The fact that during the change of the regulation it fell out of the paragraph by which the government wanted to allow the sale of alcohol in restaurants in jugs and bottles with it, it fell out “outside its interior (eg the dispensing window)”, News pointed out on Thursday morning.
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The government then adjusted the website to the correct form. However, it was published in the Collection of Laws, which is authoritative for the validity of the resolution original form. For restaurateurs and cafes, it is still forbidden to sell any drinks to guests inside the premises.
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The Ministry of the Interior has included in the collection of laws a communication on the correction of a typographical error:
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Communication of the Ministry of the Interior on the correction of a typographical error in the Resolution of the Government of the Czech Republic of 10 December 2020 No. 1295, promulgated under No. 522/2020 Coll.
In point II. point 2 should read correctly:
„2. in point II.11, point (e) is replaced by the following:
“(E) it is prohibited to sell bottled or locally prepared beverages for immediate consumption in the case of a sale from a catering establishment to a customer outside its internal premises (eg a dispensing window)
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However, according to lawyers, this is not enough. And this does not change the fact that the government resolution was published in the wrong wording and the correction is possible only by a new government resolution.
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“Government resolutions are binding in the wording published in the collection. In my opinion, the procedure whereby the content of a government resolution is changed by the Ministry of the Interior with its communication cannot be considered correct, “Zbyšek Kordač from the law firm Weinhold Legal told Novinky.
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And health law expert Ondřej Dostál has the same legal opinion. “The text clearly states that drinking in restaurants should be banned. If the government, together with the ministry, says something it didn’t want, it’s not the first time. In short, this is true, the collection of laws is binding, “he told Novinky.
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Formally, the innkeeper violates the measures if they pour drinks. Given the message, which de facto says it’s a piece of tricks, but they won’t be able to be affected.
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According to him, the correction is possible only through a new crisis measure. “It simply came to our notice then. When that happens, the government should convene quickly and repel it, “he added.
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Despite the fact that pubs serving beverages thus de facto violate the law, according to the wording of the law, they should not be afraid of punishment, according to him. “Formally, the pub will violate the measures if they pour drinks. Due to the given message, which de facto says that it is kiks, but they will not be able to be affected, “says Dostál.
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“If one of the enforcement authorities is crazy enough to fine it, they can refer to the interpretation, which is a weak defense, but they can also claim that it is a disproportionate interpretation, which will stand up,” he said.
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If something is wrongly approved, it must change. The originator of the act must do this
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However, according to the spokesperson of the Ministry of Health, Barbora Peterová, this is an exemplary typographical error and the announcement is quite sufficient: change, which is a standard step also described in the Act on the Collection of Laws. So the typographical error was actually corrected. Consumption of beverages in restaurants is not prohibited, ”assures the operator.
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The Ministry of the Interior later assured the same on its twitter: “The sale of all drinks in restaurants is definitely NOT forbidden, as it appeared in the media. The manner in which the typographical error in the Collection of Laws was corrected is in full compliance with the law. So the corrected version is valid, “he writes.
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Correction of a typographical error in the law
Photo: mvcr.cz
However, the constitutional lawyer Jan Kysela fundamentally disagrees with this: “However, these are errors caused by the printer. If something is wrongly approved, it must change. The originator of the act must do it, “he wrote to Novinky.
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And the lawyer Petr Němec agrees, according to which such an interpretation would de facto mean a coup of the legislature. “If the Ministry of the Interior claims that its statement about the typographical error is above the government-approved text of the resolution published in the Collection of Laws, then a coup organized by Hamáček has just taken place and the parliament has in fact lost its legislative power. He can now modify the interior in any way now, ”he responded to the information from News on his Twtiter.
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If the Ministry of the Interior claims that its statement about the typographical error is above the government-approved text of the resolution published in the Collection of Laws, then a coup organized by Hamáček has just taken place and the parliament has in fact lost its legislative power. Here he can now modify the interior in any way.
– Petr Nemec (@SemSuchar) December 10, 2020
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| How the government amended the regulation on its website: |
| “The sale of alcoholic beverages is prohibited in the case of a sale from a catering service establishment to a customer outside its internal premises (eg a dispensing window).” |
| In what form was it published in the Collection of Laws: |
| “It is forbidden to sell bottled or on-site beverages for immediate consumption.” |
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