Pub Date : 2022-03-10DOI: 10.14712/23366478.2022.10
Šimon Pepřík
The aim of this article is to describe the national regulations regarding space recourse activities in selected countries. The list of countries includes major space-faring countries, Luxembourg for its progressive legislation, and the Czech Republic, European Space Agency and European Union for comparison. The article presents an overview of the steps taken by each country in the field of space resources and discusses their current policies. Where they are not known, it is attempted to estimate them based on an analysis of publicly available documents and information. A conclusion is made presenting possible future development in space-faring countries as well as the direction of the international community.
{"title":"Národní regulace aktivit v oblasti kosmických zdrojů","authors":"Šimon Pepřík","doi":"10.14712/23366478.2022.10","DOIUrl":"https://doi.org/10.14712/23366478.2022.10","url":null,"abstract":"The aim of this article is to describe the national regulations regarding space recourse activities in selected countries. The list of countries includes major space-faring countries, Luxembourg for its progressive legislation, and the Czech Republic, European Space Agency and European Union for comparison.\u0000The article presents an overview of the steps taken by each country in the field of space resources and discusses their current policies. Where they are not known, it is attempted to estimate them based on an analysis of publicly available documents and information. A conclusion is made presenting possible future development in space-faring countries as well as the direction of the international community.\u0000","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44228079","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 : 2022-03-10DOI: 10.14712/23366478.2022.6
Z. Fiala
The aim of this paper is to outline the current condition and identify development trends in the application of administrative liability in the field of component (ecosystem) environmental protection. For this purpose, the author first summarizes the theoretical basis of the application of administrative liability, which he confronts with the application practice, which is presented through the analysis of annual reports of administrative offenses prepared by central administrative authorities according to § 110 of Act No. 250/2016 Sb., annual activity reports of Czech Environmental Inspectorate and demonstrates in more detail on air protection.
{"title":"K uplatňování správněprávní odpovědnosti při složkové ochraně životního prostředí se zaměřením na ochranu ovzduší","authors":"Z. Fiala","doi":"10.14712/23366478.2022.6","DOIUrl":"https://doi.org/10.14712/23366478.2022.6","url":null,"abstract":"The aim of this paper is to outline the current condition and identify development trends in the application of administrative liability in the field of component (ecosystem) environmental protection. For this purpose, the author first summarizes the theoretical basis of the application of administrative liability, which he confronts with the application practice, which is presented through the analysis of annual reports of administrative offenses prepared by central administrative authorities according to § 110 of Act No. 250/2016 Sb., annual activity reports of Czech Environmental Inspectorate and demonstrates in more detail on air protection.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48956834","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 : 2022-03-10DOI: 10.14712/23366478.2022.1
Tereza Fabšíková
The European Green Deal includes in its scope a review of the Non-Financial Reporting Directive. A proposal of the new version of non-financial reporting - sustainability reporting – was presented by the European Commission in April 2021. The new version of non-financial reporting is to strongly emphasize the matters of environmental sustainability issues, mainly the issue of climate change. This paper describes the major changes that are included in the new proposal, while an analysis of the current legal framework is also provided. The new proposal is also examined among a wider context of measures aiming to mitigate climate change.
{"title":"Vývoj evropského právního rámce podávání zpráv o udržitelnosti v souvislosti s klimatickou změnou","authors":"Tereza Fabšíková","doi":"10.14712/23366478.2022.1","DOIUrl":"https://doi.org/10.14712/23366478.2022.1","url":null,"abstract":"The European Green Deal includes in its scope a review of the Non-Financial Reporting Directive. A proposal of the new version of non-financial reporting - sustainability reporting – was presented by the European Commission in April 2021. The new version of non-financial reporting is to strongly emphasize the matters of environmental sustainability issues, mainly the issue of climate change. This paper describes the major changes that are included in the new proposal, while an analysis of the current legal framework is also provided. The new proposal is also examined among a wider context of measures aiming to mitigate climate change.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44579166","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 : 2022-03-10DOI: 10.14712/23366478.2022.5
Adam Novák
The author deals with the legal regulation of the management of primary microplastics at the EU level. The article is mainly devoted to the comparison of the already existing legal regulation of some EU Member States, which have already adopted measures concerning the handling of so-called microbeads. Furthermore, the author deals with the comparison of these legal regulations with the prepared amendment to the REACH Regulation, which should fundamentally affect the management of primary microplastics within the EU and also serves as a harmonization regulation. Following this comparison, the author also briefly discusses the possibility of member states retaining their national legislation, especially if this legislation is broader than European legislation.
