Publication details
Postavení zemědělského podnikatele v soudním přezkumu územních plánů
| Title in English | The status of the agricultural entrepreneur in the judicial review of land use plans |
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| Authors | |
| Year of publication | 2015 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
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| Description | The chapter deals with the status of the agricultural entrepreneur in the land use planning, particularly with regard to its possible standing to bring proceedings in the judicial review of land use plans, in relationships involving not only to protect its own business but also to the environmental protection. The main objective of this paper is the thorough analysis of the settled case law of the Supreme Administrative Court in relation to the agricultural land tenants who are taking on the long-term (manifested i.e. in case no. 2 Ao 4/2008-88; no. 1 Ao 1/2009-120; no. 1 Ao 1/2009-185). The author compares this case law with different legal opinions on the this matter (manifesting itself even within the Supreme Administrative Court) and he comments on the sustainability of that case law due to the reinsertion of the leasehold estate (which is specifically destined for the agricultural business) into the Czech legislature. The author also discusses some possible consequences of the decision of the Constitutional Court no. I.ÚS 59/14 (and his follow-up to the judgment of the Supreme Administrative Court, no. 5 Aos 3 / 2012-70) in relation to standing to bring proceedings of the civic associations bringing together the agricultural entrepreneurs as a possibility to bridge the settled case law cited above. |
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