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Legal regulation of municipal waste management in the context of the circular economy
Ambrozková, Zuzana ; Sobotka, Michal (advisor) ; Damohorský, Milan (referee)
V ANGLICKÉM JAZYCE The thesis deals with the legal regulation of municipal waste management in the Czech Republic in the context of circular economy. The aim of the thesis is to determine whether the current legislation provides sufficient instruments for the transition to a circular economy in the field of municipal waste management or whether the Czech legislation is insufficient in this respect; and to suggest areas that could be supported by appropriate legal instruments. The starting point for this examination are EU Directives (in particular the Waste Framework Directive, the Landfill Directive and the Packaging and Packaging Waste Directive). The legal sources examined from the Czech environment are mainly a couple of new waste management laws from 2020: the Waste Act, the amended Packaging Act, the End-of-Life Products Act and the amendment to the Local Fees Act. The thesis further deals with the so-called recycling targets, which in terms of current municipal waste management methods represent rather ambitious targets for the level of preparation for reuse and recycling of municipal waste. The same challenge for the Czech Republic's waste management is posed by the target of maximum municipal landfill waste by 2035. Attention is paid to the actors in the field of municipal waste...
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Ecodesign of products from an environmental law perspective
Jovna, Erna ; Fabšíková, Tereza (advisor) ; Sobotka, Michal (referee)
Ecodesign of products from an environmental law perspective This thesis discusses ecodesign as an approach to design that aims to reduce the amount of negative environmental impacts of products throughout their life cycle. Over the past few years, ecodesign has increasingly come to the forefront of debates at European level, particularly in relation to the goals and principles of sustainability and circularity. The importance of this concept lies primarily in the possibility of preventing undesirable environmental impacts at the very beginning of a product's life, i.e. at the design stage. The main goal of this thesis is to analyse the legislation in the field of ecodesign in order to assess whether the current legislation is able to achieve its objectives or whether a change is desirable. For this reason, the proposal for a new European regulation, which aims to create a new framework for ecodesign, is also discussed in detail. Due to the fact that, in the author's opinion, the concept of ecodesign is not given enough space in the Czech literature, a partial aim of this thesis is also to bring this issue closer to the readers, as one of the basic prerequisites for more sustainable decisions of the subjects is their awareness. The first introductory part of the thesis defines the term and essence...
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Mitigation of Climate Change in the Energy Sector from the European Union Law Perspective
Jelínková, Anna ; Fabšíková, Tereza (advisor) ; Sobotka, Michal (referee)
Mitigation of Climate Change in the Energy Sector from the European Union Law Perspective Abstract Climate change is a global problem that can only be prevented through a systematic change in a number of areas of human activity. The key element in climate change mitigation is the measures taken in the energy sector, as the energy sector produces the largest amount of greenhouse gas emissions compared to other economic sectors. Therefore, the EU pays considerable attention to mitigation measures in the energy sector in its climate policy. The 2030 Climate & Energy Framework not only outlines the objective of reducing greenhouse gas emissions, but also prescribes binding targets on increasing the share of renewable energy in the final energy consumption in the EU and on improving energy efficiency. The aim of this master's thesis is to explain the complex climate change mitigation system in the energy sector as regulated by the EU law. The EU climate law stems from international legislation, therefore, this thesis first focuses on the basic instruments of the climate law that were adopted at the international level, and following that, it analyses the European legislation in detail. In this context, the current climate targets resulting from both international regulation and European legislation are...
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Legal regulation of construction waste management in the context of the circular economy
Prucek, Jan ; Sobotka, Michal (advisor) ; Fabšíková, Tereza (referee)
The thesis deals with the legal regulation of construction and demolition waste as a specific group of waste, especially with regard to its placement in the context of the concept of circular economy. In addition to the current state of this topic, the historical development of the legislation is presented, as well as the individual methods of construction waste management and related institutes and entities governed by this legislation are defined. The thesis has an introduction, four chapters, each of which presents the individual topics in detail, and a conclusion. The first chapter introduces the concept of circular economy, its development and legal anchorage, as well as its basic principles. The chapter also defines the concept of waste management, going beyond this to present its hierarchy and basic objectives. The second chapter analyses the development of waste legislation with a focus on construction and demolition waste and in addition presents the strategic documents of waste management, which are the Waste Management Plans. The third chapter is devoted to the object and entities of the legislation, i.e. construction and demolition waste, and waste in general, and the persons involved in waste management. For construction and demolition waste, the emphasis is on its definition and...
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Emissions trading system - European Union and China
Krutek, Lukáš ; Fabšíková, Tereza (advisor) ; Sobotka, Michal (referee)
Emissions trading system - European Union and China Abstract Emissions trading systems are one of the many instruments used in environmental protection policy. This market-based economic mechanism governs the trading of units of selected pollutants, which are for these purposes considered as a tradable commodity. This approach was pioneered by the European Union, whose emissions trading system has over the years become the largest and most successful emissions trading system in the world. The results achieved, but also the experience from the failures of the European system, have attracted international attention and inspired other countries to actively use emissions trading. So far, the People's Republic of China is the latest major subject working to implement a new emissions trading system. The choice of the path towards the establishment of a national emissions trading system demonstrates a desire to become a leading actor in global climate policy and to move towards achieving its goals in line with its obligations under international law, including the ambitious goal of peaking carbon dioxide emissions by 2030 in its rapidly developing economy. This master's thesis introduces and highlights for the reader the basic structural elements common to all emissions trading systems and further details the...
