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"The goal of accelerating the development of renewable energy sources is, especially in this day and age, entirely legitimate. However, it cannot automatically justify bypassing the fundamental principles of the rule of law, which include the right to self-governance, the protection of property rights, and also an individual's right to a favorable environment. A prerequisite for any change, especially one of such significance, must be an assessment of the impacts of the proposed measures, which could then be weighed against these rights," states Martin Tůma, Ph.D., an attorney at the law firm endors.
"When it comes to spatial planning of national importance, we cannot abandon the understanding of local conditions. If decisions about a landscape that municipalities have shaped for decades are made centrally, it is legitimate to expect that the state will be able to defend its proposal to the municipalities and the public in a clear and understandable way," says Jana Holcnerová, an attorney specializing in construction and real estate law, regarding the issue.
Representatives of municipalities and citizens had the opportunity to ask questions about the design of the proposal during a public hearing. However, given the scope of the entire concept and the number of affected areas, it was not realistically possible to give individual locations the appropriate attention.
Therefore, everyone could only submit their specific objections and comments in full through comments addressed to the Ministry of Regional Development. 6 municipalities and many of their residents did so in cooperation with the law firm endors.
"We know the landscape around our village well. When we found out that parts of our territory were to be decided upon centrally and without us, it was clear that we had to speak up. I am glad that it made sense," says Tomáš Kolmačka, Mayor of Rohozec.
They pointed out that the proposal did not sufficiently take their development areas into account and could significantly limit the future development of the territory.
Further objections concerned the potential impact on public health and the environment, particularly in relation to protected bird and bat species or the migratory corridor for large mammals, which is at risk of disruption. Criticism was also directed at the risk of collisions with existing technical infrastructure, including microwave links.
"The lawyers from endors therefore prepared a simple form for us, through which the residents of our municipality could send their objections directly to the ministry – without needing to navigate the entire Spatial Development Plan amendment. Dozens to hundreds of comments were collected from our municipalities alone. Working with endors showed us that even a small municipality can hold its own in national decision-making when it has lawyers by its side who truly understand the subject," says Ing. Tomáš Kolmačka, Mayor of Rohozec.
In July 2026, the government approved a fundamental change. Out of the original 94 acceleration zones that went to public hearing, only a handful remained in the final proposal. Several areas were removed in the first wave, including the territory of the municipalities we represent. The development of the territory thus remains in the hands of the municipalities we represent.
"This case shows that the comment procedure does not have to be a mere formality. When municipalities utilize high-quality legal support, which allows truly relevant legal arguments based on unique local knowledge to be heard, they have a real chance of succeeding even against a proposal with national ambitions.
For us, this is confirmation that self-governance in the Czech Republic still means more than just words on paper, but one must not be afraid to speak up firmly" is concluded by Martin Tůma, Ph.D., an attorney at the law firm endors.
