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Conceptual tools of spatial planning and its specifics in specially protected areas in Šumava
Komárek, Matěj ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
Conceptual tools of spatial planning and its specifics in specially protected areas in Šumava The thesis concerns with the relation between nature and landscape protection and spatial planning in Šumava. In Šumava we find Czech biggest national park and the whole area is protected with some other territorial protection tools of landscape and nature. Simultaneously we find in Šumava a large number of villages some of them located in the most strictly protected areas. In 2017 an amendment to the act no. 114/1992 Coll., on nature and landscape protection, was approved. The thesis was created at the turn of 2019 and 2020 when some territorial protection tools, such as quiet zones in national park, national park management plans and national parks zoning systems were redefined based on the 2017 amendment. This amendment has changed significantly the protection tools of landscape and nature and strengthen its role in the national parks. The mayors of municipalities were outright against the amendment and argued that as a result of this amendment the development of the villages would be limited. The thesis concerns with specifics of conceptual tools of spatial planning in Šumava, i. e. how the villages are limited in its territorial development by the existence of specially protected areas, also...
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Operation of a collective system according to the End-of-Life Products Act
Mehl, Jakub ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
Operation of a collective system according to the End-of-Life Products Act Abstract This thesis deals with the operation of a collective system for fulfilling the obligations of producers of electrical equipment, batteries and accumulators and tyres. This is a current and from the environmental perspective very important issue, which is not only almost unknown to the general public, but also the professional public does not approach it with due attention. The main objective of the thesis is to analyse the new legislation and assess whether it may contribute to the transition to a circular economy. The sub-objectives consist of summarising the evolution of waste management in the Czech Republic with regard to the background resulting from European Union law, presenting the collective system as an alternative platform for the fulfilment of environmental obligations of producers and taking into account the approaches applied in the European Union Member States, as well as providing suggestions for potential amendments. The thesis is divided into five chapters. The first chapter concerns the development of the approach to waste management, focusing primarily on European Union law and principles, at the same time it explains the reasons for the adoption of the current national legislation. The second chapter...
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Legal aspects of operating leisure activities in nature
Kamler, Jindřich ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
1 Legal aspects of operating leisure activities in nature Abstract The purpose of the work was to examine the legal regulation of engaging in leisure activities in nature with the aim of assessing whether legislators have managed to adequately balance the public interest in environmental protection while also establishing a regime that does not hinder people's access to natural resources. The focus is primarily on the regime within specially protected areas and in forests. In the thesis, I emphasize the clarity of the legal framework, as it is immensely important due to the limited possibility of enforcement in the field of environmental protection. A well-informed operator of leisure activities is more likely to adhere to established rules and thus not harm nature. This is, in fact, the goal of the legal regulation, since environmental damage is often irreversible. In the thesis, I arrive at the conclusions that the legal regulation of leisure activities in nature adequately protects the environment through a wide range of mechanisms, simultaneously allowing for limitations to be set in a manner that keeps natural resources accessible. However, the legal framework is not sufficiently transparent for the average user, which could lead to their resignation from adhering to the established rules....
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Climate Litigation
Baránková, Barbora ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
Climate Litigation ABSTRACT The topic of this thesis is climate litigation, as an increasingly more popular tool used in attempts to hinder climate change. Climate litigation consists of a truly diverse group of cases submitted to a wide range of adjudicatory bodies. The objective of this thesis is to provide a definition and basic typology of climate cases, to analyse the requirements for their success and their impact on climate change policy. The thesis analyses climate cases from all over the world, as well as from the Czech republic. The thesis is divided into six chapters. The first chapter offers a brief information on the consensus regarding the urgency of climate change and an overview of the most significant instruments of climate protection in international law. The second chapter attempts to introduce a definition and a fundamental typology of climate litigation. The chapter further identifies the concepts of success and positive impact of climate litigation on climate change regulation. The focus is also on strategic litigation, which is becoming on of the most successful types of climate litigation. The third and fourth chapter analyse in detail the characteristics of international and national climate litigation. The author primarily observes the similarities and differences in the categories...
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Binding opinions as an instrument of environmental protection
Marko, Jakub ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
Binding opinions as an instrument of environmental protection Abstract The whole concept of binding opinions is undergoing major changes nowadays, mainly due to an ongoing recodification of construction law. The transformation is the final part of a long process of sharp criticism that binding opinions have already been subject to. The important instrument for protecting public interests is criticized for its complicated and fragmented legislation, an ambiguity of its form and a division of competences between state agencies. However, is the critique legitimate? What is the current state of binding opinions? What role do they play in an environmental protection? What are the procedural and substantive aspects of the matter? The first part of the thesis describes a current state of a global and local environment, a state of its parts, important factors, trends, and prospects, with a closer look to different approaches to understanding the environment. The second part describes an effective regulation of the environment in the Czech legal framework. It deals with a history of a legal regulation, the role of state in protecting the environment and analyses potential instruments that the state can use to fulfil its obligations. The third- and fourth-part deal with an introduction to the effective legal...
