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Respective authorities in the construction procedure
Strnadová, Karolína ; Vedral, Josef (advisor) ; Korbel, František (referee)
Respective authorities in the construction procedure Abstract The topic of this thesis is the status of the respective authorities in construction proceedings. Its aim is to introduce the reader to the regulation of respective authorities in the Building Act and other related laws, then draw models of organisation of the respective authorities in the construction procedure from different legal regulations and finally find a compromise model which enables the respective authorities to perform their function as protectors of the public interest effectively, without compromising the speed of the construction process itself. In addition to the introduction and conclusion, the thesis contains four parts that logically follow each other. The first part is devoted to the construction procedure in general, according to the valid and effective Building Act No. 183/2006 Coll., and deals in more detail with the participants in the construction procedure, the submission of an application for a building permit, the commencement of the construction procedure, the objections of the participants in the construction procedure and the building permit itself. The second part deals generally with the respective authorities, their activities, their comments and judicial protection against those comments. Given the complexity of...
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Regional land use plan and its review
Bulušek, Martin ; Korbel, František (advisor) ; Staša, Josef (referee)
Regional land use plan and its review Abstract The subject of this thesis is the regional land use plan, its legal aspects and its administrative and judicial review. Regional land use plan is issued by the regional council under its own authority (competence) and defines intended land usage of regional importance. The regional land use plan and its amendments take the legal form of a measure of general nature. Because of this form as a measure of general nature the process of issuing and the content of the regional land use plan and its amendments are subject to review both by the public administration and by the courts. The main objective of this thesis is to analyse the regional land use plan (which is covered by numerous regulations and statutes) in a comprehensive manner, to analyse its material and procedural aspects and to summarise its administrative and, especially, its judicial review. With regard to the upcoming recodification of construction law, the aim of this thesis is also to analyse the changes the new legislation will bring to these areas. The thesis consists of six main parts. The first part looks at measures of general nature and defines how they are different from other legal acts. I also look at relevant sections of the Administrative Procedure Code and summarize how it differs from...
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The legal position of the municipality in the implementation of a development project
Vlk, Vojtěch ; Svoboda, Petr (advisor) ; Korbel, František (referee)
The Legal Position of the Municipality in the Implementation of a Development Project Abstract This thesis is devoted to the legal analysis of the different positions of the municipality in the individual phases of the implementation of a residential development project and the resulting opportunities for the municipality to influence the development project. The text is divided into five chapters, which are arranged chronologically to follow the process of development project preparation. In the first chapter, the author defines the basic theoretical background and concepts relevant to the topic under discussion, namely the autonomous and delegated powers of the municipality, which in many cases intertwine in the process of preparing a development project. The next chapters are devoted to the process of implementation of the construction project as such. In the second chapter, the author discusses what tools the legal system entrusts to municipalities for regulating construction on their territory, and how the municipality can influence the implementation of a construction project from the position of the owner of transport or technical infrastructure, or immovable property related to it. The author analyses the individual instruments of spatial planning and specific situations that the municipality, as...
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Legal Regulation of eGovernment in the Czech Republic
Nešpor, Jan ; Staša, Josef (advisor) ; Korbel, František (referee)
1 Abstract Legal Regulation of eGovernment in the Czech Republic The diploma thesis deals with the legal regulation of the Czech eGovernment, i.e. with the regulation of the selected public administration services provided while using information and communication technologies and with the regulation of digitalization of public administration. In addition to the Czech legal regulation, the focus is also on the legal regulation in selected European countries and the "supranational" approach of the European Union towards digitalization. The thesis aims to introduce the phenomenon of eGovernment briefly and to analyse the legal regulations that form the legal framework of eGovernment in the Czech Republic and abroad. On this basis, I examine the hypothesis confirming the existence of eGovernment law as a specific branch of law. Using the method of doctrinal and qualitative analysis, I examine individual eGovernment- related legislation in the Czech Republic in Chapter two and in the selected European countries and the European Union in Chapter three. In the same chapter, I then compare the individual legal regulations based on predefined criteria. The obtained information is then synthesized in Chapter fourth into a unified whole, which from my point of view, confirms the hypothesis. With the help of the...
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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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Data retention -depositing operational and localizing data
Jirovský, Lukáš ; Korbel, František (advisor) ; Millerová, Ivana (referee)
DP - Lukáš Jirovský, Data retention, 2015 Abstract Data retention - storing of traffic and location metadata The topic of this thesis is data retention - traffic and location metadata storing (and providing to state) by telecommunication providers according to Czech and European law (including rulings of constitutional courts). It also describes compliance or conflict with the users right to privacy and also possibilities to provide this data to users. There is also technical description of the data with their meaning and statistics of crimes detection according to validity of this law.
