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The Power to Moderate in the Czech Administrative Justice
Jílková, Nikola ; Staša, Josef (referee)
The subject of my qualification thesis is based on the institute of moderation right of courts, with its application areas including, apart from other branches of private law (such as civil justice) and public law (such as criminal justice), the area of administrative justice. The qualification thesis consists of eight parts. Part one defines general principles of the mentioned moderation right of courts, with a focus on the right of access to court in administrative justice, and on Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms as the theoretical basis of moderation right of courts. The first part continues with a consideration of the scope and limits of court powers when they review decisions on administrative penalties and the very essentials of the requirement for proportionality of administrative penalty. Part two begins with an analysis of the moderation notion and goes on to explain the purpose proper and the system of the moderation right of courts in administrative justice, with a consideration on how this purpose is seen by administrative courts themselves. Part three describes the individual legislatively defined conditions under which the moderation right may be applied by administrative courts, including a critical analysis of these conditions....
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Authorisation and notification procedure, European element in national administrative procedure
Kolibová, Natália ; Pítrová, Lenka (advisor) ; Staša, Josef (referee)
Authorisation and notification of conformity assessment bodies to the European Commission, European element in national administrative procedure Abstract The main topic of a submitted rigorous thesis is a sphere of state testing, authorisation and notification of conformity assessment bodies to the European Commission and other member states. Thesis is divided into eight main chapters, which are composed of subchapters. The first part contains a brief definition of the State Testing as a part of an administrative law, but also emphasizes the impact of European Law. A brief explanation of administrative law history and harmonization takes place in a second chapter of a thesis. Although all processes within State Testing are carried out within European administrative area, this topic has a dedicated subchapter, part of which is a description of a main principles and sources of a European administrative law. Third chapter, as one of the main chapters, focuses on a New Legislative Framework. Separated subchapters deal with legislative acts of a European Parliament and Council, which create a basic framework for this matter from perspective of European Law. However, attention is also paid to legally non-binding documents having the character of soft law, which complete whole concept of a New Legislative...
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Planning permission procedure: process, decision and means of defence
Adamusová, Zuzana ; Kopecký, Martin (advisor) ; Frumarová, Kateřina (referee) ; Staša, Josef (referee)
Planning permission procedure: process, decision and means of defence Abstract The topic of the thesis is the planning permission procedure, which is regulated in Act No. 183/2006 Coll., on town and country planning and building code (Building Act) and its goal is to issue one of the types of planning permission. Planning permission procedure follows town and country planning and at the same time other administrative procedures follow planning permission procedure. In many cases successful planning permission procedure is an indispensable and key precondition of the realization of applicant's intention. The thesis deals with the procedure itself, specifically elements of application for planning permission, commence procedure, types of delivery of written instruments, defining of participants of procedure, applying the principle of concentration, conditions and content of binding assessments for issuance of the decision, objections and remarks. Also the thesis focuses on planning permission itself (its elements and content), types of planning permissions, time-limit for issuing of the decision and methods how application should be considered. The thesis deals with issues which are related with supervising and remedial measures. In particular review of binding assessments for issuance of the decision,...
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Public Roads and Their Use
Mlích, Petr ; Staša, Josef (advisor) ; Vedral, Josef (referee)
Public Roads and Their Use Abstract The thesis contains a historical view on the legal regulation of public roads and deals with interpretation and analysis of the legal regulation of basic issues related to public roads and their public use provided in Act No. 13/1997 Sb., on Public Roads, as amended. The thesis also analyses the current legislation in terms of its coherence. In matters where the legislation is found to be insufficient, the thesis also contains proposals de lege ferenda. First chapter of the thesis contains a historical view on the public roads and their legal regulation and second chapter defines road law, its structure and sources, the concept of public road and significance of this concept. Third chapter deals with private law issues related to public roads - the issue of road construction as a thing in the legal sense (application of the superficies solo cedit principle in the current legislation), ownership of roads and the definition of their components and accessories. Fourth chapter of the thesis analyses the current division of roads into categories and classes. It deals mainly with the concept of so-called special-purpose roads, which are regulated by the current legislation only minimally. This chapter also presents issues related to forest and field roads and the relevant...
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Decision, interference and inactivity of an administrative body in the Code of Administrative Justice and the choice of the type of action
Homolová, Petra ; Vedral, Josef (advisor) ; Staša, Josef (referee)
Decision, interference and inactivity of an administrative body in the Code of Administrative Justice and the choice of the type of action Abstract This thesis is focused on the concepts of decision, interference and inactivity which determine the material scope of the corresponding actions: action against decision (§ 65 of the Code of Administrative Justice), action against unlawful interference (§ 82 of the Code of Administrative Justice) and action due to inactivity (§ 79 of the Code of Administrative Justice). In this context, the overlaps between such actions arise as a result of problematic interpretation of these concepts: while decision often cannot be distinguished from interference, the type of inactivity and the subsequent choice of action depends on the nature of an act that is not performed. The thesis consists of five parts gradually acquainting with the problematic aspects of the structure of such actions. The introductory part is devoted to the historical context which focuses on a short period in the development of the regulations of administrative justice - between the years 1992 and 2002, i. e. the period immediately preceding the entry into force of the Code of Administrative Justice. The second part of this work is focused on the action against decision considering the concept of...
