ČPŽP 45 3/2017

3/2017

ÚVODNÍK

EDITORIAL

Summary Current issue of the journal Czech Environmental Law Review, No.3/2017 (45) deals with the following hot issues and main themes. The first article presents the current American campaign „Defend Our Environment: Defend the Places We Love“ against the politics of President Donald Trump. The author, Tereza Snopková, Ph.D., presents and analyses the study of Prof. Michael B. Gerrard “Eight Things environmental lawyers can do in the age of Trump”. Also, she comments the Gerrard’s eight principles from the Czech environmental politics point of view. The article of Mgr. Tereza Fabšíková deals with the new legal regulation of administrative punishment. The article aims to introduce such regulatory issue from the environmental law point of view and to consider potency of the new regulation in the field of environmental protection. The new administrative liability act unites the existing forms of administrative delictual liability and introduces the term ‚offense‘ for the administrative liability of individuals, legal entities and natural persons who transact business. Vojtěch Vomáčka and Dominik Židek deals with the amendment of the Czech BuildingAct. In their unprecedentedmove, Czech Parliament members supported by the developers and lobbyists decided to restrict environmental NGOs from participation in a wide range of permitting procedures. A substantive amendment (Act. no. 225/2017 Coll.) to the Czech Building Act was supposed to speed up the procedures but leaves much to be desired in this respect and may even turn counterproductive. The authors analyse the amendment and conclude that the NGOs still retain their right to access to justice based on the case law of the Czech Constitutional Court and The Supreme Administrative Court. As a consequence, the developer may face the objections of the public concerned during the court proceedings for the first time, too late for any changes of the project. Martina Franková, Ph.D. deals with the most important amendments adopted by the Czech Parliament this year Nr. 225/2017 Coll. related to relationship between nature and landscape protection and building permitting process. Taking into account the number of adopted changes (Parliament adopted important amendments of Building Act, Nature and Landscape Protection Act and Environmental Impact Assessment Act), the article concerns the procedural aspects of nature protection, especially the tools of nature protection in the building permitting process.

ČESKÉ PRÁVO ŽIVOTNÍHO PROSTŘEDÍ

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