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Judicial Protection of a Right to the Protection of Health and Favourable Environment with fous on the Region of Ostrava
Dziková, Kateřina ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
Judicial Protection of a Right to the Protection of Health and Favourable Environment with focus on the Region of Ostrava Abstract This diploma thesis deals with legal means of legal protection of the right to the protection of health and favourable environment with focus on the Ostrava region. The aim of this work is to map out judicial means of protection and analyze whether these means are in accordance with their purpose of ensuring the protection of persons against interference with their rights and the public interest in protection of health and the environment. The main methods used in this diploma thesis were the research of legal literature, case law of Czech and foreign courts and legal regulations. Subsequent use of synthesis and the analysis of the acquired information and the use of linguistic, systematic, logical and theological interpretative methods led to the generalization of the main and partial conclusions. This diploma thesis is divided into an introduction and a conclusion and six main chapters, some of which are further divided into subchapters and individual points. The first chapter deals with on the constitutional basis of health protection and a favourable environment. The second chapter focuses on the current condition of the environment in the Ostrava region, its causes and...
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The Right to a Favourable Environment
Černá, Ester ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
1 The Right to a Favourable Environment Abstract The diploma thesis deals with the right to a favourable environment. The main objective of the thesis is to answer the question of how this fundamental human right is applied nowadays and what is the role of international treaties by which the Czech Republic is legally bound in its interpretation. These findings are then critically evaluated and possible directions of the future development of this right are suggested. The thesis is divided into four parts. The introductory part of the thesis defines the basic concepts and introduces the fundamental principles of the environmental protection. The second part of the thesis approaches the possible forms of the relationship between environmental protection and the protection of human rights following the way they were defined by Dinah Shelton in 1991. The third part of the thesis focuses on the right to a favourable environment in the European legal area. First, on the example of the case-law of the ECHR one of the discussed approaches consisting in extending traditional human rights with environmental aspect is presented in more detail. Furthermore, this part deals with the Aarhus Convention and its significance for the right to a favourable environment. The last part of the thesis is devoted to the way in...
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The Right to a Favourable Environment in Case-law of the Czech Courts
Krejčíčková, Šárka ; Franková, Martina (advisor) ; Pokorný, Jiří (referee)
The Right to a Favourable Environment in Case-law of the Czech Courts Abstract This diploma thesis deals with the right to a favourable environment as it is contained in the decisions of the Czech courts. The main objective was to provide a complete overview of the development of case-law in this area, with an emphasis on some related problems. Presented diploma thesis points out especially on the unclear conception of the holders of the substantive right to a favourable environment in contrast to the substantive rights belonging to participants in environmental protection proceedings and strives for illustrating the interpretative difficulties associated with this double-track which occurs actually in the Czech legal order. Apart from other things, this thesis aims to point out to the current question, which was submitted to the Constitutional Court of the Czech Republic, i.e. whether the amendment to the Act of the Czech National Council no. 114/1992 Coll. on Nature and Landscape Protection is consistent with constitutional principles on the protection of public interests and assumptions of international law, especially whether it complies with the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (hereinafter also referred to as...
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