THE LAW ON THE OPERATION OF RECREATION CENTRES IS IN COURT - Filenews 28/4 by Eleftheria Paizanou
The Supreme Court will determine the fate of the passed legislation for the establishment and operation of recreation areas, as the President of the Republic, Nikos Christodoulides, proceeded to refer to the law approved on April 6 by the Plenary Session of the Parliament.
According to information from "F", the legislation was examined by the Legal Service, which identified that a number of its provisions conflict with the Constitution. Following these findings, President Christodoulidis proceeded to refer to the law, the examination of which by the Court will be determined in the coming weeks.
A turning point was the removal of responsibilities from the Deputy Ministry of Tourism, which were transferred to the municipal and community councils. Specifically, it is determined that the councils will be the competent authority for the issuance of a license for the operation of a recreation area for premises located within the boundaries of the relevant municipality or community.
At the same time, it was found that the provision by which the Minister of the Interior is given the power to delegate the powers of the community council, as the competent authority for the issuance of a license for the operation of a recreation area, to the relevant prefect is also legally flawed. Among other things, with these provisions, it is considered that the Legislative Power interferes with the responsibilities of the Executive Power.
This legislation went through a thousand thousand waves. The Government submitted a bill to the Parliament last October, which was referred to the parliamentary Energy Committee, which, during more than ten discussions, "changed the lights".
It should be noted that the government side disagreed with the final text of the bill, as formulated by the members of the parliamentary Committee on Trade, and in the paragliding of the Plenary Session withdrew it.
The Government disagreed with the regulations on the opening hours of recreation areas and noise pollution, as the MPs had made the bill unrecognizable in terms of the provisions submitted by the Government.
On the eve of the self-dissolution of the Parliament, the DISY MP and chairman of the Energy Committee, Kyriakos Hatzigiannis, reflected the bill in a proposal for a law, not in its original form but as it was formulated by the Parliament, without, however, changing the existing opening hours of the recreation centers.
This fact caused intense discomfort on the government side, which was waiting for the approval of this legislation, through which new legislation was established for leisure centers.
The bill was approved almost unanimously by the Parliament, but the unconstitutional provisions led to its referral to the Court.
As we were told, immediately after the parliamentary elections of May 24, the Government intends to resubmit a bill to the new Parliament, which will be based on the original government proposal, before the parties "change the lights".
The provisions that stumbled
The legislative regulation approved by the Parliament provides for the modernization of the legal framework for the operation of recreation centers.
At the same time, the Deputy Ministry of Tourism should keep a general register of licenses for the operation of recreational areas issued by the competent authorities. The competent authority will have the obligation to implement the instructions of the Deputy Ministry of Tourism arising from the tourism strategy of the Republic.
In addition, the Deputy Ministry is given the power to carry out any inspections it deems necessary in the recreation areas, for the purpose of ensuring compliance with the tourism strategy, and to recommend corrective measures, informing the competent authority accordingly.
In addition, recreation areas are divided into two categories, namely catering and recreation areas and entertainment venues. The license for the operation of a recreation and entertainment area, issued under the provisions of the laws on Municipalities and Communities, as well as the license for the operation of a recreation area that will be issued, is also being consolidated.
The opening hours of recreation areas, with the legislative regulation approved by the Parliament, remain as it is today, even though the Government had proposed other regulations in the bill.
The Supreme Court will determine the fate of the passed legislation for the establishment and operation of recreation areas, as the President of the Republic, Nikos Christodoulides, proceeded to refer to the law approved on April 6 by the Plenary Session of the Parliament.
According to information from "F", the legislation was examined by the Legal Service, which identified that a number of its provisions conflict with the Constitution. Following these findings, President Christodoulidis proceeded to refer to the law, the examination of which by the Court will be determined in the coming weeks.
A turning point was the removal of responsibilities from the Deputy Ministry of Tourism, which were transferred to the municipal and community councils. Specifically, it is determined that the councils will be the competent authority for the issuance of a license for the operation of a recreation area for premises located within the boundaries of the relevant municipality or community.
At the same time, it was found that the provision by which the Minister of the Interior is given the power to delegate the powers of the community council, as the competent authority for the issuance of a license for the operation of a recreation area, to the relevant prefect is also legally flawed. Among other things, with these provisions, it is considered that the Legislative Power interferes with the responsibilities of the Executive Power.
This legislation went through a thousand thousand waves. The Government submitted a bill to the Parliament last October, which was referred to the parliamentary Energy Committee, which, during more than ten discussions, "changed the lights".
It should be noted that the government side disagreed with the final text of the bill, as formulated by the members of the parliamentary Committee on Trade, and in the paragliding of the Plenary Session withdrew it.
The Government disagreed with the regulations on the opening hours of recreation areas and noise pollution, as the MPs had made the bill unrecognizable in terms of the provisions submitted by the Government.
On the eve of the self-dissolution of the Parliament, the DISY MP and chairman of the Energy Committee, Kyriakos Hatzigiannis, reflected the bill in a proposal for a law, not in its original form but as it was formulated by the Parliament, without, however, changing the existing opening hours of the recreation centers.
This fact caused intense discomfort on the government side, which was waiting for the approval of this legislation, through which new legislation was established for leisure centers.
The bill was approved almost unanimously by the Parliament, but the unconstitutional provisions led to its referral to the Court.
As we were told, immediately after the parliamentary elections of May 24, the Government intends to resubmit a bill to the new Parliament, which will be based on the original government proposal, before the parties "change the lights".
The provisions that stumbled
The legislative regulation approved by the Parliament provides for the modernization of the legal framework for the operation of recreation centers.
At the same time, the Deputy Ministry of Tourism should keep a general register of licenses for the operation of recreational areas issued by the competent authorities. The competent authority will have the obligation to implement the instructions of the Deputy Ministry of Tourism arising from the tourism strategy of the Republic.
In addition, the Deputy Ministry is given the power to carry out any inspections it deems necessary in the recreation areas, for the purpose of ensuring compliance with the tourism strategy, and to recommend corrective measures, informing the competent authority accordingly.
In addition, recreation areas are divided into two categories, namely catering and recreation areas and entertainment venues. The license for the operation of a recreation and entertainment area, issued under the provisions of the laws on Municipalities and Communities, as well as the license for the operation of a recreation area that will be issued, is also being consolidated.
The opening hours of recreation areas, with the legislative regulation approved by the Parliament, remain as it is today, even though the Government had proposed other regulations in the bill.
