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Decision, Unlawful Interference and Failure to Act under the Code of Administrative Justice and Types of Administrative Actions
Peroutka, Jan ; Vedral, Josef (advisor) ; Adamec, Martin (referee)
Decision, Unlawful Interference and Failure to Act under the Code of Administrative Justice and Types of Administrative Actions SUMMARY This thesis deals with the concepts of decision, failure to act and unlawful interference by which administrative authorities may unlawfully interfere in subjective public rights; and with types of legal actions that may be used to resists these acts and/or delays by administrative authorities, as well as the relationships between those and the possible choice. According to lawmakers, the introduction of different types of actions was intended to ensure that nobody was deprived of the right of access to court. This undoubtedly increased individual procedural guarantees; however, there still might have been cases where a lawsuit was dismissed solely on procedural grounds - i.e., choosing the incorrect type of action, as courts applied the doctrine of strict inadmissibility. The Supreme Administrative Court has reacted to this and, together with the Constitutional Court of the Czech Republic, overcame this doctrine. The primary objective of this thesis is to analyse how the current case law regarding the choice of action type is applied, whether it actually leads to the intended goal in all cases and whether there might be room for an overall review of the administrative...
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Alternative Dispute Resolution and the Rights to Judicial Protection in the Czech Republic
Peroutka, Jan ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The aim of this master's thesis was to describe alternative dispute resolutions in the overall context of the right to judicial protection guaranteed by the judicial system. In the Czech Republic, there are several alternatives to legal proceedings; these are in particular: (1) arbitration, (2) mediation, and (3) conciliation by the Consumer Protection Act. The thesis then aimed to answer the question whether the existence of these different techniques of settling disputes extends the right to judicial protection of the parties - in a broader sense, whether there is an increase in application of their procedural rights - or vice versa. Arbitration represents an important part of this thesis. I first focus on procedural rights participants in arbitration are guaranteed. I conclude that participants can waive the right to judicial protection guaranteed by Art. 36 of the Charter of Fundamental Rights and Basic Freedoms only under strict conditions, i.e. the expression of will must be unequivocal, informed (conscious) consent, free (voluntary, i.e. without coercion), unconditional; and only to a limited extend. However, this waiver is not absolute and unlimited; certain minimum guarantees of procedural rights defined by practice of the European Court of Human Rights in Strasbourg are applied to ensure a...
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The possibilities of adaptation - Ladislav Fuks
Peroutka, Jan ; VAJCHR, Marek (advisor) ; MRAVCOVÁ, Marie (referee)
In our work we are dealing with analysis of the novel Pasáček z doliny and its film adaptation. We are trying to capture the way how this novel was transferred to the screen. We are finding out how much the filmmakers stuck to the novel and how much they used its opportunities. To this analysis we are using selected aspects of literary work and the method of comparation of film with original literary work. However we are trying to exceed the limits of film and literary science and also provide a preview from the perspective of a film creator, who examines the use or non-use of the potential of literary original. We are taking to the account also the context of the period, wherein Ladislav Fuks's novel was formed and František Vláčil's adaptation and also we are trying to understand these works in context of creation both authors.
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