One System, Many Rules: A Critical Examination of Environmental Remedial Measures in the Czech Republic

Absztrakt

This article critically examines the fragmented legal framework governing environmental remedial measures in the Czech Republic. It also analyses the multiple legislative acts under which such measures can be imposed, including the overarching Act on the Environment, the specific Act on the Prevention of Environmental Damage (largely unused in practice), numerous component-specific laws (e.g. water, forests, nature protection), and regulations concerning historical environmental burdens (‘old ecological burdens’) predating privatisation. The analysis highlights the lack of a unified definition and procedure for remedial measures, the inconsistent application of the ‘polluter pays’ principle, issues surrounding the transfer of liability (particularly concerning privatised property and legal succession), and the practical challenges faced by administrative authorities. Despite legal fragmentation, the administrative data suggest that the remedial measures under specific acts are frequently imposed, albeit with limited recourse to appeals or judicial review, thus raising questions about enforcement effectiveness. The article further explores the impact of court proceedings, including the rare granting of suspensive effect to administrative complaints, and the interplay between public law obligations and private law claims. Finally, it addresses the implications of this complex regulatory landscape from a real estate perspective, considering disclosure requirements, the role of public databases such as SEKM, and the impact of environmental burdens on property marketing and valuation.