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Princip nákladové přiměřenosti v právních předpisech EU v oblasti životního prostředí: ponaučení z implementace ochrany vod a ovzduší
Brabec, Jan ; Jílková, Jiřina (advisor) ; Knápek, Jaroslav (referee) ; Slavíková, Lenka (referee)
Environmental legislation in the European Union recognizes the principle of proportionality as a tool that helps identify cases that require spending of disproportionate resources to achieve environmental targets. If economic costs of achieving a certain target are significantly higher than associated benefits, an exemption may be granted to prevent wasting resources on measures with only a negligible effect on the environment. The principle is well established in water protection by means of the Water Framework Directive (2000/60/EC) and in air protection through the Industrial Emissions Directive (2010/75/EU). In theory, such setting should ensure more efficient and robust water and air protection. However, with no unified methodology and a high level of discretion given to individual member states, the process of assessing proportionality has become very heterogenous. As a result, methodologies used across Europe often differ from each other significantly, possibly distorting the original idea of equal treatment of European water bodies and sources of air pollution. The goal of this thesis is to determine whether the use of the proportionality principle in water and air protection contributes to more efficient environmental protection in the EU and whether the principle is used consistently in...
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Selecting Criteria for the assessment of the disproportionate costs associated with the implementation and objectives of The Water Framework Directive 2000/60/EC
Škodová, Ivana ; Vojáček, Ondřej (advisor) ; Slavíková, Lenka (referee)
This paper tries to answer the question related to the implementation of one of Europe's most influential EU-directives, the Water Framework Directive. The Directive requires Member States to achieve good ecological potential and good surface water chemical status for bodies of water until year 2015. If the states cannot achieve those objectives within this period, then there may be grounds for exemptions from the requirement to prevent further deterioration of to achieve good status under specific conditions. One of those conditions could be that, the completing the improvements within the timescale would be disproportionately expensive. Question which is examined in this paper is, what criteria would be most appropriate for determining the disproportionate costs. Based on the review of most WFD-related studies and EU legislation are selected criteria, which should be used for the assessment of the disproportionate costs.
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In the beginning, there was a relationship - the Western culture´s Christian paradigm forming the image of man within the process of criminal justice
TÝMOVÁ, Kateřina
The present thesis paper deals - on theoretical level - with the importance and the gradual evolution of dialogicality of man within the context of criminal justice. In Western European cultural environment the image of man as dialogical being has been inspired by the Judeo-Christian tradition, approaching "the man in relationship" as an unlimited and transcendental form of being. In practical terms, a relationship has been perceived as the fundamental precondition in the process of restoration of a man and as an opportunity to re-approach the original absolute form of humanity, which is in harmony with God´s intention. The culturally accepted dialogical image of man has been reflected in shaping the specific form of systems and institutions created by man, including also the system of criminal law and justice, the main objective of which is enforcing justice. In the spirit of that cultural tradition, emphasis is currently laid on protection of and respect for dignity and individual rights and freedoms of man, and, thus, personal participation of the criminal conflict parties in the process of justice is required. Hence, in the persons of the offender and the victim, justice is rather becoming "the justice of dialogue and negotiation" within restorative justice, and it is so within the limits of law so as the participants´ individual needs and interests can be taken care of and obligations resulting from the conflict can be secured, to the maximum possible extent.
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