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Binding opinions within the protection of environmental components
Svoboda, Radek ; Stejskal, Vojtěch (advisor) ; Svoboda, Petr (referee)
1 Abstract This diploma thesis deals with the issue of binding opinions issued on the basis of individual component laws, i.e. laws that pursue the protection of individual environmental components. The aim of this diploma thesis is to provide a basic insight into the institution of binding opinions, in particular their use for the purpose of protecting individual environmental components, and a subsequent comparison with the legislation that will come into force on 1 January 2024. The first part of this thesis deals with the regulation of binding opinions in the Administrative Code, in particular their formalities, legal nature, as well as the process of issuance, including the possibility of appealing against the issued binding opinion or its subsequent review. In addition, the first part of the diploma thesis also deals with the authorities concerned, as the authorities competent to issue binding opinions. In the second part, the thesis focuses on the regulation of binding opinions in the individual component laws, with a focus on binding opinions in the Air Protection Act, the Water Act, the Agricultural Land Fund Protection Act, the Forest Act and the Nature and Landscape Protection Act. First, the current state of the legislation is discussed, then the author describes the state of the legislation...
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Respective authorities in the construction procedure
Strnadová, Karolína ; Vedral, Josef (advisor) ; Korbel, František (referee)
Respective authorities in the construction procedure Abstract The topic of this thesis is the status of the respective authorities in construction proceedings. Its aim is to introduce the reader to the regulation of respective authorities in the Building Act and other related laws, then draw models of organisation of the respective authorities in the construction procedure from different legal regulations and finally find a compromise model which enables the respective authorities to perform their function as protectors of the public interest effectively, without compromising the speed of the construction process itself. In addition to the introduction and conclusion, the thesis contains four parts that logically follow each other. The first part is devoted to the construction procedure in general, according to the valid and effective Building Act No. 183/2006 Coll., and deals in more detail with the participants in the construction procedure, the submission of an application for a building permit, the commencement of the construction procedure, the objections of the participants in the construction procedure and the building permit itself. The second part deals generally with the respective authorities, their activities, their comments and judicial protection against those comments. Given the complexity of...
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Binding opinions as an instrument of environmental protection
Marko, Jakub ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
Binding opinions as an instrument of environmental protection Abstract The whole concept of binding opinions is undergoing major changes nowadays, mainly due to an ongoing recodification of construction law. The transformation is the final part of a long process of sharp criticism that binding opinions have already been subject to. The important instrument for protecting public interests is criticized for its complicated and fragmented legislation, an ambiguity of its form and a division of competences between state agencies. However, is the critique legitimate? What is the current state of binding opinions? What role do they play in an environmental protection? What are the procedural and substantive aspects of the matter? The first part of the thesis describes a current state of a global and local environment, a state of its parts, important factors, trends, and prospects, with a closer look to different approaches to understanding the environment. The second part describes an effective regulation of the environment in the Czech legal framework. It deals with a history of a legal regulation, the role of state in protecting the environment and analyses potential instruments that the state can use to fulfil its obligations. The third- and fourth-part deal with an introduction to the effective legal...
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Binding Opinions as an Instrument of the Environmental Protection
Kubíček, Aleš ; Franková, Martina (advisor) ; Sobotka, Michal (referee)
Binding Opinions as an Instrument of the Environmental Protection Abstract The thesis deals with binding opinions issued in the field of environment. Its primary objective is to evaluate whether binding opinions fulfil the role of an effective and appropriate instrument of environmental protection in the context of the adopted reform of public building law. In addition to an unnumbered introduction and conclusion, it is divided into four parts. The first part deals with binding opinions from the perspective of general administrative law and their enshrinement in the Administrative Procedure Code. In particular, it focuses on their general definition, the process of issuing and the issues of review in both administrative proceedings and administrative court proceedings. The second part provides a basic definition of the respective authorities, with an emphasis on the regulation of the status of the respective authorities in the field of the environment. It focuses in particular on their institutional setting and powers. It does not fail to introduce several proceedings under various laws in which the respective authorities are involved. At the same time, it presents the main changes in the field of the respective authorities brought about by the reform of public building law. As binding opinions are most...
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Territorial proceedings (de lege lata, de lege ferenda)
Rendl, Tomáš ; Kopecký, Martin (advisor) ; Staša, Josef (referee)
Territorial proceedings (de lege lata, de lege ferenda) Abstract The topic of this thesis is an analysis of problematic areas of procedural regulation in territorial proceedings according to the Building Act No. 183/2006 Coll., and the submission of proposals for their streamlining. The introduction refers to the regulation of spatial planning in the area where Czech Republic is currently located, including the introduction of spatial planning in foregoing Legislation of spatial planning. Subsequently, spatial planning tools and spatial planning bodies are introduced. The third chapter discusses in detail the process of territorial management. The issue of participation of participants in territorial proceedings is discussed in detail. Furthermore, the issue regarding the methods of service of documents via data-boxes and the so-called hybrid mail post, and the possibilities of reviewing the issued binding opinions is analyzed. In the end of the third chapter, the simplified forms of territorial proceedings, which are contained in the Building Act, are thoroughly introduced. In the final chapter, due to the author's opinion, the problematic areas of territorial proceedings were analyzed in detail, including proposals for their correction. Within the framework of this chapter, the author proposes the...
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Binding opinions as an instrument of the natural and landscape protection
Štěpánková, Jana ; Franková, Martina (advisor) ; Pokorný, Jiří (referee)
This thesis focuses on the binding opinion and defines its key role in nature and landscape protection. From the author's viewpoint construction activity is an activity with the greatest impact on nature and landscape and the submitted work focuses, among other things, on the evidence that the purpose of issuing binding opinions is the regulation of construction. The thesis consists of introduction, conclusion and five chapters divided into subchapters according to logical and well-arranged structure. The first chapter discusses the role of the body concerned in the protection of the public interest, which is the protection of nature and landscape. The second chapter is structured into several subchapters and is devoted to the description of the binding opinion. The author analyzed its definition features, its legal nature and its content requirements. The last part of this chapter is devoted to the process of issuing binding opinions. Furthermore, the author focused on the review mechanism of binding opinions, namely its legislation in the Code of Administrative Procedure, the Code of Administrative Justice, including a deviation from the general regime laid down by the Building Act. The fourth chapter is devoted to the definition of the involved authorities concerned by the law on nature and...
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