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Human Rights Limits of Public Enforcement of Competition Law
Bernard, Vladislav ; Mlsna, Petr (referee)
This dissertation thesis deals with the protection of fundamental rights in the context of public enforcement of competition law. In the context of the use of investigative tools by the Office for the Protection of Competition and by the European Commission, the author analyzes whether a comparable level of protection of fundamental rights of individuals affected by investigation of possible anticompetitive conduct is ensured in the analyzed normative systems. The author concludes that the level of protection of fundamental rights varies. According to the author, this phenomenon has its basis in the decision-making practice of relevant courts.
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Constitutional quarantees of territorial self-government
Borovička, Roman ; Hřebejk, Jiří (advisor) ; Mlsna, Petr (referee)
Constitutional guarantees of territorial self-government Abstract The aim of this diploma thesis is to present selected institutes of constitutional and administrative law, which are connected with territorial self-government and which guarantee territorial self-governing units their existence and functioning, analysis and evaluation of application of these institutes in practice, warning of their potential difficulties, or proposal their modifications or improvements so as to provide sufficient legal guarantees for independent activities and the existence of local self-government in the Czech Republic. The method of selective literary research is applied in the diploma thesis. Materials related to its topic are used for the elaboration of the work, mainly works from the branches of constitutional law, administrative or municipal law, corresponding legal acts and comments. The method of observation was also used, in which the author tries to find out how the individual institutes, which are in any way connected with the issue of constitutional guarantees of local government, behave in reality, approach their main purpose and also analyse their real effectiveness thanks to elements of the analytical method. in particular through the broad case law of the Constitutional Court. The author of the thesis adds...
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Comparison of lustration laws in Central European states: Czechoslovakia, Poland and Baltic states
Srb, Jáchym ; Šlosarčík, Ivo (advisor) ; Mlsna, Petr (referee)
The paper: "Comparison of lustration laws in Central European states: Czechoslovakia, Poland and Baltic states" describes the emergence and application of the lustration laws in context of the political transformation of these states from the begining of the 90s. The main objective of this paper is to answer the question, what are the differences and similarities in the functioning of the lustration laws in these states and whether there is a single explanation for their divergence. For this purpose the paper describes the political and historical background from which these laws emerged in each state separately. This part, among other things, outlines the concept of the "double-tracked" lustrations in Latvia and Estonia, where the laws followed both the collaboration rationale and the ethnical divide. The paper also aims to critically outline the most prominent theoretical approaches to the aforementioned question of the disparities between lustrations in different states. The second aspect of lustrations, which this paper examines, is their conformity with the standards of the European Convention on Human Rights. From analysing the judicature of the ECHR, the paper concludes that the court was very self-restrained in examining these laws and only intervened in the cases of clearly excesive scope of the...
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Parental leave in Dresden and Leipzig with the focus of fathers involvement as an example for successful family politic
Jus, Denise ; Barth, Boris (advisor) ; Mlsna, Petr (referee)
In recent years Germany had to deal with demographical changes on his own territory, pointing an increasingly aging population and on the other hand with a low birth rate that could not normalize this trend. Family policy deals with these issues because one of its current goals is to raise birth rates and ensure and strengthen the position of women in the market. As a possible solution, the family policy sees it in the contribution of men to the share of parental leave. Therefore this diploma thesis will have this topic in the focus. The turning point for Germany and especially for fathers was the year 2007 when the so called "Elterngeld" was introduced with the goal to encourage men to take parental leave and support the woman with raising children. Thanks to this fact that a man help a woman with an upbringing child and household, to women is given the possibility to return to the working environment earlier (at least for a half-time job). This partnership should ensure greater stability in the relationship and possibly ensuring next offspring that Germany necessarily needs. Since 2007 can be noticed interesting numbers of men entering the parental leave. Noteworthy is that one of the highest figures is reported by Saxony with Dresden and Leipzig. Since the man is now seen as one of possible...
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Nuclear Power in the Green Party Agenda before and after the first Phase - Out - Agreement in Germany
Šestáková, Gita ; Nigrin, Tomáš (advisor) ; Mlsna, Petr (referee)
The red - green coalition in German national government agreed in the autumn of 1998 on a phase - out nuclear strategy, a conclusion made after long - term public debate. This thesis works with agenda setting and advocacy coalition theory in order to discover the efficiency of Green party's attempts to realize its vision of nuclear phase - out. This goal of the Greens has remained unchanged since the establishment of the political party; yet the promoting of the concrete aspects was strongly influenced by other actors interested in the energy policy. The position of the Greens in the final agreement process was disadvantaged and the party had to agree on many compromises. After the disaster of Fukushima, German government decided for a quicker nuclear exit. In this perspective, the Greens use their stable anti - nuclear image as a positive aspect for the latest national elections campaign.
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Constitutional discourse of German reunification,1989-1994
Vančura, Matyáš ; Mlsna, Petr (advisor) ; Kunštát, Miroslav (referee)
This study deals with constitutional development of German reunification in the period from 1989-1994. The aim is to introduce constitutional discourse of German reunification as the decisive element of constitutional order of German federal republic. This discourse was very extensive and a large part of the general public got engaged in it. With its influence on individual decisions the discourse helped to anchor the legitimacy of the Basic Law, especially in the first years after reunification. For better orientation in the issue of German unification, the first chapter summaries the process of German separation and the emergence of the two German republics. The study then addresses the revolutionary developments in the DDR in 1989 that stood at the inception of the main part constitutional reunification discourse. The following chapter deals with the process of unification and focuses on individual agreements, which led to its realization. The penultimate chapter is dedicated to the search of a new constitutional order. The influence of discourse is confirmed particularly in the final section, which describes the activities of the Joint Constitutional Commission. The work of commission mirrored the discourse which had an influence on the commissions' final report that introduced the suggested...
