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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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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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Balancing Public Interests in Nature Protection
Vomáčka, Vojtěch ; Franková, Martina (referee)
Balancing Public Interests in Nature Protection Abstract This thesis focuses on the broader scope and the implications of balancing of public interests in nature protection. Czech Nature and Landscape Protection Act (Act No. 114/1992 Coll.) often requires the existence of an overriding public interest in order to allow interference with protected environmental interests. Furthermore, it implements requirements of the Birds Directive and the Habitats Directive, which introduced the concept of IROPI in protection of habitats and particular derogatory regimes from the protection of wild birds and endangered species. The traditional Czech nature conservation system has not been consumed or displaced by the requirements of EU rules. Both systems employ a slightly different approach to territorial protection, but the derogations in general rely on the same set of conditions including the concept of public interest, which needs to be interpreted in each individual case. The core of the thesis lies in the analysis of the case law of the Czech courts and the Court of Justice of the European Union, in particular with an emphasis on common requirements for the identification and balancing of public interests in protection of nature. The author suggests that balancing of nature protection and other public interests...
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The use of conserved microsatellite locus for the study of the population structure of afromontain birds
Franková, Martina ; Munclinger, Pavel (advisor) ; Bartáková, Veronika (referee)
The Sky islands are alpine habitats that are geographically separated by the surrounding lowlands. These dynamic systems affect species distribution and population structure. They are also generators of diversity with a high degree of endemism and offer considerable potential to explore how different evolutionary processes lead to species formation. This work was focused on the analysis of the population structure of six species of songbirds living on the Sky islands of the Cameroon volcanic line. Conservative microsatellite loci were used for this analysis. I tested 17 conservative loci, each of them was amplified in at least 4 species. Reduced polymorphism is unlikely affected by genetic distance, but by phenomena such as genetic bottleneck, founder effect, or long-term inbreeding. Despite the higher incidence of null alleles and lower locus variability, I was able to use the data in population studies. Among the populations of endemic species Cyanomitra oritis and Arizelocichla tephrolaema, I detected an increase in genetic differentiation and near- zero gene flow between the sky islands. Conversely, species with wide distribution of Cinnyris reichenowi and Linurgus olivaceus showed extensive gene flow between sky islands. Partial isolation in sky islands was detected in Cryptospiza reichenovii and...
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The Voluntary Tools of Environmental Protection
Švehlová, Nina ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The diploma thesis is focused on the voluntary tools of environmental protection, those representing a remarkably wide and variable group of tools. The aim of this thesis is to create an integrated and compendious overview of the previously mentioned tools applied not only in the Czech Republic, to outline its basic characteristics, ways of its usage, and its mutual combinations, including the analysis of the legal regulation of the voluntary tools. After the two introductory chapters dedicated to the environmental policy and the system of all tools of environmental protection the following chapter deals with the voluntary tools only, dividing them for the purposes of this diploma thesis into categories of regulatory, informative, and educational tools. Considering the extent of the topic, the author decided on a detailed analysis elaboration of the three chosen tools in the following part of the thesis. In the fourth chapter the diploma theses concentrates on the EMAS according to the Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community Eco-Management and Audit Scheme (EMAS), which is being compared to the second implementation option of Environmental Management System, that is represented by the internationally...
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Restrictions of the land ownership
Trčková, Michaela ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
This diploma thesis is focused on the legal regulation of individual institutes which mean the restriction of disposal of subject of the right of ownership. For the purpose of this diploma thesis the subject of the right of ownership means the land, respectively the plot within the intention of the Act No. 256/2013 Coll. on Land Register. The plot is an individualized part of earth surface which is determined by a boundary. In accordance with the above it is presumed that where the author uses "land", she means the plot. The aim of the diploma thesis is to present the detailed analysis of individual legal regulations which manage restrictions of plot ownership. It is clear that the topic of the diploma thesis is quite comprehensive, so the author has decided to present the basic concepts at first. The basic concepts are a land, real estate, plot and parcel and right of ownership. The author has build on the part of right of ownership the chapter two, which is about the restrictions of right of ownership that are laid down in the constitutional order and Act No. 89/2012 Coll., the Civil Code. Chapter two reflects the reasons behind the enactment of the restrictions of right of ownership in the legal order. The flagship part of the thesis is in the chapter three and four. This section is an analysis...
