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The Environmental Impact Assessment (EIA)
Maršál, Tomáš ; Franková, Martina (advisor) ; Damohorský, Milan (referee)
The main goal of my thesis is to provide an in-depth analysis of the Environmental Impact Assessment (EIA), which is currently one of the significant legal tools of environmental quality protection. In case any public or private project is likely to have a significant effect on the environment, it needs to pass through the EIA proceedings. This process precedes the development consent to the project. The original EU legal regulation (Council directive 85/337/EEC amended by Directives 97/11/EC, 2003/35/EC and 2009/31/EC) is described in the first part of the thesis. The main sources of this chapter are the judicial decisions of the Court of Justice of the European Communities that reflect the incorrect transpositions of the directive into the legal order of the individual member states. The second chapter is focused on specific attributes of the Czech legal regulation that is included in the legal act no. 100/2001 Sb. modified by further amendments. The regulation is divided into two parts: The first part, the assessment, is concluded by a non-binding opinion, while the second part is concluded by development consent or refusal, as based on particular legal regulations. The most severe issue of the Czech regulation is the insufficient ensurance of participation opportunities of members of the public...
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Environmental Impact Assessment in the European, Austrian and Czech Legal Regulation
Škrabalová, Kristina ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
The process of environmental impact assessment is a control procedure that aims to summarize and evaluate the impact of a project on the environment at the stage of project planning and thus to reduce its potential negative impacts in the future. One of the main ideas of the EIA process is to avoid since the very beginning problems and confrontation which would otherwise appear in the future in connection with the planned project. This principle is particularly important in cases of transboundary assessment where communication between countries and joint consultations on the project in its early stages of planning might prevent potential conflicts and disruption of mutual relations in the future resulting from an already implemented plan. The cornerstone of a transboundary assessment is the understanding that the harmful effects of a specific project do not stop at the borders of one state, but can reach a territory of many other countries, mutual cooperation in this subject is thus with regard to environmental protection necessary. The necessity of such a cooperation on one hand, as well as its pitfalls and difficulties on the other hand, are illustrated in the case of transboundary EIA between the Czech Republic and Austria, that is specifically in the case of the construction of the nuclear power plant...
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Legal regulation of the environmental impact assessment
Pich, Jan ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
Environmental Impact Assessment is one of internationally recognised tools providing environmental protection. Purpose of the assessment is to identify and comprehensively evaluate environmental impact of a project with participation of the public, professionals and administrative bodies, prior to the realisation of the project. Information gained through this process is then used as a basis for decision making in procedures granting development or other consents. The thesis aims to analyse in particular the Czech environmental impact assessment law with emphasis on its recent amendment and reasons of its implementation.
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Environmental impact assessment
Zelenka, Andrej ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
The main goal of this thesis is to analyze the Environmental Impact Assessment (EIA), which is one of the most important horizontal tools for environmental protection. The EIA process can be described as the procedure of identification and assessment of potential significant effects of a project on the environment. The information and outputs provided by the assessment process are considered by decision makers before a decision is made. The EIA process was first mentioned in the US in the National Environmental Policy Act (NEPA) 1969. Then the EIA process was adopted in other economically developed countries. The beginning of this thesis is focused on two significant multilateral environmental agreements - The Convention on Environmental Impact Assessment in a Transboundary Context (the Espoo Convention) and The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention). Then the EU legislation related to the EIA process is described (especially Council Directive 85/337/EEC - the EIA Directive). The following part analyzes the Czech legal regulation of the EIA process that is included in Act No. 100/2001 Coll. Attention is turned to historical development, particular phases of the EIA process, the transboundary...
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Building law environmentalisation - status quo and perspectives
Židek, Dominik ; Sobotka, Michal (referee)
The dissertation deals with a phenomenon called building law environmentalisation. The aim of this thesis is to analyse the basic factors leading to the entry of environmental influences into the processes of public building law on the basis of legal regulations, doctrinal opinions and very extensive case law of the administrative courts. The main content of the thesis is the analysis of these factors and the subsequent generalisation of the conclusions of the analysed phenomenon. The thesis answers the question: what is the extent to which is the current public building law influenced by "environmental acts"? Thus what does specifically influence the processes of public building law by environmental law and what is the extent of this influence? The text of the dissertation is divided into seven chapters. The first three of them can be perceived as a gradually concretized general framework of the problem, from the initial facts about the EU legal requirements, through the basic characteristics of the building law to the detailed analysis of the individual administrative tools ("final" administrative acts) of building law. The next three chapters are devoted to the detailed examination of mechanisms for assessing and taking into consideration the interests of environmental protection in "decision-...
