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The Principle of Subsidiarity of the Administrative Procedure Code
Jemelka, Luboš ; Mikule, Leoš (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
Jemelka, L. The Principle of Subsidiarity of the Administrative Procedure Code, dissertation. Prague: Charles University in Prague, Law Faculty, 2012 In this dissertation I address the principle of subsidiarity of the Administrative Procedure Code, in particular I address the issue of current, previous and future application of the general rules of administrative proceedings in certain administrative proceedings and other procedures of the administrative bodies. This topic, which is close to my profession, is seen from the practical as well as from the theoretical point of view. The Czech administrative proceedings are analysed in both aspects de lege lata and de lege ferenda. In introduction of this dissertation I describe basic terms relevant for definition of the mutual relation between legal acts. I emphasize mainly the possible meaning of the term subsidiarity and particularly its meaning expressed by the rule lex specialis derogat legi generali. I also address other terms such as reference, analogy ect. Assessment of the application and subsidiarity of the Administrative Procedure Code is not limited to the current legal framework, but covers also applicability of the principle of subsudiarity of the Administrative Procedure Code in the past. It is necessary discuss the previous legal...
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Municipal self-government in the Czech Republic: theoretical and historical basics
Malast, Jan ; Kopecký, Martin (advisor) ; Sládeček, Vladimír (referee) ; Průcha, Petr (referee)
The dissertation deals with the municipal self-government specifically focusing on its theoretical and historical background. The aim of this work was to elaborate the municipal self-government, not only to transcript or write a comment on the legal regulation, but also to inspect the assigned problem by the optics of legal theory, legal history and political science perspectives. This dissertation should provide a comprehensive perspective on the issue of municipal self-government, not only in its current legal regulation, but also identifying its theoretical backgrounds and historical roots. This paper primarily defines a set of institutions that can be summarized as fundamental theoretical aspects of public self-government (emphasizing the specifics of local or municipal self-government). In the context of the origin and development of modern public administration the work examines the main causes which led to the incorporation of elements of self-government into the modern administration. These reasons proceed not only from its historical and social roots of communal co-existence of human society, but are significantly based on political ideals forming the vertical division of public authorities within the natural effort of inhabitants in discharging from the traditionally centralized state...
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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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Legal concepts of administrative law restricting the right to property
Balounová, Jana ; Kopecký, Martin (advisor) ; Staša, Josef (referee) ; Průcha, Petr (referee)
Legal concepts of administrative law restricting the right to property Within the legal order a lot of legal concepts can be found which restrict fundamental constitutionally guaranteed right to property, respectively which can restrict it. The dissertation focuses on analysis of selected legal concepts which are regulated by administrative law and through which is interfered with the right to property. In the Czech Republic the right to property is guaranteed by the Charter of Fundamental Rights and Freedoms and at European level by the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. The thesis is divided into three main chapters which are further divided into individual sub-chapters. The first chapter deals with the characteristic, definition and categorization of particular legal concepts restricting the right to property. The second chapter focuses on the right to property itself, especially on constitutional basis, limits and its protection. In the relation to the topic of the dissertation it is also important to define how these legal concepts are enshrined in the legal order and which form of administrative activities they result in. The third chapter describes the particular forms of administrative activities in relation to the right to property. The...
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Privilege against self-incrimination of legal entity in administrative proceedings
Švásta, Pavel ; Prášková, Helena (advisor) ; Průcha, Petr (referee) ; Staša, Josef (referee)
This thesis deals with the topic of privilege against self-incrimination of legal entity in administrative proceedings and in offence proceedings. The following reasons led me to the choice of this topic. First of all, it is a multidisciplinary topic involving criminal law, criminal administrative law, constitutional law, and private law, especially the regulation of legal entities. Furthermore, with the exemption of decision-making praxis of courts, and a few academic essays, attention hasn't been paid to this topic in its complexity. For this reason, this topic has offered novelty and the possibility of observing the progressive development of judicature, especially the decision-making praxis of the Supreme Court of the Czech Republic, the Supreme Administrative Court of the Czech Republic as well as the Constitutional Court of the Czech Republic and the European Court of Human Rights. The first part deals with the historical origins of privilege against self-incrimination and development of the criminal proceedings over the centuries. Special attention is paid to the fact, that privilege against self-incrimination was originally part of criminal proceedings until the 12th century, when this privilege was removed from the canon law and replaced with the inquisitional process which was linked with the...
