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Public Participation in Environmental Decision-making
Balážová, Julie ; Sobotka, Michal (advisor) ; Fiala, Zdeněk (referee)
Public Participation in Environmental Decision-making Abstract This thesis is dealing with participation of public in environmental administrative proceedings. The topic is widely discussed in connection with efforts to quicken planning and construction proceedings. It is, however, far from limited to them - the subject matter is scattered in a multitude of legal acts. Therefore, the aim of this work is to present various acts and analyse the requirements for and the extent of participation of persons in proceedings conducted under them in a compact manner. Firstly, the readers are familiarised with forms of "participation" and various definitions of "public". The legal sources of this topic are introduced next, and a few, that will be addressed in detail in the following parts of this thesis, are selected. Afterwards, the author explains how the code of administrative procedure defines parties to proceedings, how is that important for talking about other acts and what problems can arise from applying these provisions in practice. The next part introduces the readers to an international document that deals with public participation in general - the Aarhus convention and explains its importance in European and Czech law. Furthermore, the author focuses on characterization of legal acts on integrated...
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Information on the environment
Švecová, Klára ; Franková, Martina (advisor) ; Humlíčková, Petra (referee)
Although these days, we can perceive the right for environmental information as something automated and quite natural in a democratic society, we must realize that it was far from it in the past. Hand in hand with the principle of secretiveness of state administration, the public had virtually no possibility to obtain information concerning not only the state of the environment but also general information concerning almost anything. It is not surprising after all because before 1989, neither the general right for information nor the right for environmental information were protected by law, less alone by the constitution. Nevertheless, the democratic changes which took place after the Velvet Revolution produced changes also in the field of the right for information and this right was, both generally - as a right for information, and specifically - as a right for environmental information, included in the legal regulation of the greatest legal force, the Charter of Fundamental Rights and Freedoms, which became a part of the constitutional order of the Czech Republic on the basis of the resolution of the Czech National Council presidium No. 2/1993 Coll. On the basis of its constitutional protection, the right for environmental information was provided for also by law (Act No. 123/1998 Coll.) and...
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Right to environmental information in the context of a free access to information
Prágerová, Lenka ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The subject of the thesis is right to information on the environment in the context of the free access to information. It is a progressive area of international law and czech law as well. Their common aim is to guarantee right to information to everybody without exceptions and to remove effectively the obstacles in access to the information. Environmental information are useful instrument for establishment and strengthening of civil society. This thesis aims at anaylising the content, importance and position of all the principal sources of law and determines relationship between them. The thesis puts emphasis on the analysis of the czech law and on finding its possible deficiency.
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Environmental Impact Assessment and Public Participation.
Michek, Jan ; Humlíčková, Petra (advisor) ; Franková, Martina (referee)
The topic of this thesis is Environmental Impact Assessment and Public Participation. The structure of the thesis consists of six chapters that are further divided into several sections and subsections. The first chapter introduces the concept of EIA in reference to the principles upon which the concept is based on. The following chapter addresses a number of international and EU legal documents related to the concept of EIA and its legal regulation. The third and fourth chapter should be considered as a fundamental part of the thesis, which focuses on the legal regulation of the concept of EIA in the Czech Republic and the Act No. 39/2015 Coll., amending the act on environmental impact assessment. The last chapter summarises and evaluates the findings of the previous chapters.
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Environmental Democracy Index based on the Aarhus Convention: foundation, framework and indicators
Macurová, Miriam ; Hák, Tomáš (advisor) ; Syrovátka, Miroslav (referee)
The focus of this master thesis is the concept of environmental democracy at the level of the Aarhus convention. Environmental democracy rights which are the rights to access to information, public participation in decision-making and access to justice in environmental matters were mentioned for the first time at the global level in Principle 10 of the Rio Declaration on Environment and Development in 1992. With this Principle the main role of public participation in decision-making in environmental matters was acknowledged and it had a significant impact on fulfillment of sustainable development goals. To these days the most important elaboration of Principle 10 in international law is Aarhus Convention signed within the framework of United Nations Economic Commission for Europe in 1998. Main research question of this thesis is if it is possible to measure environmental democracy on the level of the region of UNECE, so the implementation of the Aarhus Convention provisions by its member states. Therefore, the research problem is the creation of the theoretical framework and the methodological procedure for building of composite indicator which will measure environmental democracy rights at the level of Aarhus convention. That will be demonstrated on the first pillar of the Convention. This thesis...
