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Legal regulation of the Environmental Impact Assessment (EIA) in relation to European legislation
Linkeová, Sandra ; Stejskal, Vojtěch (advisor) ; Humlíčková, Petra (referee)
The subject of this dissertation is the process of the Environmental Impact Assessment in relation to the respective European legislation. The dissertation aims at providing a comprehensive analysis of the current Environmental Impact Assessment legislation, including its historical, international and European contexts. The dissertation proceeds in five chapters. Chapter One outlines the general characteristics of the Environmental Impact Assessment procedure and the principles that govern it. Chapter Two examines the development of the Environmental Impact Assessment process in international law, with emphasis on the Aarhus Convention. Chapter Three focuses on the anchoring of the procedure in European law. The core part, then, is Chapter Four, which delineates the separate phases of the Environmental Impact Assessment process as defined in Czech legislation. In the last chapter, the expected changes in the concept of the Environmental Impact Assessment are sketched.
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Genetically modified organisms and the legal regulation of their disposal
Fornůsková, Michaela ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
GENETICALLY MODIFIED ORGANISMS AND LEGAL REGULATION OF THEIR USE ENGLISH RESUME This thesis aims to give a complete insight into the framework and problem questions arising in connection with legal regulation of genetically modified organisms (GMOs). The use of genetic modifications as one of modern techniques of biotechnology has spread widely during last fifty years. This technology has brought many advances. On the other hand as any new technology it represents potential adverse effects on biological diversity and possible risks to human health. At the beginning there is a brief introduction into GMOs from historical and technical point of view. Then I dealt with biosafety measures adopted at global, regional and national levels. The main principles of environmental law take part afterwards. I am focusing mainly on prevention and precautionary principle. International law relating to the GMOs consists of soft law documents. There is only one exception - Cartagena Protocol on Biosafety focusing on transboundary movement. The Law of EU comprises of Regulations, Directives and Recommendations. Notifications, approvals, risk assessment and monitoring are consequential. The Czech law has been harmonized according to the law of the European Communities. Act no. 78/2004 Coll., on the use of GMOs and genetic...
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The Environmental Impact Assessment (EIA)
Maršál, Tomáš ; Franková, Martina (advisor) ; Damohorský, Milan (referee)
The main goal of my thesis is to provide an in-depth analysis of the Environmental Impact Assessment (EIA), which is currently one of the significant legal tools of environmental quality protection. In case any public or private project is likely to have a significant effect on the environment, it needs to pass through the EIA proceedings. This process precedes the development consent to the project. The original EU legal regulation (Council directive 85/337/EEC amended by Directives 97/11/EC, 2003/35/EC and 2009/31/EC) is described in the first part of the thesis. The main sources of this chapter are the judicial decisions of the Court of Justice of the European Communities that reflect the incorrect transpositions of the directive into the legal order of the individual member states. The second chapter is focused on specific attributes of the Czech legal regulation that is included in the legal act no. 100/2001 Sb. modified by further amendments. The regulation is divided into two parts: The first part, the assessment, is concluded by a non-binding opinion, while the second part is concluded by development consent or refusal, as based on particular legal regulations. The most severe issue of the Czech regulation is the insufficient ensurance of participation opportunities of members of the public...
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Land-use planning as a tool for environmental protection
Frýdl, Jan ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
Very important tool of environmental protection is land-use planning which is subject of this work and which deals with town and country planning. Town and country planning ensures the preconditions for sustainable development of the area by means of continuous and complex solution of useful utilization and spatial arrangement of the area with the aim of achieving the harmony of public and private priorities in relation to the development of the area.In my work I dedicate space to conceptual tools of land-use planning such as planning analytical materials, planning studies, spatial development policy, planning documentation. Of course I analyze also functioning of public administration in country and town planning in my work. It is important for understanding of a theme to determine its foundations that is based on.No less important tool as a part of my work that serve for environmental protection is Environmental Impact Assessment. In the Czech law system, this domain is regulated by the Act 100/2001 Coll., About Environmental Impact Assessement and About the Modification of Some Acts, as subsequetly ammended, and the laws difference between the intention of construction, activity and technology (EIA) and concept, strategy, policy, plan and programs set or allocated by a public administration authority...
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Environmental impact assessment
Zelenka, Andrej ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
The main goal of this thesis is to analyze the Environmental Impact Assessment (EIA), which is one of the most important horizontal tools for environmental protection. The EIA process can be described as the procedure of identification and assessment of potential significant effects of a project on the environment. The information and outputs provided by the assessment process are considered by decision makers before a decision is made. The EIA process was first mentioned in the US in the National Environmental Policy Act (NEPA) 1969. Then the EIA process was adopted in other economically developed countries. The beginning of this thesis is focused on two significant multilateral environmental agreements - The Convention on Environmental Impact Assessment in a Transboundary Context (the Espoo Convention) and The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention). Then the EU legislation related to the EIA process is described (especially Council Directive 85/337/EEC - the EIA Directive). The following part analyzes the Czech legal regulation of the EIA process that is included in Act No. 100/2001 Coll. Attention is turned to historical development, particular phases of the EIA process, the transboundary...
