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The community and environmental protection from the legal point of view
Kodrasová, Alena ; Sobotka, Michal (advisor) ; Stejskal, Vojtěch (referee)
The aim of this thesis is to analyse the position of the municipalities in the area of environmental protection, to refer to municipal problems in this sphere, which come up in current scope of duties and to present some of the instruments, the municipality can solve this kind of issues with. The thesis is composed of four chapters. Chapter one and two is introductory and defines fundamental terms in the thesis: The environment, the municipality. I try to find out, who is responsible for environmental protection, the relation between public and private interest in the environmental protection and which one of these interests is overriding. Next is the analysis of the position of the municipalities in it 's separate powers of community and in it 's delegated powers of community. I illustrate with giving some examples the fact that the municipality can be in various positions, as a one, who makes the rules, mainly during issuing ordinances or as an individual subject, first as a owner of the municipal property, second as a party to some administrative procedures related to environment, e. i. to apllication for a planning, EIA, IPPC… Chapter three is subdivided into three parts, each of them introduces the group of instruments of environmental protection, that the municipality dispose with. The...
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Legal tools for the protection of clean water
Martočková, Mária ; Sobotka, Michal (advisor) ; Stejskal, Vojtěch (referee)
8 Instruments of the protection of water quality (Summary) The purpose of my thesis is to examine the actual problem of water pollution and to analyse certain legal instruments that are set in order to protect water quality. The thesis is composed of three chapters, each of them dealing with different aspects of the protection of water quality. Besides chapters, the thesis includes an introduction and a conclusion. The introductory part of the thesis gives a simple reason for choosing the topic from the point of the necessity of the water protection. Chapter One refers to the subject, reasons and aims of the protection. The chapter is divides into three parts. The importance of waters for the whole world and its population is described in part One. Part Two deals with water as the subject of the protection and focuses more on the quality of surface and ground waters. Part Three mentions goals to achieve the required water quality which are defined in the State Environmental Policy of the Czech Republic for 2004 - 2010 and in the Framework Directive on Water Management. Chapter Two also examines relevant Czech, European and international legislation in the area of the water protection. The chapter consists of four parts. Part One provides a brief description of the development of Czech water law. Part Two...
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Genetically modified organisms and the legal regulation of their disposal
Musilová, Kristýna ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
This thesis aims to give a complex insight into the framework and problem questions arising in connection with legal regulation of genetically modified organisms (hereinafter referred as "GMOs"). As the use of GMOs is spreading it brings along many discussions regarding their positive and potential negative impacts on human health and the environment. After the introduction into the GMOs from the practical and technical point of view, the analysis of the underlying principle, the precautionary principle, follows. Different approaches to the risks connected with GMOs formed different views on construction and application of the precautionary principle and caused its uncertainty as to its position in international law. Significant part of the international law relating to the GMOs consists of soft law documents. The willingness of states to be bound by binding rules in this area is still lacking. The only exception is the Cartagena Protocol on Biosafety focusing on the transboundary movement of GMOs. The Law of European Communities comprises of Regulations, Directives, and Recommendations. The law distinguishes following types of use: contained use, deliberate release of GMOs into the environment for any other purpose than for placing on the market, release of GMOs on the market and transboundary movement....
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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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