Pub Date : 2024-03-25DOI: 10.14712/23366478.2024.11
Adeola Olufunke Kehinde
Nigeria, similar to numerous other nations across the globe, grapples with a multitude of environmental difficulties. The imperative of safeguarding the environment is considered inviolable, and any responsible nation must accord it utmost importance. The recognition and correlation between the right to address environmental issues and the rights to life and human dignity, as stated in the 1999 Constitution of Nigeria, have been established by authoritative entities inside the country. In Nigeria, there exist a limited number of established authorities responsible for environmental preservation. The main objective of this study is to assess the progress made by Nigeria in the realm of environmental preservation, while also evaluating the extent to which the Nigerian government and other pertinent actors in the environmental sector adhere to court directives pertaining to environmental protection. When a court of appropriate jurisdiction issues a judgement in a specific case, it is expected that the judgement will be promptly adhered to in order to uphold the principles of the legal system. Failure to comply with court judgements poses a significant issue that requires rapid attention. This study investigates the aforementioned element in the context of evaluations pertaining to environmental conservation. In order for Nigeria to align with international standards pertaining to environmental conservation, it is imperative to adhere to the principles of the rule of law and ensure compliance with court rulings.
{"title":"Is Nigeria Ready to Combat Environmental Problems? A Peep through Judicial Decisions of Nigerian Courts","authors":"Adeola Olufunke Kehinde","doi":"10.14712/23366478.2024.11","DOIUrl":"https://doi.org/10.14712/23366478.2024.11","url":null,"abstract":"Nigeria, similar to numerous other nations across the globe, grapples with a multitude of environmental difficulties. The imperative of safeguarding the environment is considered inviolable, and any responsible nation must accord it utmost importance. The recognition and correlation between the right to address environmental issues and the rights to life and human dignity, as stated in the 1999 Constitution of Nigeria, have been established by authoritative entities inside the country. In Nigeria, there exist a limited number of established authorities responsible for environmental preservation. The main objective of this study is to assess the progress made by Nigeria in the realm of environmental preservation, while also evaluating the extent to which the Nigerian government and other pertinent actors in the environmental sector adhere to court directives pertaining to environmental protection. When a court of appropriate jurisdiction issues a judgement in a specific case, it is expected that the judgement will be promptly adhered to in order to uphold the principles of the legal system. Failure to comply with court judgements poses a significant issue that requires rapid attention. This study investigates the aforementioned element in the context of evaluations pertaining to environmental conservation. In order for Nigeria to align with international standards pertaining to environmental conservation, it is imperative to adhere to the principles of the rule of law and ensure compliance with court rulings.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":" May","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140383275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-25DOI: 10.14712/23366478.2024.9
Jakub Kanický
The legal regulation of products within the European Union has witnessed significant developments over time. Originally driven by the imperative to remove barriers to the free movement of goods, it gradually incorporated environmental considerations, albeit to a limited extent. However, the importance of environmental requirements for products is gradually increasing and the effort to ensure that products placed on the market are sustainable and climatefriendly is gaining momentum. This article delves into the fundamental aspects of regulating products in the EU through the establishment of standards. It offers an analysis of the main trends of European standard-based product policy from a historical perspective and discusses various general contemporary issues of product standard-setting in the view of ensuring a high level of environmental protection.
{"title":"Sustainable and Climate-Friendly Products: What Role Is There for Product Standards?","authors":"Jakub Kanický","doi":"10.14712/23366478.2024.9","DOIUrl":"https://doi.org/10.14712/23366478.2024.9","url":null,"abstract":"The legal regulation of products within the European Union has witnessed significant developments over time. Originally driven by the imperative to remove barriers to the free movement of goods, it gradually incorporated environmental considerations, albeit to a limited extent. However, the importance of environmental requirements for products is gradually increasing and the effort to ensure that products placed on the market are sustainable and climatefriendly is gaining momentum. This article delves into the fundamental aspects of regulating products in the EU through the establishment of standards. It offers an analysis of the main trends of European standard-based product policy from a historical perspective and discusses various general contemporary issues of product standard-setting in the view of ensuring a high level of environmental protection.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":" 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140383835","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-25DOI: 10.14712/23366478.2024.14
Vojtěch Stejskal
Book review on Franková, Martina. Právní aspekty environmentálně udržitelné výstavby – možnosti a limity stavebního práva. Praha: Wolters Kluwer ČR, 2023, 284 s. ISBN 978-80-7676-741-6
关于 Franková, Martina 的书评。环境可持续建筑的法律问题--建筑法的可能性和局限性》。布拉格：Wolters Kluwer ČR, 2023, 284 p. ISBN 978-80-7676-741-6
{"title":"Franková, Martina. Právní aspekty environmentálně udržitelné výstavby – možnosti a limity stavebního práva","authors":"Vojtěch Stejskal","doi":"10.14712/23366478.2024.14","DOIUrl":"https://doi.org/10.14712/23366478.2024.14","url":null,"abstract":"Book review on Franková, Martina. Právní aspekty environmentálně udržitelné výstavby – možnosti a limity stavebního práva. Praha: Wolters Kluwer ČR, 2023, 284 s. ISBN 978-80-7676-741-6","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":" 33","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140385028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-25DOI: 10.14712/23366478.2024.10
Ewa Radecka
This article synthetically discusses the judgment of the Court of Justice of the European Union of 2 March 2023 in case C-432/21. It aims to familiarise international readers with this issue, which might be a contribution to an academic, international discussion in this field, significant in the era of climate change. The author first indicates the role of forests in climate policy and considers the socio-economic conditions of the current situation of forests in Poland. Then, the international reader will be introduced to the most critical issues related to the judgment that concern the Polish legal order, i.e., forest management and the code of good practices in forests. In the next part, she moves on to the essential elements of the legal basis for the complaint filed by the European Commission against Poland and shows grounds of action and the operative part of the judgment. Then, the most important points of the parties’ arguments were briefly presented. In addition, reference will be made to the legal consequences of issuing the judgment in question.
