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Role of Courts in Environmental Protection
Šnejdrlová, Zuzana ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
TITLE: Role of Courts in Environmental Protection AUTHOR: Zuzana Šnejdrlová SUPERVISOR: Prof. JUDr. Milan Damohorský, DrSc. ABSTRACT: This thesis deals with the role of courts in protection of the environment on the international, European and national level, when on the national level it deals with the areas of constitutional and criminal law. Based mainly on the analysis of activity and the case law of the courts, the aim of the thesis is mainly to determine the development of the role of courts in protection of the environment, which means whether the number of cases brought before court increases and whether court decisions affect protection of environment positively or not. To achieve this objective, methods as abstraction, analysis, synthesis, deduction, comparison and statistics are used. Using these methods it was found out that although case law in certain areas of protection of environment is fragmented and not much rich, which is mainly due to the fact that this area of law is young and dynamic and the substantive law is fragmented and unclear, the role and importance of the courts in protection of environment grows with the increasing number of cases handled. The issue and the problem to face in the future will be enforcement of judicial decisions. KEYWORDS: Environmental Protection, Role of...
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Implementation of the Third energy package into the legal order of the Czech Republic
Jančuška, Michal ; Damohorský, Milan (advisor) ; Humlíčková, Petra (referee)
Implementation of the Third energy package into the legal order of the Czech Republic Summary This thesis discusses the implementation issue of the Third energy package, also known as the Third liberalization package, into the Czech national law. It consists of three regulations and two directives of the European Union, which determines the energy politics both on the European level and on the level of the member states. The first part of this thesis describes the ancestors of the Third energy package and their accomplishments or failures together with reasons for creating the next generations of liberalizing legislation. The author describes the liberalization in the form of the legal, functional and accounting unbundling separately for electricity and gas industry at the European level, and then the implementation at the level of the Czech legislation. In the next chapter it is further explained, what were the European legislator's incentives for creating the Third energy package, and what new institutes it stipulates. It is herein described that the European Union came with three different unbundling versions of the transmission system operators (TSO) - Ownership unbundling (OU), Independent system operator (ISO) and the Independent transmission operator (ITO). Requirements of all of the three variations...
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Principles of environmental protection and their application in international, European and Czech law
Tvardíková, Tereza ; Damohorský, Milan (advisor) ; Snopková, Tereza (referee)
Úvodní část je věnována obecnému výkladu pojmu právního principu, stanovení výchozí definice a její zdůvodnění, závěrem je uvedena typologie principů. V této práci tedy pojednávám o principech jako vůdčích myšlenkách právního odvětví , které se vyznačuj í vysokou mírou obecnosti a tvoří rámec právní úpravy. Mají stěžejní nenahraditelný význam pro tvorbu, interpretaci i aplikaci práva. Principy hrají v právu klíčovou roli na všech úrovních: mezinárodní, evropské i národní, české. Představují nenahraditelnou pomůcku při tvorbě nejen právních norem, ale i nezávazných dokumentů, jenž mají obrovský význam zejména v mezinárodním právu životního prostředí , které svými požadavky mnohdy koliduje s tradičně pojímanou státní suverenitou i s ekonomickými zájmy států, a proto s e společný mezi státní konsenzus nutný pro přijetí norem "hard law" čas to nepodaří nalézt. Dále se zaměřuj i již na právo životního prostředí a třídím jeho principy podle míry jejich obecnosti do dvou hlavních kategorií na principy obecné (tedy takové, které mají dopad i na jiná právní odvětví než právo životního prostředí ; dále je ještě člením na nezměněné a modifikované) a specifické, jež jsou formovány specifičností předmětu práva životního prostředí, jímž je regulace lidských vztahů při ochraně životního prostředí . Tyto se pak rozpadají...
