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Legal regime of communal waste disposal
Pečeňová, Veronika ; Sobotka, Michal (advisor) ; Drobník, Jaroslav (referee)
Legal regulation of Municipal Waste Management The purpose of my thesis is to analyse the national legislative frameworks on municipal waste management. The reason for my research is based on the fact that waste volumes are growing, driven by changing production and consumption patterns. As confirmed in the Sixth Environment Action Programme, waste management is one of the key priorities of EU environmental policy and the framework in this area has been progressively put in place since 1970s. EU waste policy is instrumental for determining the potential outcomes to be achieved, but country-level policies determine the actual outcome. EU allows each Member State to tailor policies to its own particular circumstances. Waste management choices depend on the existing waste management facilities, infrastructure and governance structures. Although household waste represents a relatively small percentage of the total amount of waste produced it is a highly significant proportion because it contains large quantities of organic waste which can cause pollution problems, as well as materials such as glass and plastics which do not break down easily. The options for dealing with municipal waste are described in the "waste hierarchy" - with those towards the top of the list more desirable than those towards the...
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Expropriation of immovables
Šebestová, Renata ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
Expropriation of Real Property The purpose of my thesis is to investigate expropriation as an institute of administrative law in general and the conditions of its application. The thesis concentrates on the property right limitation and on the legal regulation of compensation for the limitation. Besides historical evolution, present legal regulation is described with focus on the most important expropriation conditions - public interest, purpose and compensation for expropriation. Last part of the paper addresses the administrative procedure of deprivation and limitation of the property right. The legal bases of expropriation are established in the Charter of Fundamental Rights and Freedoms, which is part of constitutional system. Based on the Article 11 of this constitutional law the expropriation and mandatory limitation of property rights is permitted only in public interest, on the basis of law, and for compensation. These conditions of the Article 11 of the Charter of Fundamental Rights and Freedom are further specified in the Czech Civil Code. The general rule for expropriation is Act No. 184/2006 Coll. (Expropriation Act), enacting expropriation of the proprietorship title to land and buildings, including the compensation for expropriation and special administrative procedure. This...
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Land ownership restrictions
Kaláb, Tomáš ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
This paper disserts land ownership restrictions. Land ownership is restricted more intensively than other kinds of ownership due to the specificity of land as its object. Land ownership restrictions can arise either under law, under administative decisions, or under contracts. The restrictions are always represented by obligations either to allow, to omit, or to do something. The existence of land ownership restrictions is directly related to the level of social development. That is why land ownership restrictions can be found in very ancient documents such as the Code of Hammurabi. This paper, however, mainly focuses on various land ownership restrictions contained in the Charter of fundamental rights and freedoms, in legislation on nature protection, the forest act, lagislation on agricultural land resources protection, water management regulations, building code, legislation on land consolidation, law on roads and in legislation on neighborly relations. In the end the dissertation analyzes the land ownership restrictions arising from rights to property of another and from contracts with inter partes obligations.
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Czech atomic law
Křížek, Tomáš ; Drobník, Jaroslav (advisor) ; Damohorský, Milan (referee)
The Czech Nuclear law The Nuclear law is an importnat part of the Environmental law. The Nuclear law regulates the peaceful use of nuclear energy and of inonizing radiation, which are the activities potentially dangerous for the environment. This area is a component of a special part of the Environmental law. The ionizing radiation is classified as a particular source of hazard to the environment. This diploma thesis deals with the Czech Nuclear law, and that by means of characterization of a valid legal regulations in the context of international and European law and by means of an analysis of the questions of building and operation of nuclear power stations in Czech republic. The main source of the Czech legal regulation is the Act No. 18/1997 Coll., on peaceful use of nuclear energy and ionizing radiation (Nuclear law) and changes and amendments of some laws. The Nuclear law is a high-quality legal regulation of the peaceful use of nuclear energy and ionizing radiation, which respects the requirements of the international and European law, comparable with the legal regulations of other advanced countries. After a short presentation of the history of development of nuclear energy and ionizing radiation use, the first part of this thesis oulines both the international and European legal regulations of this...
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The Land Register (Cadastre)
Vitula, Milan ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
RESUMÉ The Land Registry The Land Registry is a collection of data concerning the estates in the Czech Republic including a registration list with specification of their geometric and positional sites. It is an integrated, continuously updated system in which ownership titles and other property rights are registered. In addition, data can be applied by other public municipal systems, mainly for protection of estates rights, for tax and fee payment purposes, for protection of environment, cultural monuments, for land development purposes etc. The Land Registry's mission is to provide the best service for guaranteeing ownership of property and facilitating property transaction. In pursuit of this mission, the Land Registry's principal aims are to maintain and develop a stable, effective registration system as the cornerstone for the creation and free movement of interests in property, to guarantee title to registered estates and interests within the territory of the Czech Republic, to provide ready access to updated information relating to registered estates and to make property transactions easier for all. The purpose of my thesis is to summarize basic information about the Land Registry and to provide to a reader a total view of the subject matter to better orientate in such a "law labyrinth". The thesis is...
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Legal regime of municipal waste management
Sádlo, Jan ; Sobotka, Michal (advisor) ; Drobník, Jaroslav (referee)
Legal regime of municipal waste management This work about legal regime of municipal waste management in the Czech Republic begins with a chapter about some aspects of the municipal waste, especially the quantity in which the CR and the EU produces municipal waste, ways in which municipal waste is disposed and percentage limits which should be achieved in municipal waste management. Next part is started with a short flashback into the history of legislation of waste (and municipal waste as well) in the Czech Republic in the last 20 years - follows independence of the Czech Republic. Conception of municipal waste did not get throught a big changes during that decades, so didn't the system of municipal waste management. In the recent years there have been serious discussions about the new "waste" law and after the new Goverment was elected they started again, also we will see if the new law will see the lights of the world. The work then gives an explanation of basic terms - waste and municipal waste - in the Czech law and also in the European law. Because of being the member of European Union, the Czech Republic has quite similar definitions of these terms - new laws were prepared to be conformable with European law. Also the waste hierarchy, important for the approach to waste management, is the...
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