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Remedial measures in environmental protection
Krykorková, Markéta ; Fabšíková, Tereza (advisor) ; Sobotka, Michal (referee)
The aim of this thesis was to analyse remedial measures in the field of environmental protection first from the perspective of legal theory in general and then specifically by analysing individual provisions regulating remedial measures in selected laws in this field. The selected remedial measures were subjected to an evaluation of the effectiveness and efficiency of the current legislation, one of the tools used being an excursion into the practice of the relevant authorities. Following this evaluation, the work also includes de lege ferenda considerations reflecting the identified shortcomings, in particular the low use of corrective measures in practice. However, these conclusions should be considered only partial, as the ambition of this work was not to present an exhaustive analysis of this institute nor to present a complete overview of the established practice of the competent authorities. The first chapter focuses on the general characteristics, definition and setting of remedies in the context of environmental law. It also looks at the relationship of remedies to sectoral legal principles and finally offers possible criteria for the classification of remedies. The second chapter provides an analysis of the various arrangements for remedies in the context of selected existing environmental...
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Remedial measures in the protection of environment
Málek, Jiří ; Derlich, Stanislav (advisor) ; Pokorný, Jiří (referee)
In the field of environmental law, some people consider the most important provisions enforcing environmental standards. However, not only in law, it is necessary to think about situations in which the subjects do not respect the law and adjust their responsibility in the event of violation of their duties. Without adjusting the remedial measures, the restoration would only be a moral obligation. Under such circumstances, the measures would be mostly financed by the state and there would not be any possibility of regression to the originator. That is the reason, why effective remedial measures, which can be characterized as a frontier institute between prevention and sanctioning, are needed. At present, remedies can be imposed through a relatively diverse range of legislation, of which the most important should be Act No. 167/2008 Coll., On Prevention of Environmental Damage and its Remedy. Remedial measures are, however, usually imposed on the basis of constituent laws for which the imposition of sanctions and corrective measures is not linked to the occurrence of environmental damage but to a specific breach of the obligations laid down. The environmental authorities are thus proceeding also because even before the effectiveness of Act No. 167/2008 Coll. there was a relatively high level of...
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