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The Legal Regulation of Fishery
Lubovský, Zbyněk ; Damohorský, Milan (advisor) ; Müllerová, Hana (referee) ; Stejskal, Vojtěch (referee)
IN THE ENGLISH LANGUAGE The subject of my doctoral dissertation is an exploration of fishing rights as a collection of a wide range of legal norms regulating the behavior of the recipients only in the performance of fishing, but also in civil, administrative and criminal relations with the breeding and hunting fish related. Due to the current lack of scientific literature on this topic, the thesis also basic definition and status of the Czech Fishing rights in the legal system of the Czech Republic and important connections not only in relation to the institutions of environmental law, but also of civil and criminal law. Basic Institutes of fishing rights are always described as in historical context, as from the time of its inception developed, as well as in international comparisons of countries that their cultures are very close to us.
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Hunting and its legal regulation
Bubelíny, Ľubomír ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
Presented dissertation thesis focuses on legal regulation of hunting in the Czech Republic, Slovak Republic, Poland and Germany. Due to the fact that the hunting legislation is largely a matter of national law, the work discusses about the fundamental institutes of legal regulation of hunting wild animals (games and fishes). Institutes common to all the countries are the term "game" and the protection of the gene pool. Along with legal regulation of hunting shall be considered property right and its relation to the enforcement of hunting or fishing rights. The common feature of all the legislation is to determine the conditions under which natural persons may hunt or fish, hunting periods, hunting methods, and regulation of the establishment and use of hunting districts. National legislation of hunting and fishing, as is the case in other areas of law, cannot be isolated from the effects of international law and EU law, therefore work also provides an overview of the basic acts of international and supranational law affecting hunting and fishing. In conclusion, the work offers the author's de lege ferenda opinions.
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Role of Courts in Environmental Protection
Šnejdrlová, Zuzana ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
TITLE: Role of Courts in Environmental Protection AUTHOR: Zuzana Šnejdrlová SUPERVISOR: Prof. JUDr. Milan Damohorský, DrSc. ABSTRACT: This thesis deals with the role of courts in protection of the environment on the international, European and national level, when on the national level it deals with the areas of constitutional and criminal law. Based mainly on the analysis of activity and the case law of the courts, the aim of the thesis is mainly to determine the development of the role of courts in protection of the environment, which means whether the number of cases brought before court increases and whether court decisions affect protection of environment positively or not. To achieve this objective, methods as abstraction, analysis, synthesis, deduction, comparison and statistics are used. Using these methods it was found out that although case law in certain areas of protection of environment is fragmented and not much rich, which is mainly due to the fact that this area of law is young and dynamic and the substantive law is fragmented and unclear, the role and importance of the courts in protection of environment grows with the increasing number of cases handled. The issue and the problem to face in the future will be enforcement of judicial decisions. KEYWORDS: Environmental Protection, Role of...
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Polluter Pays Principle in the Environmental Law
Vícha, Ondřej ; Damohorský, Milan (advisor) ; Müllerová, Hana (referee) ; Drobník, Jaroslav (referee)
A B S T R A C T of the dissertation "Polluter Pays Principle in the Environmental Law" JUDr. Ondřej Vícha The Doctoral Program¨"Theoretical Legal Sciences", Law Faculty, Charles University in Prague This thesis deals with the legal aspects of the the polluter pays principle (PPP) within the environmental law. The aim of this thesis is to provide an overview of current definitions of this principle and its application in the International, European and national Czech law. The text is devided into ten chapters. After the introduction, the thesis ruminates on legal principles in general, their status and function in the legal system and in the environmental law specially. The third part holds forth on development and functions of the PPP and its relation to other legal principles of the environmental law. The polluter-pays principle represents among the OECD countries, respectively at the European level, for quite a long recognized and practically applied economic and legal principles leading to internalize the costs of environmental protection, which are transferred from states to the real polluters, who pollutes environment by their production or other economic activities. The history of this principle reflects a gradual shift in meaning. At first, the Recommendations of the OECD and the EC referred to the...
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Restriction of right of ownership for environmental protection reasons - a comparative study of legal systems
Pospíšil, Allan ; Damohorský, Milan (advisor) ; Drobník, Jaroslav (referee) ; Müllerová, Hana (referee)
of the doctoral thesis entitled: "Restriction of right of ownership for environmental protection reasons - a comparative study of legal systems" The right of ownership and the exercising of the right of use resulting from this rank among the fundamental human rights and are to be universally observed. However, due to its very nature, the individual's right of ownership has to be restricted. On the one hand, in order to ensure the exercising of the right of ownership and other basic rights by other legal entities. On the other hand, in order to ensure the enforcement of matters of public interest. One of the most important matters of public interest, which requires the restriction of the right of ownership, is the protection of the environment. The subject of this thesis is the restriction of the right of ownership for environmental protection reasons and is based on a comparison of the legal systems of both Switzerland and the Czech Republic. This thesis, written in the Czech language by the jurist who graduated in law at the Law Faculty of the University of Zurich, is intended in particular for jurists and other interested parties from the Czech Republic. This is why the author pays special attention to the formulation and representation of the legal framework governing the restriction of the...
