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Access to Justice in Environmental Matters
Bernard, Michal ; Damohorský, Milan (advisor) ; Smolek, Martin (referee) ; Sobotka, Michal (referee)
The aim of this work on Access to Justice in Environmental Matters is to describe possibilities of access of natural and legal persons to the judicial protection of the environment in the Czech Republic. Judicial protection is an important element of ensuring the right to favourable environment. To ensure effective environmental protection and the rights of individuals to the favourable environment, it is necessary to ensure the widest possible access of natural and legal persons to public authorities and courts claiming the illegality of decisions, acts and omissions of public authorities or third parties. Broad judicial protection of the right to favourable environment is necessary and indispensable part of democratic system and a prerequisite for the functioning of basic human rights in practice. This work must first address the question of substantive legal right to favourable environment -its content and range of entities to which this fundamental constitutional right belongs. Right to favourable environment means the right to an environment which is polluted below given limit. Thus, on environmental polluted and stressed as a consequences of human activities, including the introduction of physical, chemical or biological agents emissions and agents in extent to which the legal regulations on...
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Caves and their legal protection
Chvátalová, Eva ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
This diploma thesis aims at Czech legislation related to conservation of caves both in terms of its link to the protection of caves as subterranean spaces and parts of the natural environment and of its relation to other fields of expertise, including legal studies (e.g., mining law) and other disciplines (e.g., geology, carsology). First, our attention is paid to definition of the term "cave" and to links of the term to natural sciences. Further, we analyse the development of legal conservation of caves and approaches to caves as a subject of legislation per se. The example of Slovenia - being a prominent speleological country with recognized legislation in terms of its quality and detail - is used in order to compare Czech approaches to cave conservation. Concerning the practical issues, we present an example of conservation effort devoted to one single cave in Czechia, which enables to describe functioning of legal conservation tools, including the themes where these tools overlap. We also present and discuss the only one Czech case-law dealing with the legal aspect of caves.
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