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Environmental protection within specific proceedings pursuant the Building Act
Šimák, Filip ; Sobotka, Michal (referee)
Environmental protection within specific proceedings pursuant the Building Act Unrestrained construction activity damages natural resources and diverse environmental components in irreversible or in difficult-to-repair ways, thereby further thwarting thriving or even surviving of the World population. In the Czech legal system, the regulatory measures of administrative bodies, along with the participation of the affected stakeholders, contribute to the environmental protection of the individual development project. This dissertation examines the methods, means, and tools of environmental protection within the framework of designated proceedings regulating the construction. Specifically, it analyzes the possibilities of implementing protective environmental measures within the construction-permitting procedures enshrined in the provisions of Sections 103 to 117 of the Building Act. Five construction-permitting regimes are examined separately: the building permit process; notification; public law contract; notification with certificate of the authorized inspector and projects requiring neither building permit nor notification. If followed lawfully, each of the regimes allows the prospect applicant to commence a relevant construction project. Permitting procedures are significantly influenced by...
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The role of the municipality in environmental protection - selected legal aspects
Švarcová, Kateřina ; Sobotka, Michal (referee)
The dissertation deals with selected legal aspects of the role of municipalities in the protection of environment. The criterion of divided competence is used for an analysis of municipalities and attention is paid exclusively to small ones, the so-called number-one municipalities. The aim of this work is to identify and analyze, on the basis of legislation, legal doctrine and case law, municipal instruments in environmental protection and the legal conditions of its implementation, and then to identify the main shortcomings of the legislation suggesting ways to overcome them. With a detailed analysis of selected instruments the work analyzes the examined phenomenon, i.e. "the role of the municipality in the protection environment ", while verifying the set hypotheses and answering the question "what is the role of the municipality in the environment protection" in accordance with the legislation.
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The constitutional court as a negative legislator: Restriction of constitutionally guaranteed rights for the purposes of environmental protection
Knobová, Michaela ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
The Constitutional Court as a negative legislator: Restriction of constitutionally guaranteed rights for the purposes of environmental protection Abstract This thesis examines how the Czech Constitutional Court deals with proposals to repeal laws or statutory provisions that restrict constitutional rights or other constitutional provisions concerning environmental protection. Specifically, it examines how the Court deals with conflicts between constitutional rights concerning environmental protection and other constitutional laws pertaining to the environment and/or the public interest in protecting the environment. In addition to the analysis of the decision-making practice of the Constitutional Court, the thesis deals with the anchoring of environmental protection in constitutional documents and in the Czech Constitution - both in the preambls of the Constitution and the Charter, where the environmental protection is embodied in individual rights and the state's duty to protect the environment, including those provisions where environmental or nature protection is explicitly enshrined as a possible grounds for restriction of another constitutional right. The thesis briefly describes the role of the Constitutional Court as a negative legislator, ie its power to repeal laws or individual statutory...
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Fulfilment of the public interest in monument preservation in the Czech republic
Krejzek, Igor ; Frič, Pavol (advisor) ; Jelínková, Marie (referee)
My thesis is concerned with current problems involving fulfilment of the public interest in monument preservation in the Czech Republic. Firstly, the term "public interest" and its conceptual relationship in terms of the monument preservation is explored in the theoretical part of the thesis. Secondly, the current systems of monument preservation in the Czech Republic including the genesis of decision-making processes of municipal authorities under the current law are briefly described. This is followed by an explanation of the connection between the generally proclaimed, yet critically unexplored postulate of "two-track monument preservation". Despite clearly defined policies and competencies, the existing monument preservation decision-making systems and processes seems to be characterized by considerable confusion, and thus seem to bring about some process-based ambiguities and conflicts. The thesis not only aims to identify and analyse these ambiguities and conflicts but also strives to provide a conclusion that proposes some meaningful solutions. The benefits of the thesis for the Public and Social Policy field purposes lies in the identification and uncovering yet unexplored contextual pertinence in decision making activities within qualification works in monument preservation, as well as...
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Vyhodnocení veřejného zájmu na lesích a návrh komunikační strategie s veřejností na příkladu modelového území Třeboňské pánve
Kudličková, Martina
The diploma thesis deals with and evaluates the public interest in the forests, the work was elaborated in the territory of the Třeboň Basin, as a model example, the Forest Administration Třeboň, where the Třeboňsko Protected Landscape Area is also located. The aim of the thesis was to propose procedures for communication strategy in the field of public relations. The diploma thesis is divided into two basic parts. The theoretical part focuses on the issues of communication strategy, definition and characterization of studied territory and analysis of public interest from a theoretical point of view, especially from the point of view of legislation. The practical part is focused on the research itself, which took place in the summer of 2017. The data of the Agency for Nature and Landscape Protection of the Czech Republic for the years 2015 and 2016 are used to evaluate the quantitative indicators of forest attendance. In the course of the diploma thesis a questionnaire was created, which was placed 3046 forest visitors. The survey results are presented in the diploma thesis. The survey shows that the public perceives, among other things, insufficient information about foresters' activities. In the framework of the work activities are proposed which should be part of the communication strategy in forestry. The communication strategy should be a comprehensive work of many forestry institutions.