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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 role of state in securing nuclear safety
Houšková, Ivana ; Damohorský, Milan (advisor) ; Žákovská, Karolina (referee)
102 Summary The role of state in providing nuclear safety The goal of this paper is to reflect on development, present situation and future progress in nuclear safety in Czech republic, European Communities and whole world. This thesis in composed of eight chapters. The first chapter describes general use of nuclear energy and ionizing radiation. The second chapter presents definition of nuclear safety. The third chapter outlines work of international organizations in nuclear safety (especially Internalional Atomic Energy Agency and Western European Nuclear Ragulators' Association) and mentions international treaties dealing with nuclear safety and related topics. The fourth chapter looks at creation of community framework of nuclear safety. The fifth chapter includes information about development of atomic law in Czech republic with emphasis on creation of Act No. 18/1997 Coll on Peaceful Utilisation of Nuclear Energy and Ionising Radiation (Atomic Act). The largest chapter is the sixth chapter which describes providing nuclear safety in Czech republic today. This chapter describes nuclear safety, radiation protection, emergency preparadenes, liability and waste management safety fundamentals in its subchapters, but main attention is paied to The State Office for Nuclear Safety (SÚJB). The first part of...
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Food industry in the Czech Republic and abroad
Huml, Ondřej ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
The topic of this thesis is Food Law in the Czech Republic and Abroad. The purpose of the thesis is to introduce food law of the Czech Republic and England, with an emphasis on EU food law. As this field is very broad, only basic attributes and some interesting parts and issues of food law may be covered. The thesis is divided into seven chapters. In the first chapter relevant legal sources are introduced. Food law is regulated by many rules. Generally, these sources may be divided into primary and secondary legislation both at national and EU level. Furthermore, some important international aspects of food law are laid down as well. The second chapter simply is to present legal definitions of essential terms within the scope of Czech and EU law. The third chapter is crucial one for following chapters as it establishes most of general principles in environmental law as well as principles specifically applicable in the field of food law. It is often referred to these principles later in the thesis. Furthermore, this chapter also contains an introduction of the European Safety Food Authority and the Rapid Alert System for Food and Feed as well as many ways of national control of food safety. Next chapter deals with food labelling and packaging. It is described which legal conditions have to be...
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Energy law in the European Union
Flášar, Petr ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
88 Summary Energy law in European Union This thesis focuses on the development and current situation in a sphere of Energy law. Energy is a key sector in the European Community which is becoming increasingly integrated both politically and economically and whose geopolitical responsibilities are widening. First Chapter concerns with the development of energy policy in European Union. Among first documents were important white and green papers, which laid down the foundation of European energy law legislation. For international energy situation was significant The Energy Charter Treaty as a unique instrument for the promotion of international cooperation in the energy sector. Second Chapter deals with renewable sources of energy. This area has a great importance nowadays and big volume of legislation which highly affects member states of European Union. Prominence of this chapter is climate action and renewable energy package. This package consists of several directions and one regulation and decision. Main aim is focused on reducing greenhouse gas emissions and increasing share of renewable energy sources. Legislative framework of strengthening and expansion of the Emissions Trading System is content of the third Chapter. There is an explained foundation of this system and progress during last year's. The...
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Viniculture and wine-production from the legal point of view
Doležalová, Jana ; Damohorský, Milan (advisor) ; Drobník, Jaroslav (referee)
The title of the thesis is "Viticulture and winemaking from the legal point of view". The purpose of my thesis is to analyze the Czech legislation of viticulture and winemaking. It is important to include the law of the European Union because it directly regulates the national legislation. The aim of this thesis is to give a complex insight into the valid viticulture and winemaking law. The thesis is composed of seven chapters, each of them dealing with different aspects of the topic. The first chapter is introduction and provides only starting point of the thesis such as terminology. Chapter two is subdivided into six parts and surveys historical background of viticulture and winemaking in the Czech Republic. Each part is devoted to one important era starting in antiquity and explores the evolution till current situation. Chapter Three shows viticulture and winemaking law in the context of the Czech legal system and highlights links between mentioned law and environmental policy. Chapter Four characterizes current EU legislation and focuses on regulations concerning common agricultural policy in the sphere of viticulture and winemaking. Chapter Five outlines Czech legislation and is subdivided into seven parts. It is the main part of the thesis and it reports on the current Czech regulation of...
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