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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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Legal Regulation of Environmental Impact Assessment
Nagy, Jakub ; Sobotka, Michal (advisor) ; Stejskal, Vojtěch (referee)
The subject of this diploma thesis is the analysis of the legal regulation of environmental impact assessment (EIA). EIA is one of the horizontal instruments of environmental law. It is based on the principle of prevention and sustainable development. The Czech legislation can be found primarily in the EIA Act which, to a large extent, is the result of the transposition of the EIA Directive. National and European regulation of environmental impact assessment is significantly influenced by international law, in particular by the Espoo Convention and the Aarhus Convention. Non-legally binding documents are also very important. During the environmental impact assessment process, which consists of several phases, the significant impacts of the project on the environment and public health are examined and evaluated. Not all projects are subject to assessment, but only those which are stipulated directly by law ("obligatorily assessed projects") or by the relevant administrative authority in the screening procedure ("facultatively assessed projects"). The result of the assessment, which is performed by authorized experts, serves as an objective expert basis for the so-called consequential proceedings, in which a decision is made on the approval of the project. The environmental impact assessment process...
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Public participation in environmental decision-making procedures
Hlaváčová, Lenka ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
1 Abstract The theme of the thesis is public participation in environmental decision-making. Its main aim is to analyse its current legal regulation in the Czech Republic and its deficiencies. The Czech Republic as a party to the Aarhus Convention and a member of the EU is obliged to ensure that the Czech legal regulation complies with the regulation of public participation contained in the Aarhus convention and the EU law. Therefore a small part of this thesis is devoted to analyse those regulation. Main focus, however, lies with the Czech regulation. The thesis examines the most important acts containing the regulation of public participation and draws attention to its deficiencies as well as to the relevant case law. While analysing the specific acts and their deficiencies the thesis focuses on two questions. Firstly, whether all the persons who should be granted the possibility to participate in environmental decision-making under the Aarhus Convention are given this possibility under the Czech law. And secondly, whether the given possibility is truly effective. Finally, the thesis deals with the possibility to redress the inadequate legal regulation by amending the current legislation or by changes in the judicial interpretation.
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