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The problems of the effectivity of the administrative proceedings on offences detected by the control weighing of the vehicles
Rendl, Tomáš ; Kopecký, Martin (advisor) ; Pomahač, Richard (referee)
The problems of the effectivity of the administrative proceedings on offences detected by the control weighing of the vehicles Abstract The topic of the thesis is the identification and analysis of problematic areas of checkweighing of road vehicles, which are regulated in particular by Act No. 13/1997 Coll., on Roads, as amended, and the presentation of proposals for their elimination. In order to identify problematic areas, communication with the administrative authorities responsible for the checkweighing process in the Czech Republic and an analysis of previous and current legislation, expert and commentary literature were used. The introduction of the thesis describes the concept of dividing the checkweighing of road vehicles into low-speed and high-speed weighing categories, as implemented by the legislator in the Road Act. The first category is the so-called "low speed" weighing, where the road vehicle is weighed at zero or virtually zero speed while the driver of the vehicle being checked is diverted from his direction of travel during the check. The second method is the so-called 'high-speed' weighing, where the vehicle is weighed during the journey by the weighing devices built into the road body and is thus not diverted from its current direction of travel. The most problematic areas of the legal...
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Material-formal conception of the decision of the administrative body
Boušková, Kateřina ; Vedral, Josef (advisor) ; Pomahač, Richard (referee)
Material-formal conception of the decision of the administrative body Abstract This thesis deals on the one hand with the definition of the decision of the administrative body and on the other hand with the subsequent analysis of the concept of the decision of the administrative body in material and formal concept. These concepts are developed primarily in the case law of the Supreme Administrative Court, from which this work draws primarily. The aim of the thesis was therefore to create a summary of knowledge concerning both concepts of the decision of the administrative body, taking into account each of them separately and both as a whole. These two concepts cannot be solved without each other. The reason why this topic is worth of interest, in the author's opinion, is the continuing ambiguity in the perception of decisions of the administrative body by the courts in the administrative judiciary. It is no less important to draw attention to the fact that this issue is closely related to the choice of the lawsuit type, to which a separate section is also devoted in this thesis. The aim of the thesis was mainly to work out the definition of the material and formal concept of the decision, to work out the current view of this concept and to try to work out a vision for the future, including a reflection of...
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Public Administration and eGovernment
Vogel, Richard ; Pomahač, Richard (advisor) ; Rajchl, Jiří (referee)
Public Administration and eGovernment Abstract This diploma thesis Public Administration and EGovernment brings a unique perspective on the existing and new legal regulation of eGovernment. The essence of the thesis is a legal analysis of the newly adopted Digital Service Rights Act. The concept of the Act, which has been determined by specific circumstances of its creation, as well as the content of the Act, and the newly regulated digital rights, are critically analyzed. Some of these digital rights are only generalizations of existing rules regulated by various eGovernment acts, while other digital rights are wholly new and address previously unaddressed digitalization issues. The focus of this paper is on key digital rights such as the right to use digital services, the right to perform digital acts, and the right to share stored data. A crucial part of the new Act is dependent on legal institutes regulated by existing eGovernment laws. Concerning these legal institutes, the thesis offers a reflection of existing legal regulation and answers to some persistent legal questions concerning, for example, logging into public administration portals, the automatic setting up of data boxes for certain ordinary citizens, or qualified and non- qualified forms of electronic submission. Using international indexes...
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Legislative process in public administration
Sedláčková, Pavlína ; Pomahač, Richard (advisor) ; Pítrová, Lenka (referee)
Legislative process in public administration Abstract This diploma thesis addresses the legislative process in public administration. The aim was to approach the procedure for the adoption of legislation by the government and to describe the legislative activity of the authors of this legislation, which are the already mentioned ministries and other administrative authorities. The activities of territorial self-governing units and their procedure for adopting generally binding decrees and regulations of the municipality/region were also described in passing. The thesis reflects the important case law of the Constitutional Court specifying both the requirements for issuing by-laws based on individual types of authorization provided by the Constitution of the Czech Republic and in terms of the binding nature of the Government Legislative Rules in the form of government resolutions. The thesis deals with the issue of mandatory requirements of the legislative acts, without which they should not be discussed by the government, as well as the position and role of the Legislative Council, which is only an advisory body to the government irreplaceable. The issue of law-making has proved to be neither the electronic collection of laws and international treaties (eSbirka), where the paper Collection of Laws, nor the...
