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The election campaign and its limits
Vybíralová, Jana ; Antoš, Marek (advisor) ; Kudrna, Jan (referee)
As mentioned above, this master thesis is focused on some processes which an election campaign is affected by. In the first place, it analyses processes and trends which are typical for the legal regulation of election campaigns in the Czech Republic. My approach to this topic is centered on restrictive parameter limits which influence election campaigns. The core of the master thesis is naturally aimed at the field of law. The aim of the master thesis is to present basic knowledge of the matter which is still topical in the Czech society based on the fact that elections are held quite often. The master thesis can therefore serve as a source of information for further analysing election campaigns whose main purpose is to win the biggest voters' support. The master thesis is divided into four chapters. The first one concerns a theoretical background of election campaigns. The second one examines an election campaign itself, its legal regulation de lege lata respectively. The third chapter studies general principles relative to conducting an election campaign. The final chapter reflects the current situation in the Czech Republic as regards the direct presidential election.
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The Czech presidential election law and its comparison with presidential election amendments of European Union countries
Šutka, Pavel ; Antoš, Marek (advisor) ; Pavlíček, Václav (referee)
The dissertation investigates a constitutional amendment to the 2012 legislation of the presidential election. The amendment introduced an election of the president through a popular vote, which was a historical milestone for the Czech legal system. However, the new adjustment was adopted in haste and evinces many deficiencies; that was proven in the 2013 presidential election. Therefore, the aim of the dissertation is to describe problematical parts of the new legal adjustment and find some possible solutions. The main topics are as follows: 1) modification of the basic concepts of the election system, 2) candidate nomination process, 3) election campaign funding and 4) ethical aspects of the election campaign. A comparison of legal adjustments of 14 EU countries with the direct presidential election (the Czech Republic, Bulgaria, Finland, France, Croatia, Ireland, Cyprus, Lithuania, Poland, Portugal, Austria, Romania, Slovakia and Slovenia) was done, in order to find appropriate solutions. Apart from the results of comparison, the dissertation is based on reports by GRECO, OSCE and the corresponding Czech judicature. In conclusion, the Czech adjustment of the presidential election meets every democratic principle, but, at the same time, contains many mistakes. Especially the queries of "election campaign...
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Case law of the courts in electoral matters and the development of electoral legislation in the light of judicial review
Svobodová, Jana ; Antoš, Marek (advisor) ; Hřebejk, Jiří (referee)
Case law of the courts in electoral matters and the development of electoral legislation in the light of judicial review The main objective of this thesis is to provide a comprehensive overview of the electoral justice and electoral legislation, which is unfortunately highly fragmented across several laws. The current form of the Electoral Law causes a number of problems in practice, which the administrative courts and the Constitutional Court have to deal with. Various legislative and executive bodies are formed on the basis of the elections and their results, which subsequently affects the entire legal order and, consequently, each individual through their activities. This thesis includes a description of how the courts proceed under Section Four of the Administrative Procedure Code when reviewing elections. It also contains an overview of the development of the influence of the Constitutional Court and legislation on electoral laws and an assessment of possible future developments through an analysis of individual court rulings and decisions relating to elections and their review. Keywords: judicial review of elections, development of electoral jurisprudence, development of electoral law
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"Registration of Candidates for the Office of the President of the Czech Republic".
Vodehnal, Ondřej ; Antoš, Marek (advisor) ; Janstová, Kateřina (referee)
Zusammenfassung Die Diplomarbeit beschäftigt sich mit der Problematik der Nomination und Registration der Kandidaten für die tschechische Präsidentenwahl. Im Jahre 2012 genehmigte das Parlament eine Änderung der Verfassung, die die Wahl des tschechischen Präsidenten auf die direkte Wahl änderte. Im Zusammenhang damit kamen viele Fragen über die Nomination und Registration der Kandidaten für die Funktion des Präsidenten. Diese Fragen musste man nicht lösen, weil das Recht auf die Nomination des Kandidaten neu die Bürger bekamen, die eine Petition mit den Unterschriften mindestens 50.000 Bürger mit dem Wahlrecht vorlegen. Die Diplomarbeit bemüht sich diese Probleme zu analysieren und ihre Lösung vorzuschlagen. Nach dem Einführungsteil über die Geschichte der Anträge auf die direkte Wahl im tschechischen Verfassungssystem und nach der Rekapitulation der anderen Rechtsvorschriften, laut den man in einigen Fällen (Kandidatur der unabhängigen Kandidaten in den Komunal- oder Senatwahlen, bzw. Gründung einer neuen politischen Partei) eine Petition mit einer bestimmten Anzahl der Unterschriften vorlegen muss, folgt gerade dieser analytischer Anteil. In dieser Diplomarbeit beschäftigt sich der Autor z.B. damit, auf welche Art und Weise bei der ersten tschechischen Präsidentenwahl das Innenministerium die...
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Electoral campaign in the light of a new legislation
Pikous, Martin ; Antoš, Marek (advisor) ; Mlsna, Petr (referee)
The aim of this thesis is a comprehensive overview and analysis of the amandments of Czech election legislation and Act on assembly in political parties and movements from the year of 2016 (Acts no. 322/2016 and 302/2016 Coll.). The thesis does not provides with all the questions of political party funding but targets essentially on particular election rules and management of election campaign. It partially resumes the Presidential Elections Act which as the first implements part of provisions typical for new legislation, for instance campaign contribution limits. The first chapter set the amandements to the framework of post- revolutionary legal development and international recommendations which are considered as fundamental sources for legislators. Afterwards I focus on the term of election campaign which currently has a legal definition, however not with clarity. Neither is the position of all those involved in the election campaign unquestionable. The third chapter deals with matters of candidate subjects and their cooperation, subjects excluded from participation in the campaign and the new institute of the so-called registered third parties. This issue is followed in the next chapter by an analysis of the prohibition of anonymous political advertising drafted into the obligation of its...
