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Legal regulation of the environmental impact assessment
Pich, Jan ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
Environmental Impact Assessment is one of internationally recognised tools providing environmental protection. Purpose of the assessment is to identify and comprehensively evaluate environmental impact of a project with participation of the public, professionals and administrative bodies, prior to the realisation of the project. Information gained through this process is then used as a basis for decision making in procedures granting development or other consents. The thesis aims to analyse in particular the Czech environmental impact assessment law with emphasis on its recent amendment and reasons of its implementation.
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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 of projects in the case law of the Court of Justice of the European Union
Glatzová, Monika ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
Environmental impact assessment of projects in the case law of the Court of Justice of the European Union Environmental impact assessment (EIA) is a horizontal tool of protection of the environment, based on principles of precaution and prevention and aimed at assessment of plans and programs, or projects. This thesis deals with assessment of projects only. At EU level, the legal basis for EIA of projects is provided for by the EIA Directive (Directive 2011/92/EU) which is expected to be amended in the near future. The thesis provides for an analysis of the EIA case law of the Court of Justice of the EU (CJEU), identifies the main problems encountered by the Member States when implementing the EIA Directive, identifies the key principles established by the CJEU for interpretation of the EIA directive, and in the light of the above it identifies the main issues in the transposition in the Czech law. 1
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Environmental Impact Assessment in the European, Austrian and Czech Legal Regulation
Škrabalová, Kristina ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
The process of environmental impact assessment is a control procedure that aims to summarize and evaluate the impact of a project on the environment at the stage of project planning and thus to reduce its potential negative impacts in the future. One of the main ideas of the EIA process is to avoid since the very beginning problems and confrontation which would otherwise appear in the future in connection with the planned project. This principle is particularly important in cases of transboundary assessment where communication between countries and joint consultations on the project in its early stages of planning might prevent potential conflicts and disruption of mutual relations in the future resulting from an already implemented plan. The cornerstone of a transboundary assessment is the understanding that the harmful effects of a specific project do not stop at the borders of one state, but can reach a territory of many other countries, mutual cooperation in this subject is thus with regard to environmental protection necessary. The necessity of such a cooperation on one hand, as well as its pitfalls and difficulties on the other hand, are illustrated in the case of transboundary EIA between the Czech Republic and Austria, that is specifically in the case of the construction of the nuclear power plant...
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Environmental impact assessment in the EU and Czech Law
Kunertová, Silvie ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
Environmental Impact Assessment as a specific horizontal instrument that serves for fulfilment of the principle of prevention in environment protection has been established in 1969 in the USA and gradually it has been spread into domestic law of many developed countries. Consequentially, it posted its position also in the international and Union law. This institute has been gradually developed into two forms when Strategic Environmental Assessment has been added to the original assessment of projects. This study has been aimed at presenting a complex explanation of historical development of EIA and SEA institutes in the international and union fields, the focus then rests on analysis of the Czech legal regulations. Environmental Impact Assessment into wider associations is a part of presentation by comparing of related sectional environmental tools. Based on comparison and critical assessment, conclusions indicating potential direction of legal regulation of de lege ferenda has been made.
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Environmental impact assessment
Zelenka, Andrej ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
The main goal of this thesis is to analyze the Environmental Impact Assessment (EIA), which is one of the most important horizontal tools for environmental protection. The EIA process can be described as the procedure of identification and assessment of potential significant effects of a project on the environment. The information and outputs provided by the assessment process are considered by decision makers before a decision is made. The EIA process was first mentioned in the US in the National Environmental Policy Act (NEPA) 1969. Then the EIA process was adopted in other economically developed countries. The beginning of this thesis is focused on two significant multilateral environmental agreements - The Convention on Environmental Impact Assessment in a Transboundary Context (the Espoo Convention) and The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention). Then the EU legislation related to the EIA process is described (especially Council Directive 85/337/EEC - the EIA Directive). The following part analyzes the Czech legal regulation of the EIA process that is included in Act No. 100/2001 Coll. Attention is turned to historical development, particular phases of the EIA process, the transboundary...