{"title":"Legal Consequences of the Judgment of the Court of Justice of the European Union in Case C-432/21","authors":"Ewa Radecka","doi":"10.14712/23366478.2024.10","DOIUrl":"https://doi.org/10.14712/23366478.2024.10","url":null,"abstract":"This article synthetically discusses the judgment of the Court of Justice of the European Union of 2 March 2023 in case C-432/21. It aims to familiarise international readers with this issue, which might be a contribution to an academic, international discussion in this field, significant in the era of climate change. The author first indicates the role of forests in climate policy and considers the socio-economic conditions of the current situation of forests in Poland. Then, the international reader will be introduced to the most critical issues related to the judgment that concern the Polish legal order, i.e., forest management and the code of good practices in forests. In the next part, she moves on to the essential elements of the legal basis for the complaint filed by the European Commission against Poland and shows grounds of action and the operative part of the judgment. Then, the most important points of the parties’ arguments were briefly presented. In addition, reference will be made to the legal consequences of issuing the judgment in question.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":" 19","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140385076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-25DOI: 10.14712/23366478.2024.15
Ondřej Vícha
Book review on Babáček, Tomáš – Beneš, Josef – Hloušek, Filip – Knebel, Petr – Trylč, Ladislav. Zákon o výrobcích s ukončenou životností: praktický komentář. Praha: Wolters Kluwer ČR, 2023, 608 s. ISBN 978-80-7676-305-0 (váz.), 978-80-7676-306-7 (e-pub), 978-80-7676-307-4 (mobi)
关于 Babáček, Tomáš - Beneš, Josef - Hloušek, Filip - Knebel, Petr - Trylč, Ladislav 的书评。生命终结产品法：实用评注》。Prague: Wolters Kluwer ČR, 2023, 608 p. ISBN 978-80-7676-305-0 (hardcover), 978-80-7676-306-7 (e-pub), 978-80-7676-307-4 (mobi)
{"title":"Babáček, Tomáš – Beneš, Josef – Hloušek, Filip – Knebel, Petr – Trylč, Ladislav. Zákon o výrobcích s ukončenou životností: praktický komentář","authors":"Ondřej Vícha","doi":"10.14712/23366478.2024.15","DOIUrl":"https://doi.org/10.14712/23366478.2024.15","url":null,"abstract":"Book review on Babáček, Tomáš – Beneš, Josef – Hloušek, Filip – Knebel, Petr – Trylč, Ladislav. Zákon o výrobcích s ukončenou životností: praktický komentář. Praha: Wolters Kluwer ČR, 2023, 608 s. ISBN 978-80-7676-305-0 (váz.), 978-80-7676-306-7 (e-pub), 978-80-7676-307-4 (mobi)","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"5 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140381595","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-25DOI: 10.14712/23366478.2024.4
Jan Bačovský, Jakub Straka
Europe is undergoing a massive transition to electricity generation from renewable energy sources. Photovoltaic power plants, representing one of the main renewable energy sources, require a lot of space, which is why agricultural land and building roofs are considered to be most suitable for such projects. However, performed analysis in the field of agricultural land, landscape or cultural heritage protection has shown that other public interests often constitute an important obstacle to the development of photovoltaic power plants, especially when the values represented by these interests are significantly affected by the project. The aim of this paper is to identify such cases, in addition to situations where the installation of photovoltaic power plants would be compatible with these public interests.
