Odpovědnost, preventivní a nápravná opatření ve vztahu k ochraně přírody a krajiny
Liability, Preventive and Corrective Measures in Relation to Nature and Landscape Protection

Summary/Abstract: The environmental damage harms or threatens the two groups of interests – public and private. Both types of interests are often damaged by one event. The tort law and public liability including their financial security are therefore functionally interconnected systems, which sometimes overlap. They do not contradict but usefully complement each other. Public liability for harm to the environment as such is in the Czech Republic regulated by a large number of different laws that can be divided into a cross-sectional and specialized. The public interest is in the practice protected by wide scope of specialized laws, e.g. under the Act on Nature and Landscape Protection. The liability regime is very brief, refers to cases of accidents and breach of law. The liability is always objective, usually without defence. The liable parties must carry three basic obligations: inform and perform preventive (general and special) and corrective measures. Corrective measures are not regulated in more detail, which is one of major deficiencies. De lege ferenda, there is no need to adopt new legal regulations. The public liability should further adjusted corrective measures and entitlements of the public concerned.

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