Czech Republic: Limited Constitutional Regulation of Environmental Protection Complemented by the Case Law of the Constitutional Court

Liability rules protecting waste management in the light of the right to a healthy environment

“…This is the case, for example, if the individual exercise of a right of freedom does not appear to be endangered, but in the totality of the cases, the institution of freedom or life relationship generated by the fundamental right is endangered." 38 Based on this definition, it can be concluded that the CC emphasized the institutional protection side of the fundamental right in question in 1994, since the purpose of the right is to ensure an appropriate quality of the environment for everyone, and this can only be done with regulations that protect the environment. According to Sári's definition based on the cited decision, "the State's obligation to enforce fundamental rights is not limited to refraining from violating rights, but must ensure the conditions necessary for their enforcement."…”