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Intelligence services and control of their activities in the Czech Republic
Daněk, Michal ; Kudrna, Jan (advisor) ; Grinc, Jan (referee)
Intelligence services and control of their activities in the Czech Republic Abstract The main focus of this thesis is the control of intelligence services in the Czech Republic. The first two chapters define the basic terminology and theory of intelligence services. The third chapter deals briefly with the historical context and development of intelligence services in the Czech Republic. In the fourth chapter, the thesis describes the powers and activities of intelligence services. And the most extensive fifth chapter, which follows, is focused on the control of activities of intelligence services of the Czech Republic. The control of intelligence services is, in general, difficult to implement, it often requires compromises due to the specifics of properties of intelligence services and because of the existence of several conflicts of interests of the involved parties. Probably the most significant conflict of interest is between transparency, information rights and protection of fundamental rights and freedom of individuals on the one hand and providing of the highest possible level of professionality and efficiency of intelligence services, on the other hand. It can be stated that in the past there used to be, and there still remains, some space for improvement in the area of control over the activities...
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Methods of control over states of emergency in the Czech Republic
Mainclová, Eliška ; Kudrna, Jan (advisor) ; Syllová, Jindřiška (referee)
What are the ways of controlling extraordinary legal states in the legal system of the Czech Republic? Is parliamentary control of states of emergency sufficient and effective? Are states of emergency in the Czech legal order reviewable at the judicial level? What is the meaning and purpose of control over states of emergency? These are the questions that the author of the diploma thesis addresses using the example of a coronavirus pandemic in 2020 and 2021 as a case study. She assumes that states of emergency can be controlled and argues why and to what extent she considers it necessary in the conditions of a democratic state governed by the rule of law, to which the Czech Republic subscribes. In the first part of the thesis, the author defines the concept of a state of emergency as it is understood in theory and presents the individual states of emergency de lege lata. In the second part, the author presents a systematics of possible means of control, including parliamentary and political control, judicial review, and international supervision; she concludes the overview of legal means of control with an important addition of informal control by experts, the media, and society. At the same time, she presents research questions or hypotheses and addresses what is the aim and purpose of control of...
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Conscription in the legal system of the Czech Republic
Bejbl, Daniel ; Kudrna, Jan (advisor) ; Grinc, Jan (referee)
Conscription in the legal system of the Czech Republic The main goal of this thesis is to provide a comprehensive take on a conscription legislation in the Czech legal system. With this in mind the beginning of the thesis includes a definition of conscription as well as the differences between conscripted army and a professional army since both these systems currently are or have been present in Czech armed forces. To better understand the different types of conscription used throughout the history, the thesis also contains a chapter encompassing a basic development of Czech (Czechoslovak) foreign policy and defence strategy since the birth of an independent Czechoslovakia up to this day, focusing its impact on the concrete type of conscription used in the particular period. Then, a comprehensive third chapter about a historical development of different types of providing defence to the area of the contemporary Czech Republic is included. Each subchapter is dedicated to a certain historical period since the early system of princely retinues during the 10th century up till the 21st century and a fully professional army. The main part of the thesis consists of chapters four to seven which describes individual aspects of current conscription legislation such as organization of Czech armed forces,...
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Constitutional Regulation of the State of Exception in a Rechtsstaat
Kollert, Lukáš ; Kudrna, Jan (referee)
Název diplomové práce, abstrakt a klíčová slova v anglickém jazyce Title Constitutional Regulation of the State of Exception in a Rechtsstaat Abstract This treatise focuses on extraordinary reactive legal instruments designed for crises resolution, which include in particular the state of exception and also the right to resistance. The latter differs from the former in that it cannot be invoked by public authorities under a Rechtsstaat, but only by citizens who are subject to their authority. The aim of this treatise is to thoroughly examine the concepts of the state of exception and the right to resistance and their relation and to answer the question of whether the corresponding institutions should be regulated in positive law or otherwise recognized under a Rechtsstaat. In the chapter on the state of exception, I inquire into the concepts of crisis and state of exception, present various typologies of this institution, outline controversies, confusions and problems associated with it, present possible responses of public authorities to exceptional harmful situations and assess their advantages and drawbacks. Following the conclusion that the state of exception ought to be regulated in positive law, I ask the question of how it should be codified and propose a two-level regulation, which combines...
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Right to be Forgotten - Right to Privacy in the Internet Age
Váňa, Jan ; Kudrna, Jan (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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The issue of so-called hate speech in the context of freedom of speech
Chvátalová, Daniela ; Kudrna, Jan (referee)
The issue of so called hate speech in the context of freedom of speech Abstract This thesis titled The issue of so-called hate speech in the context of freedom of speech deals with the legal regulation of hate speech at the international and national level. The thesis contains a comprehensive analysis of legal instruments regulating hate speech in civil, anti-discrimination, administrative and criminal law. This thesis combines the theoretical basis of hate speech regulation with practical knowledge about the applicability of individual legal norms and is supplemented by relevant case law of the Czech courts and the European Court of Human Rights. The aim of this work is to describe the phenomenon of hate speech, provide an analysis of legal instruments regulating hate speech and also to analyse legal arguments for hate speech regulation. The thesis attempts to find the boundary between protected speech and speech that is unprotected by the international and constitutional framework of freedom of speech protection, by means of an analysis of individual court decisions. The thesis also contains a critical reflection of the current legal framework of hate speech regulation and suggests possible variants of legislative changes in the future. The thesis is structured into five chapters. The first part...
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Military justice in selected NATO member states
Stypa, Ondřej ; Kudrna, Jan (referee)
The diploma thesis explores military justice in selected NATO member states. First, it defines the concept of military justice and presents models of military justice. It than analyzes systems of military justice in three selected NATO member states, which are the United Kingdom of Great Britain and Northern Ireland, the United States of America and the Republic of Poland. It focuses on the scope of jurisdiction of military courts, the entities subject to military courts, the composition of military courts, the process of appointment and dismissal of judges and lay members of military courts and the design of the system of military courts. Subsequently, it compares the military justice systems of selected states and examines in which areas similarities and differences can be found. It then uses the results of this comparison, together with an analysis of relevant case law of the European Court of Human Rights, to determine how the European Court of Human Rights has influenced the military justice of selected European NATO member states compared to the USA.
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Right to be Forgotten - Right to Privacy in the Internet Age
Váňa, Jan ; Kudrna, Jan (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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The scope of the powers and staus of the SAO
Votápková, Michaela ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
Theses focuses on the status and powers of the Supreme Audit Office of the Czech Republic. The topics of the audits, done by SAO, have been described primarily in the framework of topics, describing audits done by state authorities. Scope of audits done by the Office one of them. Submitted work deals just with auditing competencies of the SAO and describes it from the theoretical point of view. Substantial space is dedicated to the case law, especially of the Constitutional court. Such case law has been important for defining of organizations, subjected to audit activities SAO. The aim of the thesis is to investigate the status of the Supreme Audit Office as independent authority sui generis, his powers and scope of his activities. The text is divided into individual chapters, with expanded analysis. The goal is to provide readers with detailed information on mentioned topics. Introductory chapters deal with history of audit organizations, preceding constitution of SAO. Further chapters are dedicated to constitutional anchorage of the SAO, its relations to other constitutional authorities and to attributes of the Office's independence. Attention is paid to the actual exercise of auditing powers of the SAO and its comparison with audit activities of other state authorities. Special part describes in...
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