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Selected issues of legal regulation of the environmental impact assessment
Pekař, Ervín ; Humlíčková, Petra (advisor) ; Franková, Martina (referee)
The subject of this dissertation are selected issues of legal regulation of the environmental impact assessment. The dissertation aims to assess the legislation from the viewpoint of efficiency of an environmental protection against the negative impacts of projects on the environment and public health. The dissertation is divided into four chapters further divided into subchapters. The first two chapters are focused on a development of an EIA institute since its start, as well as international, European subsequently Czech incorporation into legislation. The third chapter examines the term of subsequent procedure as a fundamental condition for defining the set of rights and obligations in the proceedings in which projects should be allowed. The last chapter is a comprehensive overview of the various forms of public participation and opportunities for the public to enforce their interests in the assessment of the effects of projects on the environment.
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Legal regulation of expropriation
Král, Martin ; Humlíčková, Petra (advisor) ; Franková, Martina (referee)
The aim of the present diploma thesis entitled "The Legal Regulation of Expropriation" is to provide a coherent but not really comprehensive survey of the present legal regulation of the possibility of forced deprivation or limitation of property rights or the right corresponding to easement of land and structure. The thesis consists of nine chapters. Chapter One deals with the institute of property right as one of fundamental human rights, the existence of which is indispensable for the expropriation. Chapter Two is focused on the concept of expropriation: the definition of its basic elements, and its distinction from some other similar concepts. Chapter Three gives a brief survey of core legal regulations referring to the problem of expropriation. Further on, specific prerequisites for the expropriation are stated on the basis of the above regulations, beginning with the analysis of the object of expropriation (Chapter Four), through the statutory conditions as they are given in Chapter Five, to individual specific purposes of the expropriation (Chapter Six). In its final parts, the thesis focuses especially on the specifics of the expropriation procedural regulations (Chapter Seven). Chapter Eight is concerned with specific procedures. The conclusion brings in the conditions that may lead to the...
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Groundwater protection legislation
Rybka, Jakub ; Sobotka, Michal (advisor) ; Franková, Martina (referee)
Groundwater Protection Legislation The theme of this thesis is the issue of legislation of protection of groundwater in the context of Czech and European legislation. At the outset, this work deals with the historical development of the legislation concerning the protection of waters in the Czech Republic and the legal nature of water to which they relate and adjustment of their property. The main emphasis of this work is put on administrative-legal, conceptual and economic tools for protecting groundwater and deals also with the Water Framework Directive, which is the main regulation of the European Union in this area. Also presented are the main changes proposed by the amendment to the Water Act. This study thus provides an overview of current legislation on protection of groundwater, its evaluation and is concluded with author's forecast for world development in this area in the 21st century.
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Rights to use the land
Ševelová, Marie ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The subject of this thesis is to complexly discuss the rights to use the land. The purpose of this thesis is particulary to analyse the valid legal regulation of the right to use the land after the Civil Code recodification, but for better ceherence we must also discuss the history and development of the rights to use the land that the actual legislation comes from. Pivotal part of the thesis presents the institute of lease the land and emphyteutic lease, while it is just emphyteutic lease, which plays significant role in presented issue. The thesis also informs about another land-use institutes such as commodatum, precarium and fructus a ususfructus of the land. Last part of the thesis is focused on the special legal regulation which is contained out of the Civil Code. The thesis discusses the managment of the state property and restrictions which are contained in several special acts such as Forestry Act or Act on the Protection of Nature and the Landscape.
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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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Legal regulation of experimental animals handling
Kapoun, Jiří ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
Legal regulation of experimental animals handling This thesis deals with the legal regulation of experimental animals handling and their protection in international law, European union law and national law. Its goal is to complexly capture current legislation in this field, point out unsystematic or otherwise unsuitable institutes and propose means of their change. The core of the thesis is a description and an analysis of relevant parts of the Act on Animal Protection Against Cruelty, directives and regulations of the European Union and international treaties. Furthermore the thesis includes a treatise on the legal status of an animal, a brief introduction into ethical issues of animal experiments, historical evolution of relevant legal regulation and questions of administrative and criminal liability in the field of experimental animals handling.
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Purposeful Categorization of Land as an Interference with the Right to Property
Pour, Jiří ; Franková, Martina (advisor) ; Damohorský, Milan (referee)
Thesis Purposeful Categorization of Land as an Interference with the Right to Property presents an analysis of the institute of purposeful categorization of land and its specifics on a background of a theoretical thought about the right to property, the right to favorable environment and the collision of two constitutionally guaranteed rights. The purpose of this thesis is to assess current legislation of purposeful categorization of land, including the instruments that are used in relation to it, and to, based on the assessment, identify problematic issues of the legislation and asses the limitation of right to property that the individual instruments related to the institute create. Powered by TCPDF (www.tcpdf.org)
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Ownership right to land
Bitomská, Marie ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
This diploma thesis deals with ownership rights to land. Due to change in legislation caused by Act No. 89/2012 Sb., Civil Code, there were many substantial changes in the area of land ownership, which have extensive impact on some of the institutes of this ownership. This thesis deals exactly with these changes and with newly or more precisely repeatedly implemented institutes of land ownership. Whole thesis aims to give some analysis of this institute with main focus on its specifics and differences. This object is fulfilled by general interpretation, which deals with characteristics of land ownership and its specifics and then it analyses some particular institutes of land ownership mainly those which were considerably changed or newly established by the ratification of the present Civil Code. Next to comparison of present and previous Czech legislation the last chapter of this thesis is devoted to comparison of Czech and German legislation.
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Legislation protecting the environment against noise
Onderková, Barbora ; Humlíčková, Petra (advisor) ; Franková, Martina (referee)
IN ENGLISH There are many things which cause damage to the environment involving noise, although the damage caused to the environment by noise is not one of the most discussed topics in area of environmental protection. The negative effect caused by noise is as bad as the negative effect caused by other sources of damage. For this reason the extent of noise made by using devices and providing services have to be regulated by law. The legislative regulation is the only possible way to provide effective protection to the human health and well-being as well as the environment. Creation of appropriate legislation for the issue of noise, and its effect on the environment and ensuring that this legislation will be followed, and exacted should be a priority in trying to protect the environment against noise.
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Legal Regulation of International Trade in Endangered Species
Galis, Richard ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
The purpose of the thesis is to describe international, EU and Czech wildlife trade laws by identifying the regulatory measures established at these levels of law and examining them from the perspective of each. It further seeks to analyze how CITES obligations governing these measures are incorporated into the EU and Czech legislation and investigate whether they are likely implemented inadequately or, conversely, more strictly. Additionally, it points out some of the potential problems of the current legal framework as well. The thesis is composed of six chapters. Chapter one explains the goals of environmental policy in the area of nature conservation and biodiversity protection related to wildlife trade and reasons for the very existence of its regulation. Chapter two is concerned with general aspects of wildlife trade law such as its objective, purpose, principles and role within environmental law. Chapter three outlines the main and also some other relevant sources of law. Chapter four determines the principal regulatory measures which are contained within the legal regime in order to enable it to achieve its objectives. The fifth chapter then focuses on two groups of legal means designed to ensure the compliance of CITES parties and to enforce the provisions of EU and Czech wildlife trade legislation...
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