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Legal regulation of air quality protection
Jelínek, Jan ; Derlich, Stanislav (advisor) ; Pokorný, Jiří (referee)
Legal Regulation of Air Quality Protection Abstract This diploma thesis provides an overview of the legislation on air quality in the Czech Republic with a focus on the regulation in the Act No. 201/2012 Coll., on air protection including a detailed analysis of some problematic aspects and current issues. Air pollution is the actual global issue that is discussed not only in the Czech Republic but also all over the world, mainly because of the harmful effects on human health and the environment. This paper is organized as follows. The introductory chapter defines the necessary terms, which are essential to the following text of the paper. This chapter also describes the distribution of air pollutant sources and the importance of this distribution for subsequent obligations. The next chapter provides an overview of the historical development of Czech, international and European air quality legislation following by chapters, where the individual types of regulatory instruments to reduce air pollution are analyzed. The chapter on conceptual instruments mainly focuses on the National Emission Reduction Programme of the Czech Republic and an Air Quality Improvement Programs, including an analysis of the changes brought by the amendment to the Air Protection Act implemented by Act No. 172/2018 Coll. Moreover...
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Legal regulation of trade in CITES specimens
Krejčová, Iveta ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
Excessive usage of wildlife is the second most common cause of species decline on our planet, and thus one of the direct threats to biodiversity. Since biodiversity has a virtually existential significance for the well-being of people, it needs to be cared for in order to slow down its decline. The aim of this thesis is to analyze and evaluate legal regulations at the international, EU, and Czech level, to present the instruments and institutes used to regulate the trade in CITES specimens, and to propose solutions for potential problems. Where deemed necessary or appropriate, a comparison of international legal regulations with EU and Czech legislation is made. This thesis is divided into 6 chapters that are further internally subdivided into subchapters. The first chapter deals with the importance of trade in endangered species of fauna and flora in relation to the loss of biodiversity. The second chapter provides an overview of the legal regulation governing trade in endangered species at different levels (international, EU, and Czech). The third chapter introduces the individual bodies responsible for the implementation of the Convention CITES (or Regulation No. 338/97) at international, EU, and Czech level. The Czech national authorities are classified according to the Act no. 100/2004 by the...
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Legal regulation of special territorial conservation of nature in the Czech Republic and in the State of Israel
Šichmanová, Kateřina ; Derlich, Stanislav (referee)
This diploma thesis deals with the analysis and comparison of the legal regulation of special territorial nature protection in the Czech Republic and the State of Israel. The main aim of the diploma thesis is to provide an overview of the legal regimes pertaining to special territorial nature protection in the compared countries and to confront different legal institutes and thus draw attention to some problematic aspects of the present law. The thesis is divided into 5 chapters. The first chapter provides an introduction and is followed by the second chapter, which deals with the legal regulation of the special territorial nature protection in the Czech Republic and it is divided into five parts. The first part of the second chapter briefly introduces the historical development of establishing specially protected areas and also describes former legal regimes of the special territorial nature protection. Since national and international legal regulation in this field are closely connected, the thesis emphasises the most important international treaties in the sphere of special territorial nature conservation, including the legal framework of the European Union. The third part is concerned with classifications of the specially protected areas in the Czech Republic and the process of their...
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Legal regulation of the creating and protection of the Natura 2000 network
Jiráková, Jana ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
1 Abstract This thesis deals with a complete legal analysis of the process of the creation and the protection of the Natura 2000 network. The Natura 2000 system is a system of protected areas created on its territory by all EU Member States. Its aim is to protect the rarest and the most endangered species of wild plants, wildlife and natural habitat types occurring within the European Union. At the heart of the network there are two key legal acts of secondary legislation on nature protection, namely Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds and Council Directive 92/43/EEC on the conservation of natural habitats. The diploma thesis is structured into five voluminous chapters. In the first chapter, the author mentions international treaties which, with their subject-matter of protection, intertwine with the natura's directives and (not only) laid the foundation for their later admission. In the second chapter entitled Natura 2000, in the context of EU law, it draws attention to both the basic EU legal acts which gave rise to the Natura 2000 network but also to important soft law documents and the Regulation 1143/2014 of the European Parliament and of the Council on non- native invasive species whose interdependence with the said Directives is beyond...
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Remedial measures in the protection of environment
Málek, Jiří ; Derlich, Stanislav (advisor) ; Pokorný, Jiří (referee)
In the field of environmental law, some people consider the most important provisions enforcing environmental standards. However, not only in law, it is necessary to think about situations in which the subjects do not respect the law and adjust their responsibility in the event of violation of their duties. Without adjusting the remedial measures, the restoration would only be a moral obligation. Under such circumstances, the measures would be mostly financed by the state and there would not be any possibility of regression to the originator. That is the reason, why effective remedial measures, which can be characterized as a frontier institute between prevention and sanctioning, are needed. At present, remedies can be imposed through a relatively diverse range of legislation, of which the most important should be Act No. 167/2008 Coll., On Prevention of Environmental Damage and its Remedy. Remedial measures are, however, usually imposed on the basis of constituent laws for which the imposition of sanctions and corrective measures is not linked to the occurrence of environmental damage but to a specific breach of the obligations laid down. The environmental authorities are thus proceeding also because even before the effectiveness of Act No. 167/2008 Coll. there was a relatively high level of...