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The legal regulation of the environmental impact assessment
Vondrášková, Terezie ; Sobotka, Michal (advisor) ; Franková, Martina (referee)
The main goal of this thesis is to provide a description and analysis of the Environmental Impact Assessment (EIA), which is one of the significant legal tools of environmental quality protection. This process precedes the development consent to the project and his purpose is to identify and comprehensively evaluate environmental impact of a project. The first part of this thesis is focused on the international and European legal context of the EIA. This part introduces the key international treaties related to the EIA (the Aarhus Convention and the Espoo Convention), then an example of the EIA's integration into policy of one of the international organisations (an example of the World Bank) and the reflection if the EIA procedure can be considered as part of the international customary law. In the second part of this chapter the context of the European law (especially the revised Directive 2011/92/EU) and the current Czech legal regulation is outlined. The second part of this thesis consists of the analysis of the Czech legal regulation of the EIA under the Act No. 100/2001 Coll., on the Environmental Impact Assessment, with the emphasis on its recent amendments (especially the amendment of Act No. 326/2017 Coll. effective from 1 November 2017). In this part the essential elements of the EIA...
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Public participation in procedures under the Building Act
Vozák, Jiří ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
Public participation in the procedures under the Building Act Abstract This work deals with the participation of environmental NGOs in environmental decision-making with emphasis on the procedures under the Building Act. The purpose is to evaluate the level of public participation in the Czech Republic and assess whether it meets the international obligations. The protection of the environment relies on the activity of public authorities. However, the public participation also plays an important role in this matter. The public participation is a valuable tool of a democratic society, as it may help to protect the environment. The institute of public participation takes many different forms. The rights and duties related to the public participation may vary depending on its particular form. Natural and legal persons are both able to take part in decision-making of public authorities. Nevertheless, these two subjects have different position and may set up different claims in the administrative procedures. The institute of public participation is not regulated unanimously. The regulation varies upon different acts and areas of participation. The regulation of public participation exists at several levels - the international law, the law of the European Union, the national constitutional law and the Czech...
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Legal regulation of nature and landscape conservation in Brdy Protected landscape area
Abrhámová, Veronika ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
Thesis title Legal regulation of nature and landscape conservation in Brdy Protected landscape area Abstract The topic of this thesis is an analysis of the Brdy Protected landscape area from the point of view of nature and landscape conservation and its legislative regulation as well as some practical problems raising out from the new legislative regime of this territory. The thesis is focused on the description and analysis of specific legal institutes, especially the special territorial conservation of nature, which has been chosen taking into account the specifics of the protection regime in this area of protected landscape territory. The thesis is conceptually divided into two parts. The first deals with the general legal regulation of nature and landscape conservation, when it is connected with the second part which deals only with the Brdy Protected landscape area. The thesis consists of an introduction, seven chapters, and a conclusion. The first chapter is focused on nature and landscape conservation in terms of progression of legislative regulation applicable within our borders, comparation of advantages and disadvantages of major scientific approaches to such protection, and their incorporation into international and national law, with inclusion of introduction of the institutional structure of...
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The protection and sustainable use of forests from the legal point of view
Bašný, Vojtěch ; Stejskal, Vojtěch (advisor) ; Průchová, Ivana (referee) ; Franková, Martina (referee)
1 The protection and sustainable use of forests from the legal point of view Abstract The main goal of the dissertation is to provide a comprehensive analysis of fundamental sources of legal regulation of forest protection and sustainable use of forests, to identify main shortcomings of existing instruments and the possibilities to overcome these deficiencies in the future at the international level, European Union level, and the level of the Czech Republic. The dissertation deals first with the significance of the complex forest functions, through which the economic social, ecological, cultural and spiritual needs of the whole society are satisfied and are indispensable for all life on Earth. The legal regulation should strive to ensure the balanced use of forest functions by promoting the principles of sustainable forest management, the protection of forest functions and the general use of forest by the public. In view of the importance of forests beyond the borders of a state, the dissertation deals also with the status of the forest as a natural resource, which is fundamentally influenced by the principles of international and environmental law. In order to increase the responsibility of states for forest protection, it would help to regard forests as a natural resource of "common concern", the...
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