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Illegal construtions and their legal destiny
Krotil, Ondřej ; Staša, Josef (advisor) ; Handrlica, Jakub (referee)
The aim of this thesis named "So called black construction and their legal fate" is to provide a complex view on issues concerning black constructions in accordance with new trends in the Czech construction law. The new trends in the Czech construction law relates especially to the concept amendment of the Building Act made by Act No. 350/2012 Coll., on amendment of Planning and Building Regulation (Building Act), as amended. The further aim of this thesis is to trace the problematic issues concerning black constructions and try to suggest the solutions of these problematic issues de lege ferenda. The principle of a protection of an ownership is being compared against the principle of a public interest in the first chapter. These principles clash against each other in the issue and disputes related to black constructions. The following second chapter is dedicated to the definition of a construction in the legal manner. In the third chapter are being presented legal titles of a construction right. The next chapter deals with the process of the discharge and dissolution of a construction right and genesis of a black construction. The fifth part is dedicated to the definition of a black construction and the differentiation of the black construction from an illegal building in the manner of civil law...
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Service of documents in administrative proceedings
Drábková, Tereza ; Svoboda, Petr (advisor) ; Handrlica, Jakub (referee)
V ANGLICKÉM JAZYCE The thesis focuses on service of documents in administrative proceedings. At the beginning of the thesis, the used terminology and constitutional framework are defined. The main part deals with the two main forms of delivery, an electronic and a documentary form. Regarding the excessive use of electronic communication in today's society, the electronic form is described in detail. Afterwards, the thesis deals with the issue of the service of documents to foreign countries and defects that may occur during the delivery. Many uncertainties and questions have arisen putting an information system of data boxes and using of data boxes for communication between entities and administrative bodies into operation. The author therefore dedicated a considerable attention to this topic. Attention is also paid to the institute of electronic signature. This institute was adopted in the Czech legislation in accordance with European legislation. Elaborating this thesis, the author used primary legal sources, literature both domestic and foreign origin, and public information sources.
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The requirement of independence of administrative bodies in Community law
Handrlica, Jakub ; Pomahač, Richard (advisor) ; Tomášek, Michal (referee) ; Chvátalová, Iva (referee)
259 7. Závěry 1. Mluvíme-li se o "nezávislosti" správních orgánů, můžeme pod tímto pojmem chápat nezávislost ve smyslu funkčním, nezávislost ve smyslu politickém, anebo kombinaci uvedených významů. Stěžejní pro posouzení toho, v jakém významu - a jestli vůbec - je možno mluvit o nezávislém postavení dotčeného správního orgánu, je relevantní právní úprava (včetně ústavněprávních postulátů ohledně organizace výstavby státní správy). 2. Požadavek nezávislosti správního orgánu ve smyslu jeho neutrality, nestrannosti a nepodjatosti je jedním ze základních principů výkonu veřejné správy. Orgány moci veřejné prosazují veřejné, nikoliv soukromé zájmy. Požadavek nezávislosti ve smyslu její nestrannosti a nepodjatosti tedy není specifikem vybraných odvětví, nýbrž může být přiřazen k základním principům dobré správy. V kontextu předkládané studie je tento požadavek označován jako nezávislost funkční. Funkční nezávislost správního orgánu má za cíl zabezpečit všem participujícím subjektům rovné postavení ve vztahu k moci veřejné. Nezávislost ve smyslu funkčním má specifické konotace v těch případech, kdy požadavek nestrannosti implikuje nutnost předcházet možným konfliktům širšího spektra zájmů. Jedná se typicky o nové administrativní agendy, které vyžadují specifickou míru separace od mocenského centra, tj. status...
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Obligatory publication of information
Michálek, Jakub ; Korbel, František (advisor) ; Handrlica, Jakub (referee)
Duty to Publish Information (Abstract) I chose as my topic the obligation to publish official records, its legal grounds and connections with other areas. The analysis includes practical aspects and takes into account rapid changes in technology and the much slower development of ad- ministrative law institutes. In this frame I wanted to develop a procedural plan to make the public authority fulfill its duty to publish information, using legal means. I chose as my topic the duty to publish records, since I believe it to be the easist, most economical and effective way to make public records available to the citizens. This is currently a hot political topic, since new legislatation is being prepared in this area both in the Czech Republic and in the European Union, which is a response to the rapid technological progress. Nevertheless, the jurisprudence has devoted much less attention to the obligation to publish information than to disclosing the records upon a request to an individual. The thesis is divided to introduction, theoretical part, practical part and conclusion. The theoretical part deals with both the general regulation and with selected spe- cial cases of disclosure in domestic, EU and international regulation. I analyze and structure the legal regulation of mandatory publishing of records under...
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Expropriation relating to construction lines (particularly under the Energy Act and the Electronic Communications Act.)
