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Right to information on the environment
Polcarová, Kristýna ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
The international obligations of the Czech Republic in relation to the right to information on the environment, following from its membership in the European Union and from the ratification of the Aarhus Convention, were fulfilled formally especially by adopting the Act on the Right of Access to Information on the Environment (InfŽPZ) and the Act on Free Access to Information (InfZ). As follows from the facts mentioned in the chapters above, however, the coexistence of both legal regulations in practice is not always easy, for the liable subjects may have difficulties especially in distinguishing, which of the two is to be used to proceed in a particular case. Further, difficulties may also occur in practice where one part of a request is to be treated under InfŽPZ and the other under InfZ. Here, the liable subject will have to deal with different legal process regulations, concerning especially the terms of attendance to the request and to the filed appeal. It is obvious that such a situation is complicated unnecessarily both for the liable subject and for the claimant, again only increasing the demands for the knowledge of law of the involved parties. With respect to the purpose of this legislation, however, it should be noted that the legislator should have de lege ferenda chosen such a legal...
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Right to information on the environment
Polcarová, Kristýna ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
The international obligations of the Czech Republic in relation to the right to information on the environment, following from its membership in the European Union and from the ratification of the Aarhus Convention, were fulfilled formally especially by adopting the Act on the Right of Access to Information on the Environment (InfŽPZ) and the Act on Free Access to Information (InfZ). As follows from the facts mentioned in the chapters above, however, the coexistence of both legal regulations in practice is not always easy, for the liable subjects may have difficulties especially in distinguishing, which of the two is to be used to proceed in a particular case. Further, difficulties may also occur in practice where one part of a request is to be treated under InfŽPZ and the other under InfZ. Here, the liable subject will have to deal with different legal process regulations, concerning especially the terms of attendance to the request and to the filed appeal. It is obvious that such a situation is complicated unnecessarily both for the liable subject and for the claimant, again only increasing the demands for the knowledge of law of the involved parties. With respect to the purpose of this legislation, however, it should be noted that the legislator should have de lege ferenda chosen such a legal...
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