Home » today » News » The children of the Earth want to prevent the construction of the D1 near Přerov. The case is pushing the EU Court of Justice

The children of the Earth want to prevent the construction of the D1 near Přerov. The case is pushing the EU Court of Justice

In the lawsuit available to the Zdopravy.cz server, it challenges the procedure of the regional authority in the case of an appeal against the zoning decision for the remaining section of the motorway. An interim measure or a suspensory effect of the action is also required so that the zoning decision does not take legal effect.

Children of the Earth are convinced that the decision is illegal, mainly due to the so-called EIA opinion and the amendment of the relevant law, which addresses environmental impact assessment. The law also included some priority constructions, including this section.

The activists failed at the Constitutional Court

The children of Earth have already challenged this before the Constitutional Court, but have failed. In the text of the lawsuit, he states that “the plaintiff contradicts the reasoning of the Constitutional Court and proposes that the Ostrava court transfer the whole case to the European Court of Justice.

“A binding EIA opinion for these constructions is no longer issued on the basis of a new EIA process with the participation of the public, but is issued by the Ministry of the Environment. The dispute can therefore only be decided by the Court of Justice of the EU, “said Miroslav Patrik from Children of the Earth.

If the EU Court of Justice ruled that an EIA had to be done again, it would be a delay of several years.

According to the director of the Brno plant of the ŘSD, David Fiala, the preparation of the motorway continues.

“We applied for a building permit at the end of August, and we will start a competition for a contractor in November,” said Fiala.

ŘSD presses time not only because the missing section is extremely burdensome for traffic in Přerov. Due to the validity of the EIA opinion, they must have a valid building permit by 30 November 2021.

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