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Principles of Environmental Law in the New Construction Act

Publication at Faculty of Law |
2024

Abstract

In 2021, the Parliament adopted the new Construction Act No. 283/2021 Coll. and the related so-called Amendment Act No. 284/2021 Coll. as part of the recodification of public construction law. As a matter of fact, the recodification of the Public Construction Act in its original wording from 2021 had the potential to weaken the possibilities of enforcing the public interest in environmental protection in the processes of construction permitting and other projects.

However, even before the new Construction Law came into force, the Parliament adopted laws in 2023 in which the Ministry of the Environment promoted the concept of maintaining the regulation of environmental protection authorities and the enforcement of the public interest in the field of protection of individual environmental components, even at the cost of significant procedural and organizational changes to a significant part of individual decision-making procedures in the field of environmental protection in connection with the application of the Public Construction Act at the beginning of 2024. The paper aims to reflect on whether and how the principles of environmental law need to be considered when recodifying the Public Construction Act.