National Repository of Grey Literature 171 records found  beginprevious72 - 81nextend  jump to record: Search took 0.00 seconds. 
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...
--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...
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...
Protection of immovable cultural monuments
Kurka, Štěpán ; Staša, Josef (advisor) ; Svoboda, Petr (referee)
Protection of immovable cultural monuments Abstract There have been preserved many cultural monuments in the Czech Republic to the present day, and this thesis named "Protection of immovable cultural monuments" deals with their legal protection. The aim of this thesis is to describe and evaluate current legislation on this topic, and afterwards point out problematic areas and legislative gaps. The thesis works mainly with Act on State Monument Care, its commentary literature and case law related to it. The thesis is composed of an introduction, five parts and a conclusion. The first part of the thesis introduces the topic by describing historical development of monument care. It begins from the oldest medieval period and continues over Habsburg Empire after 1848 until the 1950s when a first law on monument care was enacted in the Czech territory. The folowing part focuses on sources of law. A new Act on State Monument Care, which has been being prepared for a long period of time, was briefly mentioned here too. The third part explains organizational structure of state monument care in the Czech Republic. The next part is about protected objects and territories. It explains legal terms such as a cultural monument, a national cultural monument, a monument reservation and a monument zone, and it also includes...
The decision of the administrative authority as described in the Administrative Procedure Code and in the Judicial Administrative Code
Zlesáková, Kateřina ; Vedral, Josef (advisor) ; Staša, Josef (referee)
82 The decision of the administrative authority as described in the Administrative Procedure Code and in the Judicial Administrative Code Abstract This diploma thesis concerns the difference in the definition of the decision of the administrative authority in the Administrative Procedure Code and in the Judicial Administrative Code. Its aim is, on the one hand, to describe the features of the concept of the decision of administrative authority according to the Administrative Procedure Code and according to the Judicial Administrative Code. on the other hand to define these concepts from a practical point of view and provide insight into the case law definition of these institutes. The aim is to provide a certain orientation in the issue and point out the pitfalls that may arise in the conflict of theoretical and practical definition. The diploma thesis is focused on the summary of the theoretical concept of the decision of the administrative authority and on the positive legal definition of this institute, on the other hand on the definition of the decision of the administrative body taking into account selected case law. At the end of the chapters dealing with selected case law, the author tries to synthesize the knowledge gained during the study of selected case law and thus to define the features of the...
Territorial proceedings (de lege lata, de lege ferenda)
Rendl, Tomáš ; Kopecký, Martin (advisor) ; Staša, Josef (referee)
Territorial proceedings (de lege lata, de lege ferenda) Abstract The topic of this thesis is an analysis of problematic areas of procedural regulation in territorial proceedings according to the Building Act No. 183/2006 Coll., and the submission of proposals for their streamlining. The introduction refers to the regulation of spatial planning in the area where Czech Republic is currently located, including the introduction of spatial planning in foregoing Legislation of spatial planning. Subsequently, spatial planning tools and spatial planning bodies are introduced. The third chapter discusses in detail the process of territorial management. The issue of participation of participants in territorial proceedings is discussed in detail. Furthermore, the issue regarding the methods of service of documents via data-boxes and the so-called hybrid mail post, and the possibilities of reviewing the issued binding opinions is analyzed. In the end of the third chapter, the simplified forms of territorial proceedings, which are contained in the Building Act, are thoroughly introduced. In the final chapter, due to the author's opinion, the problematic areas of territorial proceedings were analyzed in detail, including proposals for their correction. Within the framework of this chapter, the author proposes the...
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...
Freedom of information and public tenders
Baček, Richard ; Staša, Josef (advisor) ; Rajchl, Jiří (referee)
1 Free Access to Information and Public Procurement, Abstract and Keywords Abstract The aim of this thesis is to analyse free access to information of public administration in relation to public contracts, especially in regards with the issue of trade secrets protection in contracts concluded as result of public procurement versus the right to information from public authorities. The thesis focuses on several key aspects of this relationship, the interpretation of which is currently problematic. The thesis examines whether freedom of information legislation applies to all types of contracting authorities, procurements and procurement procedures; whether mandatory disclosures also relate to information on public procurement of the authorities concerned; and whether there may be information provided on request in public procurement. It also focuses on manifestations of restrictions of the right to information in public procurements and manifestations of the right to information in protection of trade secret contained in contracts concluded in public tenders. The thesis defines basic terms of the surveyed area, i.e. the terms "information", "free access", "contracting authority" and "public procurement". It also discusses the freedom of access to information in the context of public administration, reporting...
Some disfranchisement and limitation of property rights of immovable things in Czech administrative law
Schweiner, Petr ; Staša, Josef (advisor) ; Rajchl, Jiří (referee)
Some disfranchisement and limitation of property rights of immovable things in Czech administrative law Summary nThis work deal with some disfranchisement and limitation of property rights of immovable things in Czech administrative law. The work have three main points of interest. First point is discribtion substantive conditions disfranchisement and limitation of property rights. I analyze difference between limitation property according to Art. 11 para. 3 and Art. 11 para. 4 of the Charter of Fundamental Rights and Freedoms. It was made "algoritmus intenzity" "the algorithm of intensity" for this diferenciace. There is discribtion substantive conditions of disfranchisement and limitation of property rights according to Art. 11 para. 4: "in public interest under the rule of law and with compensation.", according to Art. 11 para. 3: "under the rule of law, proportionality, general interest" and loock for difference of disfranchisement and limitation of property rights in international documents for example the European Convention for the Protection of Human Rights and Fundamental Freedoms from 1950. Specially the First Protocol to the European Convention, signed in Paris in 1952, includes the right to the peaceful enjoyment of possesion in the Article 1 which are Very important for Czech regulation For...
Coordinated decisions in public administration
Petrmichl, Václav ; Pomahač, Richard (advisor) ; Staša, Josef (referee) ; Průcha, Petr (referee)
Coordinated decisions in public administration Abstract This dissertation thesis "Coordinated decisions in public administration" deals with a specific category of coordinated administrative acts as a result of the manifestation of will of more deciding authorities in public administration. A concept of coordinated decisions with subsumed binding opinions is one of the possible solutions to the issue of complex decision- making processes in the Czech legal order and extending over the competence of several administrative authorities. The aim of the dissertation is to answer the question whether the legislative solution of coordination of individual decision-making activities in the form of binding opinions, at the general procedural level in Czech administrative law adopted in the act no. 500/2004 Coll., general administrative code with effect from 1st January 2006, a sustainable and eligible concept that stands as a basis for coordinating administrative decisions now and in the future. The thesis first introduces the concept of subsumption in a broader context and from a historical perspective (1st part), the basis of the thesis is the analysis of definitive features of binding opinions in recent legislation (2nd part), all the features are subjected to detailed analysis, the principles and mechanisms of...

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