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Regulation of virtual operators in the Czech Republic
Winkelbauer, Erik ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The aim of this thesis is to provide an overview of the rights and obligations of mobile virtual network operators in the Czech Republic and the corresponding rights and obligations of mobile network operators. The first part of the paper looks at electronic communications in general. It begins with a description of the development of European Union electronic communications legislation, the currently valid Electronic Communications Act and its relation to the Code of Administrative Procedure. The paper then presents the legal regulation of administrative supervision, competition law, public consultation procedure, notification procedure and the procedural regulation of adopting a measure of general nature. The authority and the organization of the Czech Telecommunication Office (CTO) and a classification of the business models used by mobile virtual network operators is then detailed. The second part of the text addresses legal rules directly governing mobile virtual operators, commencing with the legal prerequisites for the provision of electronic communications services and a notification of intention to commence the provision of these services. A thorough exploration of the legal regulation of the access and interconnection and reference offers based upon this regulation is then included. The paper...
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Publication of salaries in administration
Kračmar, Jiří ; Korbel, František (advisor) ; Handrlica, Jakub (referee)
Disclosure of salaries of public authority employee - abstract This thesis is concerned with the issues of legal interpretation of key provision of Act No. 106/1999 Coll. on free access to information relating to disclosure of salaries of public authority employee. The thesis introduction is focused on the constitutional aspects of the right to information and the right to privacy. It is also focused on the collision of these two fundamental rights. The following chapter examines the disclosure of salaries of public authority employee regulation and discovers and expounds the intended meaning of this regulation by the principles and rules of standard methods of interpretation, especially lingual interpretation, systematical interpretation, historical interpretation and teleological interpretation. This chapter provides the lingual meaning of key provision of Act No. 106/1999 Coll. on free access to information, presents brief look at relationship between the disclosure of salaries of public authority employee regulation and other norms and legal acts of the European Union and finally finds the content, sense and purpose of the regulation from both subjective (historical) and objective (teleological) point of view. This chapter also deals with case law analysis. The focal discussion point of this thesis is...
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The right to information
Strava, Ondřej ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The text deals with the question of defining what exactly right to information is. As the public debate concerning different institutes of the right to information and transparency goes on intensively and extensively in the Czech republic as well as worldwide, it has become the aim of the author to search for the roots of the right, of both its restrictive and extensive scope and its guiding principles. Such a research should be useful for the interpretation and the aplication of the relevant law and serve as a guide for the proper understanding of the rights' social and legal importance. The first part of the text after the introduction describes the term of the right to information, it's evolution in history, philosophical, political and legal basis and contemporary meaning. The following chapter concerns itself with the material sources of the right, i. e. the reason and meaning of the existence of the right. It explains the rights' commonly recognized width and depth and its liberal and conservative tendencies reaching from the current events into the even more informational based future. The conflict of the right with the other interests of modern society is covered and the different formal sources of the right are listed demonstratively. The third chapter examines the universally acknowledged...
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e-Government
Vyškovský, Pavel ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The aim of this work is to study the theoretical definition of e-Government in the Czech Republic and its subsequent comparison with the actual functioning in practice. The purpose was not only to describe the theoretical concepts and approaches to e-Government, but to show the real problems that are associated with the development of e-Government, and which are not, in my opinion, described in any scientific literature. In the first part, the general definition and different views on eGovernment was described. Also its development in the Czech Republic was briefly mentioned, together with its current legislative and institutional background. The second part describes the actual individual elements of e-Government. The third part of the work was based on the knowledge that I gained during my work at the court and Ministry of Justice. It was motivated by an effort to describe the actual practice and the consequences of the introduction of e-Government. The aim was to describe how are the basic, legislatively modified, parts of eGovernment used in the judiciary, and what has the judiciary made, or is making, beyond the legal obligations, and also to describe interdependence of the various elements of e-Government. The fourth part contains mainly a notice that it can not be simplified that...
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Abstract acts of public administration in the Czech Republic
Batfalský, Lukáš ; Millerová, Ivana (advisor) ; Korbel, František (referee)
The topic of this master's thesis is the legislation of local self-governing units from the moment of its creation to its possible repeal by the constitutional Court. The thesis is divided into eight chapters which are divided into subchapters and further. The first chapter describes basic concepts which are mentioned in this thesis and are related to the topic. This is e.g. explanation of the concept of an abstract act and examples of what abstract acts exist in our country, the definition and division of public administration, explanation of what self-govern is and how it is divided, what are generally binding ordinances and regulations and what is the difference between the two. More basic concepts which are important for the comprehension of this master's thesis are explained. The following two chapters talk about the process of creation of generally binding ordinances of Municipalities and Regions and their regulations too. There are described requirements and structures generally binding ordinances and regulations of Municipalities and Regions, their receiving authority, who can the legislation suppose, its approval, force and effect. The fourth chapter focuses on the effectiveness of generally binding ordinances. It shows what areas municipalities and regions can issue generally binding...
