Publication details
Přímý vliv veřejného ochránce práv na rozhodovací činnost Ústavního soudu v oblasti ochrany životního prostředí
| Title in English | Direct Influence of the Public Defender of Rights on the Decision-Making of the Constitutional Court in the Area of the Protection of the Environment |
|---|---|
| Authors | |
| Year of publication | 2019 |
| Type | Article in Periodical |
| Magazine / Source | České právo životního prostředí : časopis České společnosti pro právo životního prostředí |
| MU Faculty or unit | |
| Citation | |
| Web | Opean access časopisu |
| Keywords | Public Defender of Rights; environment; Constitutional Court |
| Attached files | |
| Description | The paper deals with the means which the Public Defender of Rights has to influence the decision-making of the Constitutional Court in the area of protection of the environment. First, it describes the competencies the Public Defender of Rights has under the Constitutional Court Act and analyses it. They are their possibility to become so-called amicus curiae, the right to file a motion demanding certain types of law regulation to become void or the right to participate in the proceeding concerned with the annulment of any type of law regulation. In the next part, the paper describes specific cases when the Public Defender of Rights used their direct influence in the are of the protection of the environment. First, it deals with the individual complaints, when the direct influence of the Public Defender of Rights remains a possibility. Then it describes eight cases of the annulment proceedings when the Public Defender of Rights used their influence, the ways of the influence and the areas the proceedings were concerned with. It can be seen the Public Defender of Rights was more concerned with the authorization of local municipalities to issue a law regulation on the environment problem than with the environment itself. The paper concludes with the analysis of how can a member of public initiate the use of means of the influence of the Public Defender of Rights. |