|
|
Access to an independent and impartial court as a fair trial guarantee under the European Convention on Human Rights
Tymofeyeva, Alla ; Hýbnerová, Stanislava (advisor) ; Hofmannová, Mahulena (referee) ; Jeřábková, Věra (referee)
Dissertation Abstract TYMOFEYEVA, A. Access to an independent and impartial court as a fair trial guarantee under the European Convention on Human Rights. Prague 2010. Dissertation thesis. Charles University in Prague. Law Faculty. International Law Department. Supervisor Doc. PhDr. Stanislava Hýbnerová, CSc. The paper discusses the right of access to an independent and impartial tribunal under the European Convention on Human Rights with a focus on compliance of legislation and judicial practice in Ukraine with the standards developed by the European Court of Human Rights in its case-law. In order to address this issue the first part contains an analysis of the term "right of access to a court" and its components. An analysis of the term "right of access to a court" in a sense of the European Convention shows, that it includes the following elements: 1) the right to institute the legal proceedings and, in certain cases, the right to appeal against a decision of an administrative body or a court; 2) the right to legal aid, including free legal assistance and exemption from the court's costs; 3) the right to hearing by an independent and impartial tribunal with full jurisdiction established by law; 4) the right to hearing and delivery of the court's decision within a reasonable time and 5) the right to...
|
|
|
The Permissibility of concurrent Existence of a Foreign Nationality and the Czech Nationality According to the Czech Legal Rules
Emmert, František ; Balaš, Vladimír (referee) ; Hofmannová, Mahulena (referee)
The paper includes a commented summary of development of the Czech legal regulation of state nationality from 1811 to 2010. Special emphasis is placed on permissibility of legal existence of foreign nationality beside the Czech nationality according to legal regulation applicable in the territory of the Czech countries in the respective historic eras (during the Austro-Hungarian monarchy, during the First Republic, under the communist regime and after the year 1990). The paper also includes an overview of general issues of state and dual nationality. The main output is listing the situations in which the existence of dual nationality according to the current legal regulation is permissible and legal.
|
|
|
International legal protection of natural resources and the Moon environment
Kokaislová, Teresa ; Hofmannová, Mahulena (advisor) ; Ondřej, Jan (referee)
"The Protection of Natural Resources on the Moon and of Lunar Environment in International law" The aim of the thesis is firstly to analyse the existing legal basis of the protection of the natural resources which are to be found on the Moon and of the lunar environment and secondly to draw up an outline of desired development of these issues. The reason for my research is based on the fact that the Earth's resources are finite and slowly running out. The mankind is in a need of finding new resources and sees its opportunity in using the ones on the Moon. Therefore a functional and effective legal regulation is required. The thesis is composed of four chapters. Short Introduction is followed by first chapter describing the formation of the Outer Space Treaty and Moon Agreement and analysing the provisions of both. Chapter Two is dedicated to the issue of legal regimes "res communis omnium" and "common heritage of mankind". Firts part of the chapter deals with the creation and content of the legal regimes. Second part describes the rising questions concerning the morality in the "common heritage of mankind" principle and its so called tragedy. The next two chapters concentrate on the problems resulting from the tragedy of "common heritage of mankind". Chapter Three focuses on the international...
|
|
|
An impact of case law of the European Court of Human Rights upon the legal system of the Russian Federation
Srstková, Nela ; Hofmannová, Mahulena (advisor) ; Bílková, Veronika (referee)
One of the key issues discussed over the last few years in connection with the ECHR is a large number of individual applications lodged to the court although the court does not have sufficient capacity to resolve them. The majority of the cases falls into category of so- called repetitive cases. This thesis aims to identify the tools, ECHR disposes of, and to what extent those tools may affect national legislation and case law of national courts. Reforms of problematic institutes at the national level implemented as a result of the ECHR decisions are able to exclude the future influx of repetitive cases to this transnational judicial authority. The process of the influence of ECHR case law on national legal systems is analyzed on the example of Russian Federation, which currently holds the first place regarding the number of individual applications that have been filed with the ECHR.
