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CZECH ENVIRONMENTAL LAW
Regulatory Structure
Sources of Law
System of Authorities
EL Principles
THE ROLE OF NATIONAL
ENVIRONMENTAL LAW
International environmental law:
 law developed between sovereign states to
develop standards at the international level
 provides obligations for states
National environmental law:
 applies within a state
 regulates the relations of citizens among each
other and with the executive within the state.
IMPLEMENTATION OF IEL AT THE
NATIONAL LEVEL
 Self-executing treaties require no special
measures in domestic legislation for
implementation
 Non-self-executing treaties require deliberate
legislative or other related decisions at the
national level
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IMPLEMENTATION OF IEL AT THE
NATIONAL LEVEL
 Monist approach
- countries implement treaty obligations
automatically upon ratification
 Dualist approach:
- countries conform these treaties to their
domestic law/processes first, before
implementation
RELATION TO THE NATIONAL LAW
CR Constitutional Act 1/1993 Coll.
International treaties:
 approved by the Czech Parliament
 binding upon the CR
- are part of the domestic legal order
- take precedence over national law
REGULATORY STRUCTURE
A. Civil matter
- bettween two individuals not involving the state
- state may act as an individual
B. Criminal matter
- involves punishment, its penal matter
- the state is always involved as a prosecutor
C. Administrative matter
- relation between state and individual
- unequal position
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SOURCES OF LAW
 IEL Treaties
 EU LAW
 Constitution
 Statutes
 Governmental directives
 Regulations
 Ordinances
 Guidance documents (not legally binding)
 Judicial decisions
AUTHORITIES IN THE FIELD OF
ENVIRONMENTA PROTECTION
 Parliament
 Court system
 Government and administrative bodies –
central level
 Specialized bodies (inspectorates, NPA, etc.)
 Administrative authorities – regional level
 Administrative authorities – local level
 Ombudsman
OTHER ACTORS
 EU institutions (European Commission,
Council and European Parliament)
 State non-governmental institutions
 Scientific institutions and scientists
 Natural and legal persons
 Public (individuals nad NGOs)
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ENVIRONMENTAL LAW PRINCIPLES
Principles:
 embody a common ground in international
environmental law;
 reflect the past growth of environmental law
and affect its future evolution;
 provide guidance in interpreting legal norms;
 fill in gaps in positive law
CZECH ENVIRONMENTAL LAW PRINCIPLES
1) The environment is the highest
asset/value
2) Prevention principle
3) Precautionary principle
4) Polluter pays principle
5) Sustainable development
CZECH ENVIRONMENTAL LAW PRINCIPLES
6) Highest admissible level of pollution
7) Acceptable usage of the territory
8) The right to environmental information
9) Public participation in environmental
protection
10) Access to justice principle