Publication details
Vyvažování veřejných zájmů vůči ochraně přírody a krajiny v judikatuře NSS a SDEU
| Title in English | Balancing Public Interests Against Nature Protection in the Case Law of The Court of Justice and The Supreme Administrative Court ogf the Czech Republic |
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| Authors | |
| Year of publication | 2017 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
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| Description | This chapter analyzes the case law of the Czech Supreme Administrative Court and the Court of Justice of the European Union, in particular with an emphasis on common requirements for the identification and balancing of public interests in protection of nature. Czech Nature and Landscape Protection Act (Act No. 114/1992 Coll.) often requires an overriding public interest in order to allow interference with protected environmental interest. In some provisions of the Act, the meaning of this public interest is specified. However, it still remains an indefinite legal concept which needs to be interpreted in each individual case. For this reason, the findings of the case law are crucial. |