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Directive on environmental liability with regard to the prevention and remedying of environmental damage and transposition in the Czech legal system
Jelínková, Petra ; Tichý, Luboš (advisor) ; Svoboda, Pavel (referee)
The subject of my master thesis is the EU directive 2004/35 on environmental responsibility, prevention and damage redress, its implementation into the legal order of the Czech Republic and the potential impact of undue transposition of the directive. The first part of my thesis deals with the harmonization need in this area and with the directive itself. Following a brief introduction of the directive, I'm presenting an overview of its basic institutes and their legal form. I'm also making an effort at identifying possible shortcomings of the directive. The basic institutes of the directive include: key principles, the environmental damage itself, operational activity, responsibility mechanisms, financial safeguards and the administrative procedure to impose a preventive or a remedial provisions. The second part of my thesis deals with the theoretical aspects of appropriate implementation, such as the interpretation of the directive, a timely adoption of the transposition provisions, proper projection of the content of the directive, due form of the transposition provisions, the application of EU norms, the equivalence and effectiveness imperative and the internal Czech rules for the implementation of EU norms that have been laid down by the governmental provision Nr. 1304 (methodological directions). The...
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Liability for loss caused to the environment
Hanibal, Josef ; Stejskal, Vojtěch (advisor) ; Damohorský, Milan (referee)
English abstract The subject of my thesis is liability for loss caused to the environment. This is a fairly complex issue in the environmental law, which has developed significantly in recent years and decades, coming under the spotlight of the national, international, and European legislation. The principal aim of this thesis is to present and describe various legal instruments in the field of environmental law, particularly the legal regime of liability for loss caused to the environment in international, European, and national law. This thesis consists of nine chapters in which I analyze various modes of legal liability as a means of protecting the environment. The opening chapter of my work defines the term of legal liability in the field of environmental protection. Then I deal with tort liability in the environmental law, both criminal responsibility and liability for administrative misconducts. Next chapter of my work is devoted to liability for damage to the environment in international law. I focus primarily on the Lugano Convention on Civil Liability for damage resulting from activities dangerous to the environment, which has become an important source of inspiration for further development of a common regime of liability for damage to the environment in European countries. The fourth chapter...
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Directive on environmental liability with regard to the prevention and remedying of environmental damage and transposition in the Czech legal system
Jelínková, Petra ; Tichý, Luboš (advisor) ; Svoboda, Pavel (referee)
The subject of my master thesis is the EU directive 2004/35 on environmental responsibility, prevention and damage redress, its implementation into the legal order of the Czech Republic and the potential impact of undue transposition of the directive. The first part of my thesis deals with the harmonization need in this area and with the directive itself. Following a brief introduction of the directive, I'm presenting an overview of its basic institutes and their legal form. I'm also making an effort at identifying possible shortcomings of the directive. The basic institutes of the directive include: key principles, the environmental damage itself, operational activity, responsibility mechanisms, financial safeguards and the administrative procedure to impose a preventive or a remedial provisions. The second part of my thesis deals with the theoretical aspects of appropriate implementation, such as the interpretation of the directive, a timely adoption of the transposition provisions, proper projection of the content of the directive, due form of the transposition provisions, the application of EU norms, the equivalence and effectiveness imperative and the internal Czech rules for the implementation of EU norms that have been laid down by the governmental provision Nr. 1304 (methodological directions). The...
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