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Legal Regulation of the Natura 2000 Network in the Czech Republic and the Federal Republic of Germany
Boučková, Adéla ; Stejskal, Vojtěch (advisor) ; Damohorský, Milan (referee)
The network Natura 2000 represents a system of nature protection areas, which were established to protect and conserve European biodiversity of wild fauna and flora. This master thesis copes with the legal aspects of implementing European directives in relation with the Natura 2000 network into the national legal systems. A comparison was made between two EU-member states, the Czech Republic and the Federal Republic of Germany. The master thesis is divided into 7 chapters including the introduction and the conclusion. In the chapter 1, the subject and aims of the thesis are explained, as well as the brief history of nature conservation. Development of nature conservation in International and European law is introduced in the chapter 2. The chapter 3 focuses on legal basis of Natura 2000 regulations on European law level. Essential parts of the master thesis are the chapters 4, 5 and 6, which describe how the network was established through site designation, how the protection and site management is ensured and what assessment of plans and projects means. The law system of Saxony was chosen as an example to display some partial distinctions between the federal law level and the federal state law level in Germany. The chapter 7 consists of the conclusion and comparison between the legal regulations...
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Relation of European Union law and Czech mining law
Šváb, Jakub ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
Topic of this thesis is "Relation between European Union law and Czech mining law" and its introduction regards mining, concept of mining law and how European Union law works in general. Next chapter regards what relation human rights has to mining. Main focus of this text is overview of most important legislation of European Union law that influence Czech mining law. These are Directive SEA and EIA, IED Directive, Habitats Directive, Directive SEVESO III, CCS Directive nad Mining Waste Directive.
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Legal regulation of treating animals in human care
Židlická, Veronika ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
This diploma thesis deals with legal regulation of the treatment of animals under human care. It provides a comprehensive overview of international legislation, European legislation and also Czech laws. On the international level it describes fundamental conventions of the Council of Europe. On the level of European Union this thesis does not omit primary law of the European Union, secondary legislation as well as conceptual tools. On the national level it tries to outline the key regulations governing the treatment of animals. Next it deals with definition of an animal, creature and wildlife, and categorizations of animals. It also also includes a civil nature of the animal. The major Czech law governing the main ways of dealing with animals in captivity this thesis describes the act no. 246/1992 Coll., On Protection of Animals against Cruelty. After defining possible ways of the treatment it does not forget to acquaint with the possible torts for breach of the requirements for the protection of animals, including act no. 40/2009 Coll., The Criminal Code. In conclusion, it briefly describes the status of bodies whose activities relate to the protection of animals.
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Criminal lability in environmental protection
Svoboda, Tomáš ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
This diploma thesis deals with the Czech regulation of criminal liability in the area of environmental protection. Apart from provisions of Title VIII of Second Part of the Criminal Code, the thesis also discusses other facts-of-the-crime definitions that are not included in this title, but are relevant for the protection of environment, and certain other issues concerning the general provisions of criminal law, including the criminal liability of legal persons. The thesis also focuses on legislation falling outside the scope of criminal law that can serve as a basis for determination of illegality of these acts.
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Legal regulation of the Environmental Impact Assessment (EIA) in relation to European legislation
Linkeová, Sandra ; Stejskal, Vojtěch (advisor) ; Humlíčková, Petra (referee)
The subject of this dissertation is the process of the Environmental Impact Assessment in relation to the respective European legislation. The dissertation aims at providing a comprehensive analysis of the current Environmental Impact Assessment legislation, including its historical, international and European contexts. The dissertation proceeds in five chapters. Chapter One outlines the general characteristics of the Environmental Impact Assessment procedure and the principles that govern it. Chapter Two examines the development of the Environmental Impact Assessment process in international law, with emphasis on the Aarhus Convention. Chapter Three focuses on the anchoring of the procedure in European law. The core part, then, is Chapter Four, which delineates the separate phases of the Environmental Impact Assessment process as defined in Czech legislation. In the last chapter, the expected changes in the concept of the Environmental Impact Assessment are sketched.
