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Legal regulation of consumer electricity production from renewable resources
Brada, Lukáš ; Damohorský, Milan (advisor) ; Franková, Martina (referee)
Legal Regulation of Consumer Electricity Production from Renewable Resources In the thesis I analyse Czech and EU legal regulation of consumer's electricity generation from renewable energy sources. If consumers generate their own electricity from onsite renewable energy systems, they consume less electricity from the grid. Consumers are their own electricity suppliers and reduce their energy bills. Decentralised renewable energy generation can usefully complement centralised generation sources. The main focus of this thesis is to analyse Czech regulation in the area of decentralised elektricity generation from renewable energy sources. Czech republic should take further appropriate measures in order to allow a higher penetration of electricity from decentralised renewable energy sources. The move towards decentralised energy production has many benefits, mainly the benefit of reduce greenhouse gas emissions.
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Confiscation and the Allotment Procedure pursuant to Presidential Decrees in Czech Case Law
Tomáš, Radek ; Kuklík, Jan (referee) ; Franková, Martina (referee)
This thesis deals with the reflection of confiscation and the allotment procedure pursuant to presidential decrees in Czech case law. In numerous cases, the allotment procedure has still not been completed or persistent problems arise from it in the area of legal relations to immovables and their registration up to the present day. The thesis analyses and categorises relevant statutory and case law based upon the material criterion. The result is a set of clearly defined thematic groups of the most significant judgements covering the individual problems identified and an analysis of the stability of the case law or the lack thereof in the individual thematic groups particularly in relation to the principle of legal safeguard which - as this thesis argues - gradually becomes more and more important in relevant Czech case law.
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Environmental migration and legal instruments of its prevention in the Czech Republic
Chaloupková, Alena ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The thesis deals with the issue of environmental migration and with possible legal instruments of its prevention in the Czech Republic. Based on an analysis of the extent of the issue, it identifies three areas of environmental migration causes that are relevant in the conditions of the Czech Republic: (1) climate change and its impacts, (2) implementation of development projects, and (3) industrial accidents and pollution. It analyses and evaluates important legal instruments of prevention and protection of the inhabitants in these areas. In particular, climate protection, adaptation to climate change impacts (floods and droughts), protection against excessive resettlement due to development projects (mining, water reservoirs and building of roads), protection against industrial accidents and air protection are assessed. In conclusion, the findings are summarized and the most important legal deficiencies are formulated, eventually some modifications de lege ferenda are proposed.
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Conflict of environmental protection with the right to inviolability of the home
Chobotová, Tereza ; Sobotka, Michal (advisor) ; Franková, Martina (referee)
The protection of fundamental rights and freedoms is the basic element of every modern democratic society. These rights are regulated in many international treaties and at the same time the states set them out in their constitutions. The Czech Republic is no exception. In the application of fundamental rights conflicts occur from time to time, and one of the rights must retreat to another. This thesis deals with the collision of the right to favourable environment and the right to inviolability of the home. The main theme is the new regulation of the Act no. 201/2012 Coll. on Air Protection, which from January 1st , 2017 allows the direct control of the combustion stationary air pollution sources and fuels in the households.
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Expropriation of Real Estate
Škvorová, Markéta ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The diploma thesis entitled "Expropriation of Real Estate" aims to clarify and analyse the legal regulation of forced withdrawal or limitation of the property right to real estate or rights of easement. It does not neglect the changes brought by the recodification of private law. The topic is not a new one, but it is undoubtedly topical, especially with regard to the importance of property rights itself and overlapping of public law with private law. The expropriation of real estate as the most serious interference with property rights is the ultimate means of fulfilling the needs of public interest. For this reason it can be decided only upon fulfilling all conditions stated by law. Based on analysing the English legislation of the expropriation of real estate and critical evaluation of the Czech legal system, attention is drawn to deficiencies and considerations de lege ferenda and through which there are recommended changes to be made in the Czech legal regulation.
