his intended sale of carrion meat (even fresh and perhaps also with a veterinary certificate) is in conflict with veterinary regulations, compliance with which is required by the Market rules, represents“ allegedly „a completely legitimate procedure on the part of the town of Hustopeče.“ The Constitutional Court states that it is allegedly not another intervention of a public authority, although the issue of the Market rules of the municipality is regulated by public Section 18 of Act No. 455/1991 of Collection the Trade Licensing Act. According to this decision of the Constitutional Court „concluding of the contract for the lease of a market place in the market operated by the municipality is“ (so allegedly) „a purely private matter (in the case of the municipality it is done independently) and none of the potential contracting parties can be forced to enter into a contractual relationship.“ According to my constitutional complaint, the above-mentioned refusal of the town of Hustopeče to lease me a market place for the sale of my 1 /30 above-mentioned assortment was a lasting intervention of a public authority other than an administrative decision, because it was partly independent and on the contrary partly delegated (i.e. administrative, i.e. public) competence of the town of Hustopeče and of the administrator of the market, because it exceeds the scope of delegated competence according to the public Section 18 of Act No. 455/1991 of Collection the Trade Licensing Act (hereinafter also "Trade Licensing Act") regulating the issuance of Market rules in municipal regulation, virtually its implementing Operating rules of town market on Dukelské square in Hustopeče (see its paragraph 1). Therefore, my lease of marketplace on this market involved the unconstitutional performance of the public service only partially within the independent, i.e. private competence of the town of Hustopeče and of the market administrator. Although the town of Hustopeče and the market administrator are entitled to determine the conditions of sale on their market in the Market and Operating rules, but they are then obliged to comply with these legal Acts and they must perform this public service in a non-discriminatory way neither in a purely administrative or private discretion according to below mentioned Article 2 paragraph 3 of the Constitution of the Czech Republic without unconstitutional discrimination in relation to all persons in this market during the sale agency of, among other things, fresh, chilled or frozen meat, which is allowed here according to the Operating rules and happens here in my personal experience. In addition, my assortment was not excluded from sale at this market as unsuitable (see paragraph 1 of Operating rules) but for violation of the veterinary act (see paragraph 9 of Operating rules). Rejection of my assortment by the town of Hustopeče and by market administrator for violation of the public veterinary act (see paragraph 9 of Operating rules) in this matter is according to my constitutional complaint the unconstitutional performance of public service and performance of measure or other intervention of a public authority within Section 72 paragraph 5 of the Act no 182/1993 of Collection on the constitutional court (hereinafter also “act on the constitutional court“). Therefore, this unconstitutional lasting intervention of a public authority is not a purely private law relationship, and therefore the jurisdiction of the Constitutional Court is also given. Because I want to pay my living costs from this sale of my relatively expensive assortment and to exercise it as my main profession, this unconstitutional lasting intervention of a public autority is a refusal of an administrative permission in connection with the requirements for the exercise of my profession*, thus among other things a dispute over civil rights and obligations and the substantial harm according to the Article 6 Right to a fair trial in conjunction with Article 35 paragraph 3) letter b) of the European CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, as amended by Protocols No 11 and No 14. 2 /30 *Benthem v. The Netherlands, No. 8848/80, October 23, 1985, Series A No. 97, § 36 I confirm that I have used all available and effective remedies in the given State (Czech Republic), namely a letter with the data message of the town of Hustopeče and the market administrator: Organizational unit of the town of Hustopeče Administration and maintenance of buildings dated 25 June 2020 reference number: MUH/37082/20/433, file reference: MPO/7131/20/433. To the exhaustion of all domestic remedies against this unconstitutional lasting intervention of the town of Hustopeče, I state the following. This lasting intervention of a public autority goes beyond the independent, i.e. private competence of the town of Hustopeče due to the regulation of the issued Market and Operating rules of its market within the public Section 18 of the Trade Licensing Act and so it is unconstitutional performance of public service only partially within the public (i.e. administrative competence). Due to the partially independent, i.e. private competence of the town of Hustopeče in this matter, it is not possible to proceed here according to Act No. 500/2004 of the Collection on the Administrative Procedure Code and Act No. 150/2002 of the Collection on the Administrative Procedure Court Code. Therefore, it is the execution of measure, virtually other intervention of a public authority within the meaning of Section 72, Paragraph 5) of the Act on the Constitutional Court, against which there were no other remedies than the above-mentioned constitutional complaint and against which this constitutional complaint was not inadmissible. 3 /30 III. ÚS 1793/20 CZECH REPUBLIC RESOLUTION Of the Constitutional Court The Constitutional Court ruled in a senate composed of the President Jiří Zemánek ( Judge-Rapporteur) and Judges Radovan Suchánek and Vojtěch Šimíček on the constitutional complaint of JUDr. Dalibor Grůza , Ph.D. , apartment Mírová 1098/4, Hustopeče, represented by JUDr. Miroslav Moltas , LL.M., lawyer, registered office Střední 933/10, Hustopeče, against another intervention of a public authority, connected with a proposal to repeal § 3 par. d), § 5 par. 1 let. h), § 18, § 21 par. 1, § 27a par. 1 let. b) and par. 3, § 39 par. 2 and par. 3, § 39a to § 41 and § 42 par. 2 and par. 3 of Act No. 166/1999 Coll., on veterinary care and on the amendment of some related acts ( Veterinary Act), as amended, as follows: The constitutional complaint and the related proposal are rejected. Justification: 1. By a submission received by the Constitutional Court on 27 June 2020 and supplemented by a submission dated 30 June 2020, the applicant objected to the communication from the Town of Hustopeče dated 24 June 2020 File no. MUH / 37082/20/433, which did not 4 /30 grant his request for the lease of a market place in the market operated by the town of Hustopeče for the purpose of "sale unprocessed after veterinary autopsy of fresh meat of poultry carrions (hens) from own breeding for human consumption" due to discrepancy of this application with legal regulations [specifically with Act No. 166/1999 Coll., on Veterinary Care and on the Amendment of Certain Related Acts ( Veterinary Act ), as amended later regulations]. It demands that the Constitutional Court prohibit the town of Hustopeče and the market administrator (Administration and maintenance of the buildings of the town of Hustopeče, organizational unit) from preventing it from selling such meat. In the submission, he also proposed the repeal of the provisions of the Veterinary Act listed in the title. 2. In the conduct of the Town of Hustopeče, which refused to conclude a contract with it for the lease of a market place, the complainant sees another intervention of a public authority against which there is no procedural means of protection. The admissibility of a constitutional complaint is derived from § 75 para. a) of the Act III. ÚS 1793/20 No. 182/1993 Coll., on the Constitutional Court, as amended (hereinafter the “Act on the Constitutional Court”), as its significance substantially exceeds the applicant's own interests and was filed within one year. 3. Before the Constitutional Court proceeds to the factual assessment of the constitutional complaint, it is obliged to examine whether it meets all the requirements required by law and whether the conditions 5 /30 for its hearing set by Act No. 182/1993 Coll., On the Constitutional Court, as amended, are given, below only the “Constitutional Court Act”). He did not reach such a conclusion in the present case. 4. A constitutional complaint pursuant to Article 87 para. d) The Constitution of the Czech Republic ( hereinafter the “ Constitution”) constitutes a procedural means for the protection of the subjective fundamental rights and freedoms of the individual complainant, which are guaranteed by the constitutional order.