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Legal regulation of the protection of woodspecies
Bubeníková, Štěpánka ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
This diploma thesis deals with legislation concerning the protection of wood plants. The six chapters contained within attempt to provide a cohesive overview of this topic as a whole. Legislation in this field has undergone major changes in the recent past. The core of the thesis is an overview of the current state of legislation as it concerns wood plants growing outside the forest as enshrined in the Act on Nature and Landscape Protection. The first chapter deals with an introductory definition of what constitutes a wood plant growing outside the forest, as well as its functions. The following chapter outlines the relationship between public and private law aspects of wood plant legislation. The issue of ownership and neighbour s rights is focused on in particular. The next chapter lays out the basics of public law legislation in this field. The fourth chapter is the crux of the thesis as it deals with the protection of wood plants growing outside the forest as enshrined in the Act on Nature and Landscape Protection, especially when it comes to the possibility of felling of wood plants. The closing chapters partially deal with special forms of protection as provided by the Act on Nature and Landscape Protection in connection with other relevant legislation. The thesis also briefly touches on...
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Role of the non-govermental organizations in the protection of environment
Sobocik, Jakub ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
Diploma thesis aims at role of societies (as the predominant legal form of environmental non- govermental organizations in Czech republic) in the protection of environment. Author describes legal base of society as a type of legal person in a czech law and describes diverse roles of societies in the protection of environment in the subsequent part of the thesis. Afterwards, author briefly describes right to information in environmental matters which is a prerequistite for the participation of societies in decision-making concerning environmental matters. Individual forms of this participation are described subsequently with accent on environmental impact assessment. Lastly, access to justice in environmental matters of the societies is described, including possibility of arguing by substantive law in administrative law suits and possibility of asking for suspensive effect of this actions before court and possibility to bring an action against provisions of general character. Relevant judicial decisions are also taken into account in this part.
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The Right to Information on the Environment in the Context of Freedom of Information
Pochobradská, Veronika ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
The thesis describes an issue of the constitutionally guaranteed right to information on the environment. The aim is to provide an overview of an effective international and especially national legislation, compare both fundamental acts on information and highlight the insufficiency of the Czech regulation. Apart from the introduction and conclusion thesis contains four chapters. Preliminary presentation of fundamentals and principles of the legislation is followed by summary of sources of law. Attention is given to Aarhus Convention and two acts on information. Following chapters deal with the effective legislation and determine differences in the providing general information and environmental information. An overview of selected judicial decisions is included before final chapter. Particular attention is paid to the obligations arising under the Aarhus Convention and its implementation into legislation. Mentioned are main drawbacks of the regulation and related difficulties in application of law; possible legislation de lege ferenda is outlined as well.
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The regulation of hunting
Flax, Lukáš ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
in english The thesis provides general look at the legal regulation of hunting in Czech republic. Review of legal regulations and selected practice of courts is at given places supplemented with practical notes. As basis for the thesis served the obligations of human society in relationship to nature and animal wild life. The wide range of activities associated with hunting is construed in unity to those obligations. Hunting itself is subject to a short teoretical research, even on the ground of it's ethics. The history of hunting so many times already elaborated has been structured and arranged according to additional viewpoints.
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Protected areas and protective zones of nature and landscape
Fialová, Kristýna ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The diploma thesis deals with protected areas and protective zones of nature and landscape in environmental law. The main themes are National Parks and Protected Landscape Areas. The thesis is divided into eight thematically connected chapters. It deals with international, European and national sources of law. It describes basic characteristics of protected areas; deals with declaring protected areas, protective conditions and other ways of their protection. The separate sections are focus on the system NATURA 2000, Natural Park, Temporarily Protected Area and protective zones. The goal of this thesis is to analyze the law regulation of the land protection and highlight the problems of some institutes
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