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Private law instruments of environmental protection
Halamíček, Vít ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
Private law instruments of environmental protection Abstract The content of this thesis is the identification of relevant private law institutes and their possible application to environmental protection, not as potential alternatives to public law regulation, but as a complement to it. The aim of the thesis is to evaluate selected private law institutes for environmental protection, to analyze their possible application and limits, as well as to determine their possible interdependence with public law. The introductory chapter deals with the theoretical definition of concepts such as the environment, instruments of environmental protection and the differences between public and private law. Further, attention is paid to the constitutional enshrinement of environmental protection, including through fundamental rights other than Article 35 of the Charter of Fundamental Rights. The chapter further focuses on the motivation of private law subjects to protect the environment, especially in relation to the anthropocentric anchoring of the discussed private law institutes. The third chapter then discusses the central institute of private law and this thesis, namely ownership, which is also an important prerequisite for the application of some of the other institutes discussed, while a significant part was devoted...
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The coal mining and its influence on the environment from the legal point of view
Vacková, Zuzana ; Žákovská, Karolina (advisor) ; Damohorský, Milan (referee)
ENGLISH SUMMARY Coal mining is an important activity which significantly contributes to the economy of the Czech Republic. Coal is currently still indispensable material for many industrial branches, but coal mining has serious and wide-ranging consequences for the environment. Coal mining influences negatively especially the appearance of landscape, the soil conditions and the water system in the affected area. It causes air pollution and it leads to the destruction of fauna and flora, too. Furthermore the problem is that coal is a non-renewable material, which will eventually be exhausted. Due to these negative impacts on environment and the importance of coal as the source of energy, the coal mining requires state regulation. Legislation regulation of mining activity in our country can be found in these three acts: The Mining Act No. 44/1988 Coll., The Act of Mining Activity No. 61/1988 Coll. and The Act of Geological Works No. 62/1988 Coll. These three acts are supplemented with number of subsidiary regulations. This thesis attempts to describe and analyze basic legal instruments of environmental protection, which are exercised in mining. The main sources for this thesis are the three above-mentioned Acts and Acts regulating particular elements of environment for example the Water Code, the Forest Code...
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Protection of the environment and the ownership
Ondečková, Veronika ; Franková, Martina (advisor) ; Drobník, Jaroslav (referee)
Protection of environment and ownership The diploma thesis deals with relationship between protection of environment and ownership in legal system of Czech Republic. The thesis is based on complex approach to this matter and tries to cover all aspects of this relationship. Because typical for the relationship between protection of environment and ownership is a mutual collision, the thesis focuses on expressions of the collision in Czech legislation, among them various types of restrictions of the ownership in favour of protection of environment prevail. The diploma thesis analyses restrictions of ownership in the area of protection of wood, nature and landscape, agricultural land and water. In relation to the restrictions of ownership the diploma thesis deals with compensations for these restrictions. At the same time the diploma thesis introduces the ownership as a legal institute that can help to the protection of environment in many ways. Key words: protection of environment, ownership, restrictions of ownership, public interest, compensations 126 2
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Private law instruments of environmental protection
Vévoda, Jan ; Derlich, Stanislav (referee)
Private law instruments of environmental protection Abstract Private law deals primarily with the regulation of relations between individuals and the protection of their individual rights, whether personal or property. The aim of this dissertation is therefore to determine whether and how the instruments of private law can be used to protect the environment. For this purpose, an analysis of the relevant private law institutes has been carried out, such as the protection of the personality, neighbourhood law, and the prevention and compensation of damage, which are the most important means of protecting the rights of an individual. Protection of personality in private law is primarily designed to protect the life, health and privacy, but it is useful to indirectly protect the environment from the effects that these values threaten, as shown by extensive decision-making practice of the European Court of Human Rights. The right to live in a favourable environment is a new institute in Czech civil law, which could have a great potential for environmental protection purposes, but it still lacks a more detailed regulation and there is also no case law. Neighbourhood law serves to protect the real estate owners against the disruptive effects of the activities of their neighbours. These are referred to as imissions...
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The role of NGOs in the protection of environment
Zahálková, Kristýna ; Sobotka, Michal (referee)
1 The role of NGOs in the protection of environment Abstract The topic of this thesis is the role of civil societies in the protection of environment. The civil societies, the most common type of NGOs in the Czech Republic, are legal persons of the private law that, unlike public administration bodies, contribute to the protection of environment voluntarily. This fact however does not undermine the significance of their involvement. In fact, in order to achieve the highest level of the protection of environment, it is necessary that the state treats the civil societies and other subjects of the non-profit sector as its partners. This thesis is divided into two parts that are consequently divided into chapters, subchapters and sub-subchapters. In the first part, the general starting points, in particular legal aspects of the non-profit area and the law of civil societies, including their assessment, are dealt with. Subsequently, the attention is moved to the position of civil societies in the area of environmental law, and to general starting points concerning the public participation in the environmental matters and its division. The second part looks into the roles of the civil societies in the protection of environment itself. Two types of these roles are distinguished: the conflict roles and the...