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Binding opinions as an instrument of the natural and landscape protection
Štěpánková, Jana ; Franková, Martina (advisor) ; Pokorný, Jiří (referee)
This thesis focuses on the binding opinion and defines its key role in nature and landscape protection. From the author's viewpoint construction activity is an activity with the greatest impact on nature and landscape and the submitted work focuses, among other things, on the evidence that the purpose of issuing binding opinions is the regulation of construction. The thesis consists of introduction, conclusion and five chapters divided into subchapters according to logical and well-arranged structure. The first chapter discusses the role of the body concerned in the protection of the public interest, which is the protection of nature and landscape. The second chapter is structured into several subchapters and is devoted to the description of the binding opinion. The author analyzed its definition features, its legal nature and its content requirements. The last part of this chapter is devoted to the process of issuing binding opinions. Furthermore, the author focused on the review mechanism of binding opinions, namely its legislation in the Code of Administrative Procedure, the Code of Administrative Justice, including a deviation from the general regime laid down by the Building Act. The fourth chapter is devoted to the definition of the involved authorities concerned by the law on nature and...
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Fulfilment of the public interest in monument preservation in the Czech republic
Krejzek, Igor ; Frič, Pavol (advisor) ; Jelínková, Marie (referee)
My thesis is concerned with current problems involving fulfilment of the public interest in monument preservation in the Czech Republic. Firstly, the term "public interest" and its conceptual relationship in terms of the monument preservation is explored in the theoretical part of the thesis. Secondly, the current systems of monument preservation in the Czech Republic including the genesis of decision-making processes of municipal authorities under the current law are briefly described. This is followed by an explanation of the connection between the generally proclaimed, yet critically unexplored postulate of "two-track monument preservation". Despite clearly defined policies and competencies, the existing monument preservation decision-making systems and processes seems to be characterized by considerable confusion, and thus seem to bring about some process-based ambiguities and conflicts. The thesis not only aims to identify and analyse these ambiguities and conflicts but also strives to provide a conclusion that proposes some meaningful solutions. The benefits of the thesis for the Public and Social Policy field purposes lies in the identification and uncovering yet unexplored contextual pertinence in decision making activities within qualification works in monument preservation, as well as...
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Giving Information on Ongoing Criminal Proceedings
Bendová, Kristýna ; Heranová, Simona (referee)
The diploma thesis deals with the giving information of ongoing criminal proceeding on the authorities to individuals involved in the process and general public. Content of the thesis is built on the basis of e. g. right to information, right to privacy and public interest in the proper equitable conduct of criminal proceeding. The core itself is based on critical analysis of Czech legislation specifically § 8a to 8d the Code of Criminal Procedure with references to specific regulations. Finally, problematic areas are summarized and their solution is proposed with the proposal de lege ferenda.
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Public prosecutor's office in civil proceeding
Pavlásková, Zdeňka ; Macková, Alena (advisor) ; Elischer, David (referee) ; Winterová, Alena (referee)
This dissertation is divided into a general part (chapters 1 through 6) and a specific part (chapter 7). The general part contains chapters devoted to the historical development of public prosecution and the office of the public prosecutor with an emphasis on developments in civil proceedings, primarily after 1989. Further attention is dedicated to a current expert discussion of the constitutional position of the office of the public prosecutor within the system of state power. Explanations are also given for the independence and impartiality of the office of the public prosecutor in a qualitative comparison with the independence and impartiality of the courts. The following part of the dissertation focuses on a description of the framework of the office of the public prosecutor, including the new institution of the Institute of the European Public Prosecutor. The subsequent chapter is concerned with the organisation and staffing of the non-criminal division of the public prosecutor's office on all levels. This is followed by a chapter devoted to the legal sources amending and relating to the non-criminal activity of the office of the public prosecutor. A substantial part of the general part of this dissertation consists of a description of the role of the office of the public prosecutor in civil...
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Environmental protection within specific proceedings pursuant the Building Act
Šimák, Filip ; Stejskal, Vojtěch (advisor) ; Pekárek, Milan (referee) ; Tomoszková, Veronika (referee)
Environmental protection within specific proceedings pursuant the Building Act Unrestrained construction activity damages natural resources and diverse environmental components in irreversible or in difficult-to-repair ways, thereby further thwarting thriving or even surviving of the World population. In the Czech legal system, the regulatory measures of administrative bodies, along with the participation of the affected stakeholders, contribute to the environmental protection of the individual development project. This dissertation examines the methods, means, and tools of environmental protection within the framework of designated proceedings regulating the construction. Specifically, it analyzes the possibilities of implementing protective environmental measures within the construction-permitting procedures enshrined in the provisions of Sections 103 to 117 of the Building Act. Five construction-permitting regimes are examined separately: the building permit process; notification; public law contract; notification with certificate of the authorized inspector and projects requiring neither building permit nor notification. If followed lawfully, each of the regimes allows the prospect applicant to commence a relevant construction project. Permitting procedures are significantly influenced by...
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