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Specifics of Landownership in Specially Protected Areas
Allohová, Natálie ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
1 ABSTRACT Specifics of Landownership in Specially Protected Areas The thesis deals with specifics of landownership in specially protected areas. The objective is to describe and analyze institutes that a landowner is presumably to encounter in specially protected areas. The thesis also presents the specifics related to the state as landowner in specially protected areas. First chapter as an introduction to the issue presents groundings of specially protected areas in legislation of the Czech Republic. Second chapter firstly provides a definition of landowner in specially protected areas. In connection with the state as landowner in specially protected areas, the rest of the second chapter is dedicated to latter mentioned issue. Followed by an introduction of fundamental institutes that the state implements in terms of achieving the aim of the state being the majority landowner of selected specially protected areas due to its uniqueness. The legal regulation of specially protected areas imposes significant restrictions on ownership rights in real property, more significantly on landownership. After briefly introducing the issue of restrictions on ownership, the third chapter deals with restrictions on ownership (landownership) in part six of Act no. 114/1992 Coll., on Nature and landscape protection. Some...
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Light pollution regulation alternatives
Dobrianská, Kristýna ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
Light pollution regulation alternatives Abstract This diploma thesis deals with the subject of light pollution, the harmful effects of artificial (anthropogenic) light on natural nocturnal environment. The issue was first brought up some decades ago by astronomers whose night sky observations started to be obstructed by sky glow - one of the three types of light pollution. But there are far more reasons to re-evaluate the way and intensity with which we illuminate our surroundings. The natural day/night cycle and the way it changes throughout the year regulates the timing of biological processes of almost all life on Earth. Its disruption affects the orientation, reproduction and development of most animal and plant species. Humans are no exception - night-time artificial light exposure can lead to sleep disorders, depression, cardiovascular diseases and even increases the prevalence of some types of cancer. The first chapter of this thesis focuses on the complexity of the issue that is light pollution. The rest of it deals with the possible ways of regulating it. Chapter two presents a summary of supranational efforts to minimize light pollution from all relevant fields, including the steps taken by the European Union so far. The third chapter compares the legal approaches of individual countries to the...
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Limitations of the rights of the property owner for the purpose of nature and landscape conservation
Hrabánková, Monika ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
Limitations of the rights of the property owner for the purpose of nature and landscape conservation This degree work is focused on the limitation of rights of the property owner, which correspond to conservation of the environment, specifically nature and landscape conservation. In this degree work, one of the most fundamental themes considered is the method of maintaining balance nature and landscape conservation and conservation of property law in Czech law. Finding a way to maintain balance between these two interests is one of the important steps for long-term successful nature conservation. This part of the degree work is focused on the general regulation of limitation of property law, conditions for its limitation, distinction between internal and external limitations of property law and the related comparison of general and public interests. This analysis is supplemented by defining terms which are important for this subject area (for example the environment, property law, real estate). Another fundamental theme of this degree work is the analysis of concrete limitations affecting the property owner, which result from Act No. 114/1992 Coll. concerning nature and landscape conservation. This degree work contains a cross-sectional selection of individual limitations of property law, which are...
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Expropriation of rights to land
Meitner, Luděk ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
Expropriation of rights to land Abstract This diploma thesis deals with the legal institute of expropriation. As defined in the Act No. 184/2006 Sb., Expropriation Act, expropriation is forced withdrawal or restriction of ownership to land (or structure) and of right corresponding to servitude to that land (or structure) and subsequent transfer of ownership or acquirement of right corresponding to servitude by someone else. Therefore, at the beginning I am introducing land (including all its components, particularly structures, and closely related terms - ground and plot), which is the most common object of expropriation. Essential part of this thesis however presents each requirement for lawful expropriation, expropriation proceedings and related judicial review of expropriation decision in order to assess statutory regulation of this complex topic on the basis of suitability, conformity with the constitutional order of the Czech Republic and case law of the European Court of Human Rights and the ability to fulfil its purpose - timely execution of projects that are beneficial to the public good (while also keeping essential rights of the expropriated unaffected by such execution). If necessary, I am also proposing possible changes to statutory regulation. Expropriation however is not covered only by one...
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The principle of maintaining the Cadastre of Real Estate in accordance with the actual status
Pastieriková, Laura ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The principle of maintaining the Cadastre of Real Estate in accordance with the actual status. Abstract This thesis, under the title The principle of maintaining the Cadastre of Real Estate in accordance with the actual status, deals with the influence of one of the fundamental rules of administration of the public register of real estate on the protection of its desired state. The sub- questions that are particularly addressed in the thesis are the reasons for the existence of situations in which this state is not fully achieved and the means available to remedy it. Based on the answers to these questions, the aim of the thesis is to evaluate the effectiveness of the instruments in which the requirement to apply the principle of keeping the cadastre in accordance with reality is manifested. In accordance with the above-mentioned structure of the issues, the thesis is divided into the corresponding chapters. The introductory chapter serves to define the essence of the cadastre as a public register, list the individual objects of registration and describe their main characteristics, and finally summarize the basic purpose of the establishment of the cadastre. The second chapter deals both with the principle of keeping the cadastre in accordance with the actual state and with other principles, the observance...
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