|
|
Powers of municipalities
Mráčková, Jana ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
Resüme Titel: Die Zuständigkeit der Gemeinden Das Hauptziel dieser Diplomarbeit besteht darin, die Zuständigkeit der Gemeinden in der Tschechischen Republik zu beschreiben. Die heutige gesetzliche Regelung schließt sich seit 1990 wieder an die ehemals Ősterreichisch-Deutsche kommunale Tradition des gemischten Vollzugs der öffentlichen Verwaltung an. Nach einer nötigen kontextuellen Einführung (in der Form der Abgrenzung des Begriffes der "Zuständigkeit" und in der Form eines kurzen historischen Exkurses des Verlaufs der gesetzlichen Regelung bis zum Jahr 1990), folgt das Kapitel über den übertragenen Wirkungskreis der Gemeinden. Das Ziel dieses Kapitels ist die Verankerung dieser Zuständigkeit innerhalb der Rechtsordnung der Tschechischen Republik, ihre Prinzipien und ihre Funktionieren zu zeigen. Der eigene Schwerpunkt dieser Arbeit ist in den Kapiteln zu finden, die den eigenen Wirkungskreis der Gemeinden beschreiben. Erst beschäftigt sich die Arbeit mit der verfassungsrechtlichen Verankerung und mit dem Vergleich des Rechts auf die Selbstverwaltung in der Tschechischen und Deutschen Rechtsordnung. Danach ist die Konzeption und die eigene Regelung des eigenen Wirkungskreises der Gemeinden in der Tschechischen Republik und in der Bundesrepublik Niedersachsen beschrieben. Der Vorsatz der Beschreibung der...
|
|
|
The role of mayor in the bodies of a municipality
Kolářová, Jana ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
The main objective of this thesis is to provide information about the legal status and activities of a municipality mayor. The topic is related to the analysis of municipality organization and relations among its institutions according to the current legislation, as well as the evaluation of the position of a mayor in various situations that he may encounter during the performance of his duties. The thesis can be divided into several parts. One part consists of the first two chapters which describe the development of local governments and their current legislative framework. The next part consists of chapters Three to Five which deal with the specific functions of a mayor, his rights and obligations in various situations, the start and the end of his mandate, and the position of a deputy mayor. The last part is chapters Six and Seven which describe the legislative framework for local governments in Slovakia and the election process of a mayor there. The seventh chapter primarily deals with the problem concerning the changes in the way mayors are elected in the Czech Republic, from indirect election to a direct one. This diploma thesis is an attempt to summarize information related to the topic. It concerns various spheres of activities of a mayor, legislative framework of the function, which...
|
|
|
Selected limitations of the right to obtain information
Joklík, Jakub ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The right to obtain information is now an essential attribute of any democratic state serving as a tool for control of public authority. This right is not illimitable and alludes to a number of limitations. The aim of this paper is to take a closer look on some of these limitations. The paper consists of three chapters while its core is in the third chapter, which is divided into three subchapters. The topic of each subchapter is always different restriction on the right to obtain information. The first chapter deals with the very concept of the right to obtain information and mentions its historical ties to the freedom of speech. Ending of the first chapter is aboutlegal grounds of the right to obtain information in the Czech Republic. The second chapter is about general aspects of restrictions on the right to obtain information. Various constitutional and legal provisions on the possible restrictions on the right to obtain information are mentioned as well as some important decisions of the European Court of Human Rights in Strasbourg. The third chapter is divided into three subsections. Within each subsection, the paper focuses on the different limitation onthe right to obtain information. The aim of the first subchapter is to introduce the issue of providing information on the salaries of...
|
|
|
Problematic aspects of public tenders from the perspective of a municipality
Hájková, Petra ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
The problematic aspects of awarding of public procurement from the perspective of the municipality. The aim of this thesis is a presentation of certain problems associated with awarding of public procurement by public authority - the municipality. This thesis is divided into three parts. The first part provides a general introduction to the topic. This part defines the basic terms and principles associated with public procurement, attention is also focused on a definition of local government units. At the beginning of the second part a legal framework of public procurement and a brief view of the future legislativ is presented. The most important section of this part describes bodies of the municipality and their competences associated with awarding of public procurement. Thereafter it deals with mistakes and shortcomings which may arise during the tender process from the part of municipalities. In this part specific situations coming from the practical experience of municipalities are described and analysed, including a list of potential impacts on municipalities. Attention is also paid to current jurisdiction and decision making practices of the Office for Protection of Competition. The final part of this thesis summarizes the conclusions drawn in the previous chapters.
|
|
|
Position and activities of the Czech Bar Chamber
Beranová, Tereza ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
- Position and activities of the Czech Bar Chamber The topic of my thesis is "Position and activities of the Czech Bar Chamber". The purpose of the thesis is to analyze the role, importance and functioning of the professional chamber which associates over of 12 000 attorneys. I have chosen this particular topic as I think the available literature dealing with professional chambers, particularly the Czech Bar Association (hereinafter CBA) is not up-to- date and does not comprehensively cover the current status of this institution. In addition to the descriptive passages the thesis includes statistical data analysis, reflections on the current state of the CBA and its possible transformation. The thesis is composed of five chapters; the first chapter is a brief introduction to the issue of self-government. It covers what this term means, explains the dividing of self- government and focuses on describing the related terms. The second chapter provides an insight into the history of attorney self-government. Its formation and development is presented including the production of relevant legislation from the late 19th century through the period of the first Republic of Czechoslovakia, to the era of the destructive socialist regime until the post-revolutionary renaissance of freedom of advocacy. The key...
