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Current Issues of Legal Regulation of Audiovisual Media Services
Prokopová, Gabriela ; Handrlica, Jakub (advisor) ; Pouperová, Olga (referee) ; Adamec, Martin (referee)
Current Issues of Legal Regulation of Audiovisual Media Services Abstract The dissertation thesis deals with the issue of legal regulation of audiovisual media services in the Czech Republic, with regard to challenges topically facing the legal regulation that concurrently should be addressed, as well as with regard to effects that such legal regulation itself has on audiovisual media services. The topic is looked at from an administrative law perspective. Following a historical-legal excursus and an excursus about means of receiving television broadcasts and other technological aspects, the dissertation thesis primarily addresses the current regulation. It contains a definition of the concept of audiovisual media services, including distinction between television broadcasting (linear services) and audiovisual media services on demand (non-linear services) and comparison thereof with video-sharing platform services. The thesis deals with administrative authorisation to provide audiovisual media services (with emphasis on concession principle), with the Czech television and the broadcast system in the Czech Republic, with financing of audiovisual media services, with obligations on audiovisual media services providers and with responsibility for the content of audiovisual media services. The author...
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Tailor-made laws in public law
Sharp, Vladimír ; Handrlica, Jakub (advisor) ; Pomahač, Richard (referee) ; Pouperová, Olga (referee)
Tailor-made laws in public law Resumé This thesis deals with the issue of so-called individualised legislation, i.e. laws with an individually determined addressee, a specific subject, or laws lacking any other element of generality or abstraction. Such legislative acts, collectively referred to as tailor-made laws, represent a hybrid between a law par excellence and an individual (administrative) act, thus creating a practical and doctrinal problem both in terms of the separation of powers, and in terms of interference with rights of individuals affected by such laws. When the form of a law is conferred on an individual act, the rights and obligations of explicitly named persons or a specific matter are decided outside the standard procedural regime, which means, among other things, that the persons in question may be deprived of procedural rights, including the right to due process and judicial protection, and such persons effectively find themselves at the mercy of the Constitutional court. Moreover, the vision of a shift to a purely formal conception of legislation raises the question of whether legislation is to be regarded as a universal instrument for the expression of political will, and thus whether the form of law can be freely used to achieve any ends. In this thesis, the author analyses the...
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Promoting protection of cultural values in protection of woody plants
Dienstbier, Filip ; Pouperová, Olga ; Vícha, Ondřej
A diagnostic feature of objects of garden and landscape architecture, that are recognised as cultural monuments, are growing elements, of them indisputably the most important category are the elements of woody vegetation - trees and shrubs. These, however, are besides the cultural preservations subject to nature and landscape protection, as they have biological and aesthetic values, as well as ecological values. For this reason they are subject inter alia to protection provided by nature protection bodies according to the Act on nature and landscape protection. Interests on protection of woody plants from the prospective of cultural preservation on one hand and the prospective of nature and landscape protection on the other, may depending on the specific circumstances supplement each other or may be indifferent, but they may also differ and collide with each other. These methods are a new instrument for effective promotion of interests on cultural preservation in decision-making on the protection of woody plants outside forests. The methods provide with a comprehensive set of recommendations, both substantive and procedural, how bodies of cultural protection and owners of cultural monuments or other entities concerned should proceed when dealing with trees growing outside forests. The recommendations are defined for basic model situations.
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Promoting protection of cultural values in spatial planning process – spatial plan
Dienstbier, Filip ; Pouperová, Olga ; Vícha, Ondřej
Spatial planning instruments are key instruments in the protection and promotion of both, public and private interests when using the land. Their importance stems from their complexity, the hierarchical structure of spatial planning documentation and binding effect of the documentation for consequential spatial-decision-making procedures. Neither the protection of cultural monuments and protected zones, as encompassed in the Act on State Cultural Preservation, is not possible without consistent enforcement of heritage values in the spatial planning process. It is not only the role of bodies of spatial planning, but especially the role of bodies of cultural preservation in the position of bodies concerned and the specialized authority of cultural preservation – the National Heritage Institute. These certified methods provide with clear support and advice how effectively and successfully promote interests associated with cultural preservation. The methods are focused on the process of making the spatial plan, as it is the most frequent spatial planning document and various bodies of cultural preservation on lower levels of are involved in this phase.
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