The Constitutional Court Has Admitted the Possibility of Reducing the Level of Protection of the Population against Noise Cover Image

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The Constitutional Court Has Admitted the Possibility of Reducing the Level of Protection of the Population against Noise

Author(s): Vojtěch Stejskal
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Environmental interactions, Sociology of Law, Court case
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: Constitutional Court; noise protection; government regulation; noise limits; public health; societal needs;

Summary/Abstract: Commentary on case law discusses a recent decision by the Czech Constitutional Court regarding noise protection regulations. A group of 23 senators challenged amendments to government regulation No. 433/2022, which increased noise limits from road and rail transport in protected outdoor areas. The senators argued that the amendments were chaotic, unbalanced, and unpredictable, potentially leading to significant increases in permissible noise levels. The Constitutional Court partially rejected and partially dismissed the proposal, stating that the amendments did not violate the law. The Court emphasized that setting noise limits is within the government's competence and that reducing protection levels is not inherently unconstitutional. The decision also referenced previous rulings and international standards, noting that neither the World Health Organization nor the European Union mandates specific noise limits. The Court concluded that balancing public health protection with societal needs is essential, and the increased noise limits do not breach constitutional mandates.

  • Issue Year: 70/2024
  • Issue No: 3
  • Page Range: 203-209
  • Page Count: 7
  • Language: Czech
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