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Environmental Impact Assessment in International, European and Czech Law
Dvorská, Eliška ; Stejskal, Vojtěch (advisor) ; Průchová, Ivana (referee) ; Dvořák, Libor (referee)
3 In recent years, the legislation on environmental impact assessment in the Czech Republic has undergone a great number of significant changes. The existing procedures in the EIA as well as in the subsequent authorization process have been substantially modified. The thesis aims to provide an overview of the EIA system in the Czech Republic, with particular regard to the recent changes made thereto. The thesis focuses on the main features of the EIA and analyses the institutes applied therein, considering the requirements of international and EU law and the conclusions of the judicial authorities or other independent bodies established to review the compliance with these requirements. Attention is paid not only to standard forms of assessment but also to special regimes in which certain project are assessed. The thesis also deals with the specifics that characterize the EIA procedure, such as public participation or impartiality and expertise of the assessment. The thesis identifies the pros and cons of the current legislation, including de lege ferenda proposals to address shortcomings where appropriate. Attention is also paid to the topics related to EIA currently discussed in the national, European and international fields, such as the streamlining trends which aim to enhance the quality and efficiency...
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The legal regulation of the environmental impact assessment
Vondrášková, Terezie ; Sobotka, Michal (advisor) ; Franková, Martina (referee)
The main goal of this thesis is to provide a description and analysis of the Environmental Impact Assessment (EIA), which is one of the significant legal tools of environmental quality protection. This process precedes the development consent to the project and his purpose is to identify and comprehensively evaluate environmental impact of a project. The first part of this thesis is focused on the international and European legal context of the EIA. This part introduces the key international treaties related to the EIA (the Aarhus Convention and the Espoo Convention), then an example of the EIA's integration into policy of one of the international organisations (an example of the World Bank) and the reflection if the EIA procedure can be considered as part of the international customary law. In the second part of this chapter the context of the European law (especially the revised Directive 2011/92/EU) and the current Czech legal regulation is outlined. The second part of this thesis consists of the analysis of the Czech legal regulation of the EIA under the Act No. 100/2001 Coll., on the Environmental Impact Assessment, with the emphasis on its recent amendments (especially the amendment of Act No. 326/2017 Coll. effective from 1 November 2017). In this part the essential elements of the EIA...
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Building law environmentalisation - status quo and perspectives
Židek, Dominik ; Sobotka, Michal (referee)
The dissertation deals with a phenomenon called building law environmentalisation. The aim of this thesis is to analyse the basic factors leading to the entry of environmental influences into the processes of public building law on the basis of legal regulations, doctrinal opinions and very extensive case law of the administrative courts. The main content of the thesis is the analysis of these factors and the subsequent generalisation of the conclusions of the analysed phenomenon. The thesis answers the question: what is the extent to which is the current public building law influenced by "environmental acts"? Thus what does specifically influence the processes of public building law by environmental law and what is the extent of this influence? The text of the dissertation is divided into seven chapters. The first three of them can be perceived as a gradually concretized general framework of the problem, from the initial facts about the EU legal requirements, through the basic characteristics of the building law to the detailed analysis of the individual administrative tools ("final" administrative acts) of building law. The next three chapters are devoted to the detailed examination of mechanisms for assessing and taking into consideration the interests of environmental protection in "decision-...
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Legal regulation of the environmental impact assessment
Pich, Jan ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
Environmental Impact Assessment is one of internationally recognised tools providing environmental protection. Purpose of the assessment is to identify and comprehensively evaluate environmental impact of a project with participation of the public, professionals and administrative bodies, prior to the realisation of the project. Information gained through this process is then used as a basis for decision making in procedures granting development or other consents. The thesis aims to analyse in particular the Czech environmental impact assessment law with emphasis on its recent amendment and reasons of its implementation.
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