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Urban planning as viewed from the perspective of the law
Vávrová, Petra ; Fabšíková, Tereza (advisor) ; Franková, Martina (referee)
This thesis focuses on the relationship between law and urbanism, in particular the ways in which law influences urbanism and the form of public spaces. Urbanism, in the context of this thesis, is understood to be both a scientific discipline that examines the realities of the contemporary and historical city and the technical discipline of the planning of public spaces. In the first chapter of the thesis, the author attempts to define urban studies and urbanism, and through a historical excursion outline their development and the effect of past trends in current urban development. The first chapter thus introduces the social sciences context and basic concepts and includes the analysis of the legal concept of public space ("veřejné prostranství"), to which the thesis refers in subsequent chapters. Then, the thesis maps the legal anchoring of public space, especially in terms of its planning. First of all, it describes the broader system of Czech construction law, , its common theses with environmental law and legal norms which influence the form of the city, such as municipal building regulations and municipal ordinances. With regard to the time of the drafting of the thesis, space is also devoted to the new Czech Construction Act of 2021, which affects the issue of urban planning fundamentally....
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Legislation for waste management from the trader's point of view
Dušek, Martin ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
1 Abstract Legislation for waste management from the trader's point of view The diploma thesis deals with the legal regulation of waste management from the perspective of the trader with regard to Act no. 541/2020 Coll. on waste and Decree 1013/2006 in the case of cross-border shipments of goods. The main objective of this work is to provide a comprehensive analysis of the relevant legislation de lege lata. The first chapter is devoted to waste management and the sources of legislation at the international, European and national levels. The second chapter specifies the basic concepts of waste management relevant to the trader. In the third chapter, the author approaches the subjects of waste management, with which the trader can get in touch in his activities and relationships. The fourth chapter, which together with the fifth chapter forms the focal point of the work, deals with the trader, whereas the author first enshrines the role of the trader in waste management by discussing the motivation to trade in waste, and further defines the waste trading itself. This chapter describes the procedure of the regional office, the result of which is the issuance of a waste trading permit for a certain type and category of waste. The work also creates space for comparison with the institute of waste management...
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Protection of Invertebrates in Legal Regulation of European Union
Chlup, Petr ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
266 Protection of Invertebrates in the Legal Regulation of the European Union Abstract In recent years, studies on the population trends of insects and other invertebrates reported widespread declines most pronounced in intensely developed regions, such as Europe. The likely causes include various activities of the industrial society, including agriculture, urbanisation, forestry, and commercial fishing. Most of these activities are governed by, inter alia, legislation on the EU level. This thesis argues that even though there are no completely white spaces in the EU law and relevant legislation addresses most of the important areas of invertebrate conservation, the current legislation is not comprehensive and inclusive enough. The arguments for this conclusion are derived from the analysis of the current EU legislation in the face of the biological context of invertebrates. In Part I, the contextual framework for the analysis is built up by outlining the presented problem of declining invertebrate populations. A short introduction to the taxonomy and ecology of invertebrates is followed by a summary of the environmental threats they currently face. The threats are matched to the corresponding EU legislation, thereby laying out the structure of Part II. The second part includes chapters on the relevant...
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Viniculture and wine-production from the legal point of view
Doležalová, Jana ; Damohorský, Milan (advisor) ; Drobník, Jaroslav (referee)
The title of the thesis is "Viticulture and winemaking from the legal point of view". The purpose of my thesis is to analyze the Czech legislation of viticulture and winemaking. It is important to include the law of the European Union because it directly regulates the national legislation. The aim of this thesis is to give a complex insight into the valid viticulture and winemaking law. The thesis is composed of seven chapters, each of them dealing with different aspects of the topic. The first chapter is introduction and provides only starting point of the thesis such as terminology. Chapter two is subdivided into six parts and surveys historical background of viticulture and winemaking in the Czech Republic. Each part is devoted to one important era starting in antiquity and explores the evolution till current situation. Chapter Three shows viticulture and winemaking law in the context of the Czech legal system and highlights links between mentioned law and environmental policy. Chapter Four characterizes current EU legislation and focuses on regulations concerning common agricultural policy in the sphere of viticulture and winemaking. Chapter Five outlines Czech legislation and is subdivided into seven parts. It is the main part of the thesis and it reports on the current Czech regulation of...
