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Basel Protocol Civil Liability Mgr. Oľga Trcková Ministry of Environment Slovak Republic Warsaw, 18 – 20 January 2006.

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Presentation on theme: "Basel Protocol Civil Liability Mgr. Oľga Trcková Ministry of Environment Slovak Republic Warsaw, 18 – 20 January 2006."— Presentation transcript:

1 Basel Protocol Civil Liability Mgr. Oľga Trcková Ministry of Environment Slovak Republic Warsaw, 18 – 20 January 2006

2 Civil law Civil Code Labour Code

3 Civil Code (1) General liability is defined as follows: Everyone is responsible for the damage caused by their law breaking The one who proves that they did not cause the damage, will be restrained from responsibility Everyone is responsible for the damage caused by their operations

4 Civil Code (2) Responsibility for damage caused by the transport operation Personal and legal entities carrying out transportation are responsible for the damage caused by this operation

5 Labour Code Legal relations between employee and employer focused on employee responsibility for the damage and indemnity

6 Environmental law Law on Environment Law on the nature and landscape protection Law on integrated prevention and pollution control (IPPC) Regulation No. 259/1993

7 Law on Environment - general obligations for environment protection and the liability for violation of these obligations: Everyone is obliged to prevent pollution or damages on environment and minimize adverse consequences of their activities on the environment Everyone, who damages the environment, is obliged to restore of natural status of ecosystem or its part.

8 Law on the nature and landscape protection General rights and obligations in the field of general nature and landscape protection: Everyone is obliged to protect nature and landscape against endangerment and destroying Obligation for entrepreneurs: Obligation to propose measurements to sustain system of ecological stability, if this system is endangered by the bussiness activity Obligation to apply measurements focused on prevention and reduction of endangerment and destroying at their own charge

9 Law on integrated prevention and pollution control (IPPC) Operator obligations: obligation to apply measurements for damage prevention to apply corrective measurements in the case of damage to apply measurements for pollution reduction after the termination of the activities

10 Regulation No. 259/1993 on the control and supervision of shipment of waste obligation of notifier to take off the financial guarantee strict liability of persons involved (a notifier, an operator of disposal/recovery facility,…) carrier is responsible for the safe transport, she/he has to fulfil international requirements for road or railway transport of dangerous goods (ADR, COTIF, RID)

11 Enforcement of liability in Slovakia Slovak Environmental Inspection Ministry of Environment National Court of Justice

12 Thank you for your attention


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