{"title":"Fotovoltaické elektrárny ve víru veřejných zájmů","authors":"Jan Bačovský, Jakub Straka","doi":"10.14712/23366478.2024.4","DOIUrl":"https://doi.org/10.14712/23366478.2024.4","url":null,"abstract":"Europe is undergoing a massive transition to electricity generation from renewable energy sources. Photovoltaic power plants, representing one of the main renewable energy sources, require a lot of space, which is why agricultural land and building roofs are considered to be most suitable for such projects. However, performed analysis in the field of agricultural land, landscape or cultural heritage protection has shown that other public interests often constitute an important obstacle to the development of photovoltaic power plants, especially when the values represented by these interests are significantly affected by the project. The aim of this paper is to identify such cases, in addition to situations where the installation of photovoltaic power plants would be compatible with these public interests.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"2 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140381918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-25DOI: 10.14712/23366478.2024.13
Danuta Duda, Michal Márton, Kamila Turečková
Urban Exploration (URBEX) is a relatively recent leisure activity that is directly related to the exploration of abandoned and unused objects and areas, collectively referred to as brownfields. This survey of modern ruins is conducted for private purposes only, for the purpose of photo-documentation or video-visualization and their sharing within the community or presentation to the public. Due to the fact that the properties visited in this way are owned by other entities and there is often a real risk of damage to property and health, it is necessary to identify those legal aspects of URBEX that normatively regulate the relationship of both parties concerned. The aim of this paper is to define, within the framework of Czech legal standards, the rights and obligations of the property owner, which flow for them in connection with the realization of URBEX on real estate that is his property.
{"title":"Právní aspekty URBEXu z pohledu vlastníka nemovitosti v kontextu českého práva","authors":"Danuta Duda, Michal Márton, Kamila Turečková","doi":"10.14712/23366478.2024.13","DOIUrl":"https://doi.org/10.14712/23366478.2024.13","url":null,"abstract":"Urban Exploration (URBEX) is a relatively recent leisure activity that is directly related to the exploration of abandoned and unused objects and areas, collectively referred to as brownfields. This survey of modern ruins is conducted for private purposes only, for the purpose of photo-documentation or video-visualization and their sharing within the community or presentation to the public. Due to the fact that the properties visited in this way are owned by other entities and there is often a real risk of damage to property and health, it is necessary to identify those legal aspects of URBEX that normatively regulate the relationship of both parties concerned. The aim of this paper is to define, within the framework of Czech legal standards, the rights and obligations of the property owner, which flow for them in connection with the realization of URBEX on real estate that is his property.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":" 87","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140384428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-25DOI: 10.14712/23366478.2024.1
Martina Franková
The aim of the article is to draw attention to one of the current trends in climate litigation, in which the solution of a human rights issue becomes the essence of the dispute. This trend is known as the “human rights turn”, whereby the failure to fulfil or adequately fulfil national or international climate commitments is linked directly to the violation of fundamental human rights. The paper notes the impact of this trend on the interpretation of some fundamental human rights (in particular the right to life, the right to respect for private and family life and the right to a clean, healthy and sustainable environment). It draws attention to the need to strike a balance between protecting the rights of present and future generations. The application of the principle of intergenerational solidarity and the principle of proportionality is a primary factor in addressing this issue.
{"title":"Lidskoprávní aspekty klimatické litigace","authors":"Martina Franková","doi":"10.14712/23366478.2024.1","DOIUrl":"https://doi.org/10.14712/23366478.2024.1","url":null,"abstract":"The aim of the article is to draw attention to one of the current trends in climate litigation, in which the solution of a human rights issue becomes the essence of the dispute. This trend is known as the “human rights turn”, whereby the failure to fulfil or adequately fulfil national or international climate commitments is linked directly to the violation of fundamental human rights. The paper notes the impact of this trend on the interpretation of some fundamental human rights (in particular the right to life, the right to respect for private and family life and the right to a clean, healthy and sustainable environment). It draws attention to the need to strike a balance between protecting the rights of present and future generations. The application of the principle of intergenerational solidarity and the principle of proportionality is a primary factor in addressing this issue.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":" 30","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140384957","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-04DOI: 10.14712/23366478.2023.54
Jan Malast
This paper is a brief reflection on the current views of the Supreme Administrative Court and the Supreme Court on selected issues related to the appointment or the recalling of a secretary of a municipal office. In particular, it focuses on the unclear legal character of the approval given to the appointment or the recalling of a secretary by the director of a regional office, as well as evaluates the long-held view of case law on the application of the time required for the removal of a secretary of the municipal office.
{"title":"Dvě poznámky ke jmenování a (zejména) odvolávání tajemníka obecního úřadu","authors":"Jan Malast","doi":"10.14712/23366478.2023.54","DOIUrl":"https://doi.org/10.14712/23366478.2023.54","url":null,"abstract":"This paper is a brief reflection on the current views of the Supreme Administrative Court and the Supreme Court on selected issues related to the appointment or the recalling of a secretary of a municipal office. In particular, it focuses on the unclear legal character of the approval given to the appointment or the recalling of a secretary by the director of a regional office, as well as evaluates the long-held view of case law on the application of the time required for the removal of a secretary of the municipal office.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"33 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138601339","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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