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Legal regulation of creation and protection of Natura 2000 network
Papíková, Daniela ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The aim of this thesis was to analyze the legal regulation of the creation and protection of the Natura 2000 network from the perspective of international environmental law, the EU law and the Czech law. The thesis is divided into five major chapters. The first chapter explains the concept of Natura 2000 and what are the purposes pursued by the system. The second chapter covers the area of legal regulation in the area of nature protection from the perspective of international law and its relationship to Natura 2000. Next chapter deals with the regulation of the Natura 2000 from the perspective of EU law. The fourth chapter focuses on mapping the decision- making of the Court of Justice of the European Union concerning the Natura 2000 network. The fifth part describes legal regulation of Natura 2000 network from the perspective of the Czech legal order.
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The comparison of the legal regulations of nature conservation in the Czech Republic and in Germany in the context of the EU law
Vráželová, Michaela ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Smolek, Martin (referee)
The doctoral thesis is thematically focused on a particular area of the environmental law, nature conservation. The first chapter presents selected significant international conventions and EU regulations, e.g. the Birds Directive and the Habitats Directive. The other parts deal with a comparison of the constitutional framework of environmental protection and nature conservation including the introduction of the general principles of the nature conservation in Federal Act on the Conservation of Nature and Landscape. Other chapters are focused on a comparison of general and specific nature conservation. The thesis contains selected decisions of the Court of Justice of the European Union against Germany. In the conclusion, the answers to questions are given, the introduced legislation is compared and substantial differences in both legal systems are discussed.
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Legal regulation of hunting management
Krejčová, Kristína ; Snopková, Tereza (advisor) ; Stejskal, Vojtěch (referee)
in English The present Master's thesis deals with the hunting legislation in the Czech Republic. The thesis is divided into 4 chapters, some of which are further subdivided into subchapters. The first chapter contemplates the history of hunting. The second chapter provides a detailed overview of the sources of the hunting legislation. The analysis covers the sources of the Czech legislation, the European legislation and international treaties. The third chapter is the key chapter of the thesis. It encompasses a detailed analysis of the applicable Czech hunting law. The fourth and last chapter contains the hunting legislation of the Slovak Republic. A part of this chapter is a comparative analysis of the Czech and Slovak hunting legislation. The main objective of this thesis is to analyse in detail the current hunting legislation, to emphasise the major deficiencies and to propose appropriate solutions.
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Criminal liability in environmental protection
Novotná, Barbora ; Stejskal, Vojtěch (advisor) ; Snopková, Tereza (referee)
141 Abstract The topic of this thesis is criminal liability within the environmental protection. Introductory chapters are devoted to the definition of basic concepts of the whole matter (environment, environmental protection, criminal liability etc.) and kinds of legal liability in the field of environmental protection. Another chapter deals with international and EU aspects of matter aforesaid. Furthermore, this thesis analyzes the adjustment of criminal liability within the environmental protection in the Czech Republic, at first for natural and consequently for legal persons whose criminal liability has been introduced in the Czech Republic for relatively short period of time. The final chapter is focused on the comparison of Czech and French criminal liability legislation of legal persons in relation to the environment.
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Criminal liability of legal entities in the area of environmental protection
Paráčková, Monika ; Stejskal, Vojtěch (advisor) ; Humlíčková, Petra (referee)
The purpose of this thesis is to assess the new legislation on criminal liability of legal entities in the area of environmental protection. At the beginning the thesis deals with the core terms of the whole thesis, which means environment and legal entities and it describes tort liability in the area of environmental protection in general. Then focuses in detail on the criminal liability of legal entities, which is relatively new institute for the law of the Czech Republic. It deals with the development of legislation, including the international and EU development and proceedings against legal entities and sanctions, which may be imposed. One of the chapters is devoted to the detailed specification of crimes against the environment, which can be committed by legal entities. The conclusion of the whole thesis is devoted to the use of the new legislation in the area of environmental protection in practice and its comparison with the legislation in the Netherlands.