{"title":"Právní regulace nakládání s primárními mikroplasty na úrovni eu a v některých evropských zemích","authors":"Adam Novák","doi":"10.14712/23366478.2022.5","DOIUrl":"https://doi.org/10.14712/23366478.2022.5","url":null,"abstract":"The author deals with the legal regulation of the management of primary microplastics at the EU level. The article is mainly devoted to the comparison of the already existing legal regulation of some EU Member States, which have already adopted measures concerning the handling of so-called microbeads. Furthermore, the author deals with the comparison of these legal regulations with the prepared amendment to the REACH Regulation, which should fundamentally affect the management of primary microplastics within the EU and also serves as a harmonization regulation. Following this comparison, the author also briefly discusses the possibility of member states retaining their national legislation, especially if this legislation is broader than European legislation.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48489444","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 : 2022-03-10DOI: 10.14712/23366478.2022.11
Kateřina Lipanová
The article deals with the topical issue of the current information age, related to the legal protection of genetic data as a special category of personal data. This article presents an analysis of the current legal regulation of DNA processing for forensic purposes in the context of the legal protection of genetic data. The processing of DNA profiles for forensic purposes is an issue to which the Office for Personal Data Protection has paid considerable attention, especially with regard to the constant topicality and sensitivity of this topic. Therefore, the article also focuses on the Office’s decision-making practice in matters of processing DNA profiles for forensic purposes in the light of the case law of administrative courts. The author considered both some particular consequences of the impact of current legal regulation as well as the subjective perception of these impacts. The aim of the article is to contribute to raising the awareness about the risks of the processing of DNA profiles for forensic purposes based on the current legal regulation and to contribute to explaining the importance of applying the principle of proportionality as one of the key principles of personal data protection in the processing of genetic data. Based on the analysis, the article concludes that in the case of DNA processing for forensic purposes by the Czech Police, it is therefore necessary to balance the interest of the police and the general public in clarifying crime with the right to privacy, especially personal data protection, according to which the interference with personal rights must always be in proportion to the seriousness of the committed crime or criminal accusation.
{"title":"Problematika zpracovávání DNA pro forenzní účely z pohledu ochrany osobních údajů","authors":"Kateřina Lipanová","doi":"10.14712/23366478.2022.11","DOIUrl":"https://doi.org/10.14712/23366478.2022.11","url":null,"abstract":"The article deals with the topical issue of the current information age, related to the legal protection of genetic data as a special category of personal data. This article presents an analysis of the current legal regulation of DNA processing for forensic purposes in the context of the legal protection of genetic data. The processing of DNA profiles for forensic purposes is an issue to which the Office for Personal Data Protection has paid considerable attention, especially with regard to the constant topicality and sensitivity of this topic. Therefore, the article also focuses on the Office’s decision-making practice in matters of processing DNA profiles for forensic purposes in the light of the case law of administrative courts. The author considered both some particular consequences of the impact of current legal regulation as well as the subjective perception of these impacts.\u0000The aim of the article is to contribute to raising the awareness about the risks of the processing of DNA profiles for forensic purposes based on the current legal regulation and to contribute to explaining the importance of applying the principle of proportionality as one of the key principles of personal data protection in the processing of genetic data. Based on the analysis, the article concludes that in the case of DNA processing for forensic purposes by the Czech Police, it is therefore necessary to balance the interest of the police and the general public in clarifying crime with the right to privacy, especially personal data protection, according to which the interference with personal rights must always be in proportion to the seriousness of the committed crime or criminal accusation.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46171351","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 : 2021-12-07DOI: 10.14712/23366478.2021.34
Matěj Kopecký
Foreword
前言
{"title":"Aktuálně k správněprávním vztahům a organizaci veřejné správy. Předmluva","authors":"Matěj Kopecký","doi":"10.14712/23366478.2021.34","DOIUrl":"https://doi.org/10.14712/23366478.2021.34","url":null,"abstract":"Foreword","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41320785","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 : 2021-12-07DOI: 10.14712/23366478.2021.41
Martin Wagner
The territorial administrative structure of the Czech Republic has been reformed by Act No. 51/2020 Sb. This change implements an integrated system of local administrative units for the performance of the state administration on different levels based on local units defined as micro-regions. The new arrangement respects the existing boarders of territorial self-governing units while provides an abolishment of the old system of administrative regions based on Act No. 36/1960 Sb.
