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Legal aspects of EMAS in the Czech Republic
Skřivánková, Michaela ; Fabšíková, Tereza (advisor) ; Sobotka, Michal (referee)
Legal aspects of EMAS in the Czech Republic Abstract This diploma thesis is focused on "Legal aspects of EMAS in the Czech Republic". The aim of this diploma thesis is to characterize EMAS, analyse its legal aspects, both at the EU level and in the Czech Republic, and based on a study of relevant legislation and other sources comprehensively evaluate the legal aspects of EMAS in the Czech Republic afterwards. For purposes of introduction of the topic the introductory part is dedicated to environmental protection instruments in general while voluntary instruments, which include EMAS, are presented in more detail, and the second part is dedicated to environmental management systems. The third part of the diploma thesis analyses the key legislation of EMAS at the EU level, both its development and de lege lata regulation, and its other legal and other contexts, including an analysis of the legal context of EMAS in selected European countries. That three parts simultaneously comprise the characteristics of EMAS. Fourth part of the diploma thesis is dedicated to the legal aspects of EMAS in the Czech Republic, in the first place in the form of analysis of these aspects in a similar structure as in the case of legal aspects contained in the third part and my evaluation of these aspects afterwards. The diploma...
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Remedial measures in environmental protection
Krykorková, Markéta ; Fabšíková, Tereza (advisor) ; Sobotka, Michal (referee)
The aim of this thesis was to analyse remedial measures in the field of environmental protection first from the perspective of legal theory in general and then specifically by analysing individual provisions regulating remedial measures in selected laws in this field. The selected remedial measures were subjected to an evaluation of the effectiveness and efficiency of the current legislation, one of the tools used being an excursion into the practice of the relevant authorities. Following this evaluation, the work also includes de lege ferenda considerations reflecting the identified shortcomings, in particular the low use of corrective measures in practice. However, these conclusions should be considered only partial, as the ambition of this work was not to present an exhaustive analysis of this institute nor to present a complete overview of the established practice of the competent authorities. The first chapter focuses on the general characteristics, definition and setting of remedies in the context of environmental law. It also looks at the relationship of remedies to sectoral legal principles and finally offers possible criteria for the classification of remedies. The second chapter provides an analysis of the various arrangements for remedies in the context of selected existing environmental...
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Polluter Pays Principle in environmental law
Kundratová, Eliška ; Fabšíková, Tereza (advisor) ; Sobotka, Michal (referee)
Polluter Pays Principle in environmental law Abstract This diploma thesis deals with the legal principle "polluter pays", which is one of the most important and influential principles of environmental law. The aim was to present a theoretical view of this principle, to point out its meaning, function, development, but also its application in contemporary law, both at the international, European and national levels. The diploma thesis is divided into five chapters. The first chapter deals with the theoretical definition of legal principles, their importance in law in general, with emphasis on the legal principles of environmental law. In the second chapter I introduce and define the basic concepts, which I work with throughout the whole thesis. These concepts are the following terms: "environment", "polluter", "pollution", "environmental damage" and finally "environmental responsibility". The third chapter contains the core of this work - the function and meaning of the "polluter pays" principle, which is mainly the internalization of negative externalities into the polluter's costs. Furthermore, the third chapter describes the application of the principle in selected economic instruments of environmental protection. These are mainly taxes, subsidies, fees, fines and tradable emission permits. The last two...
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Specifics of legal regulation of environmental protection in cities
Erbenová, Kateřina Alžběta ; Žákovská, Karolina (advisor) ; Fabšíková, Tereza (referee)
Specifics of legal regulation of environmental protection in cities Abstract The trend of modern society is urbanization, which includes the transfer of part of the population from the countryside to cities. However, along with this trend there is a higher concentration of people in cities, which leads to increased consumption of natural resources, production of pollutants and waste and other actions that have a negative impact on the urban environment. This thesis deals with the specifics of the urban environment and the legal tools that cities have available to improve this environment. The aim of the thesis was to define the concept of city in terms of both legal and urban, and based on this definition to define the differences between cities and the rest of the area and the impact of these differences on the urban environment. Subsequently, the thesis processes the legal regulation of particular subjects of the environment with a focus on urban areas. The aim is to describe the legislation relevant to the urban environment and the environmental protection tools available to cities. In terms of content, the work is divided into three parts. The first part deals with the concept of city and its definition in the legal system of the Czech Republic, but also the urban definition of this concept, the...
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State Land Office
Váňová, Miroslava ; Franková, Martina (advisor) ; Fabšíková, Tereza (referee)
State Land Office Abstract This thesis is dedicated to the State Land Office of the Czech Republic, which was established on the basis of Act No. 503/2012 Coll. As an administrative office with a broad scope, it is impossible to deal with all the aspects of the State Land Office in detail and thus provide a thorough analysis within this thesis. Therefore, the aim of this thesis is to provide a general introduction of the State Land Office - its establishment, place within the system of state administration, organisational structure and its main scope. This thesis is divided into six parts. The first part is dedicated to a general characteristic of the State Land Office. First of all, the transformation of the Land Fund of the Czech Republic and the establishment of the State Land Office of the Czech Republic is briefly described, following its placement within the system of public administration, respectively government of the Czech Republic. A large segment of the first part of the thesis then follows a detailed description of the organisational structure of the State Land Office. The following parts are dedicated particularly to the main scope of the State Land Office, which I consider to be agricultural and church restitution, administration of state property according to Act No. 503/2012 Coll. and land...