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Legal Aspects of Removing environmental Damages
Niklas, Jaroslav ; Drobník, Jaroslav (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
A widespread occurrence of the former ecological damages and contaminated locations in the Czech Republic has been a rudiment of more than 60 years of non-democratic regimes in 1938-1989. Then, the preserving of nature and handling of harmful substances for industrial and other purposes was at a very low level. A systematic removal of these detriments of the past extended after democratisation in1990. The Czech State has taken on the responsibility for removing some of these damages, especially as a part of privatization. This has been a long-term, risky and legally demanding enterprise. A unified, co-ordinated approach to the matter at a national level has not been established yet, despite of the enormous budget. Moreover, some of the issues have not been addressed at all. Such a situation requires an immediate action since the public health has been put at risk either because of a direct contact with harmful substances or due to the groundwater contamination. Time-wise, the legal commitment of the State regarding the budgeting for decontamination of the former ecological damages of the privatized assets has not been limited. The process has been continuing for 19 years and its proceeding depends on the State assets' privatization timeframe and termination. It has been a legal obligation of the...
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Property right and nature conservation and landscape protection
Pojerová, Hana ; Damohorský, Milan (advisor) ; Müllerová, Hana (referee) ; Stejskal, Vojtěch (referee)
239 Annotation Dissertation deals with relation between property right and nature conservation and landscape protection, their mutual connections, discrepancies and solutions of their conflicts. In first part property right is described as one of the basic institutes of private law, which also belongs among basic human rights and freedoms and it is incorporated in constitutional documents of the Czech Republic - Constitution and Charter of Fundamental rights and Basic Freedoms. This part contains brief history of the property right, its incorporations into law order of the Czech Republic (including future adjustment in new Civil Code No. 89/2012 Coll.), its basic attributes, and legal ways of its limitations and ablation, furthermore this part contains legal definition of the thing, also appurtenance and component parts and means of property right protection are mentioned. Property rights of all persons has the same meaning and enjoys the same protections, its execution cannot be limited but only by law and for reimbursement. Equally the property right cannot be abused to cause harm to someone else's rights or be in contradiction to public interests (cannot harm human health, nature or environment beyond limits determined by law). Preservation to environment, nature conservation and landscape protection...
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Exploitation and protection of natural resources in terms of law
Mazancová Dupláková, Daniela ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee) ; Müllerová, Hana (referee)
This thesis focuses on legislation governing the use and protection of natural resources. In each chapter this thesis undertakes a comparison of Czech and Slovak legislation which governs the use and protection of natural resources. This thesis is divided into five main chapters. The first chapter contains a general introduction of the role of natural resources in the society. The next chapter is focused on the regulation of the use and protection of natural resources through legislation, including international, EU law and national law. The third chapter deals with non renewables with an accent on the use and protection of mineral resources. Part of the third chapter is also focused on the use and protection of soil and water. The fourth chapter discusses renewables and specifically deals with the use and protection of flora, forests, fauna and renewable sources of energy. The final chapter contains a short excursion into the field of legal regulation of France.The use and protection of natural resources also has significance beyond national borders, so it is necessary to regulate the matter through instruments of international law and EU law. The basic framework for the use and protection of natural resources is determined by the constitutional order which lays down basic rights and duties generally...
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Delictual liability of natural persons in environmental law
Svobodová, Zuzana ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
The number and hazardousness of human activities that breach environmental law now features serious and growing problem. The environmental liability, that represents effective legal instrument, includes delictual liability and liability for environmental damage. The purpose of dissertation is to analyze and describe the present legal regulations of the delictual liability of natural persons in the field of environmental protection. The final aim is to propose recommendations de lege ferenda. The introductory part of dissertation defines the basic concepts like legal and environmental liability and basic priciples of environmental protection concerning delictual liability. Than it provides describtion of regulation of liability in international documents and in European Union law. The dissertation is analyzing in detail the administrative and criminal liability in Czech legal order. Natural persons are liable in Czech legislation in case of lighter breach of law for offences and other administrative delicts or in more important cases for environmental crimes. This dissertation also includes more branches of law - environmental, administrative and criminal law and consideres conditions of liability, sanctions and procedures in Penal Code and several acts of environmental law. Criminal law constitutes...
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Planning for the Future
Müllerová, Helena ; Viktorová, Ida (advisor) ; Kučera, Miloš (referee)
The theme of the work are questions of future planning or more precisely choice oí subsequent educational career and incoming profession by the pupils of the ninth grade of elementary level sehool. Ending of the compulsory school attendance and the choice ol next way of education represent an important sociál turning-point in the life of schoolchild. fhereabouts I was interested in the process of children's making decision on their intermediate school. Also I was concerned with pupifs motives of the selection of concrete second school. The aspiration of the work is to come to the most important iactors which affect and determine the choice of the intermediate school and consequently also the area of the future official position. fhere were chosen pupils attending the elementary level school oriented on the design and visual arts for purposes of this work. In this work is attention paid to the schoolchildren which dispose of specifíc direction within the frame of elementary education.
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