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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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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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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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Participace veřejnosti na procesu EIA záměrů bioplynových stanic
Göghová, Tereza
The thesis deals with public participation in the process of assessment of environmental impacts EIA in the case of biogas stations in the Czech Republic. The theoretical part is focused on some issues, explanations of key concepts and contexts. In the practical part are analyzed specific plans in terms of public comments and taking them into account in the final statement. Everything is accompanied by the results of the survey.
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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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The Aarhus convention in the Case law of Court of Justice of European Union
Opočenský, Marek ; Humlíčková, Petra (advisor) ; Sobotka, Michal (referee)
This thesis describes issues which occurring during the implementation of requirements of Aarhus convention. The Convention has unique character, as it combines the basic human rights with environmental rights. Since 2005 The European Union is signatory, which means that content of Convention is part of union law and falls within the jurisdiction of the Court of Justice of European Union. The first chapter deals with the particular elements of the Aarhus convention. In the chapter two are described the consequences of accession to the Convention for European Union and her member states. The core of this thesis consists of chapters, 3-5, which in sequence analyzes, through selected court decisions, the most complicated provisions from the perspective of implementation and suggest certain tendencies in decision-making of the Court of Justice of The European Union. Among the most obvious belong differential treatment and claims on European and domestic bodies in executing the rights guaranteed by Aarhus convention. The final chapter suggests the overlap to the Czech regulation, concretely alerts at changes in decision-making and the legislature, which are among others strongly inspired by judgments of the CJ EU.
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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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