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Objections in planning permission proceedings and building permit proceedings
Mourek, Karel ; Staša, Josef (advisor) ; Svoboda, Petr (referee)
Objections in planning permission proceeding and building permit proceeding Abstract The thesis focuses on objections as a key institute by which participants can defend their rights in the planning permission proceedings and building permit proceedings - the objections. The aim of the thesis is to map this institute both in terms of its procedural use and in terms of the facts that the participants in the proceedings apply in these objections. The author of the thesis does so due to the fact that no professional literature deals directly with this topic. The thesis is divided into several parts. The first part briefly describes the basic principles and mechanisms of planning permission proceeding and building permit proceeding, which are key for a proper understanding of the meaning of objections. The second part briefly describes the history of objections in the legislation from the second half of the nineteenth century to the present and the third part explains the concept of objections from the perspective of administrative law and construction law. The main content of the thesis is then in the fourth and fifth part. In these parts, the institute of objections is described first in the planning permission proceedings and then in the building permit proceedings. It describes in detail who is entitled to...
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Legal regulation of weapons and ammunition in the Czech Republic and implementation of EU regulations
Mach, Jan ; Staša, Josef (advisor) ; Prášková, Helena (referee)
in English The introduction of this thesis explains the basic concepts of the legislative regulation of weapons and ammunition in the Czech Republic and their use in specific cases. This part also briefly presents the legal history of selected institutes of weapons legislation in the Czech Republic with EU law, in particular conditions and possession of weapons, business in the field of weapons and categorization of weapons. The next part analyzes Act No. 288/1995 Coll. again focusing on selected institutes important in the context of the implementation of EU law. The following are comparisons of Council Directive 91/477 / EEC in its original version with Act No. 119/2002 Coll. in the original wording and Council Directive 91/477 / EEC as amended by Directive 2008/51 / EC of the European Parliament and of the Council with Act No. 119/2002 Coll. as amended by Act No. 222/2017 Coll., with an overlap into certain legal regulations. The thesis also describes and analyzes the reasons for the adoption of Directive (EU) 2017/853 of the European Parliament and of the Council, the process of its adoption and the Czech Republic's lawsuit for its invalidity and describes the subsequent proceedings in front of the EU Court of Justice. Due to the lawsuit rejection, Czech Republic was forced to adopt an...
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Investigative powers of the competition authorities
Krempl, Adam ; Staša, Josef (referee)
The dissertation thesis is concerned with the investigative powers of the competition authorities, namely the European Commission and the Czech Office for the Protection of Competition. Essential investigative powers of competition authorities include requests for information, on-site inspections of business premises and other premises and sector inquiries. The competition authorities may use investigative powers in order to find evidence proving the violation of competition rules. One of the main aims of this thesis is to thoroughly analyze the current EU and Czech legislation concerning investigative powers of the competition authorities, including the relevant case law of EU and Czech courts. The main goal of the thesis is to define basic principles associated with investigative powers. These principles determine not only the direction of the legislation but also guide the steps of the competition authorities in specific cases. Most of these principles, which are superior to legal regulation, stems from the fundamental rights of investigated entities. The important part of this thesis will be a detailed analysis of the possibilities of defense of the investigated entities against misuse of investigative powers by the competition authorities. This thesis consists of eight chapters. Chapter One is...
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--The legal nature of the curriculum documents of the Czech Republic's educational system
Švec, Jaroslav ; Staša, Josef (advisor) ; Rajchl, Jiří (referee)
The legal nature of the curriculum documents of the Czech Republic's educational system ABSTRACT This thesis treats the selected set of curriculum documents within the Czech legal framework laid down by the Act No. 561/2004 Collection of Law, on Pre-school, Basic, Secondary, Tertiary Professional and Other Education (the Education Act), as amended. The focus aims towards the Framework Educational Programmes (FEP) and School Educational Programmes (SEP), for which the relevant FEPs were issued. The National Educational Programme according to the Education Act as amended effective until 30. September 2020 is also taken into consideration on a theoretical level. In the times of expecting considerable state-level curriculum documents contents changes, and consequent changes on the school level, this thesis aims to analyse substantial legal aspects of each type of curriculum documents and their mutual effects and to assess, whether the current legal framework reflects their presumed use and meaning appropriately. With that goal, the key notions are defined first though and a brief insight into the curriculum historical development is provided. The thesis identifies an insufficiency within the valid legislation as the legal forms the curriculum documents should take are not laid down and consequently examines...
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General and special public use of roads
Hradec, Vít ; Staša, Josef (advisor) ; Handrlica, Jakub (referee)
General and special public use of roads Abstract Subject matter of this thesis is general and special public use, whose object are roads. Institutes relating to public use of roads, such as charging for general use, restriction of general use and possible means of use, are analysed in this thesis. Focus is also put on the newest changes in this field and recent case law. The text also includes author's considerations de lege ferenda. The text itself, excluding introduction and conclusion, is divided into three chapters. In the first chapter institute of public use is analysed, especially its object and subject. Public use is also split into general and special. The second chapter offers general interpretation relative to roads, which are the object of public use. This interpretation deals with categorisation and defining aspects of each category of roads. Increased attention is paid to local roads in relation to their previous legislation, and also to private roads in public use due to the circumstances of their origin. The main part is included in the third chapter, which deals directly with general and special use of roads, as is legislated in Law no. 13/1997 Coll., on Land Communications (Road Act) and other legal regulations regulating limits of such use. This chapter is divided to subchapters on...
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