The article focuses on the judgment of the Court of Justice of the European Union (Fourth Chamber) of 9 June 2011 (Case C-383/09, the Commission of the European Communities v. French Republic) related to the inadequacy of measures taken to effectively protect the European Hamster (Cricetus cricetus).
The article reminds the 20thanniversary of passing Act No. 114/1992 Gazette on the Protection of Nature and the Landscape, also known as the Act on the Nature and Landscape Protection. It has been the most important national nature conservation regulation, providing a current and strong legislative background for nature conservation and landscape protection in the Czech Republic.
On January 1, 2010 the new Penal Code of the Czech Republic entered into force. It provides some new principles in criminal liability, particularly formal approach to criminal offences added by the material corrective as well as criminal liability subsidiarity.
The Supreme Administrative Court of the Czech Republic repeatedly dealt with the issue whether binding expert opinions can be legally reviewed.
Pešout P. & Hůlková J.: Payments of Compensations for Damages Caused by Nature Conservation Provisio
Pursuant to Act No. 114/1992 Gazette on the Protection of Nature and the Landscape, as amended later, owners of agricultural land or forest land or a fishpond with fish farming or water poultry farming can apply for payments of compensation for complication in agricultural or forest management.
The article focuses on the decision of the Supreme Administrative Court of the Czech Republic, which relates to the material nature of administrative acts called measures of general nature. Two judgments deal with Act No. 114/1992 Gazette on the Protection of Nature and the Landscape, as amended later.
Although decision-making on permitting felling woody plants growing outside the forest is one of the most frequent administrative acts issued by the State Nature Conservancy authorities, some questions have not been clear yet. The basic condition under which felling can be permitted is presence of serious reasons as well as assessment of functional and aesthetical importance of the particular woody plant.
Compensatory measures under Article 6.4 of Council Directive 92/43/EEC (Habitats Directive) are one of the protection tools for the overall coherence of the European Communitys Natura 2000 network.
Watercourses, water bodies and wetlands significantly contribute to health of ecosystems which they are part of and provide wild plant and animals with their preferred habitats. The Water Act (Act No. 254/2001 Gazette on Waters, as amended later) officially declares water ecosystem conservation. Nevertheless, because the piece of legislation aims particularly at water management and flood and drought prevention, interests of water management and nature conservation can sometimes clash.
Commissioned by the Ministry of the Environment of the Czech Republic, the Agency for Nature Conservation and Landscape Protection of the Czech Republic has proposed a new Specially Protected Species list for amending the Ministry of the Environment of the Czech Republic Decree No. 395/1992 Gazette which listed species, in the Czech Republic specially protected pursuant to Act No. 114/1992 Gazette on the Protection of Nature and the Landscape, as amended later.