National Repository of Grey Literature 111 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Conflict of interest of public officials
Kapras, Jiří ; Kysela, Jan (advisor) ; Kudrna, Jan (referee) ; Syllová, Jindřiška (referee)
1 Abstract The dissertation is focused on the topic of conflict of interest as a decision-making problem in the performance of public functions, when the public interest, which the public official has to promote or defend by virtue of his position, and his private interest come into conflict. The existing institutes of the Czech legal system, which regulate situations of conflict of interest, are divided into several groups, to which chapters of the dissertation are dedicated. Specifically, it concerns i) the pivotal and overarching duty of prevention and prioritizing the public interest over personal interest; ii) so called 'genuine incompatibility' and iii) 'non-genuine incompatibility'; iv) reporting obligations; and v) a category of other institutes focusing foremost on cooling-off period and regulation of lobbying. The dissertation focuses specifically on the following areas of problems: i) in the case of genuine incompatibility (Chapter 4) on the issue of the cumulation of the function of a member of Parliament of the Czech Republic with the function of a member of the council of territorial self-governing units and certain negative manifestations associated with it in the process of adoption of laws affecting the territorial self-governments; ii) in the case of non-genuine incompatibility (Chapter...
Emergency Governance in Czech Constitutional Context
Dienstbier, Jakub ; Kysela, Jan (advisor) ; Kudrna, Jan (referee) ; Kosař, David (referee)
Emergency Governance in Czech Constitutional Context Abstract This dissertation thesis focuses on emergency governance from the perspective of the constitutional theory, using the legal-positivist theory of normative institutionalism, the Planning Theory of Law and the findings of Czech (Czechoslovak) legal academia and practice. The first part of the thesis focuses on addressing the question: what makes emergency governance emergency? First, it introduces governance as an action that determines the conduct of a universal public institution - the state. This governance, like any action, is governed by descriptive and practical information that creates a certain picture of the world, a certain situation. To characterize emergency governance, the thesis imports the key role of a specific image of the world - an emergency situation, the suppression of which is the meaning and purpose of emergency governance. The thesis then characterizes an emergency situation as a present, urgent and unusually intense threat capable of causing harm to the referent object. Next, the thesis analyses issues related to the notion of emergency, such as the question of the type of reference object, the presumed short-term character and unpredictability of emergency situations, as well as the relation of the emergency situation to...
Constitutional law questions of weapons ownership with a focus on the Czech Republic
Havlíček, Václav ; Kudrna, Jan (advisor) ; Hřebejk, Jiří (referee)
Constitutional law questions of weapons ownership with a focus on the Czech Republic Abstract This diploma thesis deals with the issue of ownership and disposal of weapons by civilians in the context of constitutional law with the aim of presenting the reader with a complex basis for understanding the individual institutes related to this topic. The primary focus of this thesis is the area of firearms disposal as a central point of the social debate on this issue. The thesis is divided into seven chapters, each of which is devoted to a different systematic unit. The first chapter is devoted to the definition of the term "weapon" by comparing the concept of this term across different branches of law and making a division of different types of weapons based on their partial characteristics. The second chapter will take the reader through the history of the legal regulation of weapons in our territory, which has been reflected in the current legal concept of weapons in the Czech Republic. Following this, the third chapter describes the current legal regulation of the handling of weapons by civilians in the Czech Republic, especially considering the events of the last two decades. In a separate subchapter, attention is paid to the recent incorporation of weapons into the constitutional order of the Czech...
Freedom of Expression in Czech republic
Havlíček, Radek ; Kudrna, Jan (advisor) ; Reschová, Jana (referee)
The aim of thesis Freedom of Expression in Czech republic is to provide an up-to-date approach to one of the most important human rights. The thesis focuses more on the application side, so we do not find the historical genesis of the right or its sources of thought. On the contrary, we will find theoretical backgrounds reflected in the normative development, as well as in the application practice of courts and administrative authorities. Application means, in particular, the judicial balancing of the right to freedom of expression, most often with personality rights, as well as the implementation of various represive measures across the legal order. In certain sub-topics, it should introduce the upcoming legislation and draw attention to some problems that the legislators are dragging their feet in solving. The thesis is structured in ten chapters. The first five chapters discuss the general background of freedom of expression and put it in the context of domestic and European case law. The first chapter defines speech, summarises its sub-aspects and points out the difference between conduct and speech. The second chapter defines what is meant by freedom. The third chapter provides a summary of the most important international treaties that guarantee freedom of expression and describes their...
Human rights in the times of coronavirus
Bubeník, Jan ; Antoš, Marek (advisor) ; Kudrna, Jan (referee)
The theme of the thesis "Human rights in the times of coronavirus" is an analysis of exceptional situation as coronavirus pandemic which occurred on the territory of the Czech republic in years 2020 to 2022 and its range and impact represented a completely unprecedented exceptional situation. In connection with that, crisis legislation was used to an unseen extent, showing its drawbacks, in some cases amplified by the approach of the crisis management bodies and public health protection authorities. The aim of this thesis is to analyse crisis legislation, approach of the crisis management bodies and public health protection authorities during the covid-19 pandemic. To provide a comprehensive representation, an outline of the course of the pandemic on the territory of the Czech Republic is given in the initial part of the thesis, whereas approach of the bodies and authorities mentioned above was directly linked to this. The part describing the course of the pandemic is followed by the part in which the state of emergency is analysed, including its nature, process of issuing and problems linked to the state of emergency, mainly originating from its repeated extension. The process of issuing emergency measures and selected individual limitations are also analysed. In the part dealing with individual...
