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Environmental policy instruments in the Czech Republic
Bavšenkov, Sabina ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
Environmental policy instruments in the Czech Republic This thesis deals with environmental policy instruments and related issues. In the introduction I analyze in general what the environment is and what role it plays in our life and its importance for life, then also by short historical excursion and also by the very definition of what is the environment and also the environmental policy itself. A large part is occupied by environmental policy actors that are an integral part of this area, as it would not be possible to carry out environmental policy without them. I divide them into state and non-state, among which the main difference is especially in volunteering. I describe their activities and examples of using individual tools in their performance. An important part is also an insight into the international area in the field of international environmental conferences as well as the European Union action plans. This section presents a brief overview of the development of international conferences on environment and sustainable development. Then, in the European Union, I am analyzing the last seventh action program in detail. Last but not least, it is also the State Environmental Policy of the Czech Republic as an important strategic document defining the further direction of the development of...
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Land Servitudes and Their Recording in the Land Register
Rybář, Robin ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
LAND SERVITUDES AND THEIR RECORDING IN THE LAND REGISTER - ABSTRACT The diploma thesis focuses on land servitudes, a type of property rights that bears the utmost importance. The essence of land servitudes is an obligation of an owner of land to ab- stain from doing something or to tolerate certain activities performed by an owner of other land. Land servitudes are an ancient legal institute dating as far back as the law of Ancient Rome. The essence of the institute has remained the same, but the legislation has undergone several changes over the centuries. Individual aspects of this legal institute are examined in the thesis, starting with the cre- ation of land servitudes, leading on to their content and ending with their extinction. The clas- sification of servitudes as rights in rem is taken into account and the legal consequences of this placements are deduced. Attention is primarily paid to the content and scope of servitudes, to individual means of acquiring a servitude and their creation, to legal relations arising from ser- vitudes, to the protection of servitudes and to the extinction of servitudes. A significant part of the thesis deals with particular types of land servitudes listed by the Civil Code. The subject of land servitudes is completed by the issue of recording land servitudes in the...
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Legal principle of superficies solo cedit and its significance in land law
Humenná, Katarína ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The topic of the diploma thesis is the legal principle superficies solo cedit and its return into the Czech law. The main aim of this thesis was to give a comprehensive view of this issue, especially how the return of the principle has changed land law relations. The first part of the thesis describe the division of the law to private law and public law. The first part is followed by the historical excursion which describes how the principle originated and how and whether it was part of the legal order in the past. The next chapters of the thesis are the main part of the work and describes the principle in todays law. Firstly the incorporation of the principle into the Civil Code is described and then individual paragraphs governing the principle follows. The definition of the basic terms as land, construction and temporary construction which are used by Civil Code but not described in it are the topic of next chapter. Next, relatively extensive chapter named line constructions describes exceptions to the principle. The basic definition of exceptions can be found in the Civil Code but more detailed regulation is contained in public acts, therefore private and public law is intertwined in this area. Easements to real estate, historical development of its legislation and today's legislation in this...
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Legal regulation of special territorial protection of nature and landscape in the Czech Republic
Šílený, Jan ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The topic of this diploma thesis is legal regulation of special territorial protection of nature and landscape in the Czech republic. The diploma thesis focuses itself mainly on the legal regulation of large-scaled specially protected areas, however some room is given also to small-scaled specially protected areas and to Natura 2000 system. This diploma thesis is systematically divided into the introduction, three parts and the conclusion. The main part of this thesis is its second part. The fisrt part deals with the protection of the environment in general and its component protection (air protection, water protection, soil protection, forest protection and protection of nature and landscape), and also defines the most important terms in field of nature and landscape protection. The second part of this diploma thesis in its first chapter deals with the differentiation of the general nature and landscape protection from the special protection of nature and landscape, the division into territorial and species protection and the distinction of large-scaled and small-scaled specially protected areas. The second chapter of this section deals with specially protected areas in the Czech republic and also contains units dedicated to individual specially protected areas (national parks, protected landscape...
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Caves and their legal protection
Chvátalová, Eva ; Franková, Martina (referee)
This diploma thesis aims at Czech legislation related to conservation of caves both in terms of its link to the protection of caves as subterranean spaces and parts of the natural environment and of its relation to other fields of expertise, including legal studies (e.g., mining law) and other disciplines (e.g., geology, carsology). First, our attention is paid to definition of the term "cave" and to links of the term to natural sciences. Further, we analyse the development of legal conservation of caves and approaches to caves as a subject of legislation per se. The example of Slovenia - being a prominent speleological country with recognized legislation in terms of its quality and detail - is used in order to compare Czech approaches to cave conservation. Concerning the practical issues, we present an example of conservation effort devoted to one single cave in Czechia, which enables to describe functioning of legal conservation tools, including the themes where these tools overlap. We also present and discuss the only one Czech case-law dealing with the legal aspect of caves.
