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Legal Regulation of the Special Instruments of the Air Protection
Filípek, Zdeněk ; Stejskal, Vojtěch (advisor) ; Fabšíková, Tereza (referee)
Legal Regulation of the Special Instruments of the Air Protection The topic of this diploma thesis is special instruments of the air protection. In the first chapter the author deals with air protection from a more general point of view. First, he places air protection legislation in the system of Czech law and then mentions the history of this legislation in the Czech territory. This history goes back to the 1950s. The importance of air protection and its perception in society has changed considerably over the years. At the end of the first chapter, the author also mentions the protection of the Earth's ozone layer and the protection of the Earth's climate system, topics that are also related to the release of pollutants into the air. The next chapter focuses on the National Emissions Reduction Programme of the Czech Republic. The National Emission Reduction Programme has its origins in European law. It consists of an analysis of pollution and pollution levels, scenarios for the development of the situation, the objectives of the programme, a description of specific measures and their expected benefits, the responsible authorities and indicators for assessing the implementation of the programme. Air quality improvement programmes are the subject of the third chapter. Theoretically, they should...
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Adaptation to climate change from the perspective of (Czech) law
Jech, Martin ; Sobotka, Michal (advisor) ; Fabšíková, Tereza (referee)
Adaptation to climate change from the perspective of (Czech) law Abstract Key words: climate change, adaptation, Czech law Climate change is a current topic that has an impact on many components of the environment and the whole society. Besides mitigation, adaptation is a key response to climate change. This diploma thesis deals with the issue of how (especially Czech) law approaches to adaptation to climate change. Particular legal instruments related to adaptation to climate change are discussed, especially conceptual, administrative and economic instruments, in the fields of protection of water resources, forest, agricultural land and nature and landscape. Selected non-law instruments related to adaptation to climate change are also mentioned. The thesis has several related research inquiries. The first question is what is actually a climate change and whether it is (or will be) its course unprecedented in the Holocene and the related question what climate is expected in the next decades. This is followed by other research questions, particularly how the political-legal approach to the question of climate change (especially adaptation) has evolved and what is the current legal level of adaptation to climate change, i.e. whether it is satisfactory or has some imperfections. And if it has some...
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Legal regulation of beekeeping
Kramperová, Barbora ; Fabšíková, Tereza (advisor) ; Damohorský, Milan (referee)
The diploma thesis discusses beekeeping and the basic rights and obligations of beekeepers and other persons responsible for ensuring the greatest possible protection of bees. The absence of a single comprehensive law results in the fragmentation of legislation into many private and public law regulations. The diploma thesis describes the main institutes of beekeeping law from its very birth to the present, with an evaluation of the pros and cons of individual development tendencies, together with an outline of the legal regulation, what de lege ferenda should be. This thesis is divided into three main parts, which are subsequently divided into chapters, subsections and possibly lower levels. The first part consists of four chapters dealing with the historical development of beekeeping and beekeeping law in our territory. The second part, focuses on private law areas of beekeeping, is divided into two chapters. The first chapter of these defines the bee in terms of private law. The second one deals with the issue of neighborhood rights, while the individual sub-chapters include the topics of neighborhood rights as a civil law concept, immigration, swarm law, liability for damage and its compensation, and methods of resolving neighborhood disputes. The last part deals with public law and is divided...
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The municipality as an actor in environmental protection from a law perspective
Kovář, Pavel ; Fabšíková, Tereza (advisor) ; Sobotka, Michal (referee)
The municipality as an actor in environmental protection from a law perspective Abstract Municipalities in the Czech Republic are entrusted with a number of very important and irreplaceable roles in protecting the environment, both within their independent competence and in activities carried out under delegated competence. In the first half of the text, the author defines the basic concepts in the form of the term municipality and the term environment. At the same time, in the first part of the thesis, the author analyses the constitutional-legal basis of local self-government units, more precisely municipalities, their characteristic features and the differences between the independent and delegated competence of municipalities. The second part of the thesis is devoted to the already mentioned definition of the environment, environmental law as a distinct and dynamically developing branch of public law, and legal instruments serving to protect the environment, including their division and examples. In the third part of the thesis, the author focuses on the individual activities carried out by municipalities under delegated competence in the field of air, water, soil, forest, nature and landscape protection or waste management. The fourth part of the thesis contains a list of activities carried out by...
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Urban planning as viewed from the perspective of the law
Vávrová, Petra ; Fabšíková, Tereza (advisor) ; Franková, Martina (referee)
This thesis focuses on the relationship between law and urbanism, in particular the ways in which law influences urbanism and the form of public spaces. Urbanism, in the context of this thesis, is understood to be both a scientific discipline that examines the realities of the contemporary and historical city and the technical discipline of the planning of public spaces. In the first chapter of the thesis, the author attempts to define urban studies and urbanism, and through a historical excursion outline their development and the effect of past trends in current urban development. The first chapter thus introduces the social sciences context and basic concepts and includes the analysis of the legal concept of public space ("veřejné prostranství"), to which the thesis refers in subsequent chapters. Then, the thesis maps the legal anchoring of public space, especially in terms of its planning. First of all, it describes the broader system of Czech construction law, , its common theses with environmental law and legal norms which influence the form of the city, such as municipal building regulations and municipal ordinances. With regard to the time of the drafting of the thesis, space is also devoted to the new Czech Construction Act of 2021, which affects the issue of urban planning fundamentally....
