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Welfare of farmed animals in European Union law
Kubíková, Gabriela ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Smolek, Martin (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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Delictual Liability of Legal Persons within Environmental Protection
Pavelka, Ivan ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Smolek, Martin (referee)
Disertační práce Právnická fakulta, Univerzita Karlova v Praze 1 SUMMARY The purpose of my dissertation Delictual Liability of Legal Persons within Environmental Protection is to obtain a correct idea of how the legislation on the corresponding materia de lege ferenda should be examined. This requires to summarize, analyse and evaluate national regulations in force of delictual liability of legal persons within environmental protection as well as to compare some aspects of national regulations in force of delictual liability of legal persons with corresponding foreign regulation. A significant part of threats and damage to the environment comes from the activities of legal persons. A percentage of legal persons responsible for unlawful impairment and endangering of the environment increases significantly. Establishing legal persons is often associated with the effort of individuals to avoid liability for criminal activity by committing illegal activities through a legal person. Crime in the area of environmental protection is often perpetrated by criminal organizations with a strong financial background. For these organizations particularly the illegal trade in waste is very attractive because it is less risky than, for example drug or arms trafficking. Activities that prevent environmental pollution or...
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Energy and Environment in the View of Law
Pokorný, Jiří ; Damohorský, Milan (advisor) ; Smolek, Martin (referee) ; Stejskal, Vojtěch (referee)
The relationships among energetics, environment and associated climatic changes is beginning to be a subject of a complex interest of not just science but also politics and law. The reason for this is the fact that we are now at a breaking point of the development of mankind and our future steps will significantly influence its path. To obtain the energy man cannot live without, we frequently use fossil fuels, producing greenhouse gases that are warming our planet. This situation needs to change. We either find a sustainable solution or we will cause a catastrophe. The energetics must not be the cause, it has to be the solution as well. One of possible solutions for this problem is the law. It is not a stand-alone solution but it is a fundamental one nonetheless. To come up with an effective solution, a large-scale cooperation is necessary in politics, science, economics and in society as well - and there is not much time to come up with it. Keywords: energetics, environment, climate change
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Transformations and trends in the case law of the court of justice of the EU in the field of the internal market after 2004
Petrlík, David ; Tomášek, Michal (advisor) ; Smolek, Martin (referee) ; Mazák, Ján (referee)
There have been three main sets of trends in the case law of the Court of Justice of the European Union in the field of the internal market after 2004. The first set of trends concerned the criteria of legal analysis, i.e. the scope of EU rules on free movement, the concept of the restriction of free movement and the justification of such restrictions. The second set of trends in the case law is related to the fact that the Court completes its legal analysis by considerations linked to its value orientation of the Court, i.e. its liberalism, social tendencies, protection of fundamental rights, pragmatism and proactivity. The third trend in the case law of the internal market consisted in changing the focus of case law in the sense that the Court has begun to deal with more and more cases from sectoral fields, i.e. fields covered by secondary law.
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Legal Protection of the Environment and the Human Health against the Effects of Selected Physical Factors
Pokorná, Lucie ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee) ; Smolek, Martin (referee)
This thesis is focused on the legal protection of the environment and human health from the effects of selected physical factors, especially noise, vibration and ionizing and non- ionizing radiation. In the introduction the thesis defines the every singe physical factor, reminds their effects on the environment and the health and life of humans and especially suggests possible measures to eliminate the negative effects of these factors. The emphasis is placed on clarifying the consistency of these measures with the means of protection. Subsequently, the thesis includes separate chapters devoted to European, Czech and selected international legal instruments of protection from selected physical factors and their comparison. One of the key questions to be dealt in the thesis is the effort to clarify whether and how does the legislation in different countries exploit physical similarity between the studied factors. Another question to answer is to what extent is it (for the effective protection of the environment, life, health and other values) useful to accurately identify and name the sources of threat, and whether the case-focused legal protection, anchoring extensively detailed rules for each previously known source of threat, actually leads to more efficient protection against various sources of risk. It...