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Legal regulation of hunting associations
Cvrček, Tomáš ; Damohorský, Milan (advisor) ; Franková, Martina (referee)
in English This diploma thesis concerns legal regulation of hunting associations and their activities in the Czech Republic. The thesis is divided into four parts, which may be further divided into individual chapters and subchapters. The first part of the diploma thesis outlines the development of hunting, development of hunting associations and their legal regulation. The following part of the diploma thesis, which is at the same time its building stone, analyses the individual aspects of the legal regulation of the hunting associations and their activities, namely the general legal regulation, represented primarily by the Civil Code, and a special one represented especially by the Hunting Act. The third part of the diploma thesis gives a look at some concrete controversial cases, which the author encountered in practice. The last part of the diploma thesis brings several proposals de lege ferenda. The aim of the diploma thesis is to analyse in detail the current legal regulation of the hunting associations and their activities, and to answer the question of which rules governing the hunting associations and hunting activities on the territory of the Czech Republic apply.
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Role of the European Union in protection of the marine environment
Andreska, Dominik ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The presented thesis focuses on marine environmental law. Aside from providing an overview of marine environmental law on both intenational and European Union (EU) level, the thesis aims to show through an analysis and comparison, what the European Union takes on in the marine environment protection. The thesis approaches the EU in two different aspects, first as an supranational entity and second as an international organisation. The thesis in detail compates the international and EU law on prevention of vessel source pollution or pollution from land-based sources. It also includes an analysis of the new Framework directives on marine straegy and maritime spatial planning. The thesis arrives at conclusion that the duality of the EU being a supranational organisation on the one hand and an international organisation on the other enables the EU to achieve more stringend protection of maritime environment of European seas and also gives the EU better negotiating position as an actor on the international level.
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Legal aspects of appellation of quality, origin and tradition of groceries in the Czech Republic and in other EU countries
Hájková, Klára ; Damohorský, Milan (advisor) ; Franková, Martina (referee)
in English This thesis creates a complex overview of quality marks used on food in the Czech food market both strictly Czech and originated in the EU legislation as well as decribes the procedure of their creation, legal forms of use and control system. It discusses their legal basis in international law, European law and Czech law and their legal aspects mainly in industrial property law and food and agriculture law. It then compares and contrasts the legal base with the Austrian legislation and analyzes the differences and simmilarities in these two countries and also evaluates its social context. The aim of this thesis is also to clarify the term 'quality'as understood by each of the quality marks and hence on to devide these marks into different categories.
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Environmental Impact Assessment and Public Participation.
Michek, Jan ; Humlíčková, Petra (advisor) ; Franková, Martina (referee)
The topic of this thesis is Environmental Impact Assessment and Public Participation. The structure of the thesis consists of six chapters that are further divided into several sections and subsections. The first chapter introduces the concept of EIA in reference to the principles upon which the concept is based on. The following chapter addresses a number of international and EU legal documents related to the concept of EIA and its legal regulation. The third and fourth chapter should be considered as a fundamental part of the thesis, which focuses on the legal regulation of the concept of EIA in the Czech Republic and the Act No. 39/2015 Coll., amending the act on environmental impact assessment. The last chapter summarises and evaluates the findings of the previous chapters.
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Environmental Compartments and Ownership Rights
Tecl, Lukáš ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
This thesis deals with the relationship between property rights and the protection of environmental compartments. The thesis is divided into chapters corresponding to individual compartments, namely soil, minerals, energy, water, air, organisms and ecosystems. Each chapter defines given compartment and then describes its current Czech regulation. This thesis doesn't deal with all legislation in the area of environmental protection, but only with provisions related to ownership, namely whether given compartment can be an object of property rights and if possible whether its owner's treatment of this compartment can be restricted in the interest of its protection. Some chapters are further divided into sub-chapters due to quantity of laws concerning corresponding environmental compartment, e.g. the chapter about ownership of organisms differentiates animals from other organisms and further divides them into animals in captivity and free-living ones. Chapters about soil, minerals, water and organisms are ended with partial conclusions summarising my knowledge and thoughts about their respective topics, while the conclusion of the thesis as whole represents combination of synthesis of those partial conclusions and my opinions on overall legal regulation of property rights to environmetal compartments.
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