|
|
| |
|
|
The situation in Tibet with a special regard to human rights and the right of a nation to self-determination
Kameníčková, Ivana ; Hofmannová, Mahulena (advisor) ; Hýbnerová, Stanislava (referee)
CV The situation in Tibet, with the intention of human rights problems and the right of self- determination of nations- Summary I rate the Tibet issue as very interesting and actual. If we think about the ruling situation closely, we found out big amount of break of domestic and also international law. This topic was chosen to remind a serious mischief, that is install in Tibet already 60 years and to point out the indifference of international community and the inconsistency of enforcement of international law. It is very difficult to acquire impartial information about the situation in Tibet. I stem from accessible publications trying to keep an objective stance. With regard that China offers just very few statements about the situation in Tibet, which does not further mostly respond to the facts presented by Tibet's side, my work is largely based on the particulars coming from experiences of Tibet exile or published by Tibet exile government. China takes pains to manipulate public meaning, enforces censorship and bars access of neutral international media. An important resource of my work became reports of International Commission of Jurists from 1959, 1960 and 1993, than OSN resolutions and reports published by non- governmental organisations as Amnesty International for example. It was necessary to...
|
|
|
Disarmament at the beginning of the 21st century. Reduction of strategic arms between the USA and Russia
Šilha, Jakub ; Ondřej, Jan (advisor) ; Hofmannová, Mahulena (referee)
Diarmament at the beginning of the 21st Century: Development of the contractual approaches on the reduction of strategic arms between the United States of America and the Russian Federation The aim of this diploma thesis is the theoretical assumption of the contemporary development of treaties instruments dealing with the disarmament dilemma from the international law's point of view, or setting the new (or renegotiated) treaty approach on reduction of the strategic arms between the Russian Federation and the United States of America into the wider context of international treaties, analysis of the new disarmament treaty denoted as The New START Treaty, which replaced START I Treaty, and its comparison with the previous treaties and drafts of treaties. In doing so this thesis also summarises the longer-range development of the bilateral treaty approaches on the reduction of strategic arms between the United States and Russia, or the Soviet Union respectivelly, which goes back deep into the times of the Cold War and comprises the crucial negotiations of SALT and INF treaties. The thesis focuses not only to the text of the treaties and their drafts alone but also on the particular stages of negotiations. Then, The New START Treaty is the subject of more detailed analysis in the final two chapters, as...
|
|
| |
|
|
The accession of the European Union to the European Convention on Human Rights
Del Maschio, Kristýna ; Hofmannová, Mahulena (advisor) ; Balaš, Vladimír (referee)
The aim of this thesis is to describe the fundamental issues related to the future accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms and to provide an overall understanding of the issue. To fulfil this objective, the first part of the thesis deals with the current situation in the european human rights protection system. It introduces the protection system of the Council of Europe as well as the system of protection provided by the European Union. This part aims to describe relationships between them and also gives the overview of the development of the question of accession and of the main features defining the autonomy of the European Union law. The second part then turns the attention to the legal instruments which make it possible European Union to accede. This part provides an analysis of the Accession agreement on the accession of the European Union to the Convention for Protection of Human Rights and Fundamental Freedoms which contains legal, institutional and technical solutions of the European Union's incorporation into the Convention system. This analysis serves as a basis for the next part of the thesis, which focuses on the recent Opinion of the Court of Justice of the European Union 2/13. In this opinion Court found...
|
|
|
Legality of Evidence in Criminal Proceedings in the Light of the European Convention on Human Rights
Nejedlý, Josef ; Hýbnerová, Stanislava (advisor) ; Hofmannová, Mahulena (referee) ; Hubálková, Eva (referee)
1 Abstract This PhD thesis focuses on the legality of evidence in criminal proceedings in the light of the European Convention on Human Rights ("the Convention"). At first sight it might seem that this field is only remotely connected with the Convention. In fact, none of the provisions of the Convention expressly regulates issues of evidence and the European Court of Human Rights ("the ECtHR") traditionally refuses to rule on the legality and the admissibility of evidence having regard to its subsidiary role and the doctrine of fourth instance. Yet the days when the question of the legality of evidence was exclusively a matter of domestic law are now long gone, as is evidenced by the relatively abundant jurisprudence of the ECtHR and the former European Commission of Human Rights (jointly "the Convention organs"). Moreover, Strasbourg case-law has been evolving dynamically in this area. It is thus one of the challenges currently facing both legal science and practice which stand before the difficult task to capture and influence these developments. The gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals. Consequently, it is not surprising that the jurisprudence of the Convention organs dealing with issues of evidence has developed particularly in the...
|
guest ::
RSS feed.