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The comparison of the legal regulations of nature conservation in the Czech Republic and in Germany in the context of the EU law
Vráželová, Michaela ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Smolek, Martin (referee)
The doctoral thesis is thematically focused on a particular area of the environmental law, nature conservation. The first chapter presents selected significant international conventions and EU regulations, e.g. the Birds Directive and the Habitats Directive. The other parts deal with a comparison of the constitutional framework of environmental protection and nature conservation including the introduction of the general principles of the nature conservation in Federal Act on the Conservation of Nature and Landscape. Other chapters are focused on a comparison of general and specific nature conservation. The thesis contains selected decisions of the Court of Justice of the European Union against Germany. In the conclusion, the answers to questions are given, the introduced legislation is compared and substantial differences in both legal systems are discussed.
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Protection of Privacy and Personal Data in European Union Lawwith Regards to Data Retention
Serdula, Ondřej ; Král, Richard (advisor) ; Forejtová, Monika (referee) ; Smolek, Martin (referee)
1 PROTECTION OF PRIVACY AND PERSONAL DATA IN EUROPEAN UNION LAW WITH REGARDS TO DATA RETENTION ABSTRACT The thesis deals with the issue of data retention, i.e. the issue of storing communications metadata by telecommunications service providers for the purpose of possible later access to this data by state authorities. The thesis focuses not only on the relevant EU legislation, but also on the related case law of the Court of Justice, which plays crucial role in determining the standard of protection offered by EU law. This analysis focuses on two main legal issues - the issue of scope of the EU legislation in this area and the issue of proportionality. With regards to the first issue, the author is of the opinion that the Court of Justice interprets the scope of the relevant EU legislation overly broadly. Author criticizes the fact that the Court of Justice applied secondary law adopted on the basis of Article 95 TEC on the issue of access to the retained data by the Member States authorities, including the authorities of Member States which are active in the field of national security. Regarding the issue of proportionality, author criticizes the fact that the Court of Justice perceives the blanket retention of communications metadata to be incompatible with EU law as such, no matter how strict the...
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Competition law aspects of the EU Trade Agreement with Peruand Colombia
Krčmář, Martin ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee) ; Smolek, Martin (referee)
Abstract_Dissertation Martin Krčmář Program of Study: Theoretical Legal Sciences - European Law Dissertation topic: Competition Law Aspects of the EU Trade Agreement with Peru and Colombia Student: Mgr. Martin Krčmář Dissertation Abstract The aim of this dissertation is to analyse the Competition Law provisions of the Trade Agreement between the European Union, Peru and Colombia (Agreement) and to assess their relevance and expectations related therewith. Within the text of this dissertation I provide general explanation on the role of the Competition Law provisions in international free trade agreements and reasons for including them in this type of international arrangements. Likewise, in the initial part of this work I provide a brief overview concerning the characteristics of the Agreement and its place in the EU legislation hierarchy with regard to its content, bodies responsible for the negotiation and an involvement of the Member States in the final approval thereof. Given the general aspect of individual Competition Law provisions of the Agreement I have focused on providing a detailed analysis on every single provision in question. I took the specific character of all jurisdictions involved as well as their geopolitical and socio - economic environment as a main starting point for this work. By...
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Energy and Environment in the View of Law
Pokorný, Jiří ; Damohorský, Milan (advisor) ; Smolek, Martin (referee) ; Stejskal, Vojtěch (referee)
The relationships among energetics, environment and associated climatic changes is beginning to be a subject of a complex interest of not just science but also politics and law. The reason for this is the fact that we are now at a breaking point of the development of mankind and our future steps will significantly influence its path. To obtain the energy man cannot live without, we frequently use fossil fuels, producing greenhouse gases that are warming our planet. This situation needs to change. We either find a sustainable solution or we will cause a catastrophe. The energetics must not be the cause, it has to be the solution as well. One of possible solutions for this problem is the law. It is not a stand-alone solution but it is a fundamental one nonetheless. To come up with an effective solution, a large-scale cooperation is necessary in politics, science, economics and in society as well - and there is not much time to come up with it. Keywords: energetics, environment, climate change
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