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Constitucional Court: Negative Legislator?
Večerka, Jiří ; Antoš, Marek (advisor) ; Suchánek, Radovan (referee)
Constitutional Court: Negative Legislator? Abstract This diploma thesis deals with the question whether the Constitutional Court of the Czech Republic can be considered as a mere negative legislator in connection with deciding on proposals for annulment of laws or their individual parts according to Art. 87 par. a) of the Constitution or whether the Constitutional Court departs from this position and how. The diploma thesis is divided into theoretical and practical part, while the author seeks to rely mainly on the actual decision-making practice of the Constitutional Court. In the theoretical part, the thesis deals with the concept of the negative legislator and its origin in the ideas of Hans Kelsen. Kelsen's concept of constitutional justice as a negative legislator is presented. In the following subchapters, the theoretical part is devoted to acquainting the reader with the decision-making of the Constitutional Court on petitions to annul laws or their individual parts. The thesis also describes the binding of judges in decision- making and their binding for other subjects. In the practical part, the thesis is divided into six individual chapters, each of which deals separately with one type of decisions that the Constitutional Court deviates from its position as a negative legislator. In each chapter...
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Constitucional limits of personal freedom
Fišerová, Veronika ; Antoš, Marek (advisor) ; Kindlová, Miluše (referee)
Constitutional limits of personal freedom Abstract The Master's thesis deals with the extensive theme of restriction or deprivation of the personal freedom. The aim of this thesis is not to analyse the reasons for deprivation of personal freedom in detail, but to look at personal freedom as a whole. In the Charter of Fundamental Rights and Freedoms (the Charter), personal freedom is the highest-ranked right to be most often interfered with by the state. Any restriction of personal freedom must meet a number of conditions resulting from legislation, international treaties and the supreme courts' decisions. The main goal of this thesis is to evaluate the frequency and intensity of the deprivation of personal freedom in the Czech Republic. In this thesis I pose the question whether all these limits of permissible deprivation of personal freedom are respected in practice or not. In this thesis I do not deal with the term of imprisonment but I focus on the reasons of deprivation of personal freedom expressly enumerated in the Charter. The first chapter deals with a brief definition of the concept of personal freedom, its incorporation in our legal order and its implementation in international treaties. In the following section, I present the conditions of permissible deprivation of personal freedom resulting...
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The Impacts of Mass Surveillance on Fundamental Human Rights
Kousal, Jakub ; Antoš, Marek (advisor) ; Kindlová, Miluše (referee)
The Impacts of Mass Surveillance on Fundamental Human Rights Abstract In this thesis I mainly deal with instruments of mass surveillance, which were recently revealed to the public by American IT specialist Edward Snowden. A considerable part is also devoted to Directive 2006/24 / EC of the European Parliament and of the Council, which at the time obliged Member States to adopt legislation providing for the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks. I also deal with the current form of its transposition into the Czech legal order. The purpose of this thesis is to assess if these instruments of mass surveillance meet the conditions of admissibility of measures limiting fundamental human rights, especially the right to privacy. I have understood the content of these conditions on the basis of the interpretation of relevant laws and international treaties on human rights, or their commentaries and relevant case law. This has led to the assessment of the accordance of these instruments with the principle of proportionality or the application of the proportionality test in its various forms. The concept of my thesis is therefore to be understood as a conflict of two interests, namely the...
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Judicial Salaries as a Component of Judicial Independence?
Andraková, Karolína ; Antoš, Marek (advisor) ; Suchánek, Radovan (referee)
The aim of this work is to answer the question of whether the judge's remuneration represent a constitutional guarantee of judicial independence and thus whether they can have a real impact on the judges' decisions. In view of this, the thesis will first deal with the definition of the term "judicial independence" and its possible categorizations. Subsequently, the diploma thesis will focus on Czech legal regulation of judicial remuneration and documentation from important international institutions. The focus of this thesis will be devoted to the analysis of Act No. 236/1995 Sb., o platu a dalších náležitostech spojených s výkonem funkce představitelů státní moci a některých státních orgánů a soudců a poslanců Evropského parlamentu, ve znění pozdějších předpisů (about salary and other elements associated with the performance of State representatives, bodies, judges and members of the European Parliament duties). Specifically looking at case law from the Constitutional Court on the issue of judge's remuneration, in particular with regard to the method of calculating judges' salaries and restrictive interventions in the judiciary, including the removal of additional salaries, the freezing of salaries and changes in the statistical index. The aim of this chapter will be to find out, in particular,...
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Right to be Forgotten - Right to Privacy in the Internet Age
Váňa, Jan ; Antoš, Marek (advisor) ; Preuss, Ondřej (referee)
Right to be Forgotten - Right to Privacy in the Internet Age Abstract The first chapter of the diploma thesis aims to identify the threats to human privacy and forgetting that were brought on by the advancements in the field of information and communication technology in the recent decades. Both privacy and forgetting have important functions in the life of the individual, as well as on the societal level. The protection of those functions, whose analysis can be found in the second chapter of the diploma thesis, is one of the basic tasks of modern, liberal and democratic societies. Unless we want to leave the evolution of our civilization up to the technological developments and their often unforeseen (and unforeseeable) consequences, it is imperative that we systematically evaluate their impact on society. Such evaluations should then serve as bases for devising regulation (both legal and non- legal) that would eliminate or at least mitigate the identified societal threats. In the context of human privacy and forgetting, one of the outcomes of such an impact assessment and regulatory consideration is the right to be forgotten. This right can be seen as a legal instrument protecting the informational aspect of human privacy, or rather the informational self-determination of individuals, in the new reality...
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