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National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
The Right to a Favourable Environment in Case-law of the Czech Courts
 Krejčíčková, Šárka ; Franková, Martina (advisor) ; Pokorný, Jiří (referee)
The Right to a Favourable Environment in Case-law of the Czech Courts Abstract This diploma thesis deals with the right to a favourable environment as it is contained in the decisions of the Czech courts. The main objective was to provide a complete overview of the development of case-law in this area, with an emphasis on some related problems. Presented diploma thesis points out especially on the unclear conception of the holders of the substantive right to a favourable environment in contrast to the substantive rights belonging to participants in environmental protection proceedings and strives for illustrating the interpretative difficulties associated with this double-track which occurs actually in the Czech legal order. Apart from other things, this thesis aims to point out to the current question, which was submitted to the Constitutional Court of the Czech Republic, i.e. whether the amendment to the Act of the Czech National Council no. 114/1992 Coll. on Nature and Landscape Protection is consistent with constitutional principles on the protection of public interests and assumptions of international law, especially whether it complies with the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (hereinafter also referred to as...
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Case-law of Czech courts in the area of environmental protection through criminal law
 Zetek, Miroslav ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The aim of the thesis is to analyse judicature dealing with environmental crime of Czech courts. The reason for my research is fact, that environmental crime is one of the most dangerous for all human kind and there is such a small attention paid to it here in Czech Republic. The thesis is composed of five chapters. Chapter one is introductory and lines out goals of the thesis, terminology and techniques used in the thesis. Chapter two provides an outline of relevant Czech case law. This chapter is subdivided into six parts. Each part looks at special kind of environmental crime such as cruelty to animals, poaching, illegal wildlife trade, forest damage etc. Chapter three concentrates on impact of criminal liability of legal entities on environmental crime. Chapter four examines the infrequency of environmental crime coming before the court. Conclusions are drawn in Chapter Five. Frequent changes of complicated legislation have crucial influence on fighting the blight that is environmental crime. Prosecuting authorities are not motivated to prosecute the environmental crime because of light sentences. Czech courts also sometimes tend to legal positivism which brings out controversial judgements, especially in combination with poor-quality legislation.
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