What must cities and municipalities do in climate protection, In other words what is the legislation for climate protection?
It’s too dry, wells are drying up, and the streets are unbearably hot... Do you know what is being done in your city to protect the climate?
Alongside many other participants, it is cities that should respond to climate change. Their role is unique because their activities are connected to a continuous effect on a specific place, with detailed knowledge of the local area and the daily needs of its citizens.
Cities (municipalities) act as territorial self-governing units defined by their land and citizens. They are also often delegated the task of carrying out state functions. Thus, municipalities serve both the state and their local area and citizens.
But do cities (municipalities) have enough tools to respond to climate change? Are there any binding goals they must achieve under the law? Are local authorities required to implement measures to mitigate climate change, reduce greenhouse gas emissions, or actively participate in the development of renewable energy sources? What is the legal status of municipalities (territorial self-governing units) under constitutional law, and how do these assumptions translate into the municipalities' legal obligation under the Municipal Act to ensure the comprehensive development of their territory and meet the needs of their citizens, while also protecting the public interest?
The role of cities and municipalities is key to the future. Most people live in cities, and it is precisely cities that can reduce the impacts of climate change on human rights. Smaller municipalities provide the basis for agricultural land use, larger landscape measures, and the provision of ecosystem services.
Climate protection legislation is evolving very dynamically. Based on laws promoting renewable energy sources (LEX OZE I, II), the placement of renewable energy installations, as well as community energy projects, is now in motion.
Municipalities should respond to this development in a timely manner and incorporate comprehensive solutions (preparedness) into their spatial plans. The spatial plan enables the appropriate division of land to protect public interests such as nature conservation, water protection, and soil preservation, while also meeting the needs of local residents. Through regulatory plans and planning contracts, municipalities can set more detailed rules for planned construction or other activities, with a particular focus on ensuring (urban) blue-green infrastructure.
Attention should be drawn to the draft law on accelerating the use of renewable energy sources, which was in inter-ministerial review this summer. This joint proposal from the Ministry of Industry and Trade, the Ministry of the Environment, and the Ministry of Regional Development implements EU law (the amended Directive 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources). The draft law anticipates the mapping of the entire Czech Republic, with the development policy designating so-called "necessary areas" (areas essential to achieving renewable energy goals). At other levels of spatial planning (development plan, regional development principles, spatial plan), areas allowing accelerated approval of renewable energy sources should then be defined through spatial measures.
Even without new legislation, cities and municipalities can prepare for climate change. Planning and timely implementation of measures are crucial.