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Right to a favourable environment and health versus the right to housing and privacy - controls of local heating in the households

Publication at Faculty of Law |
2017

Abstract

There are many local heating in the Czech Republic and their control is quite difficult. In some areas, local heating are considered to be the main source of air pollution.

Recently, there has been introduced a new legislation in the Czech Republic, which enable direct controls of the stationary combustion sources in the households as an ultimate solution in case of violation of obligations. There are 3 aspects of my contribution.

Firstly, I would like to explain the long process of introducing the legislation, secondly, I would like to answer, how is the conflict between the right to a favourable environment and protection of housing solved at the European level - in the case law of the European Court of Human Rights. Thirdly, I would like to describe, how is this regulated in selected European countries.