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Binding opinions as an instrument of environmental protection
Marko, Jakub ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
Binding opinions as an instrument of environmental protection Abstract The whole concept of binding opinions is undergoing major changes nowadays, mainly due to an ongoing recodification of construction law. The transformation is the final part of a long process of sharp criticism that binding opinions have already been subject to. The important instrument for protecting public interests is criticized for its complicated and fragmented legislation, an ambiguity of its form and a division of competences between state agencies. However, is the critique legitimate? What is the current state of binding opinions? What role do they play in an environmental protection? What are the procedural and substantive aspects of the matter? The first part of the thesis describes a current state of a global and local environment, a state of its parts, important factors, trends, and prospects, with a closer look to different approaches to understanding the environment. The second part describes an effective regulation of the environment in the Czech legal framework. It deals with a history of a legal regulation, the role of state in protecting the environment and analyses potential instruments that the state can use to fulfil its obligations. The third- and fourth-part deal with an introduction to the effective legal...
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Building Act: public interest or public conflict? The process of creation of the Building Act from the perspective of key stakeholders with focus on care for public interests
Voldřichová, Magdaléna ; Rynda, Ivan (advisor) ; Špecián, Petr (referee)
This diploma thesis deals with the process of preparation of the new Building Act, with regard to negotiation and balancing of public interests, specifically on the protection of nature, landscape, environment and cultural values. The thesis examines both the legislative process of adopting a law and the representation of the specified public interests in it. At the same time, the thesis reflects the outcome of the procedure, respectively whether and how the protection of the above-mentioned public interests will be treated in Act No. 283/2021 Sb. The research is conceived as an explanatory case study aiming not only to understand the phenomenon, but also to thematize the relationships of the involved stakeholders. The key sources of data for the research were written materials and expert interviews. The main finding is that the legislative procedure was legal and in accordance with procedural requirements, despite not fully standard. The legislation is also legitimate, adopted by legitimate political representation with eligible expert backing, and there are mechanisms for the protection of the selected public interests included. Key words: building act, legislation, legislative process, public interests, conflict of interests, decision-making process
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