National Repository of Grey Literature 234 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Public participation in environmental decision-making processes
Hlaváčová, Lenka ; Franková, Martina (referee)
Public participation in environmental decision-making processes Abstract The main goal of this dissertation is to analyse the current legal regulation of public participation in environmental decision-making processes and on the basis of such findings to contribute to the further development of this institute. Public participation in decision-making processes is an important tool for environmental protection, whether we look at it from the point of view of everyone's right to a favourable environment or as a separate value that needs to be protected for itself. It is a relatively new institute in the Czech legal system. Its gradual incorporation into Czech legislation has only occurred in the last 30 years, especially in connection with the Czech Republic's accession to the Aarhus Convention and the European Union. Despite its recognition at the international level, obligations arising for the Czech Republic from the Aarhus Convention and EU law and a number of benefits that come with it, the possibilities of the members of the public in the Czech Republic to participate in environmental decision-making has been significantly reduced in recent years. Therefore, in addition to the analysis of current legislation, the dissertation, to a limited extent, focus on the development of the institute of public...
The Right to a Favourable Environment
Černá, Ester ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
1 The Right to a Favourable Environment Abstract The diploma thesis deals with the right to a favourable environment. The main objective of the thesis is to answer the question of how this fundamental human right is applied nowadays and what is the role of international treaties by which the Czech Republic is legally bound in its interpretation. These findings are then critically evaluated and possible directions of the future development of this right are suggested. The thesis is divided into four parts. The introductory part of the thesis defines the basic concepts and introduces the fundamental principles of the environmental protection. The second part of the thesis approaches the possible forms of the relationship between environmental protection and the protection of human rights following the way they were defined by Dinah Shelton in 1991. The third part of the thesis focuses on the right to a favourable environment in the European legal area. First, on the example of the case-law of the ECHR one of the discussed approaches consisting in extending traditional human rights with environmental aspect is presented in more detail. Furthermore, this part deals with the Aarhus Convention and its significance for the right to a favourable environment. The last part of the thesis is devoted to the way in...
Public participation in land-use planning
Dvořák, Adam ; Franková, Martina (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...
Legal régime of agricultural and fores land
Brynychová, Jana ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
This rigorosum thesis deals with the overall legal regime of lands, than not only the regime of their protection, but the main attention is paid to agricultural and forest lands. The main objective of this thesis is to approach the interrelationship between effective and previous legislation and their legal evaluation. In the publication is referred to proposed changes that could solve or at least mitigate the problems of the lawful legislation, and also is referenced to the case law of the courts, which helps to interpret unclear issues. Considering that the issue of lands is assorted into a complex system, the purpose of the thesis is to define the basic institutes of land law and try to remove the inconsistent regulation of soil protection in a number of legislation. The introductory chapter sets out the main objectives to be achieved in the thesis and also contains a summary of the motivational reasons that helped in choosing the thematic area. The second part, entitled "Overview of legal sources of land law", is devoted to individual legal regimes in the field of soil protection at the national, European and international levels, which it names and states their historical context. This chapter refers to the most important changes that have affected land law in connection with recodification....
Acquisition of real estate from unlawful possessor comparison of Czech and German legal regulation
Vondrášek, Igor ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
v anglickém jazyce The topic of the thesis is the institute of acquisition of a real estate from a non-entitled person which breaks the traditional principle of Roman law nemo plus iuris ad alium transferre potest quam ipse habet (one cannot transfer to another more rights than they have). The thesis describes, analyses and evaluates particular conditions for acquisition of ownership rights and other rights in rem over a real estate from a non-entitled person, as set out in the Czech and German legal system. The possibility to acquire a real estate from a non-entitled person which is closely connected with the principle of material publicity (public faith) was relegislated as a part of the domestic recodification of private law. The socialist as well as the post-revolutionary law rejected the possibility of a bona fide acquisition of a real estate from a non-entitled person very strictly. However, the recent strengthening of the material publicity of public registers brought a number of ambiguities. Although we cannot foresee the future trends in decision- making practice of the domestic courts in relation to the acquisition of a real estate from a non- entitled person, the German legislation could outline possible solutions of some domestic interpretation problems. After all, the principle of...
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...