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The concept of "Schuldenbremse" as an instrument against indebtedness in the Federal Republic of Germany
Říhová, Dominika ; Mlsna, Petr (advisor) ; Kunštát, Miroslav (referee)
As a result of the rapidly rising debt in recent years, the Federal Republic of Germany has decided to stop this unfavourable trend. The approval and acceptance of the so-called debt brake (Schuldenbremse) into the Basic Law in 2009 was also supported by the fact that the amount of public debt significantly exceeded the defined limit by the convergence criteria. With the financial crisis and the associated debt crisis within the eurozone, it turned out that the rules set out in the Stability and Growth Pact are being handled by a few states, and therefore some states have, due to their irresponsible fiscal policy, faced serious problems which are characterized by the inability to repay their obligations. Consequently, austerity measures had to be taken and at the same time, other EU countries have been invited to adjust their public finances to contribute to the consolidation of Economic and Monetary Union. As a result, debt brakes or other measures were then embedded in national legislation to prevent further crises. The German debt brake is a set of seven constitutional laws, where the main assumption is the annual setting of balanced budgets, or balanced income and expenditure, both at federal and state level, in order to prevent new further indebtedness. It was stipulated that the state budget...
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Constitutional Judiciary in Spain
Borská, Nela ; Mlsna, Petr (advisor) ; Suchánek, Radovan (referee)
Summary: Constitutional judiciary in Spain The subject of this thesis is constitutional judiciary in Spain. According to the Spanish Constitution of 1978 Spain belongs in the group of states which have established a system of concentrated and specialized constitutional judiciary. In the Czech legal literature is the Spanish constitutional judiciary mentioned mainly as a system based on the German constitutional judiciary, writings dedicated exclusively to the Spanish system are not very common. In spite of the fact that the legislative regulation of the Spanish Constitutional Court was really importantly inspired by the regulation of the Federal Constitutional Court of Germany (especially in the area of competencies of the Constitutional Court), there are also some significant particularities and typical features of the Spanish Constitutional Court which can be an interesting subject of an analysis. The aim of the thesis is to provide a characterization of the Spanish constitutional judiciary. Because of the limited length of the thesis this study does not contain a detailed analysis of all aspects of the Spanish constitutional judiciary. I have focused only on some topics of the Spanish constitutional judiciary, particularly on the topic of the position and the importance of the Constitutional Court in the...
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Structural Policy of the town Duisburg in the years from 1994 untill 2004
Zajíc, Jan ; Kunštát, Miroslav (advisor) ; Mlsna, Petr (referee)
6. Resümee Der Autor dieser Diplomarbeit hat sich die Aufgabe gestellt die Strukturpolitik der Stadt Duisburg in den Jahren 1994 bis 2004 darzustellen und zu analysieren. Es galt festzustellen, ob Duisburg auch weiterhin als graue, von der Industrie gezeichnete Stadt zu verstehen ist, oder auch Entwicklungen zu beobachten sind, welche zu einem Wandel der Industriestruktur, aber auch des Bildes der ganzen Stadt geführt haben. Die Ausgangslage ist als nicht leicht, ja sogar prekär einzuschätzen. Seit 1992 hat die Stadt Duisburg, wie die meisten kreisfreien Städte Nordrhein-Westfalens, keinen ausgeglichenen Haushalt mehr gehabt. Trotz enormer Konsolidierungsanstrengungen war der Anstieg der strukturellen Unterfinanzierung nicht aufzuhalten. Laut Art. 28 Abs. 2 GG steht den Gemeinden das Recht zu, "...alle Angelegenheiten der örtlichen Gemeinschaft im Rahmen der Gesetze in eigener Verantwortung zu regeln." Auf der anderen Seite aber befinden sich die Gemeinden in das mehrstufige Hoheitsgefüge des Staates eingebettet und beziehen als unterste Ebene von ihm abgeleitet ihre Hoheitsrechte. Sie sind in ihrem Handeln an die Gesetze und an ihre Treuepflicht gegenüber Bund und Land gebunden. Dies alles macht eine effektive Strukturpolitik komplizierter, da erstens die Mittel der Gemeinde nur http://www.dresdner-...
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The Inportance of the Marshall Plan for the Electrical Power industry in North Rhine Westphalia
Huclová, Tereza ; Zimmermann, Volker (advisor) ; Mlsna, Petr (referee)
The thesis "The Importance of the Marshall Plan for the Power Electric Industry in North Rhine Westphalia" deals with the influence of the Marshall Plan on the power supply in this state. It describes the role of the American help in the reconstruction of the most important electric power public utilities. The thesis concentrates on the period 1948-1952 during which the counterpart funds were provided. There were more reasons to choose the state North Rhine Westphalia as a research basis. Most of the German industry was concentrated on this area. Therefore there was the highest consumption of electricity in Germany. On the same time, because of the concentration of many important electrical companies North Rhine Westphalia was the biggest producer of electricity in Germany. Therefore this state was also to provide electricity supplies to other German states. The thesis depicts if the Marshall Plan contributed to the reconstruction of the two chosen companies RWE and VEW. It examines which kinds of project were mostly supported. It also concentrates on the cooperation between the management of the companies, the German institutions and the American administrators of the Marshall Plan. Finally the thesis concludes that because of its size and importance RWE profited more than the smaller company VEW. Powered...
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