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Environmental protection instruments in Czech law
Timková, Lucia ; Damohorský, Milan (advisor) ; Snopková, Tereza (referee)
This diploma thesis deals with the instruments of environmental protection which are used in the Czech legal system. Thanks to these instruments, the state and other institutions try to assign the most effective environmental protection possible. We can divide these instruments into two main categories, direct and indirect. The direct instruments are divided into conceptual, administrative - law, vindicatory and voluntary. The indirect are represented by the economic instruments, which can be divided into instruments of positive and negative stimulation. The thesis also contains specification of the particular basic principles of the environmental protection and the concretization of the institutions responsible for the protection. Each chapter also contains a demonstration of how each particular group of instruments can be practically applied in the nature and landscape protection.
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Protection of the Earth's climate system from the legal point of view
Polanská, Eva ; Žákovská, Karolina (advisor) ; Drobník, Jaroslav (referee)
Protection of the Earth's climate system from the legal point of view This thesis aims to provide a broad view of legal protection of the Earth's climate within its six chapters. The first three chapters explain drivers of climate change law. Protection of the climate system has stemmed not only from science, but also to a large extent from the political situation and the performance of the world economy. Therefore, after introduction the second chapter examines the scientific basis of climate change and its evolution in time. The third chapter outlines the history of international negotiations which led to the conclusion of the three most important international instruments regulating climate change - the Framework Convention on Climate Change, the Kyoto Protocol, and the EU ETS Directive. The fourth chapter discusses economic approaches to internalization of global warming costs. The core of the thesis analyzes the legal framework addressing climate change. The analysis is devoted to the backbone of international instruments laid down in the Framework Convention on Climate Change and the Kyoto Protocol, and to one of the most significant regional instruments - European emission allowances trading. Therefore, the fourth chapter on the Framework Convention on Climate Change examines the Convention...
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Legal regulation of the environmental impact assessment
Pich, Jan ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
Environmental Impact Assessment is one of internationally recognised tools providing environmental protection. Purpose of the assessment is to identify and comprehensively evaluate environmental impact of a project with participation of the public, professionals and administrative bodies, prior to the realisation of the project. Information gained through this process is then used as a basis for decision making in procedures granting development or other consents. The thesis aims to analyse in particular the Czech environmental impact assessment law with emphasis on its recent amendment and reasons of its implementation.
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Environmental protection through integrated permitting
Chudoba, Petr ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
The introduction of an IPPC proceedings into Czech law has been executed through implementation of requirements of Directives enacted at the level of European Communities and subsequently at the level of European Union and Czech republic was obliged to implement the content of the Directives by being a member state of those international organizations. During the IPPC proceedings of application for an integrated permit the participants and other subjects who can express their statement on the application a chance to influence the final content of an integrated permit. This influence subsequently might change the conditions of operation of large industrial and agricultural compounds and the emission limits binding for the operator of such compounds. This thesis focuses on an evaluation of possibilities to protect the environment through IPPC during the proceedings of application for an integrated permit, through managing the way of establishing the emission limits within the obligatory conditions of operation and through an influence of preceding proceeding and subsequent proceedings, which are part of allowing the intended activity of the operator.
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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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Freedom of Movement in the Environmental Law
Karfilátová, Gabriela ; Stejskal, Vojtěch (advisor) ; Falteisková, Sabina (referee)
Freedom of Movement in the Environmental Law Abstract This thesis is concerning freedom of movement in the environmental law, i.e. the limitation of movement stemming from environmental legislation. Firstly, it is a current issue due to the COVID-19 pandemic - as the countryside has become a popular destination for many visitors. Secondly, it is a general issue - as the human population expands or as there are new possible ways of spending free time due to technological progress. The aim of this thesis is to analyse the current state of legislation in this area and to assess it in regard to satisfying its purpose, i.e. environmental protection. It was ascertained that the environmental legislation rather reached its goals, as it offered flexible protection to the specific needs of individual areas. The legislations drawbacks comprised of legal vacuums - it seldom contained provisions for movement in winter countryside or it did not include sufficiently general rules to apply on every manner of movement of people in nature. Another issue of the legislation is the lack of public awareness, its considerable fragmentation and limited chance of it being enforced due to understaffed public guards. Key words Environmental Law, Freedom of Movement, Environmental Protection
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