Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.
AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.
Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).
The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.
In 2021 the journal AUCI was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database Scopus. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite Scopus database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.
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AUC IURIDICA, Vol 45 No 3 (1999), 37–45
Odpovědnost za staré škody na životním prostředí
[Liability for Past Environmental Damage]
Jaroslav Drobník
DOI: https://doi.org/10.14712/23366478.2025.290
published online: 31. 03. 2020
abstract
Summary Liability for damage caused to the environment in the past is applied in the Czech Republic also to damage caused by the state enterprises to privatized property. Thus it was necessary to resolve the question of the person to be held liable for this damage after the state enterprise has been dissolved. The necessary prerequisite of the liability is the examination of damage. In the past this was never performed and only the privatization brought about this need. lt was the Act No. 92/1991 C.L. which in ž 6a laid down the duty to assess ecological covenants of the enterprise which was about to be privatized. The Czech law possesses no special regulation of the liability for environmental damage caused in the past. lt is therefore possible to assert the rights arising from the Civil Code provisions on the liability for damage (yet these are often statute barred due to the lapse of the limitation period) alongside the measures taken by the state agencies against these who are liable for the harm done to the environment. Administrative remedies awarded for damage caused in the past are applicable by the appropriate agencies against these who are liable or their legal successors. These include persons who took over the possession of the privatized state property encumbered with ecological damage. Administrative remedies can be granted subject to the provisions of the Act on Waters, Act on the Protection of Nature and the Landscape, and the Act on Waste. Yet only the Act on Waste stipulates that it is the owner of the land who is responsible for the elimination of the waste unless the person who disposed of the waste on this land is identified. Thus another problem arises, i.e. who shall be liable for the past damage provided the person who caused it has not been identified. The government of the Czech Republic decided that in the course of privatization of its property the state shall use the resources of the Fund of National Property to cover the costs incurred by the rectification of damage consisting in the pollution of water or soil as well as in the existence of dumping grounds where the waste was produced by the state enterprises’ activities on the land. The detailed conditions of covering the costs are set in the Czech Republic Government Resolution No 123 of 1993. Subsequent procedure of applying the liability for damage caused to the environment in the past should consist in completing its itemized list. This is the prerequisite for the systematic resolution of the issue whose progress will also depend on the funds available for this purpose.
Odpovědnost za staré škody na životním prostředí is licensed under a Creative Commons Attribution 4.0 International License.
230 x 157 mm
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ISSN: 0323-0619
E-ISSN: 2336-6478
