The position and purpose of the institute of environment influence assessment (EIA) in the system of legal means used in the environment protection in the Czech Republic
Vol.8,No.3(2000)
Abstract
Pages:
327–332
Environment protection is provided for using both legal and non-legal means. One of the legal means adopted by the Czech Republic (thus refiecting the practice in the developed democratic countries) is the institute of environment influence assessment.
Its character, function, and relation to other legal institutes of environment protection are determined by the principles constituting this legal institute. The principles are the following: the principle of prevention, the principle of selectivity, the principle of complexity, the democratic principle, and the principle of expertness. Since this legal institute is relatively new it hasn't found its stable place among the other means of social relations regulation. The need for defining its position among, and relation to them is urgent. The urgency is due to the fact that it falls within the category of instruments devised for settling clashes of interests in particular areas (regions, environments). On the other hand, the principle of expertness prevails. I believe this is only just because in this direction it does not overlap any other instrument. In its current design it represent a mechanism of complex detection of human activities influence upon the environment. The mechanism is at the same time highly democratic and professional. It is realized in the time when discussing these activities is only beginning. That is why its place in the environment protection is indispensable.
Its character, function, and relation to other legal institutes of environment protection are determined by the principles constituting this legal institute. The principles are the following: the principle of prevention, the principle of selectivity, the principle of complexity, the democratic principle, and the principle of expertness. Since this legal institute is relatively new it hasn't found its stable place among the other means of social relations regulation. The need for defining its position among, and relation to them is urgent. The urgency is due to the fact that it falls within the category of instruments devised for settling clashes of interests in particular areas (regions, environments). On the other hand, the principle of expertness prevails. I believe this is only just because in this direction it does not overlap any other instrument. In its current design it represent a mechanism of complex detection of human activities influence upon the environment. The mechanism is at the same time highly democratic and professional. It is realized in the time when discussing these activities is only beginning. That is why its place in the environment protection is indispensable.
327–332
Author biography
Milan Pekárek
Department of Environmental Law and Land Law, Faculty of Law, Masaryk University, Brno
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Copyright © 2017 Milan Pekárek