{"title":"K reformě územně správního členění České republiky","authors":"Martin Wagner","doi":"10.14712/23366478.2021.41","DOIUrl":"https://doi.org/10.14712/23366478.2021.41","url":null,"abstract":"The territorial administrative structure of the Czech Republic has been reformed by Act No. 51/2020 Sb. This change implements an integrated system of local administrative units for the performance of the state administration on different levels based on local units defined as micro-regions. The new arrangement respects the existing boarders of territorial self-governing units while provides an abolishment of the old system of administrative regions based on Act No. 36/1960 Sb.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46865070","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 : 2021-12-07DOI: 10.14712/23366478.2021.37
Richard Pomahač
Constitutional and administrative law are two related branches of law. But are the boundaries separating constitutional and administrative law truly clear? Many excellent experts in public law have already answered this question. However, as the legal system evolves, the answer to this question can be neither complete nor definitive. Nevertheless, it is possible to mark a number of bright and dark sides of the normative duality of constitutional and administrative law. Attention is focused on the constitutionalization of administrative law, but no less important is the deconstitutionalization of public administration in conditions of over-regulation connected with fragmentary and inconsistent legislation. However, it is not just a question of the integrity of the legal order. There are also a number of practical problems in the sphere of disputes resolution using dual argumentation.
{"title":"Rozhraní ústavního a správního práva","authors":"Richard Pomahač","doi":"10.14712/23366478.2021.37","DOIUrl":"https://doi.org/10.14712/23366478.2021.37","url":null,"abstract":"Constitutional and administrative law are two related branches of law. But are the boundaries separating constitutional and administrative law truly clear? Many excellent experts in public law have already answered this question. However, as the legal system evolves, the answer to this question can be neither complete nor definitive. Nevertheless, it is possible to mark a number of bright and dark sides of the normative duality of constitutional and administrative law. Attention is focused on the constitutionalization of administrative law, but no less important is the deconstitutionalization of public administration in conditions of over-regulation connected with fragmentary and inconsistent legislation. However, it is not just a question of the integrity of the legal order. There are also a number of practical problems in the sphere of disputes resolution using dual argumentation.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41501378","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 : 2021-12-07DOI: 10.14712/23366478.2021.36
Matěj Kopecký
The paper deals with the conception of public rights, their attributes, and a definition of the typical groups of public rights. The author analyses which duties of public authorities may be enforced before the court. The author further shows when individual persons have no legal claim to fulfilment of duties of public authorities. The paper analyses the evolution of public rights within the area of public administration and the possibilities of enforcement of these rights.
{"title":"K obsahu a rozsahu veřejných subjektivních práv","authors":"Matěj Kopecký","doi":"10.14712/23366478.2021.36","DOIUrl":"https://doi.org/10.14712/23366478.2021.36","url":null,"abstract":"The paper deals with the conception of public rights, their attributes, and a definition of the typical groups of public rights. The author analyses which duties of public authorities may be enforced before the court. The author further shows when individual persons have no legal claim to fulfilment of duties of public authorities. The paper analyses the evolution of public rights within the area of public administration and the possibilities of enforcement of these rights.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48530688","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 : 2021-12-07DOI: 10.14712/23366478.2021.35
Helena Prášková
The article deals with the status of natural and legal persons, who are as the addressees of public administration one of the subjects of administrative-law relationship. In the introduction, the legal position (status) of a person is generally described. The following chapters then progressively examine legal personality, legal capacity, delictual liability, capacity to be party to proceedings and procedural capacity; that is capacity of individuals as well as legal entities. They focus on specificities of these types of capacity in the area of administrative law, on their legal regulation and on possible interpretation and application issues.
{"title":"Status jednotlivce ve správním právu","authors":"Helena Prášková","doi":"10.14712/23366478.2021.35","DOIUrl":"https://doi.org/10.14712/23366478.2021.35","url":null,"abstract":"The article deals with the status of natural and legal persons, who are as the addressees of public administration one of the subjects of administrative-law relationship. In the introduction, the legal position (status) of a person is generally described. The following chapters then progressively examine legal personality, legal capacity, delictual liability, capacity to be party to proceedings and procedural capacity; that is capacity of individuals as well as legal entities. They focus on specificities of these types of capacity in the area of administrative law, on their legal regulation and on possible interpretation and application issues.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44032145","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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