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Postauditing in the EIA process
Kohoutová, Michaela ; Braniš, Martin (advisor) ; Lipský, Zdeněk (referee)
ABSTACT Environmental impact assessment (EIA) is an integral part of the protection of the environment. Although it is a tool which considers the impact on many different elements of the environment, the process also has many deficiencies. Because of its limitations, an audit has been forming since the beginning of EIA. An EIA audit evaluates the performance of an EIA by comparing actual impacts detected after the realization of the project to those that were predicted, those that were listed in the environmental impact statement. This paper will offer an insight into the EIA and the post-auditing process and contains three basic parts of these areas. The first part explores the EIA, its historical evolution and application in the Czech Republic. The second part will discuss the post-audit itself. In this part, the different post-auditing processes, which were carried out in different parts of the world, were chosen. Within the selected post-auditing, the predicted data from the environmental impact statements are statistically compared with resultant data from reality. It is therefore necessary to analyze the percentage given for how many predictions were wrong in a positive way, accurate or wrong in negative way. From different results of post-auditing, we can tell that only a small percentage of the...
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Environmental impact assessment of projects
Černá, Karolína ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
The topic of this thesis is Environmental Impact Assessment (EIA). This is a very significant cross-sectional and preventive environmental protection tool. Its purpose is to identify as soon as possible any probable averse environmental impacts of presented project proposals. The whole process is led by a competent state offices. Necessary expert participants of the procedure are so-called "authorized persons" supplying specific technical studies on which the impact assessment is made. Another important factor, public participation, helps to improve efficiency of the EIA process. The whole procedure results in so-called Statement, which should define necessary conditions for the implementation of the project in effort to minimize negative impacts. If the project proposal is unacceptable under any circumstances it can not be given a consent to implement it and the statement must reject it. Conclusions formulated in the Statement serve as a basis for administrative decisions on project approval. Given the considerable breadth of the thesis topic it is focused on several key tasks, namely to provide a comprehensive explanation of the legal development of the EIA process, to analyze its current legislation and mapping legal rules of public participation in the EIA process. The following section...
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The Environmental Impact Assessment (EIA)
Maršál, Tomáš ; Franková, Martina (advisor) ; Damohorský, Milan (referee)
The main goal of my thesis is to provide an in-depth analysis of the Environmental Impact Assessment (EIA), which is currently one of the significant legal tools of environmental quality protection. In case any public or private project is likely to have a significant effect on the environment, it needs to pass through the EIA proceedings. This process precedes the development consent to the project. The original EU legal regulation (Council directive 85/337/EEC amended by Directives 97/11/EC, 2003/35/EC and 2009/31/EC) is described in the first part of the thesis. The main sources of this chapter are the judicial decisions of the Court of Justice of the European Communities that reflect the incorrect transpositions of the directive into the legal order of the individual member states. The second chapter is focused on specific attributes of the Czech legal regulation that is included in the legal act no. 100/2001 Sb. modified by further amendments. The regulation is divided into two parts: The first part, the assessment, is concluded by a non-binding opinion, while the second part is concluded by development consent or refusal, as based on particular legal regulations. The most severe issue of the Czech regulation is the insufficient ensurance of participation opportunities of members of the public...
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Environmental impact assessment (EIA) in european law
Králová, Tereza ; Grmelová, Nicole (advisor) ; Zicha, Jiří (referee)
The main goal of this diploma thesis, called Environmental impact assessment (EIA) in european law, is to explain the procedure of environmental impact assessment. Emphasis of this diploma thesis is placed on legislation dealing with the environmental impact assessment and its development. The diploma thesis is divided into five chapters, further it contains the introduction, the conclusion, the list of abbreviation, the list of pictures, attachement and the list of literature. Chapter one defines the environmental impact assessment itself and distinguishes the project (EIA) and strategic (SEA) assessment. Chapter two describes the international law concerning the environmental impact assessment. The most important part of this diploma thesis is chapter three, which contains the analysis of european and czech legislation regarding to the environmental impact assessment. The czech legislation is then compared to legislation of other member states of the EU. Chapter four characterizes the procedure of environmental impact assessment within the Natura 2000. Chapter five analyses the case Temelín with respect to environmental impact assessment.
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