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The role of NGOs in the protection of environment
Zahálková, Kristýna ; Sobotka, Michal (referee)
1 The role of NGOs in the protection of environment Abstract The topic of this thesis is the role of civil societies in the protection of environment. The civil societies, the most common type of NGOs in the Czech Republic, are legal persons of the private law that, unlike public administration bodies, contribute to the protection of environment voluntarily. This fact however does not undermine the significance of their involvement. In fact, in order to achieve the highest level of the protection of environment, it is necessary that the state treats the civil societies and other subjects of the non-profit sector as its partners. This thesis is divided into two parts that are consequently divided into chapters, subchapters and sub-subchapters. In the first part, the general starting points, in particular legal aspects of the non-profit area and the law of civil societies, including their assessment, are dealt with. Subsequently, the attention is moved to the position of civil societies in the area of environmental law, and to general starting points concerning the public participation in the environmental matters and its division. The second part looks into the roles of the civil societies in the protection of environment itself. Two types of these roles are distinguished: the conflict roles and the...
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Criminal Law Instruments of Environmental Protection
Fabšíková, Tereza ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Tomoszková, Veronika (referee)
Criminal Law Instruments of Environmental Protection The dissertation deals with the possibilities of criminal law in relation to the protection of the environment. It presents the analysis of the most significant instruments of criminal law from the sphere of the international, European and Czech law, particularly the Rome Statute of the International Criminal Court, the Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law, and the Czech Criminal Code (Act No 40/2009 Coll.) Apart from the analysis of the most important legal norms and the subsequent formation of proposals de lege ferenda, the dissertation is concerned with the characteristics of environmental crime and the specifics of criminal law in environmental protection. The dissertation is divided into five chapters. The first chapter deals with the issue of the role of criminal law in environmental protection and the peculiarities of creation criminal rules in this area. The second chapter concentrates on the characteristics of environmental crime and the description of its specific features. The third chapter refers to the current state of the international criminal law and the possibilities of environmental protection through international criminal law...
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The role of NGOs in the protection of environment
Zahálková, Kristýna ; Žákovská, Karolina (advisor) ; Pokorný, Jiří (referee)
1 The role of NGOs in the protection of environment Abstract The topic of this thesis is the role of civil societies in the protection of environment. The civil societies, the most common type of NGOs in the Czech Republic, are legal persons of the private law that, unlike public administration bodies, contribute to the protection of environment voluntarily. This fact however does not undermine the significance of their involvement. In fact, in order to achieve the highest level of the protection of environment, it is necessary that the state treats the civil societies and other subjects of the non-profit sector as its partners. This thesis is divided into two parts that are consequently divided into chapters, subchapters and sub-subchapters. In the first part, the general starting points, in particular legal aspects of the non-profit area and the law of civil societies, including their assessment, are dealt with. Subsequently, the attention is moved to the position of civil societies in the area of environmental law, and to general starting points concerning the public participation in the environmental matters and its division. The second part looks into the roles of the civil societies in the protection of environment itself. Two types of these roles are distinguished: the conflict roles and the...
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Private law instruments of environmental protection
Vévoda, Jan ; Derlich, Stanislav (referee)
Private law instruments of environmental protection Abstract Private law deals primarily with the regulation of relations between individuals and the protection of their individual rights, whether personal or property. The aim of this dissertation is therefore to determine whether and how the instruments of private law can be used to protect the environment. For this purpose, an analysis of the relevant private law institutes has been carried out, such as the protection of the personality, neighbourhood law, and the prevention and compensation of damage, which are the most important means of protecting the rights of an individual. Protection of personality in private law is primarily designed to protect the life, health and privacy, but it is useful to indirectly protect the environment from the effects that these values threaten, as shown by extensive decision-making practice of the European Court of Human Rights. The right to live in a favourable environment is a new institute in Czech civil law, which could have a great potential for environmental protection purposes, but it still lacks a more detailed regulation and there is also no case law. Neighbourhood law serves to protect the real estate owners against the disruptive effects of the activities of their neighbours. These are referred to as imissions...
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Private law instruments of environmental protection
Vévoda, Jan ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
Private law instruments of environmental protection Abstract Private law deals primarily with the regulation of relations between individuals and the protection of their individual rights, whether personal or property. The aim of this dissertation is therefore to determine whether and how the instruments of private law can be used to protect the environment. For this purpose, an analysis of the relevant private law institutes has been carried out, such as the protection of the personality, neighbourhood law, and the prevention and compensation of damage, which are the most important means of protecting the rights of an individual. Protection of personality in private law is primarily designed to protect the life, health and privacy, but it is useful to indirectly protect the environment from the effects that these values threaten, as shown by extensive decision-making practice of the European Court of Human Rights. The right to live in a favourable environment is a new institute in Czech civil law, which could have a great potential for environmental protection purposes, but it still lacks a more detailed regulation and there is also no case law. Neighbourhood law serves to protect the real estate owners against the disruptive effects of the activities of their neighbours. These are referred to as imissions...
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