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Data retention -depositing operational and localizing data
Jirovský, Lukáš ; Korbel, František (advisor) ; Millerová, Ivana (referee)
DP - Lukáš Jirovský, Data retention, 2015 Abstract Data retention - storing of traffic and location metadata The topic of this thesis is data retention - traffic and location metadata storing (and providing to state) by telecommunication providers according to Czech and European law (including rulings of constitutional courts). It also describes compliance or conflict with the users right to privacy and also possibilities to provide this data to users. There is also technical description of the data with their meaning and statistics of crimes detection according to validity of this law.
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The right to information
Stárek, Jan ; Korbel, František (advisor) ; Millerová, Ivana (referee)
Introductory passage of the thesis deals with the general terms, which are then examined in more detail. The thesis provides the reader with some insight into this issue. Next it goes on to talk about the legislative regulation and discusses issues namely from the international level through to the constitutional and the legal. With all the basic contour outlines and the historical development of the right to information. Firstly from its conception in the Czech Republic and the final specification of the general law. Some interesting facts in connection with the legislative process are also outlined here. In the second part of the thesis, the author focuses on the legislative development of the Freedom of information act. This development is described chronologically from the earliest changes of the information act to the latest. This chapter is in large part devoted to significant amendments to the act. In contrast less significant changes to the act that have a rather legislatively technical character, and are devoted to a marginal part of this chapter. The whole of this part of the thesis also mingles jurisprudence of administrative courts and the Constitutional court, which over time contributed greatly to clarify the interpretation of the information act in the Czech Republic, and helped...
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Obligatory publication of information
Michálek, Jakub ; Korbel, František (advisor) ; Handrlica, Jakub (referee)
Duty to Publish Information (Abstract) I chose as my topic the obligation to publish official records, its legal grounds and connections with other areas. The analysis includes practical aspects and takes into account rapid changes in technology and the much slower development of ad- ministrative law institutes. In this frame I wanted to develop a procedural plan to make the public authority fulfill its duty to publish information, using legal means. I chose as my topic the duty to publish records, since I believe it to be the easist, most economical and effective way to make public records available to the citizens. This is currently a hot political topic, since new legislatation is being prepared in this area both in the Czech Republic and in the European Union, which is a response to the rapid technological progress. Nevertheless, the jurisprudence has devoted much less attention to the obligation to publish information than to disclosing the records upon a request to an individual. The thesis is divided to introduction, theoretical part, practical part and conclusion. The theoretical part deals with both the general regulation and with selected spe- cial cases of disclosure in domestic, EU and international regulation. I analyze and structure the legal regulation of mandatory publishing of records under...
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Obstructions connected to the right to information
Tuláček, Michal ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The master thesis's topic are obstructions connected with the execution of the right to information, both by obligated entities as well as by information requestors. The right to information is a political right anchored in the Charter of Fundamental Rights and Freedoms and also in the international contracts stipulating human rights. Its definition is relatively wide, but not unlimited, because next to it from constitutional order flow other rights, freedoms or legitimate national interests, with which the right to information can be in conflict. In particular, it is concerning the law on protecting privacy or the national interest for protecting secret information, whose disclosure could endanger the national safety. The right to information can collide with other rights, freedoms or interests, therefore can be rightfully restricted and it is possible not to provide the requested information. However, such a restriction has to be anchored in the law and must be proportional and essential to the protection of rights and freedom of others, national safety, public safety, protection of public health and morals.in a democratic society. In reality, the right to information is restricted also for reasons unforeseen by the law. The right to information is nonetheless incorrectly executed even in cases of some...
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Right to information
Šmucr, Bohumil ; Mates, Pavel (advisor) ; Korbel, František (referee)
Práce pojednává o problematice práva na informace ? poměrně moderním a velmi zajímavém právním odvětví. Zabývá se teoretickými základy a vývojem práva na informace, a to jak v obecné, tak v konkrétní rovině ? s aplikací na problematiku v ČR. Dále se podrobněji zabývá vlastní právní úpravou (zákon č. 106/1999 Sb. o svobodném přístupu k informacím) a její procesní aplikací. Práce má za cíl stručně charakterizovat genezi dané tematiky v rovině národní i mezinárodní, přinést informace o právních úpravách v zahraničí a v rámci porovnání případně vznést doporučení pro právní úpravu v ČR. V závěru jsou uvedeny statistiky čerpající z výročních zpráv povinných subjektů, které slouží pro ilustraci jakým způsobem a v jakém množství jsou v ČR vyřizovány žádosti o informace.
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