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The Voluntary Tools of Environmental Protection
Švehlová, Nina ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The diploma thesis is focused on the voluntary tools of environmental protection, those representing a remarkably wide and variable group of tools. The aim of this thesis is to create an integrated and compendious overview of the previously mentioned tools applied not only in the Czech Republic, to outline its basic characteristics, ways of its usage, and its mutual combinations, including the analysis of the legal regulation of the voluntary tools. After the two introductory chapters dedicated to the environmental policy and the system of all tools of environmental protection the following chapter deals with the voluntary tools only, dividing them for the purposes of this diploma thesis into categories of regulatory, informative, and educational tools. Considering the extent of the topic, the author decided on a detailed analysis elaboration of the three chosen tools in the following part of the thesis. In the fourth chapter the diploma theses concentrates on the EMAS according to the Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community Eco-Management and Audit Scheme (EMAS), which is being compared to the second implementation option of Environmental Management System, that is represented by the internationally...
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Restrictions of the land ownership
Trčková, Michaela ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
This diploma thesis is focused on the legal regulation of individual institutes which mean the restriction of disposal of subject of the right of ownership. For the purpose of this diploma thesis the subject of the right of ownership means the land, respectively the plot within the intention of the Act No. 256/2013 Coll. on Land Register. The plot is an individualized part of earth surface which is determined by a boundary. In accordance with the above it is presumed that where the author uses "land", she means the plot. The aim of the diploma thesis is to present the detailed analysis of individual legal regulations which manage restrictions of plot ownership. It is clear that the topic of the diploma thesis is quite comprehensive, so the author has decided to present the basic concepts at first. The basic concepts are a land, real estate, plot and parcel and right of ownership. The author has build on the part of right of ownership the chapter two, which is about the restrictions of right of ownership that are laid down in the constitutional order and Act No. 89/2012 Coll., the Civil Code. Chapter two reflects the reasons behind the enactment of the restrictions of right of ownership in the legal order. The flagship part of the thesis is in the chapter three and four. This section is an analysis...
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The legal regulation of the environmental impact assessment
Vondrášková, Terezie ; Sobotka, Michal (advisor) ; Franková, Martina (referee)
The main goal of this thesis is to provide a description and analysis of the Environmental Impact Assessment (EIA), which is one of the significant legal tools of environmental quality protection. This process precedes the development consent to the project and his purpose is to identify and comprehensively evaluate environmental impact of a project. The first part of this thesis is focused on the international and European legal context of the EIA. This part introduces the key international treaties related to the EIA (the Aarhus Convention and the Espoo Convention), then an example of the EIA's integration into policy of one of the international organisations (an example of the World Bank) and the reflection if the EIA procedure can be considered as part of the international customary law. In the second part of this chapter the context of the European law (especially the revised Directive 2011/92/EU) and the current Czech legal regulation is outlined. The second part of this thesis consists of the analysis of the Czech legal regulation of the EIA under the Act No. 100/2001 Coll., on the Environmental Impact Assessment, with the emphasis on its recent amendments (especially the amendment of Act No. 326/2017 Coll. effective from 1 November 2017). In this part the essential elements of the EIA...
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Public participation in procedures under the Building Act
Vozák, Jiří ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
Public participation in the procedures under the Building Act Abstract This work deals with the participation of environmental NGOs in environmental decision-making with emphasis on the procedures under the Building Act. The purpose is to evaluate the level of public participation in the Czech Republic and assess whether it meets the international obligations. The protection of the environment relies on the activity of public authorities. However, the public participation also plays an important role in this matter. The public participation is a valuable tool of a democratic society, as it may help to protect the environment. The institute of public participation takes many different forms. The rights and duties related to the public participation may vary depending on its particular form. Natural and legal persons are both able to take part in decision-making of public authorities. Nevertheless, these two subjects have different position and may set up different claims in the administrative procedures. The institute of public participation is not regulated unanimously. The regulation varies upon different acts and areas of participation. The regulation of public participation exists at several levels - the international law, the law of the European Union, the national constitutional law and the Czech...
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Legal regulation of nature and landscape conservation in Brdy Protected landscape area
Abrhámová, Veronika ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
Thesis title Legal regulation of nature and landscape conservation in Brdy Protected landscape area Abstract The topic of this thesis is an analysis of the Brdy Protected landscape area from the point of view of nature and landscape conservation and its legislative regulation as well as some practical problems raising out from the new legislative regime of this territory. The thesis is focused on the description and analysis of specific legal institutes, especially the special territorial conservation of nature, which has been chosen taking into account the specifics of the protection regime in this area of protected landscape territory. The thesis is conceptually divided into two parts. The first deals with the general legal regulation of nature and landscape conservation, when it is connected with the second part which deals only with the Brdy Protected landscape area. The thesis consists of an introduction, seven chapters, and a conclusion. The first chapter is focused on nature and landscape conservation in terms of progression of legislative regulation applicable within our borders, comparation of advantages and disadvantages of major scientific approaches to such protection, and their incorporation into international and national law, with inclusion of introduction of the institutional structure of...