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Criminal Law Instruments of Environmental Protection
Fabšíková, Tereza ; Sobotka, Michal (referee)
Criminal Law Instruments of Environmental Protection The dissertation deals with the possibilities of criminal law in relation to the protection of the environment. It presents the analysis of the most significant instruments of criminal law from the sphere of the international, European and Czech law, particularly the Rome Statute of the International Criminal Court, the Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law, and the Czech Criminal Code (Act No 40/2009 Coll.) Apart from the analysis of the most important legal norms and the subsequent formation of proposals de lege ferenda, the dissertation is concerned with the characteristics of environmental crime and the specifics of criminal law in environmental protection. The dissertation is divided into five chapters. The first chapter deals with the issue of the role of criminal law in environmental protection and the peculiarities of creation criminal rules in this area. The second chapter concentrates on the characteristics of environmental crime and the description of its specific features. The third chapter refers to the current state of the international criminal law and the possibilities of environmental protection through international criminal law...
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Selected issues of legal regulation of genetically modified organisms
Pečený, Přemysl ; Franková, Martina (advisor) ; Fabšíková, Tereza (referee)
1 Selected issues of legal regulation of genetically modified organisms Abstract Genetically modified organisms are one of the most pressing challenges of modern agriculture and other economic sectors. This is due to the large number of potential benefits and risks, which are quite often insufficiently scientifically researched, exacerbating the controversy associated with their use. It is a technology that has been used for a relatively long time, but its legal regulation is constantly challenged due to the dynamic development of the related scientific advances. Despite the aforementioned, some issues of the topic receive only marginal attention, which makes it difficult to create and apply a fully functioning legal regulation. The diploma thesis itself deals with selected issues of legal regulation of genetically modified organisms, focusing on the readiness of legal regulation, functionality of auxiliary instruments, as well as de lege ferenda considerations. These topics are formulated into three basic research questions, which the author tries to answer by analyzing relevant parts of the legal regulation. The aim of this thesis is to expand this vital part of environmental law with new findings and thus supplement other academic works that deal with legal regulation of genetically modified organisms....
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Legislation damages caused by wild animals and beasts damages caused on wild animals and beasts
Sobotková, Kateřina ; Damohorský, Milan (advisor) ; Fabšíková, Tereza (referee)
This thesis deals with the rules of compensation for damage caused by wild animals and beasts and damage caused on wild animals and beasts in the Czech Republic. The main topic of the diploma thesis is the evaluation and analysis of current legislation. The work is divided into thirteen sections, when some of them are further divided into subsections. The main part consists of chapters 8 and 9, which deal with damages wildlife and further chapters 11 and 12, dealing with damages to animals. All chapters are based primarily on Act No. 449/2001 Coll., On hunting, as amended. Attention is mainly focused on the issue of compensation for damage caused by wild animals and beasts. Particularly with regard to the current bark beetle calamity that hit a large part of the territory of the Czech Republic, it appears this issue is highly topical.
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Legal instruments for protection of soils
Bakule, Jan ; Franková, Martina (advisor) ; Fabšíková, Tereza (referee)
1 Legal instruments for protection of soils Abstract Diploma thesis analyses the topic of legal instruments for soil protection. Significance of soil, as one of the components of environment, lies especially in securing livelihood for the inhabitants of our planet, water circulation and retention, and in the fact that soil provides living space for a substantial portion of living organisms. In this context the legal instruments represent means by which we can successfully protect soil from its degradation. Considering that soil degradation is rapidly increasing in the last couple of decades, the topic of this diploma thesis becomes more and more pressing, though sometimes overlooked by general public. Thesis primarily analyses legal instruments which exist in the Czech legislation and are most significant for the state of soil in the Czech Republic. The objective of this thesis is particularly to analyse individual legal instruments, to critically evaluate them and suggest possible improvements to the current state of soil protection in the Czech Republic. The first chapter highlights the enviromental importance of soil and characterizes its specificities as one of the components of environment. Subsequently current soil degradation processes are presented. In the end of the chapter the thesis summarizes...
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Criminal Law Instruments of Environmental Protection
Fabšíková, Tereza ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Tomoszková, Veronika (referee)
Criminal Law Instruments of Environmental Protection The dissertation deals with the possibilities of criminal law in relation to the protection of the environment. It presents the analysis of the most significant instruments of criminal law from the sphere of the international, European and Czech law, particularly the Rome Statute of the International Criminal Court, the Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law, and the Czech Criminal Code (Act No 40/2009 Coll.) Apart from the analysis of the most important legal norms and the subsequent formation of proposals de lege ferenda, the dissertation is concerned with the characteristics of environmental crime and the specifics of criminal law in environmental protection. The dissertation is divided into five chapters. The first chapter deals with the issue of the role of criminal law in environmental protection and the peculiarities of creation criminal rules in this area. The second chapter concentrates on the characteristics of environmental crime and the description of its specific features. The third chapter refers to the current state of the international criminal law and the possibilities of environmental protection through international criminal law...
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