Křížová, Jana ; Handrlica, Jakub (advisor) ; Staša, Josef (referee)
The aim of this thesis is to analyse the problematics of expropriation by construction lines in the area of energetics and telecommunications, which are considered to be strategic net branches of industry. Expropriation itself is regarded as an utmost intervention in the law of property, whose guarantee is secured with the highest legal power in the constitutional order of the Czech republic. As far as the structure of this thesis is concerned, it is divided into three main chapters described as following: The first chapter deals with basic definitions of the key words of this work, namely: construction, construction line and expropriation. Construction can be perceived in the sense of not only Civil code, but also Building act and it is crucial to differ these two regulations one from another. Construction line seems to be the source of a wide range of complications due to the fact that there is no legal definition of this term in the Building act. It should be taken into serious consideration to define this term in the future. The term of expropriation has two different meanings in the czech legal system, the first meaning represented by the widely acknowledged legal theory, the second one expressed in the key regulation of this institute - the Act of expropriation. The regulation of expropriation itself...
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Public administration in railway transport - changes in legislation
Jáč, Jakub ; Handrlica, Jakub (advisor) ; Svoboda, Petr (referee)
The law of railway transportation is a phenomenon affecting several other law branches in particular European Law, Commercial Law and Administrative Law. This thesis focuses on the last mentioned branch, i.e. Administrative Law. This thesis does not cover this issue comprehensively; however, it gives fundamental and comprehensive views on the issue. In addition to information on current legal situation and its background it provides information about the history of law of railway transportation and includes the topic of public transport services. In last twenty years the initiator of changes in law of railway transportation is mainly the European Union, which gradually liberalizes the railway transportation. Both national legislation and public services reflect and adapt to these changes. After summarising the history of law railway transportation this thesis gives overview on the important European legislation which determines national legislation in the Czech Republic. The main part of this thesis is about legislation issues in law of railway transportation in the Czech Republic. It focuses on the organisation of public administration according to the Railway Act and the jurisdiction of the Rail Administrative Authority including some aspects of the administrative proceedings there. It mentions...
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Competence of Administrative Authorities as Authorities Involved in Administrative Proceedings under the Building Act
Řehoříková, Blanka ; Vedral, Josef (advisor) ; Handrlica, Jakub (referee)
Competence of Administrative Authorities as Authorities Involved in Administrative Proceedings under the Building Act Abstract: The main aim of this rigorous thesis is a comprehensive discussion of the authority and competence of the authorities concerned as administrative authorities in proceedings under the Building Act. Given that the current legislation does not sufficiently regulate the institute of the authority concerned and the activities of the authorities concerned, I focused on the problematic parts of the legislation. The thesis is divided into eleven chapters. The introduction is followed by Chapter I and II describing the institute of the authority concerned, combined with the practical experience and with my opinions and the individual findings of administrative courts. Stating the classification of the institute of the authority concerned and its relation to specific legislation is a basic prerequisite for the subsequent definition of the individual aspects of the activities of the authorities concerned, i.e. the conditions for issuing binding opinions and other acts under Part Four of the Code of Administrative Procedure. It is important first to thoroughly identify the various parts of the issue of the authority and competence of the authorities concerned, and then to highlight the aspects...
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Electronic signature in administrative procedure
Jandora, Tomáš ; Handrlica, Jakub (advisor) ; Rajchl, Jiří (referee)
1 Abstract As a topic of the diploma thesis I have chosen the issue of electronic signature in relation to administrative proceedings. The field of electronic communication is incredibly diverse and it is growing very dynamically. For this reason, I found the topic interesting and usable in the future. There have not been many theses on this topic yet, so I did not have to solve the problem that it was not original. I have always had a positive attitude towards digital technology. At the same time, I was fortunate that I could have always been informed about information technologies by someone who was interested in the issue much earlier. No matter whether it was more experienced family member, high school teacher who by far exceeded the capacities of the educational institution, or patient colleague at work. As stated at the beginning, this work could not have been finished without the contribution of my father, who has been involved in the issue of electronic signatures for a long time, and who brought me to the idea of choosing this topic. The aim of this work was to describe possibilities of application of electronic signing in administrative proceedings, or in communication with public authorities. However, a simple description of the legislation, which is presently in practice, would not be...
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Legal regulation of the port construction in the Czech Republic
Karban, Adam ; Handrlica, Jakub (advisor) ; Svoboda, Petr (referee)
Legal regulation of the port construction in the Czech Republic The purpose of the thesis "Legal regulation of the port construction in Czech Republic" is to describe the entire process of the construction work of the port in the Czech Republic. The master thesis defines in the first chapter some of the legal terms that are important for the successful implementation of the building project. The main objective of this chapter was to determine how the legal acts regard the legal term port. Thesis also defines the legal concept of waterwork. The definition of the waterwork is very important due to the fact that under the law the port is considerated as a water work. The next chapter deals with the urban planning proceedings and the individual stages of urban planning documentation. The thesis therefore describes in detail the various steps and requirements of urban planning documentation. The thesis also deals with the need to obtain the EIA for the assessment and also with the legal regulation of this document. The construction of port as the waterwork is strongly related to the building proceedings, which is in the area of ports construction replaced by the water acts proceeding. This work thus shows variations from the normal building proceedings. In the chapter related to the building proceedings...
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