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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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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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Public participation in decisions making related to the environment protection
Němeček, David ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
5 Public participation on the decision-making procedure regarding the environment protection is a very important aspect within the building-permitting process. In this thesis, I focus particularly on the public participation in the form of associations through the entire permitting procedure of the structures. The desired goal of this thesis is to analyse the current Czech legislation including with a preview to the international legislation regarding the two fundamental rights: right to information and right to participation. I analyse the actual state of the association participation within the procedure using the relevant case-law. Above all, I aim to the comparison of the current need of such extensive rights to participation against the preservation of the interest of the environment protection and public monitoring function which is definitely important within any procedure. Finally, I am reaching the opinion that the structure-permitting procedure is unnecessarily complicated which can't be a benefit for the public nor the investors. In my opinion, the entire procedure should greatly simplify and the cooperation between the public and the investors should be carried out in a different manner.
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Legal regulation of the Environmental Impact Assessment (EIA) in relation to European legislation
Linkeová, Sandra ; Stejskal, Vojtěch (advisor) ; Humlíčková, Petra (referee)
The subject of this dissertation is the process of the Environmental Impact Assessment in relation to the respective European legislation. The dissertation aims at providing a comprehensive analysis of the current Environmental Impact Assessment legislation, including its historical, international and European contexts. The dissertation proceeds in five chapters. Chapter One outlines the general characteristics of the Environmental Impact Assessment procedure and the principles that govern it. Chapter Two examines the development of the Environmental Impact Assessment process in international law, with emphasis on the Aarhus Convention. Chapter Three focuses on the anchoring of the procedure in European law. The core part, then, is Chapter Four, which delineates the separate phases of the Environmental Impact Assessment process as defined in Czech legislation. In the last chapter, the expected changes in the concept of the Environmental Impact Assessment are sketched.
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Legal regulation of the environmental impact assesment (EIA) in relation to European legislation
Linkeová, Sandra ; Humlíčková, Petra (referee) ; Stejskal, Vojtěch (referee)
The subject of this dissertation is the process of the Environmental Impact Assessment in relation to the respective European legislation. The dissertation aims at providing a comprehensive analysis of the current Environmental Impact Assessment legislation, including its historical, international and European contexts. The dissertation proceeds in five chapters. Chapter One outlines the general characteristics of the Environmental Impact Assessment procedure and the principles that govern it. Chapter Two examines the development of the Environmental Impact Assessment process in international law, with emphasis on the Aarhus Convention. Chapter Three focuses on the anchoring of the procedure in European law. The core part, then, is Chapter Four, which delineates the separate phases of the Environmental Impact Assessment process as defined in Czech legislation. In the last chapter, the expected changes in the concept of the Environmental Impact Assessment are sketched.
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Legal Aspects of the Extension of Temelín Nuclear Power Plant
Klobouček, Eduard ; Handrlica, Jakub (advisor) ; Staša, Josef (referee)
The aim of this thesis is to describe the legal aspects of the process of extension of Temelín Nuclear Power Plant. Thesis deals with administrative procedures that the future operator needs to go through. In particular, thesis deals for example with the procedure arranged at The Atomic Act, The Construction Act or The Environmental Impact Assessment Act. Thesis concerns with the strategic and other conceptual documents which treats with the extension of this nuclear power plant. Not least contains complex chapter about possible public participation on the whole process of extension. Thesis includes also the comparison with the similar processes in France, Japan, Germany, Slovakia and The United States of America. At the last chapters thesis also deals with the connected issues like civil liability for nuclear damage, radioactive waste management or with the safeguards system. Thesis also reflects the possible future development and recent judicial decisions and legal amendments. The chapters related to The Atomic Act, also contains references to the draft of the new Atomic Act.
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Environmental impact assessment (EIA, SEA)
Vinklerová, Nela ; Humlíčková, Petra (advisor) ; Žákovská, Karolina (referee)
This thesis aims to provide an analysis of the environmental impact assessment procedures in the Czech republic, including its international and european context, with focus on the topic of public participation in these procedures. The thesis is divided into five chapters. The first chapter provides a definition of environmental impact assessment and enumerates its fundamental principles. The second chapter deals with international, european and historical roots of EIA and SEA procedures. The next chapter describes the course of EIA procedure in the Czech republic. The fourth chapter describes the SEA procedure. The last, fifth chapter deals with the topic of public participation in environmental impact assessment. Finally, the thesis comprises a summary of contained conclusions.
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Environmental impact assessment (EIA, SEA)
Vavřínka, David ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
This diploma thesis deals with environmental impact assessment, and is mainly focused on so-called SEA procedure. The objective of this thesis is to analyse how the Czech law reflects the requirements prescribed by international and European law. The first paragraph provides the definition of the whole concept of environmental impact assessment procedure and enumerates legal principals having a substantial influence on the formation and application of legislation. In the second paragraph, the thesis looks back to the historical roots of procedure and it also describes EIA procedure in details. Furthermore, in this paragraph the main international and European legislation are being analysed. The requirements, which are essential for the Czech legislation, are also being identified. The third paragraph probes the general form of SEA procedure in the Czech legislation and the conformity of the Czech legislation contained in the Environmental Impact Assessment Act making provisions for the requirements of international and European law is examined as well. In the last paragraph, the special form of SEA procedure within the Building Act is being described. Strategic Environmental Assessment is carried out as a part of spatial and land use planning.
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Land-use planning as a tool for environmental protection
Frýdl, Jan ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
Very important tool of environmental protection is land-use planning which is subject of this work and which deals with town and country planning. Town and country planning ensures the preconditions for sustainable development of the area by means of continuous and complex solution of useful utilization and spatial arrangement of the area with the aim of achieving the harmony of public and private priorities in relation to the development of the area.In my work I dedicate space to conceptual tools of land-use planning such as planning analytical materials, planning studies, spatial development policy, planning documentation. Of course I analyze also functioning of public administration in country and town planning in my work. It is important for understanding of a theme to determine its foundations that is based on.No less important tool as a part of my work that serve for environmental protection is Environmental Impact Assessment. In the Czech law system, this domain is regulated by the Act 100/2001 Coll., About Environmental Impact Assessement and About the Modification of Some Acts, as subsequetly ammended, and the laws difference between the intention of construction, activity and technology (EIA) and concept, strategy, policy, plan and programs set or allocated by a public administration authority...
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Land-use planning as an instrument of environmental protection
Nejedlá, Hana ; Humlíčková, Petra (advisor) ; Franková, Martina (referee)
This thesis deals with the land-use planning as an instrument of environmental protection. The main part of the thesis is focused on public participation in the process of land-use planning and analyses its efectivity. The thesis describes general tasks and terms of land-use planning, define theirs targets and solutions at the beginning. It defines the legal arrangement of the topic including actual amendment of Building Act, which was accepted since 1. 1. 2013. Further it describes the instruments of environmental protection and it is focused on general forms of the arrangement, in which the most of land-use planning instruments are issued. Then come after characteristic of the position of the authorities and instruments, which they have to behave in public interest and which are connected with processing and implementation. The special focus is given to attend of public in land-use planning. At first the single institutions, which enable conection of public resort to the land- use planning, are described. First of all objections and protests, public debate of documents and public representatives. After that the possibility of public attendence under proceses of making single land-use planning instruments is overwieved. Lastly the thesis devotes the impact on the environmental protection opinions...
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