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Right to Local Self-Government
Brož, Jan ; Pomahač, Richard (referee)
The dissertation thesis analyzes the right to local self-government as a right of utmost importance to democracy and rule of law. The thesis aims to delineate the right to self-government, including its European and constitutional dimensions, determine its content, and answer controversial questions surrounding it. The author firstly puts the right to local self-government in the historical context for the historical development since the 2nd half of 19th century has been determining for its current state. The author then focuses on the definition of the right to local self-government, its content, and its holders. To understand its contemporary interpretation, the author also analyzes its European and constitutional dimension in detail, bearing in mind that the European dimension is often overlooked by scholars. The result of the thesis is a complex and detailed definition of the right to local self-government with its content flowing from the European and constitutional dimensions.
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The regulation of asylum within the EU and its impact upon the regulation of asylum in the legal order of the CR
Špinarová, Kateřina ; Pomahač, Richard (advisor) ; Pítrová, Lenka (referee)
Resumé The Regulation of Asylum in the European Union and its Influence on the Regulation of Asylum in the Legal Sysem of the Czech Republic I decided to write this dissertation because I am interested in the issue of asylum. I acquired practical experience in this field during a year of practice in the Organization for Aid to Refugees and during an internship of several months in the Prague branch of UNICEF. The goal I set for my dissertation is to map and summarize asylum policy in the European Union and in which manner the asylum policy of the EU has influenced the asylum policy of the Czech Republic and the extent of this influence. From its beginnings to today, the Czech Republic has gone a long way in the field of asylum. Today, asylum law in the Czech Republic is regulated in a rather complex manner; however, one might pose the question of how effectively this has been done, whether this law is examined from the point of view of state organs or from the point of view of the applicants for asylum themselves. Asylum law is a branch of law which evolves and changes very quickly and very often, as it must reflect changes in international imigration, and not only political imigration - an essential criterion for granting asylum, but also economic imigration. The latter is not a reason for granting asylum;...
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Legal aspects of the international trade of arms
Kejzlar, Pavel ; Pomahač, Richard (referee) ; Mikule, Leoš (referee)
The aim of my rigorous thesis is to describe issue of regulation of the international trade of arms focused on the Czech legal regulation. Rigorous thesis is focused on the basic information in the field of the legal and illegal arm trafficking. First part (chapter 1, 2, 3) concerns the security risks of trade of arms, maps the development of the arm trafficking, the present state of this area and structure of the arm trafficking. The second part (chapter 4, 5, 6) describes the legal framework of the international trade of arms. It is focused on the international legal regulations including regimes of control, communitary law and country legislation. There is given the analysis of the particular field concerning the arm trafficking and at the end there is always given a part of the administrative punishment. The end of the second part does not miss the comparison of the legal regulation within the neighbouring countries. Next part (chapter 7) refers about the topic by criminally legal protection. Generally there are described facts given by Penal Code with referenc to its amend. Conclusions are drawn in the last part (chapter 8). There is summarized the findings about problems with regulation of the international trade of arms and their possible solutions.
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The requirement of independence of administrative bodies in Community law
Handrlica, Jakub ; Pomahač, Richard (advisor) ; Tomášek, Michal (referee) ; Chvátalová, Iva (referee)
259 7. Závěry 1. Mluvíme-li se o "nezávislosti" správních orgánů, můžeme pod tímto pojmem chápat nezávislost ve smyslu funkčním, nezávislost ve smyslu politickém, anebo kombinaci uvedených významů. Stěžejní pro posouzení toho, v jakém významu - a jestli vůbec - je možno mluvit o nezávislém postavení dotčeného správního orgánu, je relevantní právní úprava (včetně ústavněprávních postulátů ohledně organizace výstavby státní správy). 2. Požadavek nezávislosti správního orgánu ve smyslu jeho neutrality, nestrannosti a nepodjatosti je jedním ze základních principů výkonu veřejné správy. Orgány moci veřejné prosazují veřejné, nikoliv soukromé zájmy. Požadavek nezávislosti ve smyslu její nestrannosti a nepodjatosti tedy není specifikem vybraných odvětví, nýbrž může být přiřazen k základním principům dobré správy. V kontextu předkládané studie je tento požadavek označován jako nezávislost funkční. Funkční nezávislost správního orgánu má za cíl zabezpečit všem participujícím subjektům rovné postavení ve vztahu k moci veřejné. Nezávislost ve smyslu funkčním má specifické konotace v těch případech, kdy požadavek nestrannosti implikuje nutnost předcházet možným konfliktům širšího spektra zájmů. Jedná se typicky o nové administrativní agendy, které vyžadují specifickou míru separace od mocenského centra, tj. status...
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