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Fireworks as another unnecessary source of pollution not only in times of energy and climate crisis
Balounová, Kamila ; Novák, Adam
The energy crisis caused by the war in Ukraine has forced most European countries to look for energy sources other than oil and gas from Russia. As a result of that situation, energy sources that pollute the environment with harmful substances have often been restarted. Energy independence on Russia required not only the commissioning of these energy sources, but also deepened the economic crisis that many countries faced after the COVID-19 pandemic. Nevertheless, European countries and their residents have not yet given up on expensive fireworks shows, which release a lot of greenhouse gases and other harmful substances into the atmosphere. The contribution aims to evaluate the current issue of the use of fireworks from an environmental and economic point of view, to further evaluate the existing legislation and to outline the possibilities of limiting the use of fireworks in the Czech Republic through legal measures, with the simultaneous use of a comparison of the existing legislation in Germany, France, Luxembourg and the USA.
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Law in the age of uals
Eliáš, Karel
In this study, the author reflects on law and lawyering in modern times. The term ual was coined by philosopher and economist Tomas Kulka. It denotes intellectuals without intellect - a typical ual is a university graduate who knows what is currently intellectually fashionable, knows what is socially passé in scientific discourse and what is currently being debated, likes to boldly engage in discussions with references to fashionable authorities (Derrida, Foucault ...) and by choosing words such as paradigm, post- (modernism, etc.) and other incantations that they usually do not understand in depth. The result is chatter and superficiality. Law is one area where the Uali entity can present itself well. Weyr nearly a century ago and Bejcek quite recently characterized our law schools as law school puppy mills that have little in common with the ethos of universities. This is reflected among academics in faculties where conformism is growing, subject to bureaucratic evaluation of scholarship - how much one writes and where one publishes is more relevant. The result is a limited ability of practitioners to apply the law and the threat of turning lawyering into pedantry. The legislature is happy to accommodate this by proliferating statutory rules, progressively more and more detailed, and so the circle is complete. The author concludes by pointing out that society and science have found themselves in comparable situations several times, but that the voice of reason has always prevailed in the end.
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Possibilities of Response to Contagious Diseases in EU law: critical assessment and recommendations in the light of the COVID-19 pandemics
Malíř, Jan ; Svobodová, M. ; Křepelka, F. ; Mádr, P. ; Peterka, B.
The present report, the principal output of the TAČR project No TL04000052, critically analyses the possibilities for an EU response to contagious diseases, as they stem from existing EU law and, also, from the new legislative drafts, in particular those related to the European Health Union project. On the grounds of this analysis, further steps are recommended that would be appropriate in the light of the experience of the Covid-19 pandemic, in particular in the area of the division of competences between the EU and the Member States, in the area of early warning and response, in the area of building strategic autonomy, in the area of movement of people at the EU's internal and external borders and in the area of movement of goods.
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Poskytování zdravotních služeb začínajícími lékaři a s tím související občanskoprávní odpovědnost
Smrž, Ivo
Cílem článku je provést analýzu, jak český, německý a britský právní řád upravují problematiku vymezení kontroly a dohledu nad začínajícími lékaři, včetně s tím související občanskoprávní odpovědnosti za újmu na zdraví. Nejprve bude analyzován přístup zastávaný ve Velké Británii a v Německu. Se zřetelem k takto získaným poznatkům následuje rozbor problematiky odborného dozoru a dohledu nad začínajícími lékaři v českém právním řádu, včetně tematicky specifických otázek odpovědnosti za újmu na zdraví způsobenou porušením povinnosti poskytovat zdravotní služby na náležité odborné úrovni nejen ze strany začínajících lékařů, ale i lékařů je kontrolujících a rovněž samotných poskytovatelů. Součástí článku je rovněž exkurz do problematiky kvalifikace začínajících lékařů jako zkoušejících v medicínském výzkumu.
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SWIFT as a Tool Not Only for European Integration
Matejka, Ján ; Schlossberger, Otakar
The paper discusses the importance of The Society for Worldwide Interbank Financial Telecommunication (hereinafter 'SWIFT') not only for European integration. It partially maps its historical development with emphasis on the importance for mutual communication between financial institutions. At the same time, however, it can be a very suitable means of obtaining a range of information as evidence for criminal proceedings in clarifying financial crime offenses. In their research, the authors deal with various approaches to the processing of data obtained from the SWIFT system, which will be submitted to law enforcement authorities. These documents can then be linked to other information, which in turn will help clarify possible financial crime, especially in cross-border, or foreign overlap. The authors' study is based on the hypothesis that 'SWIFT information can contribute to the clarification / detection of financial crime'.
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Is the European Union in line with the Paris Agreement? Assessment of the EU’s 2030 Climate Targets
Balounová, Eva
As a part of the European Green Deal, the EU increases its ambitions in climate change mitigation. This contribution assesses the EU’s 2030 climate and energy framework in light of the obligations under the Paris Agreement with a focus on three main targets: the target for CO2 emissions reduction, the target for renewables, and the target for energy efficiency. The obligations under the Paris Agreement are mainly procedural, however, the Parties should aim to hold the increase in the global average to well below 2 °C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5 °C. Also, the contributions of the Party should be progressive and reflect its highest possible ambition.
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Reasons Provided for Sentences as the Only Manifestation of Accountability for Sentencing Discretion: New Solution to An Old Issue
Drápal, Jakub
The inssuficient quality of reasoning for the sentences imposed provided by Czech courts has often been criticized by the academia, the legislator, and even the judiciary itself. In this paper I present a new way tu structure the process of providing reasons for sentences imposed which incites judges to explicitly state all the factors influencing sentences, with special focus on the weight each factors carries and how are all factors considered together when arriving at the final sentence. Procedural simplicity and efficiency is sought in order to ensure its easiest application in practice.
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Never Build Heart of the State. Efforts to Build a New Parliament Building and Government District in Interwar Prague and Their Failure
Kober, Jan
The paper gives a short overview of the efforts to build the new building of the Parliament in Czechoslovakia between 1919 and 1928. In 1919, the Parliament moved to larger building of the Rudolfinum, the most important Prague concert and art exhibition hall. On the other hand, the pre-war endeavours to build a monumental university quarter at Letná plain were revised into the monumental parliament and government district after 1919. The paper follows two architectural competitions on Letná Plain (1920, 1928) as well as (selected) controversies between various actors (Parliament, State Regulatory Commission, Governmental offices, ambitious architects and professional organisations).
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