|
| |
|
|
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...
|
|
|
Legislation of handling of special sources of danger to the environment
Michálková, Tereza ; Stejskal, Vojtěch (advisor) ; Pekárek, Milan (referee) ; Sobotka, Michal (referee)
Thesis "Legislation of handling of sources of danger to the environment" Abstract The thesis deals with material sources of danger to the environment in terms of legal forms of environmental protection from negative impact of these sources. The topic was narrowed at the beginning of the thesis to waste and chemicals so now it represents these two huge and significant groups of threats to the environment. The reason to narrow the topic was existence of a very large scale of different sources of environmental danger and that could cause shattering of the topic during writing the thesis. The thesis describes in individual chapters various forms of waste and chemicals handling in mutual relationship with legal obligations of subjects of law. The thesis at the same time attempts to evaluate valid legislation in terms of sufficiency of legal obligations and whether these obligations are clear and specific enough to enable high level of protection of the environment and human health (at least). Czech waste management legislation is massively influenced by directive of European union waste law, so the thesis compares intention of union legislator (if it is available) with the results of czech transposition. The waste and chemicals handling chapters are connected with supporting chapter about various forms of legal...
|
|
|
Protection of the Environment through Criminal Law
Bejčková, Pavla ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Pekárek, Milan (referee)
The main goal of the thesis is to answer the question, whether the current Czech criminal legislation enables effective punishment of serious environmental offences and ensures the enforcement of rules on environmental protection in a more efficient way than administrative sanctions. Protection of the environment through the criminal law can be traced in the Czech Republic back to 1980s. However, criminal law has until now played only marginal role in the sanctioning of offences against the environment. Majority of environmental offences are prosecuted in administrative procedures. Since 1990s the international community and later also the EU have discussed the need to pursue a harmonised criminal policy aimed at the protection of the environment. In case of serious environmental violations criminal law penalties are perceived as a more effective and appropriate measure than administrative penalties. Despite the fact that most of the potentially harmful activities are strictly regulated by both EU and national environmental law, environment continues to be threatened by pollution and excessive exploitation and environmental rules are being breached. The most serious environmental crimes are related to waste management, trade in endangered fauna and flora species and discharge or emission of...
|
|
|
The principle of prevention in environmental law
Dvořák, Libor ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Pekárek, Milan (referee)
The principle of prevention in environmental law The principle of prevention as one of a common legal principles plays also a key role in environmental protection. Once the environmental damage occurs, the remedy is more costly in all aspects, including economical ones. Moreover, some damage can be irreversible. Thus, modern environmental law and policy is based on prevention. The implementation of the principle is not only reduced to pollution prevention, but in broad meaning, to damage prevention. In secondary legislation, the principle of prevention is realized primarily through general prevention obligation (Act on the environment, Waste act, Water act, Nature protection act etc.). Environmental impact assessment is the essential instrument for implementation of prevention principle in environmental law. The environmental assessment covers plans and programs (strategic environmental assessment, SEA) and individual projects (environmental impact assessment, EIA) likely to have significant adverse effects on the environment. The most important result of environmental assessment are mitigatory measures including measures to prevent or reduce any environmental damage deriving from the implementation of the plans and programs or projects. Waste prevention is also a typical field for application of the...
|
|
| |
guest ::
RSS feed.