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THE NEW REGULATION OF A REMEDIAL ACTION WITHIN ACT NO. 540/2020 COLL., ON WASTE MANAGEMENT

Publication at Faculty of Law |
2022

Abstract

The article deals with the new regulation of a remedial action within act no. 540/2020 Coll., on waste management. The text describes basic features of the regulation and new legal elements of the regulation compared to the replaced legislation.

The text provides a basic theoretical background of a remedial action from the point of view of a science of administrative and environmental law and briefly describes the mechanism of application of the institute. As regards the content of the new legislation, it can be stated, that the law newly standardizes possible remedial actions depending on the nature of the deficiency, these will most often be measures of a real nature, but related formal measures can also be imposed.

The text further deals with the legal position of the responsible entity (including the legal succession of liability), the nature of the procedure and related procedural issues, the jurisdiction to issue a decision, as well as the requirements for the content of the administrative decision.