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The protection and sustainable use of forests from the legal point of view
Bašný, Vojtěch ; Stejskal, Vojtěch (advisor) ; Průchová, Ivana (referee) ; Franková, Martina (referee)
1 The protection and sustainable use of forests from the legal point of view Abstract The main goal of the dissertation is to provide a comprehensive analysis of fundamental sources of legal regulation of forest protection and sustainable use of forests, to identify main shortcomings of existing instruments and the possibilities to overcome these deficiencies in the future at the international level, European Union level, and the level of the Czech Republic. The dissertation deals first with the significance of the complex forest functions, through which the economic social, ecological, cultural and spiritual needs of the whole society are satisfied and are indispensable for all life on Earth. The legal regulation should strive to ensure the balanced use of forest functions by promoting the principles of sustainable forest management, the protection of forest functions and the general use of forest by the public. In view of the importance of forests beyond the borders of a state, the dissertation deals also with the status of the forest as a natural resource, which is fundamentally influenced by the principles of international and environmental law. In order to increase the responsibility of states for forest protection, it would help to regard forests as a natural resource of "common concern", the...
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Legal aspects of the protection of the network Natura 2000 in the Czech Republic, the Republic of Austria and the Federal Republic of Germany
Boučková, Adéla ; Damohorský, Milan (advisor) ; Franková, Martina (referee)
The aim of the rigorous thesis is to evaluate and analyze the legal regulations concerning the Natura 2000 network in the Czech Republic, the Republic of Austria and the Federal Republic of Germany, and to compare the implementation of the conservation measures regarding Natura 2000. The law comparison shall reveal common characteristics but also differences in the transformation and their consequences for the achievement of the objectives of the Habitats Directive and the Birds Directive. For this purpose, five criteria, which have a significant impact on the implementation of the EU nature conservation law, have been identified and on the basis of which the Czech, the German and the Austrian law has been compared. The first criterion concerns the state organization of the Member State, mainly if the structure of its legal system is unitary or federal and how it effects the Natura 2000 implementation. According to the second criterion, the procedure of Natura 2000 site designation is examined, mainly which type of legal act has been used for designation and whether there is a legal act for each site or it covers multiple sites. The third criterion relates to the integration of the Natura 2000 sites into national systems of special territorial protection of nature. In the case of overlapping of a...
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Legal principle of superficies solo cedit and its significance in land law
Švarc, Ondřej ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The topic of this thesis is the return of the legal principle of superficies solo cedit into the Czech legal order. The thesis aims at the comprehensive overview and the analysis of the issue of this principle based on its inclusion both in the historical and contemporary context. Another objective of this thesis is to look at the registration of the principle, including related institutes, into the public register - the cadastre of real estates. This thesis is divided into three parts. The first part of this thesis follows the development of the superficial principle across the history, including the comparison of its use in given legal orders. This section begins with a glance at Roman private law and its selected institutes which have been incorporated into modern Czech private law by the reception of Roman law. The room will be also given to the law of the Habsburg monarchy and the provisions of the ABGB, civil code that has been valid on our territory until the 1950. The last chapters of this part are devoted to land law in the socialist Czechoslovakia and, in particular, to the 1964 Civil Code. The following section is the core chapter of this thesis. It aims to offer a comprehensive view of the re-establishment of the superficial principle in the context of not only the 2012 Civil Code...
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Principle of formal publicity in the Cadastre of Real Estate and personal data protection
Tůma, David ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The Cadastre of Real estate has relied on a principle of formal publicity for a long time since the Cadastre integrates functions of both land registry and land cadastre. According to some authors, unfettered access to information in the Cadastre is the only possible way to meet its purpose. Such idea is in a violation of a right to privacy and personal data protection that were accepted as fundamental human rights, therefore I am convinced that there exists a necessity to find an equity between the value of privacy and the principle of formal publicity. The diploma thesis deals with contemporary legislation of Cadastre's publicity as well as its prior regulation. Every single important amendment concerning publicity is followed by a comment where I try to criticize it objectively with regard to the personal data protection. The first part of the thesis consists of a description of what a cadastre is and what the word means, history of land registry and land cadastres in the context of predecessors of the Czech Republic and finally the Cadastre of Real estate of the Czech Republic. There is a short section categorizing the principle of formal publicity among other principles applied to the Cadastre at the end of the part as well. The second part explains in general the value of privacy along with...
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Records in the Land Register
Zemanová, Renáta ; Franková, Martina (advisor) ; Drobník, Jaroslav (referee)
This thesis is focused on the records in the land register. This topic still has its relevance in the contemporary world and can appear in any person's life. That was one of the factors why the author had chosen this area for analysis. The other was her overall interest in property law and registration. The thesis is divided into two parts. The first is focused on the land register by itself and its role as an important source of information. In the beginning of the first part some typical concepts related to the land register are introduced. The next section is dedicated to the brief history of the property registration which is considered to be useful for the better understanding of the contemporary legal regulations. Those are discussed in the next chapter together with the position of the land register by itself, its purposes, content and structure. The special attention is paid to the objects in question - concretely the properties registered by this institution. The second part of this thesis, the most extensive, focuses on the particular acts of recording into the land register - registration, record, note and respective proceedings. In the first part of the second section, the rights which are objects of the records are mentioned. The most commonly used is the right in property, which is...
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