The legal principle of sustainable development in response to the climate change
Orlandin, Piero ; Franková, Martina (referee)
The legal principle of sustainable development in response to the climate change Abstract The ongoing climate change is a serious global problem of today's world. The impacts of this change on the environment and humankind together with the climatic sources of law on the international, EU and national level, were the objects of research of the first half of the introductory part of this master's thesis. The second half of the first part of the text introduces sustainable development as a sui generis solution, both as a general concept and as a legal principle according to the valid Czech law. Subsequently, the second part of the thesis conducts analysis of selected climate-sustainable institutes that respected the principles of sustainable development from the perspective of three different European countries. These specific approaches, which were demonstrated with the selected countries, subsequently serve as an inspiration for the synthesis in the final part of the thesis. In it, a recapitulation of the selected current climatic threats was undertaken, to which the author offers a solution through specific sustainable ways of functioning in the world's major socio-economic sectors. Subsequently, a similar analysis was performed on selected socio-economic sectors of the Czech Republic, which the author...
Protection of large carnivorans in the EU legislation and national legislations of Europe
Djemel, Klára ; Damohorský, Milan (advisor) ; Franková, Martina (referee)
Protection of large carnivorans in the EU legislation and national legislations of Europe Abstract Large carnivorans, including the brown bear (Ursus arctos), the lynx (Lynx lynx) and the wolf (Canis lupus), have become nearly extinct in Central Europe in the past and have only returned to our wilderness in recent decades. The return of large carnivorans is therefore responded to by the legal systems of the countries concerned, as well as public international law and European Union law. The reasons for the special protection and legal regime of large carnivorans stem mainly from their biological differences, way of life, potential conflict with humans and higher levels of endangerment. The aim of this work is to conduct a thorough analysis of the legal protection of large carnivorans on an international, European and national scale. The protection of large carnivorans cannot be effectively addressed within the territory of a single European state, as carnivorans, especially in Central Europe, normally cross national borders. Great attention is therefore paid to EU law, which provides the basis for the legal protection of large carnivorans in most European countries. From the national legal systems of Europe, the legal systems of the Czech Republic, the Slovak Republic and the Federal Republic of Germany...
Liability for environmental administrative offenses
Pouska, Tomáš ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
Liability for environmental administrative offenses Abstract The subject of this diploma thesis is the institute of liability for environmental administrative offenses, which consists of two separate legal branches, namely environmental law and administrative law, which intertwine and form a comprehensive system of environmental protection and its components. The mechanisms of this protection include, in particular, prohibitions and orders for certain conduct, various forms of preventive action and, in particular, instruments of a sanction character. The concept of legal liability, which occurs in several types, is associated with sanction instruments, while in the protection of the environment the most widespread legal liability is tort legal liability, specifically administrative offence liability. This issue is still very topical, as on 1. July 2017 there was a new legal regulation of this type of liability and the anchoring of important institutes, which have so far been inferred only by analogy of law and court case law. The diploma thesis elaborates the theoretical basis of environmental protection and provides a comprehensive view of the fragmented legal regulation of legal liability in relation to environmental administrative offenses. Due to the considerable scope of the topic, the substantive...
Disposition of land in Czech law and the law of Israel
Falteisková, Sabina ; Franková, Martina (referee)
Disposition of land in Czech law and the law of Israel Abstract The main goal of the thesis is to analyse and compare the legal regulation of disposition of land and its protection in the Czech Republic and the State of Israel and answer the question whether the Czech legislation and the State of Israel can benefit from such regulations. Protection of land from degradation is absolutely crucial task that in the light of climate change, accompanied by extreme drought along with social and economic development becomes very actual. The thesis deals with the land and its peculiarities in the legal sense, which together with other factors significantly affect the relationship to land. The introduction to the issue is given by a part of the work devoted to the history and geography of both countries, focusing on the current state and major environmental problems. Emphasis is placed on the legal development over the last hundred years in relation to land-legal relations. Furthermore, the thesis focuses on defining current ownership relations and on the context of land disposition in both countries. Both the private-law structure and the public-law organization of these relations, which are significantly different in both countries, are described in detail. In this respect, much of the attention is focused on the...

National Repository of Grey Literature : 234 records found   1 - 10nextend  jump to record:
See also: similar author names
8 FRANKOVÁ, Martina
6 FRANKOVÁ, Monika
1 FRAŇKOVÁ, Magdalena
6 FRAŇKOVÁ, Monika
2 Franková, Markéta
3 Franková, Michaela
6 Franková, Monika
2 Fraňková, Magda
2 Fraňková, Marcela
8 Fraňková, Martina
3 Fraňková, Michaela
6 Fraňková, Monika
2 Fránková, Marie
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