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The Right to Information and the Public Participation in the Environmental Matters
Vopařilová, Magdaléna
Presented dissertation is devoted to the participation of lay element in the environmental matters within the public administration. In these matters it is necessary to find the compromises that should reflect the private plans (of investors and the owners), exercising of the public participation and the public interests too. The cooperation among the administrative authorities, public subjects and private subjects shall be constructive, based on a real legal ground. The target of this thesis is to make an overview of the ways that Czech legal system (based on the international and European law) gives to the public in order to participate on the public administrative in the environmental matters. The important finding of the thesis is evaluation of efficiency of partial tools and also of risks connected with their application. The main terms, motives, preconditions and the importance of public participation in the environmental matters are defined in the introduction. Apart from that the main principles of the public participation are defined. The most important document for public participation, the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), is analyzed in this dissertation. Even though the...
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The role of NGOs in the protection of environment
Zahálková, Kristýna ; Sobotka, Michal (referee)
1 The role of NGOs in the protection of environment Abstract The topic of this thesis is the role of civil societies in the protection of environment. The civil societies, the most common type of NGOs in the Czech Republic, are legal persons of the private law that, unlike public administration bodies, contribute to the protection of environment voluntarily. This fact however does not undermine the significance of their involvement. In fact, in order to achieve the highest level of the protection of environment, it is necessary that the state treats the civil societies and other subjects of the non-profit sector as its partners. This thesis is divided into two parts that are consequently divided into chapters, subchapters and sub-subchapters. In the first part, the general starting points, in particular legal aspects of the non-profit area and the law of civil societies, including their assessment, are dealt with. Subsequently, the attention is moved to the position of civil societies in the area of environmental law, and to general starting points concerning the public participation in the environmental matters and its division. The second part looks into the roles of the civil societies in the protection of environment itself. Two types of these roles are distinguished: the conflict roles and the...
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Public participation in land-use planning
Dvořák, Adam ; Franková, Martina (referee)
1 Abstract This thesis analyzes and describes legal possibilities, which are given to the public for participation in land-use planning. The aim of this thesis is to reach to conclusion, if the public can, as one of the subjects of land-use planning, play a crucial role in this matter or if her role is rather marginal. The author firstly defines the basic terms as "public" and "land-use planning". Besides, he outlines the issue of the status of environmental associations, which is one of the main topics of this thesis. Subsequently, he categorizes land-use planning tools into conceptional and implementation tools. Further, he continues with basic characteristic of individual tools and their mutual relations. For each tool, he describes its function, content and typical features. In following chapters, author detailly describes and analyzes concrete public possibilities, means and tools for participation in land-use planning. He always doing so in the relation to specific land-use planning tools. The analysis is not limited only to the current state of legislation, but also examines its development since the adoption of the Building Act in 2007. The crucial object of the analysis is the relevant court case law, which is in this thesis detailly described and discussed and which in last few years has undergone...
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The role of NGOs in the protection of environment
Zahálková, Kristýna ; Sobotka, Michal (referee)
1 The role of NGOs in the protection of environment Abstract The topic of this thesis is the role of civil societies in the protection of environment. The civil societies, the most common type of NGOs in the Czech Republic, are legal persons of the private law that, unlike public administration bodies, contribute to the protection of environment voluntarily. This fact however does not undermine the significance of their involvement. In fact, in order to achieve the highest level of the protection of environment, it is necessary that the state treats the civil societies and other subjects of the non-profit sector as its partners. This thesis is divided into two parts that are consequently divided into chapters, subchapters and sub-subchapters. In the first part, the general starting points, in particular legal aspects of the non-profit area and the law of civil societies, including their assessment, are dealt with. Subsequently, the attention is moved to the position of civil societies in the area of environmental law, and to general starting points concerning the public participation in the environmental matters and its division. The second part looks into the roles of the civil societies in the protection of environment itself. Two types of these roles are distinguished: the conflict roles and the...
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The role of NGOs in the protection of environment
Zahálková, Kristýna ; Žákovská, Karolina (advisor) ; Pokorný, Jiří (referee)
1 The role of NGOs in the protection of environment Abstract The topic of this thesis is the role of civil societies in the protection of environment. The civil societies, the most common type of NGOs in the Czech Republic, are legal persons of the private law that, unlike public administration bodies, contribute to the protection of environment voluntarily. This fact however does not undermine the significance of their involvement. In fact, in order to achieve the highest level of the protection of environment, it is necessary that the state treats the civil societies and other subjects of the non-profit sector as its partners. This thesis is divided into two parts that are consequently divided into chapters, subchapters and sub-subchapters. In the first part, the general starting points, in particular legal aspects of the non-profit area and the law of civil societies, including their assessment, are dealt with. Subsequently, the attention is moved to the position of civil societies in the area of environmental law, and to general starting points concerning the public participation in the environmental matters and its division. The second part looks into the roles of the civil societies in the protection of environment itself. Two types of these roles are distinguished: the conflict roles and the...
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