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The term of "public interest" in relation to the restriction of property rights - a comparison of approach in Czech and German law
Motl, Kryštof ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
in the English language The term of "public interest" in relation to the restriction of property rights - a comparison of approach in Czech and German law The aim of this diploma thesis is to provide the reader with an insight into the issue of interpretation and application of the vague legal term "public interest", in connection with the restriction of property rights. This diploma thesis compares the approach to this term within the Czech and German legal systems and analyzes the similarities and differences of both approaches. The introduction outlines the motives for creating this thesis. It is stated how the thesis approaches the analysis of the given issue, what sources the thesis uses, why the approach is compared within these two legal systems and what key questions can be expected in this issue. The first part deals with vague legal terms, including the term of "public interest". Furthermore, the approach to this term in the Czech and German legal literature is shown. The doctrine and its development are described in more detail within the German legal literature. The second part of this thesis is focused on the term of property rights and possible ways to limit it within both legal systems. The term "public interest" typically also appears in connection with the restriction of property...
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Public Law Aspects for Undertakings in both Electricity and Gas Industries
Košťál, Vratislav ; Handrlica, Jakub (advisor) ; Frumarová, Kateřina (referee) ; Rychlý, Tomáš (referee)
Public Law Aspects for Undertakings in both Electricity and Gas Industries The doctoral thesis named "Public Law Aspects for Undertakings in both Electricity and Gas Industries" is focused on bringing a complete view how the public interest is represented in relation to the conduct of enterprise in infrastructural businesses as the sectors of electricity and gas industries concern that are in many ways similar to each other and are also managed by the comparable European law regulation. The public interest, either comes from the European or Czech legal regulations interferes in many different variations and modifications into the energy business. From time to time, legislator emphasizes the partial individual interest (e. g. being part of the constitutional order as in the case of the protection of ownership) in the wording of the Energy Act as well as in the other public law as goods protected by the public law. On the other way, also much more typical general interest is defended to achieve wellbeing of the whole society that is to be preferred to those interests of individuals. The thesis in question primarily analyses the wording of the Czech Energy Act in not amended version, which has not been modified yet in accordance with the binding European law framework consisted of the so called Winter Energy...
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Public interest in environmental law
Horáček, Zdeněk
OF THE DISSERTATION ON "PUBLIC INTEREST IN ENVIRONMENTAL LAW" Zdeněk Horáček, 2011 The dissertation examines public interest in environmental law. Due to the lack of professional resources dealing with the very concept of public interest, the dissertation offers its basic definition and relevant connections, but always in relation to the institutes of the environmental law. Interpretive and historical aspects of public interest are analyzed and basic definition features, classification and process of the formulation of public interest, including correction of the improper process, are established. The dissertation specifies public interest in environmental law as a legally defined value of environmental protection shared by whole society. Such a public interest is promoted in all the phases of evaluation and authorization of a project that may be harmful to the environment, in the extent always depending on the specific situation. The dissertation concludes that environmental protection is a worldwide shared value and public interest. In addition, public interest in environmental protection is a criterion for a decision making process carried out by public authorities, and the resulting public interest (adopted solution) depends on the specific circumstances of the situation.
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The analysis of interest in cross-country skiing during the coronavirus crisis
Skoupý, Tomáš ; Jindra, Matouš (advisor) ; Gnad, Tomáš (referee)
Title: The analysis of interest in cross-country skiing during the coronavirus crisis Objectives: The aim of this thesis is to analyze the visitors of cross-country skiing in Bedřichov, located in the Jizera Mountains, during the Covid-19 crisis. Methods: The main source of information for this thesis was acquired through a questionnaire form completed by the residents of Bedřichov Village in the Jizera mountains. The results revealed the coronavirus impact on the interest in cross country skiing. Results: Based on the questionnaire responses, an analysis of data was conducted from which an overview of individual questionnaire items was created. The overview results assisted in evaluating and verifying a total of 4 hypotheses previously established. 15 respondents participated in this process and their responses helped to verify such hypotheses. Conclusion: The results of analysis data confirmed all estabilished hypotheses. The main hypothesis was also confirmed, that is the interest in cross-country skiing had increased during coronavirus crisis due to the government measures. Keywords: cross country skiing, Covid-19, Bedřichov, public interest
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Environmental protection within specific proceedings pursuant the Building Act
Šimák, Filip ; Sobotka, Michal (referee)
Environmental protection within specific proceedings pursuant the Building Act Unrestrained construction activity damages natural resources and diverse environmental components in irreversible or in difficult-to-repair ways, thereby further thwarting thriving or even surviving of the World population. In the Czech legal system, the regulatory measures of administrative bodies, along with the participation of the affected stakeholders, contribute to the environmental protection of the individual development project. This dissertation examines the methods, means, and tools of environmental protection within the framework of designated proceedings regulating the construction. Specifically, it analyzes the possibilities of implementing protective environmental measures within the construction-permitting procedures enshrined in the provisions of Sections 103 to 117 of the Building Act. Five construction-permitting regimes are examined separately: the building permit process; notification; public law contract; notification with certificate of the authorized inspector and projects requiring neither building permit nor notification. If followed lawfully, each of the regimes allows the prospect applicant to commence a relevant construction project. Permitting procedures are significantly influenced by...
