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Criminal Law Protection of the Environment
Kříž, Jan ; Sobotka, Michal (advisor) ; Stejskal, Vojtěch (referee)
Criminal Law Protection of the Environment The subject matter of this diploma thesis is the topic of criminal law protection of the environment in the Czech Republic. The main attention is paid to the current legal regulation of criminal offenses against the environment in the Criminal Code. In addition to a more detailed analysis of the individual criminal environmental offenses, the thesis deals with the basic theoretical background of the criminal law protection of the environment, with the issues of legal liability in the field of environmental law and with the comparison of criminal liability with administrative liability. Further is discussed the question of criminal liability of legal entities in connection with environmental protection and at last but not least is also described the historical development and current forms of individual international, European and national legal sources of criminal protection of the environment. Keywords: Environmental Protection, Criminal Liability, Environmental Crime
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Legal aspects of water retention in the landscape
Houžvičková, Markéta ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
Legal aspects of water retention in the landscape Abstract This diploma thesis deals with the legal aspects of water retention in the landscape in response to the current problems associated with impaired landscape retention capacity such as drought, erosion or floods. The author first outlines the factual and legal context of the issue, which is followed by an analysis of conceptual, administrative-legal and economic instruments of the Czech legal order that can improve water retention capabilities of the landscape. The diploma thesis analyses the relevant instruments of the Water Act, Forest Act, Act on the protection of agricultural land or Act on protection of nature and landscape. Consequently, it deals with the role of land-use planning, land consolidation and environmental impact assessment for the issue. The thesis includes comprehensive evaluation of the relevant legal regulation in terms of its effectiveness and possible proposals de lege ferenda.
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Public participation in land-use planning
Dvořák, Adam ; Derlich, Stanislav (advisor) ; Sobotka, Michal (referee)
1 Abstract This thesis analyzes and describes legal possibilities, which are given to the public for participation in land-use planning. The aim of this thesis is to reach to conclusion, if the public can, as one of the subjects of land-use planning, play a crucial role in this matter or if her role is rather marginal. The author firstly defines the basic terms as "public" and "land-use planning". Besides, he outlines the issue of the status of environmental associations, which is one of the main topics of this thesis. Subsequently, he categorizes land-use planning tools into conceptional and implementation tools. Further, he continues with basic characteristic of individual tools and their mutual relations. For each tool, he describes its function, content and typical features. In following chapters, author detailly describes and analyzes concrete public possibilities, means and tools for participation in land-use planning. He always doing so in the relation to specific land-use planning tools. The analysis is not limited only to the current state of legislation, but also examines its development since the adoption of the Building Act in 2007. The crucial object of the analysis is the relevant court case law, which is in this thesis detailly described and discussed and which in last few years has undergone...
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Legislation of handling of special sources of danger to the environment
Michálková, Tereza ; Stejskal, Vojtěch (advisor) ; Pekárek, Milan (referee) ; Sobotka, Michal (referee)
Thesis "Legislation of handling of sources of danger to the environment" Abstract The thesis deals with material sources of danger to the environment in terms of legal forms of environmental protection from negative impact of these sources. The topic was narrowed at the beginning of the thesis to waste and chemicals so now it represents these two huge and significant groups of threats to the environment. The reason to narrow the topic was existence of a very large scale of different sources of environmental danger and that could cause shattering of the topic during writing the thesis. The thesis describes in individual chapters various forms of waste and chemicals handling in mutual relationship with legal obligations of subjects of law. The thesis at the same time attempts to evaluate valid legislation in terms of sufficiency of legal obligations and whether these obligations are clear and specific enough to enable high level of protection of the environment and human health (at least). Czech waste management legislation is massively influenced by directive of European union waste law, so the thesis compares intention of union legislator (if it is available) with the results of czech transposition. The waste and chemicals handling chapters are connected with supporting chapter about various forms of legal...
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Legal instruments of energy efficiency
Kudlík, Leoš ; Pokorný, Jiří (advisor) ; Sobotka, Michal (referee)
Legal instruments of energy efficiency Abstract and key words The diploma thesis deals with energy efficiency as a unique source of energy. The subject of this thesis is to specify key legal instruments of energy efficiency, i.e. conceptual, administrative and economical instruments. The diploma thesis is divided into five chapters. In the introductory chapter, being called Energy Policy, there is a brief outline of the background of energy politics on both the international and EU level, including environmental protection. This introductory chapter also ranks the Czech Republic among countries with high energy performance. Energy efficiency is the opportunity to lower its energy performance. The second chapter, Legal Instruments of Energy Efficiency, defines legal instruments of energy efficiency as a part of environmental protection. This chapter is a general one; the instruments are concretized in the following chapters. In addition, this chapter focuses on the principle of sustainable development, as well as issues related to human factor, climate conditions and rebound effect. The third chapter, called Conceptual Instruments, provides further information relating to conceptual strategies of energy efficiency. For the EU conceptions, key directives are mentioned to regulate energy efficiency, namely the...
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Legal regulation of watersourse protection
Altmann, Martin ; Sobotka, Michal (advisor) ; Derlich, Stanislav (referee)
Thesis title: Legal regulation of watercourse protection Abstract Watercourses are the most important form of surface water occurrence in the Czech Republic, and therefore their condition also significantly affects the overall state of all our aquatic ecosystems. Despite of it, the ecological and chemical status of watercourses is still not satisfying. This fact requires an increase in the efficiency and complexity of their legal protection, which is the subject of this thesis. The aim of the first part of this thesis is to describe the national legal regulation of watercourses protection in the context of European and international law. At present, national and international legislation is significantly influenced by European legislation provided by the Water Framework Directive. The first part pays attention to the instruments of national legislation, that are relevant to the second part of the work. The first aim of the second part of this thesis is to analyse the basic measures proposed in the two selected sub-basins in order to achieve the objectives of the Water Framework Directive, particularly the good water status. Following this analysis, the second aim is to find out what specific instruments the current legislation provides for the realization of the proposed measures and whether these...
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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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Project Risk Management in a Particular Company
Sobotka, Michal ; Jiří Koukal, MSc., MBA (referee) ; Adamec, Vladimír (advisor)
This master's thesis is focused on risk management in a particular project in a particular company. The opening part deals with the principles of customers loyalty programs, formulation of goals and the main methods used for risk identification and quantification. The analytical part contains an analysis of the current state of the company and a description of the project and its plans. The main task of this work is to identify and evaluate project risks and propose measures to reduce their severity. The output of the thesis is an inventory of the risks of the project, which can serve also for other projects of the company.
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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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Building law environmentalisation - status quo and perspectives
Židek, Dominik ; Sobotka, Michal (referee)
The dissertation deals with a phenomenon called building law environmentalisation. The aim of this thesis is to analyse the basic factors leading to the entry of environmental influences into the processes of public building law on the basis of legal regulations, doctrinal opinions and very extensive case law of the administrative courts. The main content of the thesis is the analysis of these factors and the subsequent generalisation of the conclusions of the analysed phenomenon. The thesis answers the question: what is the extent to which is the current public building law influenced by "environmental acts"? Thus what does specifically influence the processes of public building law by environmental law and what is the extent of this influence? The text of the dissertation is divided into seven chapters. The first three of them can be perceived as a gradually concretized general framework of the problem, from the initial facts about the EU legal requirements, through the basic characteristics of the building law to the detailed analysis of the individual administrative tools ("final" administrative acts) of building law. The next three chapters are devoted to the detailed examination of mechanisms for assessing and taking into consideration the interests of environmental protection in "decision-...
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