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The case-law of Czech courts with respect to environmental protection
Dudák, Jan ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The main purpose of my thesis is to examine the case law made by the Czech courts related to environmental issues and to formulate general conclusion from the analyzed case law. My goal was also to prove whether the considered case law is contradictory, or not. I browsed many judicial collections, legal journals etc. and I paid attention to equal or not equal decision making in similar matters. My study concerns on the issues which are solved by the courts either contradictory, contrary to the past, in a new perspective or even surprising for its different reasoning in comparison to the doctrine. The thesis firstly deals with the role of the courts in the environmental protection, than it focuses on the basic issues of environmental law, in particular at the right on a healthy environment and the restraint of property right. A special part of the thesis is devoted to the administrative proceedings with a potential impact on the environment and the effectiveness of legal protection provided by the courts. Finally, the thesis deals with the judge made law related to the protection of nature and landscape as well as other spheres of environment. The judge made law in environmental issues is essentially uniform, but in certain question it is contradictory. There is a significant tension between the doctrine and...
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The right to a favorable environment in case-law of the Czech courts
Novák, Jiří ; Sobotka, Michal (advisor) ; Derlich, Stanislav (referee)
The diploma thesis deals with the right to a favorable environment in case-law of the Czech courts. The main aim of this thesis is to provide a comprehensive overview of its progression in the case-law on the right to a favorable environment for legal entities, especially societies (environmental non-governmental organizations). At first it follows up definition of key concepts and sources of law related to the right to a favorable environment. The thesis discusses the environmental protection processes (such as the land-use planning, the environmental impact assessment procedure and integrated permitting), the Aarhus Convention, legal protection and locus standi as the most important topics. The main part of the thesis analyzes the relevant case law of the Constitutional Court of the Czech Republic and the Supreme Administrative Court of the Czech Republic. The conclusion of the thesis is a summary and evaluation of its progression in the case-law on the right to a favorable environment for legal entities.
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The case-law of Czech courts with respect to environmental protection
Dudák, Jan ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The main purpose of my thesis is to examine the case law made by the Czech courts related to environmental issues and to formulate general conclusion from the analyzed case law. My goal was also to prove whether the considered case law is contradictory, or not. I browsed many judicial collections, legal journals etc. and I paid attention to equal or not equal decision making in similar matters. My study concerns on the issues which are solved by the courts either contradictory, contrary to the past, in a new perspective or even surprising for its different reasoning in comparison to the doctrine. The thesis firstly deals with the role of the courts in the environmental protection, than it focuses on the basic issues of environmental law, in particular at the right on a healthy environment and the restraint of property right. A special part of the thesis is devoted to the administrative proceedings with a potential impact on the environment and the effectiveness of legal protection provided by the courts. Finally, the thesis deals with the judge made law related to the protection of nature and landscape as well as other spheres of environment. The judge made law in environmental issues is essentially uniform, but in certain question it is contradictory. There is a significant tension between the doctrine and...
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