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The role of the municipality in environmental protection - selected legal aspects
Švarcová, Kateřina ; Sobotka, Michal (referee)
The dissertation deals with selected legal aspects of the role of municipalities in the protection of environment. The criterion of divided competence is used for an analysis of municipalities and attention is paid exclusively to small ones, the so-called number-one municipalities. The aim of this work is to identify and analyze, on the basis of legislation, legal doctrine and case law, municipal instruments in environmental protection and the legal conditions of its implementation, and then to identify the main shortcomings of the legislation suggesting ways to overcome them. With a detailed analysis of selected instruments the work analyzes the examined phenomenon, i.e. "the role of the municipality in the protection environment ", while verifying the set hypotheses and answering the question "what is the role of the municipality in the environment protection" in accordance with the legislation.
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Giving Information on Ongoing Criminal Proceedings
Bendová, Kristýna ; Heranová, Simona (referee)
The diploma thesis deals with the giving information of ongoing criminal proceeding on the authorities to individuals involved in the process and general public. Content of the thesis is built on the basis of e. g. right to information, right to privacy and public interest in the proper equitable conduct of criminal proceeding. The core itself is based on critical analysis of Czech legislation specifically § 8a to 8d the Code of Criminal Procedure with references to specific regulations. Finally, problematic areas are summarized and their solution is proposed with the proposal de lege ferenda.
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Environmental protection within specific proceedings pursuant the Building Act
Šimák, Filip ; Sobotka, Michal (referee)
Environmental protection within specific proceedings pursuant the Building Act Unrestrained construction activity damages natural resources and diverse environmental components in irreversible or in difficult-to-repair ways, thereby further thwarting thriving or even surviving of the World population. In the Czech legal system, the regulatory measures of administrative bodies, along with the participation of the affected stakeholders, contribute to the environmental protection of the individual development project. This dissertation examines the methods, means, and tools of environmental protection within the framework of designated proceedings regulating the construction. Specifically, it analyzes the possibilities of implementing protective environmental measures within the construction-permitting procedures enshrined in the provisions of Sections 103 to 117 of the Building Act. Five construction-permitting regimes are examined separately: the building permit process; notification; public law contract; notification with certificate of the authorized inspector and projects requiring neither building permit nor notification. If followed lawfully, each of the regimes allows the prospect applicant to commence a relevant construction project. Permitting procedures are significantly influenced by...
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The role of the municipality in environmental protection - selected legal aspects
Švarcová, Kateřina ; Sobotka, Michal (referee)
The dissertation deals with selected legal aspects of the role of municipalities in the protection of environment. The criterion of divided competence is used for an analysis of municipalities and attention is paid exclusively to small ones, the so-called number-one municipalities. The aim of this work is to identify and analyze, on the basis of legislation, legal doctrine and case law, municipal instruments in environmental protection and the legal conditions of its implementation, and then to identify the main shortcomings of the legislation suggesting ways to overcome them. With a detailed analysis of selected instruments the work analyzes the examined phenomenon, i.e. "the role of the municipality in the protection environment ", while verifying the set hypotheses and answering the question "what is the role of the municipality in the environment protection" in accordance with the legislation.
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The constitutional court as a negative legislator: Restriction of constitutionally guaranteed rights for the purposes of environmental protection
Knobová, Michaela ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
The Constitutional Court as a negative legislator: Restriction of constitutionally guaranteed rights for the purposes of environmental protection Abstract This thesis examines how the Czech Constitutional Court deals with proposals to repeal laws or statutory provisions that restrict constitutional rights or other constitutional provisions concerning environmental protection. Specifically, it examines how the Court deals with conflicts between constitutional rights concerning environmental protection and other constitutional laws pertaining to the environment and/or the public interest in protecting the environment. In addition to the analysis of the decision-making practice of the Constitutional Court, the thesis deals with the anchoring of environmental protection in constitutional documents and in the Czech Constitution - both in the preambls of the Constitution and the Charter, where the environmental protection is embodied in individual rights and the state's duty to protect the environment, including those provisions where environmental or nature protection is explicitly enshrined as a possible grounds for restriction of another constitutional right. The thesis briefly describes the role of the Constitutional Court as a negative legislator, ie its power to repeal laws or individual statutory...
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