Brno, July 25 (CTK) – The Czech Constitutional Court (US) rejected on Tuesday rightist lawmakers’ proposal to abolish a part of the law on air protection that allows clerks to check what people burn in their home boilers.
Environment Minister Richard Brabec (ANO) welcomed the verdict saying that the checks are an operable instrument of air protection.
The rightist lawmakers from the opposition Civic Democratic Party (ODS) and TOP 09 who filed the complaint told CTK they respect the US’s decision.
Their lawyer Zdenek Koudelka said the US preferred the interest of state power to people’s privacy.
Judge rapporteur Ludvik David said the law is not at variance with the constitutional order. If a physical check is carried out after all other possibilities were exhausted and if it is based on a repeated suspicion of the use of an unsuitable fuel, it is a reasonable limitation of rights.
The US stressed interest in the protection of health and the environment.
According to the law, the physical check is an extreme solution. It is resorted to in justified situations, after repeated complaints and a call for a remedy.
People who would not allow the controllers to check the boiler or the fuel would face a fine of up to 50,000 crowns. US judges said this is not an disproportionately high sum.
Brabec said “the first (heating) season did not produce any problems, no commando was breaking in anywhere. On the contrary, the relevant office’s notice of a possible breach of the law usually led to the rectification of the illegitimate conduct,” Brabec said.
Reacting to the complaint authors’ stances, David said the boiler checks cannot be compared to a house search. The control is limited to the boiler, documentation, accessories and fuel.
The new version of the air protection law has been effective since January.
CTK has found out that no fines were imposed under it as from the end of June.
Complaints about burning unsuitable substances are usually made by neighbours and clerks concede that many notices are unsubstantiated and that people often only make them to settle their disputes.