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Legal regulation of air quality protection
Glozyga, Dušan ; Derlich, Stanislav (advisor) ; Sobotka, Michal (referee)
This thesis deals with the issues associated with the legal regulation of air quality protection. The main objective is to describe, analyse and evaluate the condition of the current legal regulation which is mainly represented by the Act no. 201/2012 Coll., on the protection of air. The introductory part of the thesis focuses on the historical development of the legal regulation, its primary milestones, as well as legal regulation according to International and European Law and its impact on the internal national legislation. Furthermore, the thesis also focuses on the currently valid legal regulation and its components and clarifies its basic terminology. The largest portion of the thesis focuses on the legal regulation of the individual instruments regulated primarily by the Act no. 201/2012 Coll., on the protection of air, with the primary focus being the stationary sources of pollution. These instruments are sorted into traditional groups, each respectively representing conceptual, administrative-legal and economic instruments. The chapter on conceptual instruments primarily focuses on the two fundamental instrumental programs, that is a) - The National Emission Reduction Program of the Czech Republic, and b) - programs aimed at improving air quality and their importance in legal regulation....
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The Legislation Governing Energy Efficiency in the European Union
Štípa, Martin ; Sobotka, Michal (advisor) ; Derlich, Stanislav (referee)
THE TITLE OF THE DIPLOMA THESIS AND ABSTRACT TITLE: The Legislation Governing Energy Efficiency in the European Union ABSTRACT: The European Union's energy policy has undergone a major transformation over the last few years. The interest in ensuring sustainability, self-sufficiency, competitiveness and secure energy supplies leads to deeper energy integration among Member States. High energy efficiency is an ideal tool for achieving these particular objectives because its basic principle is to provide more services while using the same or even less energy. As a result, a variety of conceptual instruments and relevant legislation have been revised over the last few years, which was accompanied by a conflict of interest between various stakeholders and the adoption of less than ideal compromise solutions. This diploma thesis aims to evaluate the current legislation on energy efficiency in the European Union, including its development. The thesis is divided into three parts, the first of which represents the initial theoretical basis that aims to define the basic concepts and indicators of energy efficiency. The second part deals with the strong link between environmental protection and energy efficiency while emphasizing the importance of fundamental environmental principles that are reflected in the...
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The Czech Environment Inspectorate
Kremplová Mendrygalová, Nina ; Sobotka, Michal (advisor) ; Derlich, Stanislav (referee)
1 The Czech Environmental Inspectorate Abstract This Master's thesis describes and analyses the Czech Environmental Inspectorate, a specialized supervisory authority that oversees compliance with legal regulations and administrative decisions rendered by the public administrative authorities in the area of the protection of the environment. The partial aim of this thesis is to introduce the Czech Environmental Inspectorate and to highlight its irreplaceable role at environmental protection in the Czech Republic. The main aim of this thesis is to describe and analyze the supervision activity of this authority and its follow-up measures, which are assigned to this authority by the legal regulation, and to highlight the changes brought by two fundamental legislative changes, namely the adoption of Act No. 255/2012 Coll., on administrative control (Control Code) and Act No. 250/2016 Coll., on administrative offenses, that influenced this authority. This thesis consists of four main chapters. The first and second chapters of this thesis are the introductory chapters. The first chapter highlights the current importance of environmental protection and specifies the role of administrative supervision as an essential tool to protect the environment. The second chapter presents the basic historical context of the...
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Legal regulation of the treatment of animals under human care
Slabová, Tereza ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
1 Abstract Diploma thesis: Legal regulation of the treatment of animals under human care This diploma thesis deals with legal regulation of the treatment of animals under human care at the national, international and European Union levels. It is systematically divided into four main chapters. The first chapter deals with the definition of relevant animal protection concepts, in particular defines the difference between the concepts of animal, creature and wildlife, it also gives an overview of further categorization of animals such as experimental animals, farm animals, animals breed for hobby, handicapped animals, animals that need special care from human, wandering and deserted animals. In my second chapter, I attempted to outline the relationship between national and international law. Firstly is the diploma thesis devoted to presents five most important agreements adopted within Council of Europeat international level, then mentions the Universal Declaration for protection of animals adopted within the United Nations organizations. In other part of the second chapter I devote to legislation at European Union level describing primary and secondary legislation, as well as conceptual tools. At the level of the Czech Republic, thesis divides the legislation dealing with direct protection of animals against...
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