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Real Estate Expropriation
Hoch, Jiří ; Drobník, Jaroslav (advisor) ; Sobotka, Michal (referee)
101 Summary Submitted thesis is titled "Real Estate Expropriation". The thesis deals in particular with actual legal regulation of real estate expropriation in the Czech Republic from both, material and procedural point of view. It contains short perspective of historical evolution of this legal institute and it determines the sources of contemporary legal regulation. There is also attention being paid to legal grounds and definition of real estate ownership rights with emphasis on land property, relations and their legal constraints. Submitted thesis also deals with special regulations of real estate expropriation and gives a glance over principles of contemporary real estate legal regulations in selected member countries of European Union. Real estate expropriation represents one of the special interferences of the state to the sphere of individuals and it is considered to be the most serious one. In various schemes it occurs in almost all contemporary law systems and in principle it can only be brought to effect upon fulfilling number of strict conditions (legal basis, public interest and compensation). Legal bounds of expropriation are subject to several international agreements such as The Universal Declaration of Human Rights adopted by the United Nations General Assembly (1948) or The European...
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Legal principles in waste management
Braunová, Eva ; Sobotka, Michal (advisor) ; Franková, Martina (referee)
Summary/Key words 80 SUMMARY Waste management principles The main purpose of this thesis is to analyze practical application of legal principles in waste management. This topic was chosen based on the publication of new Waste Framework Directive which newly deals with the issue of principles in the waste management. Fundamental principles that are being introduced in the Directive are waste management hierarchy, proximity principle, self-sustainability principle, extended polluter responsibility. The thesis is composed of five main chapters, each subdivided into several sections. First chapter introduces reader into the aspects of legal principles and describes basic characteristics of the principles, its function and points out legal theories which have occurred in the past. Introduction chapter also deals with the question of difference between legal regulation and legal principle. Following part of the introducition outlines legal regulation of waste management, as it is initial point for understanding of further sections. The third chapter is devoted to the fundamental principle of waste management, waste management hierarchy. Primarily, the term waste is being described, because it is very problematic to define it correctly and its proper definition highly influences further waste disposal. Other...
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Public participation in environmental decision-making in legal theory and practice
Humlíčková, Petra ; Drobník, Jaroslav (referee) ; Sobotka, Michal (referee)
116 9. Summary This work deals with the public participation in environmental decision-making. The institute of public participation is certainly a legitimate and useful tool of a democratic society. Properly used, it leads to streamlining of government activities and to the better environmental protection. It has its place anywhere where the natural and legal persons are wishing to defend their public interest and not solely rely on the state. In addition, the right to participate is the necessary secondary right to the right to favourable environment. The regulation of public participation do exists in all three levels - international law, ius communitaire and Czech national law. For international law, the main document is Aarhus Convention. It is not yet clear whether it is self-executing treaty in Czech law. Its main advantages are: mutual cohesion of right to information, right to participate and access to justice; the relative simplicity, brevity, and the high standard of obligations of the Parties. The most important requirement is to enable the effective public participation in principle to any decision-making whose subject could have an impact on the environment. The effectiveness is not only the main objective of convention but also the interpretative tool for each partial rights: activities...
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Instrument of direct and indirect regulation of environmental protection
Pojerová, Hana ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
102 ENGLISH SUMMARY The subject of this thesis is to describe and to analyze economical instruments of environmental protection, to define theirs functions, advantages and disadvantages and to evaluate their meaning in the whole system of instruments of environmental protection. With respect to the fact that the instruments used by environmental policy to enforce its purposes are connected to each other by many functional and strategic structures, a need to specify other instruments of environmental protection and to explain their relations to each other has also arisen. This thesis is drawn up as essay on reasons why to protect nature and all its parts and if the instruments, methods and procedures develop by now are sufficiently effective. Furthermore two most important instruments of the environmental protection are more precisely described and analyzed here - direct instruments (also called administrative-legal instruments) and indirect instruments. They are compared from the perspective of ecological effectiveness and economical operation and the main economical connections with environmental protection are also indicated here. Environmental protection as well as its instruments has, since its rise in the middle of last century, come through development, that may be divided into three basic periods....
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