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The restriction of real property for the protection of nature and landscape
Bednářová, Blanka ; Damohorský, Milan (referee) ; Franková, Martina (referee)
The aim of the diploma thesis is the analysis of legal instruments regarding the restriction of the ownership of real property arising out of the protection of nature and landscape. This diploma thesis is divided into 7 chapters including the introduction and the conclusion. The second chapter deals with the constitutional origin of the respective legal institutes. The third chapter deals with the conflict of the fundamental rights. The fourth chapter provides for the fundamental institutes, their basic components, and their legal basis in private and public law. The fifth chapter is concerned with the particular restrictions of the ownership of real property as stipulated by relevant legal regulations. This chapter is divided into the analysis of the act no. 114/1992 Coll. in general and the analysis of the general and special protection of nature and Natura 2000 and provides examples of the respective legal institutes. The sixth chapter defines the restriction of the ownership rights arising out of other acts. The conclusion is concerned with the comparison of the aforementioned legal institutes and the evaluation of the particular features thereof. The conclusion also provides proposals for prospective changes in the relevant legislation.
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Conceptual tools of spatial planning and its specifics in specially protected areas in Šumava
Komárek, Matěj ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
Conceptual tools of spatial planning and its specifics in specially protected areas in Šumava The thesis concerns with the relation between nature and landscape protection and spatial planning in Šumava. In Šumava we find Czech biggest national park and the whole area is protected with some other territorial protection tools of landscape and nature. Simultaneously we find in Šumava a large number of villages some of them located in the most strictly protected areas. In 2017 an amendment to the act no. 114/1992 Coll., on nature and landscape protection, was approved. The thesis was created at the turn of 2019 and 2020 when some territorial protection tools, such as quiet zones in national park, national park management plans and national parks zoning systems were redefined based on the 2017 amendment. This amendment has changed significantly the protection tools of landscape and nature and strengthen its role in the national parks. The mayors of municipalities were outright against the amendment and argued that as a result of this amendment the development of the villages would be limited. The thesis concerns with specifics of conceptual tools of spatial planning in Šumava, i. e. how the villages are limited in its territorial development by the existence of specially protected areas, also...
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Operation of a collective system according to the End-of-Life Products Act
Mehl, Jakub ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
Operation of a collective system according to the End-of-Life Products Act Abstract This thesis deals with the operation of a collective system for fulfilling the obligations of producers of electrical equipment, batteries and accumulators and tyres. This is a current and from the environmental perspective very important issue, which is not only almost unknown to the general public, but also the professional public does not approach it with due attention. The main objective of the thesis is to analyse the new legislation and assess whether it may contribute to the transition to a circular economy. The sub-objectives consist of summarising the evolution of waste management in the Czech Republic with regard to the background resulting from European Union law, presenting the collective system as an alternative platform for the fulfilment of environmental obligations of producers and taking into account the approaches applied in the European Union Member States, as well as providing suggestions for potential amendments. The thesis is divided into five chapters. The first chapter concerns the development of the approach to waste management, focusing primarily on European Union law and principles, at the same time it explains the reasons for the adoption of the current national legislation. The second chapter...
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Legal aspects of operating leisure activities in nature
Kamler, Jindřich ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
1 Legal aspects of operating leisure activities in nature Abstract The purpose of the work was to examine the legal regulation of engaging in leisure activities in nature with the aim of assessing whether legislators have managed to adequately balance the public interest in environmental protection while also establishing a regime that does not hinder people's access to natural resources. The focus is primarily on the regime within specially protected areas and in forests. In the thesis, I emphasize the clarity of the legal framework, as it is immensely important due to the limited possibility of enforcement in the field of environmental protection. A well-informed operator of leisure activities is more likely to adhere to established rules and thus not harm nature. This is, in fact, the goal of the legal regulation, since environmental damage is often irreversible. In the thesis, I arrive at the conclusions that the legal regulation of leisure activities in nature adequately protects the environment through a wide range of mechanisms, simultaneously allowing for limitations to be set in a manner that keeps natural resources accessible. However, the legal framework is not sufficiently transparent for the average user, which could lead to their resignation from adhering to the established rules....
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