Political groups in the Chamber of Deputies and similar groups in the lower chambers of foreign parliaments
Adamov, Jan ; Syllová, Jindřiška (advisor) ; Kudrna, Jan (referee)
Political groups in the Chamber of Deputies and similar groups in the lower chambers of foreign parliaments Abstract The aim of this paper was to present the historical development of political groups within the framework of Czechoslovak and Czech parliamentarianism, in that the emphasis was placed on the legal regulation of political groups within individual rules of procedure, taking into account their actual application in practice. Although the legal regulation of political groups was very stark and sketchy in the First Republic, it proved to be the case that it was precisely during this period that political groups were key actors in the National Assembly. While today's political groups do have an irreplaceable role in the constitutional system of the Czech Republic, they do not achieve such dominance in the lower chamber of parliament as was the case at the beginning of Czechoslovak statehood. However, the hegemony of the First Republic's political groups was brought about by a departure from certain electoral and constitutional principles, particularly as regards the free mandate. The parliamentary system in the First Republic was based on close cooperation between representatives of political parties at the National Assembly, in that this cooperation took place at the level envisaged in the rules of...
Immunities in the Constitutional System of Czech Republic
Malcová, Barbora ; Kudrna, Jan (advisor) ; Jirásková, Věra (referee)
Immunities in the Constitutional System of Czech Republic The thesis Immunities in the Constitutional System of Czech Republic examines the enshrinement of the immunity of selected public officials in domestic legal system. The essay describes the objective state of legislation as well as the development of academic view of the system of exceptions and the attitude of the persons, in whose favor the element works. After a short introduction, whose purpose is to outline some possible opinions and generally believed myths about parliamentary immunity; the thesis explains some terms related to the institute - material immunity, procedural immunity, and procedural exemption. The main body of the paper reviews the individual types of immunities in detail. The first chapter discusses the Members of Parliament - the immunity of the Deputies and the Senators. It shows the evolution of the constitutional basis to the institute, presents the current form of Article in the Constitution with a numerous cases when the immunity of an MP was removed by the Parliament. It also deals with the connection of the constitutional articles to the rules of procedure of the Chambers. The thesis describes selected problematic aspects of the institute, and demonstrates a number of those with historical and present court...
The right to life and the death penalty
Peleška, František ; Suchánek, Radovan (advisor) ; Kudrna, Jan (referee)
114 Right to life and the death penalty - Summary Perhaps no other topic has been subject to so many heated discussions like the topic of my thesis, in which there is a conflict between everyone's fundamental human right, namely the right to life on the one part, and the state's right to impose death penalty on some individuals that have committed a been convicted of certain crimes on the other part. Both advocates for and objectors to death penalty list many arguments for and against the capital punishment. As results from the conclusions I made in my thesis, some of the retentionists' arguments are seriously flawed. I was not able to prove the deterrent effect of death penalty and the related generally preventive function of capital punishment in relation to the most serious crimes. On the contrary, there are many cases where nations that do not have capital punishment in their legal systems have a lower level of the most serious criminality than nations using death penalty. The clear-up rate and the inevitability of punishment have a bigger effect than the harshness of punishment. The argument that the public opinion is significantly in favour of death penalty and thus the abolition of death penalty could result in less trust in the law is also very weak. A high level of support for capital punishment in...
The right to assemble in the CR
Červenka, Filip ; Kudrna, Jan (advisor) ; Suchánek, Radovan (referee)
This thesis concerns the current legislation and practical issues of the right to assemble in the Czech Republic. In the introduction is described the development of the right of assembly from the year 1948 until the adoption of the current law, the Right of Assembly Act. The present legislation is based on the notifying principle. An Assembly shall therefore not be subject to permission of public authority. The legal framework of the right to assemble at national level consists primarily of Article 19 of the Charter of Rights and Freedoms and the Act No. 84/1990 Coll., on the Right of Assembly. In the field of international law is the respective regulation included mainly in the article 21 of the International Covenant on Civil and Political Rights and Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The work describes the most important institutes of the right of assembly, such as the convening of the assembly and the convening person, the rights and obligations of the convener, participants and the authority, spontaneous gatherings, prohibition and dissolution of an assembly. More attention is paid to situations where there are conflicts between the convener and the authority, which strives to prevent some assemblies. This was also the question...
Legal regulation of the position of political parties
Šálek, Stanislav ; Jirásková, Věra (advisor) ; Kudrna, Jan (referee)
The presented thesis deals with political parties and especially with their legal regulation. However, the thesis does not only use the legal statutes and theirs provisions, but it also aspire to set the existence and the action of political parties into a wider context, which is provided the political science. The subject of the thesis is restricted to the Czech Republic (respectively to its contemporary national territory and to political parties, which existed or are existing within this territory). That's why the statutory regulation of political parties' position is set into the context of czech constitutional law order as well. Concurrently, only selected aspects of existence and action of political parties are carefully analysed. In spite of that, the thesis provides a basic overview of general legal regulation of political parties in the Czech Republic. This thesis consists of four chapters. The first chapter pursues historical development of political parties' phenomenon in territory of contemporary Czech Republic It does so by characterizing of political parties themselves (including the enumeration of the most important ones of them), and further by regarding to their legal regulation in specific historical periods, which preceded the enactment of contemporary valid legal regulation of...

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