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Legal protection of farm animals against cruelty
Kudernová, Anna ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
This diploma thesis entitled Legal protection of farm animals against cruelty aims to provide comprehensive overview of legal provisions for the protection of farm animals, authorities providing this protection and historical bases of the way humans interact with animals. The thesis has 7 chapters. The first chapter defines the key terms for this work, animals and farm animals. The second charter pursues the development of the human-animal relationship and philosophical, religious and other influences affecting this relationship. The third chapter gives an overview of the first legislation dealing with animal cruelty. We can find International treaties and European Union law on the protection of farm animals against cruelty in the fourth charter. Then the thesis focuses on the current Czech legislation, the individual areas of animal treatment regulated by law and in particular the Act no. 246/1992 Coll., On protection of animals against cruelty. The sixth chapter defines the scope of the individual animal protection authorities and finally it provils the overview of the possibilities of sanctions imposed on persons in order to protect farm animals.
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The role of the Constitutional Court in the environmental protection.
Domesová, Simona ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
This thesis aims to find out what the role of the Constitutional Court of the Czech Republic in environmental protection is. It should be found out through analysis of the case-law in this field. At first it follows up the characteristics and history of the Constitutional Court of the Czech Republic. It continues by talking about sources of environmental law and the most important chapter contains analysis of the cases. The thesis discusses the right to the favorable environment, the right to environmental information, the EIA procedure, the Aarhus Convention and the collision of the right to a favorable environment with other rights and freedoms as the most important topics. The thesis showed that the Constitutional Court ruled several times during his practice significantly in favor of the environment. But the less positive conclusion of the thesis is that Czech Republic law does not fully comply with the Aarhus Convention despite it is our obligation. The Constitutional Court will surely deal with this topic again. And the praxes will show us whether we are able to move our legislation closer to public participation in the processess related to the environment. Powered by TCPDF (www.tcpdf.org)
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Advantages and risks of introducing animal legal personality into Czech law system
Houdek, Pavel ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
Advantages and risks of introducing animal legal personality into Czech law system The topic of my thesis is animal legal personality and consideration of advantages as well as negative aspects of introducing it into the Czech law. The aim of this work is to examine whether the animal legal personality is a solution that could lead to higher animal protection. In order to assess the benefits and risks of introducing legal personality of animals, I analyze the current legal status and investigate whether animals have any rights today. Furthermore, I concentrate on whether the integration of the legal personality of the animals into the legal system is at all possible, and seek such form that would make the integration acceptable. The work is divided into six chapters. In the first chapter I examine the history of the legal protection of animals with a focus on its development in the Czech lands. The second chapter is a summary of current legislation of animal rights, especially in the Czech Republic but also in other European countries. There is a sub-chapter here dealing with international law that has a direct impact on the Czech law. In the last sub-chapter I seek an answer whether, according to the applicable law of the Czech Republic, the animals already have any rights today. In the third chapter I...
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Right to environmental information in the context of a free access to information
Prágerová, Lenka ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The subject of the thesis is right to information on the environment in the context of the free access to information. It is a progressive area of international law and czech law as well. Their common aim is to guarantee right to information to everybody without exceptions and to remove effectively the obstacles in access to the information. Environmental information are useful instrument for establishment and strengthening of civil society. This thesis aims at anaylising the content, importance and position of all the principal sources of law and determines relationship between them. The thesis puts emphasis on the analysis of the czech law and on finding its possible deficiency.
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Legal Regulation of the Natura 2000 Network in the Czech Republic and the Federal Republic of Germany
Boučková, Adéla ; Stejskal, Vojtěch (advisor) ; Damohorský, Milan (referee)
The network Natura 2000 represents a system of nature protection areas, which were established to protect and conserve European biodiversity of wild fauna and flora. This master thesis copes with the legal aspects of implementing European directives in relation with the Natura 2000 network into the national legal systems. A comparison was made between two EU-member states, the Czech Republic and the Federal Republic of Germany. The master thesis is divided into 7 chapters including the introduction and the conclusion. In the chapter 1, the subject and aims of the thesis are explained, as well as the brief history of nature conservation. Development of nature conservation in International and European law is introduced in the chapter 2. The chapter 3 focuses on legal basis of Natura 2000 regulations on European law level. Essential parts of the master thesis are the chapters 4, 5 and 6, which describe how the network was established through site designation, how the protection and site management is ensured and what assessment of plans and projects means. The law system of Saxony was chosen as an example to display some partial distinctions between the federal law level and the federal state law level in Germany. The chapter 7 consists of the conclusion and comparison between the legal regulations...
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Relation of European Union law and Czech mining law
Šváb, Jakub ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
Topic of this thesis is "Relation between European Union law and Czech mining law" and its introduction regards mining, concept of mining law and how European Union law works in general. Next chapter regards what relation human rights has to mining. Main focus of this text is overview of most important legislation of European Union law that influence Czech mining law. These are Directive SEA and EIA, IED Directive, Habitats Directive, Directive SEVESO III, CCS Directive nad Mining Waste Directive.
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Legal regulation of treating animals in human care
Židlická, Veronika ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
This diploma thesis deals with legal regulation of the treatment of animals under human care. It provides a comprehensive overview of international legislation, European legislation and also Czech laws. On the international level it describes fundamental conventions of the Council of Europe. On the level of European Union this thesis does not omit primary law of the European Union, secondary legislation as well as conceptual tools. On the national level it tries to outline the key regulations governing the treatment of animals. Next it deals with definition of an animal, creature and wildlife, and categorizations of animals. It also also includes a civil nature of the animal. The major Czech law governing the main ways of dealing with animals in captivity this thesis describes the act no. 246/1992 Coll., On Protection of Animals against Cruelty. After defining possible ways of the treatment it does not forget to acquaint with the possible torts for breach of the requirements for the protection of animals, including act no. 40/2009 Coll., The Criminal Code. In conclusion, it briefly describes the status of bodies whose activities relate to the protection of animals.
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Criminal lability in environmental protection
Svoboda, Tomáš ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
This diploma thesis deals with the Czech regulation of criminal liability in the area of environmental protection. Apart from provisions of Title VIII of Second Part of the Criminal Code, the thesis also discusses other facts-of-the-crime definitions that are not included in this title, but are relevant for the protection of environment, and certain other issues concerning the general provisions of criminal law, including the criminal liability of legal persons. The thesis also focuses on legislation falling outside the scope of criminal law that can serve as a basis for determination of illegality of these acts.
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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 protection of woodspecies
Bubeníková, Štěpánka ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
This diploma thesis deals with legislation concerning the protection of wood plants. The six chapters contained within attempt to provide a cohesive overview of this topic as a whole. Legislation in this field has undergone major changes in the recent past. The core of the thesis is an overview of the current state of legislation as it concerns wood plants growing outside the forest as enshrined in the Act on Nature and Landscape Protection. The first chapter deals with an introductory definition of what constitutes a wood plant growing outside the forest, as well as its functions. The following chapter outlines the relationship between public and private law aspects of wood plant legislation. The issue of ownership and neighbour s rights is focused on in particular. The next chapter lays out the basics of public law legislation in this field. The fourth chapter is the crux of the thesis as it deals with the protection of wood plants growing outside the forest as enshrined in the Act on Nature and Landscape Protection, especially when it comes to the possibility of felling of wood plants. The closing chapters partially deal with special forms of protection as provided by the Act on Nature and Landscape Protection in connection with other relevant legislation. The thesis also briefly touches on...
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