Publication details
Ochrana vody podle § 23a vodního zákona v judikatuře správních soudů
| Title in English | Water protection under Section 23a of the Water Act in the case law of administrative courts |
|---|---|
| Authors | |
| Year of publication | 2025 |
| Type | Article in Periodical |
| Magazine / Source | Soudní rozhledy |
| MU Faculty or unit | |
| Citation | |
| web | https://app.beck-online.cz/bo/index.seam |
| Keywords | Water Protection; Supreme Admistrative Court; Case Law; Good Ecological Status; Water Framework Directive |
| Description | The article addresses Section 23a of the Water Act, which aims to protect the good status or ecological potential of water bodies, and describes both the procedures and pitfalls associated with granting exemptions that may affect this status. It summarizes the case law of administrative courts (particularly the Supreme Administrative Court) concerning these exemptions and underscores the need for careful examination of the factual circumstances as well as thorough justification by water authorities. The text highlights the interconnectedness of Czech legislation with EU law (namely the Water Framework Directive), including principles such as the precautionary principle. It also discusses the procedural requirements for issuing exemptions, emphasizing the protection of water as a public interest and the necessity of convincingly determining whether a particular project genuinely requires the granting of an exemption. |