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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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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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Large-scale Nature Conservation Areas in the Czech Republic and Selected European Countries in the Legal Context
Mazancová, Eva ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
The main goal of the thesis is to analyze and compare the degree of protection of the large-scale nature conservation areas in the legal orders of the Czech Republic, the Russian Federation and the United Kingdom of Great Britain and Northern Ireland, and, in the conclusion of the thesis, to answer the question of whether these countries' regulation provides a sufficiently effective protection to these areas. Legal orders of the examined countries are analyzed with regard to the scope and effectiveness of the large-scale nature conservation legal instruments. Administrative instruments are examined and compared, including the degree of proprietary rights restrictions and related compensations of property loss. Furthermore, the conceptual and economic instruments (both positive and negative stimulation) are also examined. The analysis also focuses on the regulation of legal liability in regard to the large-scale nature conservation. Next, the thesis focuses on the institutional framework of the large-scale nature conservation in the examined countries and on the evaluation of the scope of the nature protection authorities' competence. Another point of interest is the degree to which the rights of the relevant subjects (owners, municipalities, environmental NGOs) are affected by the designation of a...
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Disposition of land in Czech law and the law of Israel
Falteisková, Sabina ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
Disposition of land in Czech law and the law of Israel Abstract The main goal of the thesis is to analyse and compare the legal regulation of disposition of land and its protection in the Czech Republic and the State of Israel and answer the question whether the Czech legislation and the State of Israel can benefit from such regulations. Protection of land from degradation is absolutely crucial task that in the light of climate change, accompanied by extreme drought along with social and economic development becomes very actual. The thesis deals with the land and its peculiarities in the legal sense, which together with other factors significantly affect the relationship to land. The introduction to the issue is given by a part of the work devoted to the history and geography of both countries, focusing on the current state and major environmental problems. Emphasis is placed on the legal development over the last hundred years in relation to land-legal relations. Furthermore, the thesis focuses on defining current ownership relations and on the context of land disposition in both countries. Both the private-law structure and the public-law organization of these relations, which are significantly different in both countries, are described in detail. In this respect, much of the attention is focused on the...
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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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Ochrana přírody a veřejný zájem
Müllerová, Hana
In the decision-making procedures, the interest in the protection of nature often collides with other interests and values. Declaring certain value to be in a public interest strengthens the position of that value and justifies its priority over other interests. This contribution focuses firstly on the concept of the public interest and the ways how collisions of competing interests are solved in general. Then it analyses the Czech legislation on natural protection and its provisions on the public interest.
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Nature Protection and the Public Interest
Müllerová, Hana
In the decision-making procedures, the interest in the protection of nature often collides with other interests and values. Declaring certain value to be in a public interest strengthens the position of that value and justifies its priority over other interests. This contribution focuses firstly on the concept of the public interest and the ways how collisions of competing interests are solved in general. Then it analyses the Czech legislation on natural protection and its provisions on the public interest.
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Large-scale Nature Conservation Areas in the Czech Republic and Selected European Countries in the Legal Context
Mazancová, Eva ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
The main goal of the thesis is to analyze and compare the degree of protection of the large-scale nature conservation areas in the legal orders of the Czech Republic, the Russian Federation and the United Kingdom of Great Britain and Northern Ireland, and, in the conclusion of the thesis, to answer the question of whether these countries' regulation provides a sufficiently effective protection to these areas. Legal orders of the examined countries are analyzed with regard to the scope and effectiveness of the large-scale nature conservation legal instruments. Administrative instruments are examined and compared, including the degree of proprietary rights restrictions and related compensations of property loss. Furthermore, the conceptual and economic instruments (both positive and negative stimulation) are also examined. The analysis also focuses on the regulation of legal liability in regard to the large-scale nature conservation. Next, the thesis focuses on the institutional framework of the large-scale nature conservation in the examined countries and on the evaluation of the scope of the nature protection authorities' competence. Another point of interest is the degree to which the rights of the relevant subjects (owners, municipalities, environmental NGOs) are affected by the designation of a...
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Czech Energy Law in the Context of Environmental Protection
Příborský, Jan ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
The dissertation work analyzes the Czech energy law in the context of environmental protection. The thesis seeks out the contexts of principles and instruments of environmental protection in the legal regulation of energy. Emphasis is placed on the analysis of conceptual, administrative, and economic tools and their application at different stages of the energy chain. Attention is paid to the issue of energy terminology in the Civil Code and its importance in the construction phase of the energy infrastructure. The work analyzes the contexts of principles and instruments of environmental protection in thematic areas focused on business regulation in energy, supported energy production, nuclear energy and energy conservation, i.e. according to the areas regulated by the four basic pieces of energy legislation in the Czech Republic. Furthermore, activities in the energy sectors are described in terms of threats and damage of the individual components of the environment. The conclusion of the work points to the main problematic areas of the Czech energy law, including recommendations for their solution. Key words Czech Energy Law, Environmental Protection, Principles and Instruments of Environmental Protection
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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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