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Legal environmental protection of selected components of the environment in collision with the right to proprerty
Loudová, Sandra Sophia ; Stejskal, Vojtěch (advisor) ; Fabšíková, Tereza (referee)
Legal environmental protection of selected components of the environment in collision with the right to property Abstract This rigorous thesis focuses on the protection of environment, or its selected components, property rights, and conflicts that arise between these two constitutionally guaranteed rights. The aim of this thesis is to provide a summary of the limitations on the exercise of property rights arising from selected environmental laws. This work focuses on restrictions affecting property owners, specifically landowners. The thesis is divided into two parts, with the first part introducing the subject-matter of the thesis, and the second part offering a detailed analysis of the legal regulations of individual environmental laws aimed at protecting the environment. The first chapter defines environmental protection, outlines basic concepts, and discusses the incorporation of environmental protection into the constitutional order of the Czech Republic. The second chapter, in addition to defining property rights, its subject, characteristics, and constitutional basis, discusses legal limitations on property rights, including considerations related to expropriation. The third chapter briefly outlines the relationship between environmental protection and property rights. The second part of the thesis...
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International Climate Change Law
Jiřičná, Kateřina ; Fabšíková, Tereza (advisor) ; Damohorský, Milan (referee)
1 Abstract Title of the thesis: International Climate Change Law Key words: climate change, United Nations Framework Convention on Climate Change, Paris Agreement The thesis focuses on evaluation of the development of international climate change law since its beginnings with emphasis on the development in recent years. The diploma thesis is divided into an introduction, five parts and a conclusion. The first part focuses on the scientific background of climate change. The second part describes the complexity of this problem and explains the reasons for different approaches of the states to climate change. The third part deals with the subject and sources of climate law. The fourth and fifth parts are devoted to a detailed description of the development of the international climate change regime within the UN with the focus on the development after the adoption of the Paris Agreement in the fifth part.
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Welfare of farmed animals in European Union law
Kubíková, Gabriela ; Fabšíková, Tereza (referee)
Welfare of farmed animals in European Union law Abstract: The dissertation deals with the protection of farmed animals and their welfare in the European Union law. This is a topic of growing social importance, primarily due to the ethical and environmental concerns associated with intensive animal farming and the increasing societal pressure to strengthen the legal protection of these animals. In addition to providing a general overview of the role of the European Union in the protection of farmed animals, the aim of this thesis is to analyse the current animal welfare legislation in the EU, both in terms of its content (i.e. specific requirements set by the legislation), which is put into comparison with scientific findings in the field of animal welfare, and in terms of its application in practice. On the basis of this analysis and comparison, recommendations are then formulated which address the identified shortcomings and could improve the current state of farmed animal protection in the EU. The thesis is divided into an introduction, five chapters and a conclusion. The introduction provides an outline of the issue and highlights the links between the protection of farmed animals and the environment, lays down the research questions, outlines the structure of the thesis, summarises the methods used and...
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Compensation for damage caused by wild animals
Tichý, Ján ; Fabšíková, Tereza (advisor) ; Stejskal, Vojtěch (referee)
Compensation for damage caused by wild animals Abstract This thesis deals with the comparison of the institutes of compensation for damages caused by wild animals within the legislation of the Slovak Republic and the Czech Republic. The common denominator of these institutes is the fact that the object that caused the damage (i.e. the wild animal) has no legal owner, it is res nullius. Therefore, the legislators in the compared legal systems created these institutes in order to avoid the 'unregulated' hunting of the animals in question. The thesis consists of four main parts, in the first part I discuss the theoretical background, definitions used in different legal systems and their equivalents. In turn, I define terms such as animal, animal, game, wild animal, specially protected animal, designated animal, and so on, depending on which term is used by which legislator. The first part is thus the theoretical basis for the following parts of the thesis The second and third parts are largely similar, as I have kept their system of treatment as similar as possible. The second part contains a detailed analysis of the Act on the Provision of Compensation for Damages and the Hunting Act (to the extent that it regulates compensation for damage caused by game). In this part, I analyse the legal regulation of these...
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New institutes in European energy law in the context of environmental protection
Kostić, Daniel ; Sobotka, Michal (advisor) ; Fabšíková, Tereza (referee)
1 Abstract Climate change and its solution is with no doubt one of the most important topics of this decade. As the top producer of greenhouse gases that contribute to this change, the energy industry must transform. However, the switch to production from renewable sources comes with its challenges and so it is a task for law to enable adoption of new practices and solutions. Energy production will face more frequent fluctuations so it must be supported by storage. Furthermore, the energy system must be prepared for entry of new actors, ensuring level playing ground on energy market. European union embraced the position of a world leader in this area and comes with complex legislative changes for member states. However, the speed and quality of its implementation varies while the imaginative clock of climate collapse continues its course. Key words: energy storage, community energy, active customers
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