|
|
|
Legal protection of cultural heritage in the Czech Republic
Bauerová, Veronika ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
A few words of introduction (Abstract) In addition to analyzing the concepts of culture, cultural heritage, this thesis mainly deals with the issue of state monument care regulated by the act no. 20/1987 Coll., on State Monument Care, as amended, which is currently valid legislation providing protection cultural monuments and other objects. Since the cultural heritage not only cultural monuments and other objects protected by the act no. 20/1987 Coll., deal with the next part cultural objects, which are regulated by the act no. 71/1994 Coll., on Sale and Export of Cultural Value, as amended, marginally deals with the archival documents as stipulated in the act no. 499/2004 Coll., on Archives and Records Service and amending certain laws, as amended, and museum collections (the collections) which are subject to regulation by act no. 122/2000 Coll., on Protection of Museum Collections and amending certain other acts, as amended. I believe that this work makes sense, because a student or potentional readers may help to understand and summarize the issue of protection of cultural heritage, also may aid in interpretation of the act no. 20/1987 Coll. and also can serve in the future comparison with currently debated new act on the protection of the heritage fund, which is fully replace the applicable legislation.
|
|
|
Sanctions for administrative delicts and protective measures
Moravec, Ondřej ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This thesis deals with sanctions and protective measures. The thesis primarily discusses types of sanctions and protective measures that may be imposed for administrative delicts; it also addresses circumstances to be considered in imposing sanctions. The goal of this paper is to provide a comprehensive review of the current law of sanctions and protective measures concerning administrative delicts. Various legal and practical problems and inadequately solved questions surrounding the imposition of sanctions are emphasized. Parts of the thesis, especially its conclusion, address a reform of administrative punishment and future legislative measures regarding this important function of organs of public administration. Chapter I focuses on sanctions for violations. The introduction to this chapter is rather theoretical and is devoted to definitions of basic concepts of administrative penalization. This part further defines the terms of "sanction" and "administrative punishment". The conclusion of this chapter then analyzes the purpose of sanctions and includes their list and a summary of past legal enactments. The second part of Chapter I contains an analysis of types of sanctions governed by the current statute of administrative delicts as well as other statutes. This part describes a reprimand, fine,...
|
|
|
Sanctions and protective measures regarding administrative infractions
Geuss, Hana ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The aim of the thesis is to provide an overview of sanctions and measures of pro- tection which can be imposed as a result of administrative offences according to the Czech Act on Administrative Offences and attempt to answer some of the questi- ons regarding problematic issues of the Czech regulation. In view of the fact that the new Act on Responsibility for Administrative Offences, which is replacing the current Act on Administrative Offences on July 1, 2017, was approved during the time this thesis was being written, the thesis describes new elements in the field of sanctions for administrative offences which the new regulation brings. The thesis comes with a comparison with a foreign regulation, especially aiming to find out whether some elements of the foreign regulation could be used in the Czech regu- lation. The thesis consists of six chapters. In the first chapter, it deals with a general introduction to the problems of sanctions, explains a term of sanctions in adminis- trative punishments, their purpose and particularities of the sanctions in the field of administrative punishments. A part of the first chapter is also an overview of punishing administrative offences in the area of the Czech Republic in the past. The second chapter analyses each of the sanctions in detail and outlines...
|
|
|
Regulation of virtual operators in the Czech Republic
Winkelbauer, Erik ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The aim of this thesis is to provide an overview of the rights and obligations of mobile virtual network operators in the Czech Republic and the corresponding rights and obligations of mobile network operators. The first part of the paper looks at electronic communications in general. It begins with a description of the development of European Union electronic communications legislation, the currently valid Electronic Communications Act and its relation to the Code of Administrative Procedure. The paper then presents the legal regulation of administrative supervision, competition law, public consultation procedure, notification procedure and the procedural regulation of adopting a measure of general nature. The authority and the organization of the Czech Telecommunication Office (CTO) and a classification of the business models used by mobile virtual network operators is then detailed. The second part of the text addresses legal rules directly governing mobile virtual operators, commencing with the legal prerequisites for the provision of electronic communications services and a notification of intention to commence the provision of these services. A thorough exploration of the legal regulation of the access and interconnection and reference offers based upon this regulation is then included. The paper...
|
|
|
Keeping records of administrative delicts
Růžičková, Zuzana ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This master's degree thesis deals with keeping records of administrative delicts in the Czech Republic. It mainly focuses on the central register of offenses which is new, yet unknown institute. Its implementation was recently approved by Parliament. Even though the law is not yet effective, it has attracted considerable media interest since it aims to deal with minor offenses relapsing. The reason for my research is to examine these new possibilites. The purpose of my thesis is to summarize the existing situation in the field and to analyze various aspects of the new central register. The thesis is composed of seven chapters. The preface introduces the topic, the structure and the main goals of this thesis. The second chapter is theoretical. It briefly defines basic terminology and explains what is an administrative offence, in which categories it can be divided and what are its essential features. The third chapter examines which registers do we have, which information can we find there and what is their purpose. The fourth chapter concentrates on issues related to the central register. I compare the pros and cons and also give a thought about whether or not to punish minor offenses relapse by criminal law. The fifth chapter is devoted to the central register of offenses in the form it was approved by the...
|
guest ::
