C 2019

The Czech Initiative on Class Actions in Environmental Matters: Destined to Fail

VOMÁČKA, Vojtěch

Basic information

Original name

The Czech Initiative on Class Actions in Environmental Matters: Destined to Fail

Authors

VOMÁČKA, Vojtěch (203 Czech Republic, guarantor, belonging to the institution)

Edition

1. vyd. Praha, Efficient Collective Redress Mechanisms in Visegrad 4 Countries: an Achievable Target? p. 169-186, 18 pp. 2019

Publisher

Ústav státu a práva Akademie věd České republiky

Other information

Language

English

Type of outcome

Chapter(s) of a specialized book

Country of publisher

Czech Republic

Confidentiality degree

is not subject to a state or trade secret

Publication form

electronic version available online

References:

URL

RIV identification code

RIV/00216224:14220/19:00110401

Organization

Právnická fakulta – Repository – Repository

ISBN

978-80-87439-39-5

Keywords in English

collective redress; class action; environmental protection; NGO; Czech REpublic; access to justice
Changed: 8/9/2020 21:41, RNDr. Daniel Jakubík

Abstract

V originále

This chapter provides a brief introduction to the environmental aspects of the latest Czech initiative, which should introduce a coherent collective redress mechanism. To identify the weaknesses of the Draft Proposal of the Act on Collective Redress, the limits of collective access to the courts are analysed in more detail, covering both civil and administrative judiciary. Furthermore, the available civil actions and regimes of civil liability are explored on the basis of the recent case law of the Czech civil courts. The author concludes that the proposed legislation - if adopted - will introduce several legal instruments that will help to compensate for damage caused by industrial accidents. However, the pitfall of the initiative seems to lie in the legislator’s ignorance of the differences between consumer protection and the environmental protection. It neither attempts to solve the problems in the current legislation, nor does it address the most destructive cases of violation of environmental law that cause mass harm to thousands of individuals.
Displayed: 16/6/2025 11:57