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Protection of environment in criminal law
Gříbková, Andrea ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
The final thesis is focused on the environmental protection in the Czech republic in the field of criminal law. Chapters are concentrated on the explanation of the basic elements, relations and principles for better orientation in the issue of criminal law environmental protection (Chapter 2). It also analyzes the evolution of the environmental protection in the Czech republic, in the European Union and on the international level in general (Chapter 3). The final thesis is mostly focused on the subject of the substantive criminal law (Chapter 4). The elements of a crime are defined and analyzed. Furthermore the attention is directed towards a criminal liability and sanctions in case of a violation of the environmental protection rules covered by criminal law justice. In its final chapter, the thesis concentrates on the procedural part of the criminal law (Chapter 5).
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Public participation in environmental decision-making procedures
Hlaváčová, Lenka ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
1 Abstract The theme of the thesis is public participation in environmental decision-making. Its main aim is to analyse its current legal regulation in the Czech Republic and its deficiencies. The Czech Republic as a party to the Aarhus Convention and a member of the EU is obliged to ensure that the Czech legal regulation complies with the regulation of public participation contained in the Aarhus convention and the EU law. Therefore a small part of this thesis is devoted to analyse those regulation. Main focus, however, lies with the Czech regulation. The thesis examines the most important acts containing the regulation of public participation and draws attention to its deficiencies as well as to the relevant case law. While analysing the specific acts and their deficiencies the thesis focuses on two questions. Firstly, whether all the persons who should be granted the possibility to participate in environmental decision-making under the Aarhus Convention are given this possibility under the Czech law. And secondly, whether the given possibility is truly effective. Finally, the thesis deals with the possibility to redress the inadequate legal regulation by amending the current legislation or by changes in the judicial interpretation.
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Protection of the Environment through Criminal Law
Bejčková, Pavla ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Pekárek, Milan (referee)
The main goal of the thesis is to answer the question, whether the current Czech criminal legislation enables effective punishment of serious environmental offences and ensures the enforcement of rules on environmental protection in a more efficient way than administrative sanctions. Protection of the environment through the criminal law can be traced in the Czech Republic back to 1980s. However, criminal law has until now played only marginal role in the sanctioning of offences against the environment. Majority of environmental offences are prosecuted in administrative procedures. Since 1990s the international community and later also the EU have discussed the need to pursue a harmonised criminal policy aimed at the protection of the environment. In case of serious environmental violations criminal law penalties are perceived as a more effective and appropriate measure than administrative penalties. Despite the fact that most of the potentially harmful activities are strictly regulated by both EU and national environmental law, environment continues to be threatened by pollution and excessive exploitation and environmental rules are being breached. The most serious environmental crimes are related to waste management, trade in endangered fauna and flora species and discharge or emission of...
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The protection of landscape in the law
Matyáš, Jiří ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
The protection of landscape in the law The thesis analyzes the legal protection of landscape and describes basic legal institutes of the international, European and Czech law which protect landscape. The thesis is divided into four chapters. The introductory chapter defines the term landscape and its scientific and legal meaning and presents the most serious problems of landscape in the present. Chapter Two characterizes the substantive law on the international level and is concerned with an analysis of international treaties. Chapter Three investigates the legal regulation of the protection of landscape in the European Union. Chapter Four provides an outline of the relevant Czech legislation, especially The Act No 183/2006 Coll. Building Act and The Act No. 114/1992 Coll. on Protection of Nature and the Landscape.
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The Legal Regulation of Fishery
Lubovský, Zbyněk ; Damohorský, Milan (advisor) ; Müllerová, Hana (referee) ; Stejskal, Vojtěch (referee)
IN THE ENGLISH LANGUAGE The subject of my doctoral dissertation is an exploration of fishing rights as a collection of a wide range of legal norms regulating the behavior of the recipients only in the performance of fishing, but also in civil, administrative and criminal relations with the breeding and hunting fish related. Due to the current lack of scientific literature on this topic, the thesis also basic definition and status of the Czech Fishing rights in the legal system of the Czech Republic and important connections not only in relation to the institutions of environmental law, but also of civil and criminal law. Basic Institutes of fishing rights are always described as in historical context, as from the time of its inception developed, as well as in international comparisons of countries that their cultures are very close to us.
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