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Right to obtaining information on salaries and bonuses of employees in public administration bodies
Kilian, Vojtěch ; Korbel, František (advisor) ; Pítrová, Lenka (referee)
Title of the Thesis: Freedom of information rights to obtaining information on salaries and bonuses of employees in public administration bodies This thesis aims to analyse the theoretical framework of the freedom of information laws in the Czech republic, with a particular focus on obtaining information about salaries, wages, and benefits of public administration employees, and its subsequent comparison with the practice. The goal of this thesis is not only to summarise the development of jurisprudence concerning the freedom of information laws up to this day, which will be dealt with in chapter II, as well as in the relevant parts of chapter III.1 and 2 respectively, dealing with the right to privacy and information self-determination. More importantly, this thesis aims to offer a possible solution to the conflict between, on the one hand, the right to obtain relevant information pursuant to the freedom of information laws, and, on the other hand, the right to privacy and information self-determination, using the proportionality test described in chapter III.4. In doing so, this thesis offers a framework that has not yet been used in the relevant literature. Following a short summary, the thesis introduces the sources of the freedom of information laws relevant to the Czech legal system in order...
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Legal Aspects of a Residential Project Construction from the Point of View of an Investor
Vlk, Vojtěch ; Korbel, František (advisor) ; Svoboda, Petr (referee)
Real estate development is an intersectoral discipline not only itself, but also in the field of law, because within it both public and private legal relationships are established. The aim of this work is to analyze the construction process of a residential project consisting of ten solitary family houses and related technical and transport infrastructure from a legal point of view. The emphasis will be placed on the analysis of legal risks that can arise for the investor in the various stages of realization of the construction project. The chapters will be sorted chronologically as the realization of the construction project takes place, from the selection of a suitable site to the issuance of the occupancy permit. The first part of the work is devoted to a legal audit of the land on which the construction project is to be carried out. Particular attention is paid to a public law restrictions, such as zoning or buffer zones, as well as risks arising from acquisition of ownership from a specific seller, such as the risk of unenforceability of a sales contract due to bankruptcy of the seller or voidability of the sales contract due to execution proceedings. The next chapters are devoted to the actual realization of the project. In third chapter I analyze the specifics of the developer's preliminary...
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Legal regulation of powers of public defender of rights in the Czech Republic
Pástorová, Monika ; Korbel, František (advisor) ; Vedral, Josef (referee)
Legal regulation of powers of the Public Defender of Rights in the Czech Republic Abstract The thesis is focused on the subject of legislation of the authority and competences of the Public Defender of Rights in the Czech Republic. The role and position of the Ombudsman, the lack of clarity of his scope and the possibilities for his powers, including the questions about the effectiveness and necessity to establish the institute, have always been the subject of discussions and have been the cause of the lengthy legislative process in its establishment. The scope of development is constantly evolving and expanding over time, hence the limits of his competences are not always clearly framed and are thus surrounded by different views. The thesis also mentions the historical establishment of the ombudsman as such and the process of his establishment in the Czech legal environment. Part of the work is devoted to his relationship to other public authorities and his activity in relation to the authorities of particular components of state power. Also, there is given an insight into his activities with respect to the Constitutional Court or the general courts, as well as his role in the legislative work or other activity in relation to the government. A part of the work is dedicated to the particular areas of his...
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Right to information of business corporations
Novotný, Jan ; Korbel, František (advisor) ; Rajchl, Jiří (referee)
Right to information of corporations The master thesis is focused on corporations as liable subjects to the right to information. The thesis also deals with a conflict of constitutional laws during the proces of requesting the information from corporations. There is a dynamic development of constitutional right to information from year 2000 on in the Czech Republic. A brief Right to Information Act and not so many amendments made it possible to complete the information law by using extensive judicature. The amount of case law in that field of law is unusual in continental law system. However, the judicature of a few last months indicates that extensive interpretation of the right to information already reached its height and further extension of information law stopped for some time. In some cases we witness even the limitation of information rights. Nevertheless the right to information of corporations is still a very turbulent field of law with its unresolved constitutional conflict. Many kinds of informations still stay behind the curtain, out of a public surveillance. Thus the main premise of this thesis is a dominance of the right to information over other constitutional rights in cases of corporations owned solely by public authorities whether directly or through other public or private...
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