How Can Public Influence Zoning Plans to Protect Environment? – Case of the Czech Republic and Indirect Effect of EU Law.

Abstract

This paper aims to introduce legal possibilities of associations in the Czech Republic to influence adoption of zoning plans and to use legal remedies against the already adopted zoning plans. Czech courts did not allow associations to file actions against zoning plans till recent shift in the case law of the Constitutional Court. The paper analyses the reasons for this shift and finds a significant influence of EU law. Further, the paper seeks conditions laid down by recent case law of administrative courts, under which associations and representative of the public are entitled to lodge actions to repeal the zoning plan or part thereof. It aims to define further conditions. Positive effect of international law, namely the Aarhus Convention, enhancing change in the interpretation of Czech legal acts was found. It can be summoned that the position of associations, which promote environmental protection in the Czech Republic, is comparable to European standards.