Main Consequences of Implementation “Polluter Pays Principle” with Analysis of Most Common Causes of Accidents in Czech Republic

Karina Mužáková, Pavla Kubová

Abstract


In light of the significant economic, technical, and technological growth are detected environmental risks. A typical example is the contamination of soil, water, air, etc. In practice, there are situations where the polluter does not have sufficient funds to redress and financial responsibility then passes to the state. States, however, decided to deal with this situation through a legislative framework. After years of preparation and negotiation was adopted in April 2004 at the European level legal standard that specifically come to life two very fundamental principles of the protection of the environment, the precautionary principle and the polluter pays principle. These two principles also have strong effects on the financial health of companies, with regard to the cost of remediation of environmental damage. The first of these principles significantly stimulates these businesses' efforts to prevent costly damage. In well-researched work Shavell demonstrates that legal liability for environmental damage stimulates preventive measures often to a much greater extent than regulatory measures.

In response to the current development of legislation in the environmental field are new commercial insurance products. These products cover the insured's liability for the injury caused to the environment-related damage to property or health of a third party, attorneys' fees and costs of preventive measures. Currently, the much debated is insurance of environmental risks and insurance against damage to the environment. Access to environmental responsibility will be approached by international treaties and conventions at the EU level. The basic idea of legislative changes is the polluter pays principle. Operator whose activity has caused the environmental damage (or the imminent threat of damage) is financially responsible for the damage. We talk about accountability objective, which arises regardless of fault or involuntarily.

Approaches to environmental responsibilities are many. Was considered by a number of different options, tools and the most important of these include: the Community's accession to the Lugano Convention, the regime focused only on transboundary damage, followed by action by Member States, which should follow the recommendations of the Community and individual Directive. Last but not least, the liability relating to the sector (particularly in biotechnology). European Directive was transposed into legislative conditions of the Czech Republic. Among the key concepts that are covered by the Act include economic damage, preventive measures, corrective actions, proceedings on the imposition of preventive and corrective measures and operator.

 


Keywords


ecological damage, ecological detriment, environmental responsibility, insurance, preventive measures, polluter pays principle, remedial measures

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