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Public participation in procedures under the Building Act
Vozák, Jiří ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
Public participation in the procedures under the Building Act Abstract This work deals with the participation of environmental NGOs in environmental decision-making with emphasis on the procedures under the Building Act. The purpose is to evaluate the level of public participation in the Czech Republic and assess whether it meets the international obligations. The protection of the environment relies on the activity of public authorities. However, the public participation also plays an important role in this matter. The public participation is a valuable tool of a democratic society, as it may help to protect the environment. The institute of public participation takes many different forms. The rights and duties related to the public participation may vary depending on its particular form. Natural and legal persons are both able to take part in decision-making of public authorities. Nevertheless, these two subjects have different position and may set up different claims in the administrative procedures. The institute of public participation is not regulated unanimously. The regulation varies upon different acts and areas of participation. The regulation of public participation exists at several levels - the international law, the law of the European Union, the national constitutional law and the Czech...
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Environmental Impact Assessment and Public Participation.
Michek, Jan ; Humlíčková, Petra (advisor) ; Franková, Martina (referee)
The topic of this thesis is Environmental Impact Assessment and Public Participation. The structure of the thesis consists of six chapters that are further divided into several sections and subsections. The first chapter introduces the concept of EIA in reference to the principles upon which the concept is based on. The following chapter addresses a number of international and EU legal documents related to the concept of EIA and its legal regulation. The third and fourth chapter should be considered as a fundamental part of the thesis, which focuses on the legal regulation of the concept of EIA in the Czech Republic and the Act No. 39/2015 Coll., amending the act on environmental impact assessment. The last chapter summarises and evaluates the findings of the previous chapters.
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Right to environmental information in the context of a free access to information
Prágerová, Lenka ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The subject of the thesis is right to information on the environment in the context of the free access to information. It is a progressive area of international law and czech law as well. Their common aim is to guarantee right to information to everybody without exceptions and to remove effectively the obstacles in access to the information. Environmental information are useful instrument for establishment and strengthening of civil society. This thesis aims at anaylising the content, importance and position of all the principal sources of law and determines relationship between them. The thesis puts emphasis on the analysis of the czech law and on finding its possible deficiency.
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Information on the environment
Švecová, Klára ; Franková, Martina (advisor) ; Humlíčková, Petra (referee)
Although these days, we can perceive the right for environmental information as something automated and quite natural in a democratic society, we must realize that it was far from it in the past. Hand in hand with the principle of secretiveness of state administration, the public had virtually no possibility to obtain information concerning not only the state of the environment but also general information concerning almost anything. It is not surprising after all because before 1989, neither the general right for information nor the right for environmental information were protected by law, less alone by the constitution. Nevertheless, the democratic changes which took place after the Velvet Revolution produced changes also in the field of the right for information and this right was, both generally - as a right for information, and specifically - as a right for environmental information, included in the legal regulation of the greatest legal force, the Charter of Fundamental Rights and Freedoms, which became a part of the constitutional order of the Czech Republic on the basis of the resolution of the Czech National Council presidium No. 2/1993 Coll. On the basis of its constitutional protection, the right for environmental information was provided for also by law (Act No. 123/1998 Coll.) and...
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Right to information on the environment
Hubálková, Magdalena ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
PRÁVO NA INFORMACE O ŽIVOTNÍM PROSTŘEDÍ | 1 Right to information on the environment ABSTRACT The objective of this thesis is to outline a regulation of the right to environmental information. There are many various reasons for ensuring broad access to environmental information. Apart from necessity of open and transparent government and the general right to know condition of the environment people are living in, the access to environmental information is also recognised as one of the regulatory instruments of the environmental policy. The access to relevant information is a vital assumption for public participation in environmental protection activities, as only broad awareness of environmental matters can develop deeper understanding of the issue and influence the future behaviour and decisions of general public. The thesis is composed of four parts which are further divided into chapters and where appropriate also into subchapters. The first introductory part focuses on bases and reasons for legal regulation of the access to environmental information and contains of two chapters. First chapter concerns the general right to information as one of the internationally accepted human right and the second analyses reasons and development of special treatment of information on environment. Part Two of...
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