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Legal regulation of management of selected products and their waste
Bielan, Daniel ; Sobotka, Michal (advisor) ; Fabšíková, Tereza (referee)
Legal regulation of management of selected products and their waste Abstract The selected products are batteries and accumulators, electronic and electrical equipment, tyres and vehicles according to Act No. 542/2020 Coll., on end-of-life products, which regulates mainly specific waste management of these products, as it is lex specialis in relation to the general Act No. 541/2020 Coll., on waste. The secondary aim of the thesis was to describe the foundations of this legislation, and therefore in the first general part common to all selected products, the basic concepts in this area are defined, then a brief development of the legislation at the Czech, European and international level is presented. The most important chapter of the first part is the definition of extended producer responsibility as a connecting link for all selected products. It is described in the context of the legal principles of environmental law, both from the theoretical point of view and from the perspective of applicable law. Of particular importance is the description of the functioning of take-back system as one of the most widely used extended producer responsibility measures. The second part of the thesis focuses only on the area of the legal regulation of batteries and accumulators, which is subjected to an evaluation of its...
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Legislation for waste management from the trader's point of view
Dušek, Martin ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
1 Abstract Legislation for waste management from the trader's point of view The diploma thesis deals with the legal regulation of waste management from the perspective of the trader with regard to Act no. 541/2020 Coll. on waste and Decree 1013/2006 in the case of cross-border shipments of goods. The main objective of this work is to provide a comprehensive analysis of the relevant legislation de lege lata. The first chapter is devoted to waste management and the sources of legislation at the international, European and national levels. The second chapter specifies the basic concepts of waste management relevant to the trader. In the third chapter, the author approaches the subjects of waste management, with which the trader can get in touch in his activities and relationships. The fourth chapter, which together with the fifth chapter forms the focal point of the work, deals with the trader, whereas the author first enshrines the role of the trader in waste management by discussing the motivation to trade in waste, and further defines the waste trading itself. This chapter describes the procedure of the regional office, the result of which is the issuance of a waste trading permit for a certain type and category of waste. The work also creates space for comparison with the institute of waste management...
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Microplastics and plastics from view of law
Novák, Adam ; Sobotka, Michal (referee)
Microplastics and plastics from a legal perspective Abstract The dissertation deals with the management of microplastics from a legal point of view, following the ever-increasing pollution of the environment by plastics. The issue of microplastics has not yet been dealt with at this level in the Czech environment. The dissertation is not aiming only at the management of primary microplastics, which is most often dealt with by existing legislation at the level of individual states, but also at the management of secondary microplastics, which have been so far legally dealt with only by indirect regulation (through limiting plastic waste as a source of this type microplastics). The aim of the work is primarily to create an overview of the existing legislation of the management of microplastics at the international and European level (including individual legislation of the EU member states). Based on this overview is made an analysis of this legislation and are formulated proposals and recommendations for improving the management of microplastics, especially to limit their release into the environment. The dissertation is divided into nine chapters: The first chapter is the introduction, in which the grasp of the topic, research questions and the structure of the work, including the methods used, are...
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Water conflict resolution in international law
Gregorová, Markéta ; Sobotka, Michal (advisor) ; Falteisková, Sabina (referee)
Water conflict resolution in international law Abstract Riparian states across the world share common water resource in more than 200 international river basins. International law regulations of riparian states' rights and duties in the field of shared water resource utilization at the regional level is not sufficient. Conflicts between states arising from it constitute a threat to international peace and security. Given effects of climate change on freshwater resources, it is presumed that these conflicts would become more frequent in the future. This thesis deals with the topic of the water conflict prevention and resolution in the international water law. The aim of this thesis is to evaluate which conflict resolution mechanism is suitable for water conflicts. At the same time, the author asks the following research questions: What are the factors that determine the efficiency of conflict resolution mechanisms in maintaining international peace and security? How are the international legal principles of shared water resource utilization reflected in the water conflict resolution mechanisms? The thesis applies the method of theoretical analysis to water conflict resolution mechanisms and their ability to fulfill their primary objective to maintain international peace and security. It presents findings...
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Legal aspects of the circular economy
Kučerová, Zuzana ; Sobotka, Michal (advisor) ; Falteisková, Sabina (referee)
Legal aspects of the circular economy Abstract The diploma thesis deals with the issue of legal aspects of the circular economy. This concept is based on resource efficiency with the intention to minimize waste generation. This approach is considered to be the future of economies not only in the European Union, but also in the rest of the world. The thesis aims to provide a comprehensive overview of the circular economy and the legal background of this concept in the EU and the Czech Republic. Given that the legislation of the circular economy has so far been reflected at the EU and national level predominantly in the field of waste management, it forms a significant part of this thesis. The projection of the principles of the circular economy into the legal order as well as the future development of this concept is evaluated. Recognized advantages and disadvantages in the current circular economy legislation are formulated at the end of the thesis. Subsequently, the thesis sets recommendations for the future direction of the circular economy and for its efficiency enhancement.
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