Omezení vlastnického práva ve prospěch ochrany životního prostředí formou opatření obecné povahy
Restrictions of Property Right in Favour of Protection of Environment by Means of Measure of General Nature

Summary/Abstract: This paper deals with characterization of measure of general nature as a form of public power execution. The field of environmental law is not formally much concerned with this form of regulation so far however this could change quickly. There are a lot of regulatory instruments setting specific protection conditions of particular areas that satisfy the material criteria of measure of general nature (the examples are analysed in the paper). These instruments assume the form of either administrative decision or normative act indeed. The opposition between formal and material characteristics of instruments causes substantial difficulties relating to participation of persons concerned in administrative procedures and their legal standing in a court. For these reasons the author recommends to operate necessary legislation changes to remove the discrepancy.

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