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Abstract The public administration itself is bound by applicable legal provisions. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strict legal procedure with corresponding legal mechanisms, which aim to remedy the status caused by unlawful action or inaction of the public administration. The object of this dissertation focuses, in particular, on analysis of individual means of protection of rights in public administration (i.e. the issue of the protection of public subjective rights) and their mutual relationships between them at level of legal regulation de lege lata. However, certain space had to be dedicated also to the procedures of public administration in matters related to private subjective rights as even the public administration decides on certain matters of private law. As regards the protection of private rights by public administration I mentioned the dualism of the review of decisions of public bodies and certain examples of public administration deciding on matters of private subjective rights. Further I stressed the issue of civil liability related to the conduct of public administration, i.e. liability for damages caused by unlawful decision and unlawful procedure. Pursuant to the act on liability for...
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Administrative Punishment of Corporates
Hejtmánek, Ladislav ; Prášková, Helena (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
- English This paper is focused on new legal institute, starting to grow and practised relatively very late, during the period of the socialist regime. Such institute is new, but nowadays has grown to substantial dimensions which is connected not only with the practical point of view, but also with the development of the society and economics. Very similar development can be observed also in other law cultures; the administrative penalty has everywhere the rising intensity, also in Anglo-American law, both in law in books, as well as in law in action. Our law order has the traditional classification of such institute to Administrative Law, not Criminal Law. Such classification has its advantages, but also disadvantages - as advantage it is very easy to apply the law in books, relatively free procedural law, effectiveness and speed of the punishment. As disadvantage it is the absence of guaranty of fundamental righst of defendant (offender), unsufficient observation of the facts of liability, a quantity of specific law rules organized by every ministry, and moreover very poor catalogue of administrative punishment. With the respect of such deficiency of this part of Administrative Punishment this paper is prepared with the traditional point of view of the Criminal Law concentrated on the particular...
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Municipal self-government in the Czech Republic: theoretical and historical basics
Malast, Jan ; Kopecký, Martin (advisor) ; Sládeček, Vladimír (referee) ; Průcha, Petr (referee)
The dissertation deals with the municipal self-government specifically focusing on its theoretical and historical background. The aim of this work was to elaborate the municipal self-government, not only to transcript or write a comment on the legal regulation, but also to inspect the assigned problem by the optics of legal theory, legal history and political science perspectives. This dissertation should provide a comprehensive perspective on the issue of municipal self-government, not only in its current legal regulation, but also identifying its theoretical backgrounds and historical roots. This paper primarily defines a set of institutions that can be summarized as fundamental theoretical aspects of public self-government (emphasizing the specifics of local or municipal self-government). In the context of the origin and development of modern public administration the work examines the main causes which led to the incorporation of elements of self-government into the modern administration. These reasons proceed not only from its historical and social roots of communal co-existence of human society, but are significantly based on political ideals forming the vertical division of public authorities within the natural effort of inhabitants in discharging from the traditionally centralized state...
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Summary The public administration itself is bound by applicable laws rules. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strictly legal procedure with corresponding legal mechanisms, which aim to remedy of status cause by unlawfull action or inaction of the public administration. Moreover, if conditions laid down by European Convention on the Protection of Human Rights and Fundamental Freedoms are met, an individual has a right to apply to the European Court of Human Rights (Strasbourg) for a revision of a challenged act of public administration, which is considered to be as a final and conclusive from the point of view of national law. The object of this Thesis focuses, in particular, on analysis of individual means of protection of rights in public administration and their mutual relationships between them at level of legal regulation de lege ferenda. Also, it cannot be disregarded the assessment of effect of courts' decisions or doctrine, including stating own knowledge based on the practice particularly in the area of administrative law. The Thesis focuses on the issue of the protection of individual public rights. As a consequence, legal means designed to provide protection of law in objective sense (that is...
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The Principle of Subsidiarity of the Administrative Procedure Code
Jemelka, Luboš ; Mikule, Leoš (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
Jemelka, L. The Principle of Subsidiarity of the Administrative Procedure Code, dissertation. Prague: Charles University in Prague, Law Faculty, 2012 In this dissertation I address the principle of subsidiarity of the Administrative Procedure Code, in particular I address the issue of current, previous and future application of the general rules of administrative proceedings in certain administrative proceedings and other procedures of the administrative bodies. This topic, which is close to my profession, is seen from the practical as well as from the theoretical point of view. The Czech administrative proceedings are analysed in both aspects de lege lata and de lege ferenda. In introduction of this dissertation I describe basic terms relevant for definition of the mutual relation between legal acts. I emphasize mainly the possible meaning of the term subsidiarity and particularly its meaning expressed by the rule lex specialis derogat legi generali. I also address other terms such as reference, analogy ect. Assessment of the application and subsidiarity of the Administrative Procedure Code is not limited to the current legal framework, but covers also applicability of the principle of subsudiarity of the Administrative Procedure Code in the past. It is necessary discuss the previous legal...
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