Selected aspects of administrative sanctions in the field of water protection in the Czech Republic

  • Barbora Mitášová
  • Martina Weissová
Keywords: Administrative punishment, Administrative Sanctions, water, water protection, law, fines

Abstract

Protection of the environment as a public interest is primarily entrusted to the administrative authorities. It is often carried out, inter alia, by
imposing sanctions for breaches of environmental legislation. The paper is devoted to examining the protection of waters in the Czech Republic
through administrative punishment. After a brief introduction to the issue of administrative punishment, attention is focused on the Czech
regulation of liability relations in the field of water protection. The authors also identify the problems of application practice. Certain specific
details of offenses according to Act No. 254/2001 Coll., Water Act, as amended, are also described. Furthermore, the authors present actual
cases from practice related to climate change and drought.
The aim of the paper is to analyse decisive factors and point out the most common problematic aspects of imposing administrative sanctions
in the area of water protection. The paper assesses the circumstances that administrative authorities consider when imposing sanctions, the
conditions under which penalties are waived or, on the contrary, rates increased. Subsequently, the authors evaluate the fulfilment of the
requirements set by the European Union on the Czech legislation. The paper is based on the legislation currently in force, case law of Czech
courts and decision-making practice of administrative bodies.

Published
2019-12-27
Section
Articles