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The principle of precaution in European environmental law
Petránková, Johana ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
Princip předběžné opatrnosti v evropském právu životního prostředí ix The Precautionary Principle in European Environmental Law SUMMARY The purpose of my thesis is to analyse the role of precautionary principle in EC environmental law. The reason for my research is the fact of increasing introduction of this principle into the EC legislation. Its repercussions in other areas of EC law especially in EC public health law should not be neglected neither. However the thesis describes reasons and conditions for applying the precautionary principle, it also justifies limits of its application to prevent the misuse or even abusive use of the principle. The thesis is composed of two basic parts, the first seems to be more theoretic and descriptive compared to the second one which presents the analysis of the application of the precautionary principle in practice with all its consequences. Part One is composed of two chapters, first of them describing the rise of the precautionary principle in international public law, his introduction and effects in EC environmental law. The second one illustrates guidelines for applying the precautionary principle as established in European commission Communication (COM (2000) 1). Part Two consists also of two chapters. The first of them, larger one, examines EC legal framework on...
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Participation of the public in decision-making procedures from the viewpoint of Czech, European and international law
Synáčková, Tereza ; Sobotka, Michal (advisor) ; Stejskal, Vojtěch (referee)
- 86 - PUBLIC PARTICIPATION IN DECISION-MAKING IN CZECH LAW, EC LAW AND INTERNATIONAL LAW The purpose of my thesis is to provide an outline of the most important international, EC and Czech regulation of public participation in decision-making and to analyse its main requirements. Public participation is an important principle that ensures the public to assert the right to live in an environment adequate to health and well-being and to fulfil its duty to protect the environment according to the shared responsibility principle. From another point of view, one of the characteristics of democracy is a functioning civil society where anyone can protect the environment as a public interest and public participation is an effective way to do that. Public participation in decision-making also enhances the quality and implementation of decisions that contributes to better public administration. The thesis is composed of four chapters. The first chapter is introductory and it deals with the concept of public participation and its importance in modern democracies. The second chapter concentrates on the international regulation of public participation. On the international level, the most important source of law is the Aarhus Convention. It regulates public participation in environmental decision-making together with...
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