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Public Views on the Possibility to Influence the Legislative Process - February 2020
Červenka, Jan
As a part of February survey there were some questions focused on possibilities of citizens to influence changes in laws. Respondents were evaluating effectiveness of some methods to achieve this goal like work in a political party, petitions, demonstrations, work in labour unions, litigation, activity in a social network, letters to media, letters to deputies, violent actions, work in a church, hunger-strike, work in a civic association, strike, and blockade.
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Does the Parliament Respect the Constitutional Court?
Staněk, Michal ; Syllová, Jindřiška (referee)
The key concern of the thesis is whether the Parliament has been respecting the Constitutional court. In order to answer this question, the theoretical part resolves the very existence of the Parliament's obligation to follow the Court and its decisions. The empirical part provides two points of view on the subject. First, the role of the Court and its decisions in parliamentary debates is being discussed. Second point analyses the reactions of the parliamentaries in response to Court's findings abolishing a law or its part during the VII. election period of the Chamber of Deputies.
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Mass Media and Their Role in the Mechanism of Legal Regulation
Dvořáková, Kateřina ; Agha, Petr (advisor) ; Havel, Tomáš (referee)
The aim of this thesis is to show how mass media can affect the legislative process. This is shown generally as well as specifically - using the legislative process in the Czech Republic as an example, which is illustrated by a specific case, in which media pressure resulted in the change of legislation. This thesis is divided into four chapters. The first two are theoretical, the third chapter presents a case study and the last chapter draws conclusions from the previous three. The first chapter shows law as an open system, which develops while communicating with the other subsystems of society. Sociological approach to law is presented, as well as selected concepts from sociology of law. Some crucial concepts from law theory are defined. The last part of the first chapter presents the legislative process in the Czech Republic, which is being defined in the broad meaning of this concept. The theme of the second chapter is mass media - first its definition, followed by presentation of selected concepts of relationship between mass media and society, with emphasis on agenda-setting and framing. The third chapter presents a case study of a successful campaign for change in legislation - mass media campaign associated with the premiere of the documentary film Smejdi in Czech cinemas. Role of the...
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Role of the European Council in the pre-legislative stage of the EU legislative process
Hendrych, Lukáš ; Knutelská, Viera (advisor) ; Landovský, Jakub (referee)
The aim of the master thesis "The role of the European Council in the pre-legislative phase of the European legislative process" is to analyse position and influence of the European Council before proposing an official legislative proposal by the European Commission in the EU's legislative process. This pre-legislative phase of a designing of a European legislation is important, though informal. The aim of this master thesis it to find out how strong is the European Council in an agenda setting when it comes to a European legislation and to what extent the Commission is inspired or follows the European Council's conclusions when proposing a legislation. According to many authors who this thesis referring to and their research that this thesis follows, an importance and influence of the European Council has been growing a lot, recently. In their view, it has been happening primarily during serious political or economic crisis. The Commission's position as the only official proposer of a European legislation weakens in that moments while influence of the EU summits grows. The question is if it is true and how much we can really argue that during European crisis the EU's executive power is so weakened that it does not - without ex ante "permission" and ex ante "consultation" with the summits - allow...
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Quality and Function of Explanatory Reports in the Czech Legislative Process
Hrubý, Dominik ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
According binding legislation, explanatory reports attached to legislatorybills is integral part of legislative process in the Czech republic for a long time, dramatically exceeding duration of autonomic Czech state. However, law sciences aren't interested in them a lot, equally to whole legislative process. Unfortunately, most of legislative actors do the same. At first, this thesis briefly discribes legislation related to explanatory reports. It considers both efficient legislation and valid legislation with efficiency planed from 1st January 2000, but also legislation in Legislative government guideline, which is binding only for legistatory bill submitted by government. Coming out from assumption, that writing explanatory report isn't the purpose by itself, the thesis define several functions, whitch explanatory reports should fulfill. Only in comparison with to these fuctions, we could say how explanatory report should like and eventually how it definitely souldn't. Base on these defined functions, the most common lacks of explanatory notes, which makes fullfiling the function more difficult or even impossible. These lacks is presented at real documents (bills) from legislative process - passed bills, rejected bills and also bill going through the various parts of legislative process right now...
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Legislative Quality Assurance Toolbox in the context of the Czech Republic
Říha, Michal ; Gerloch, Aleš (advisor) ; Antoš, Marek (referee)
Legislative Quality Assurance Toolbox in the context of the Czech Republic Michal Riha Abstract The aim of the rigorosum thesis is to describe and evaluate the tools used for the control of legislation quality ("legislative toolbox") at both the parliamentary and pre-parliamentary stage of the legislative process. The main focus is on the situation in the Czech Republic, although the tools used in other jurisdictions are introduced in order to encourage potential discussion regarding an expansion of the Czech legislative toolbox. The toolbox is shown on the background of the principles of proper law making - for example a sceptic lawmaker approach employed with the aim of securing a stable legal environment. This method helps us better understand the potential conflicts between certain legislative principles; one example can be a clash between the legislative needs and the quality control tool when, for example, a required legislative solution might be slowed down by repeated debates within the Legislative Council due to theoretical marginalities. This example indicates a conflict between the principle of sound legislation and the need for reasonable speed of the legislative process. The author also considers the influence of EU law, which is not usually taken into account, despite the European Union law...
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The Process of approval of laws in the Czech Republic
Jabůrek, Lukáš ; Švec, Kamil (advisor) ; Brunclík, Miloš (referee)
This research looks at the process of law approval in the Czech Republic in practice. This covers law proposal, appproval and implementation. The public views the process of approval and discussion in the Chamber of Deputies as protracted and inefficient resulting in postponing of some important laws. This research therefore aims to find which means the deputies especially the Members of Parliament, can use to influence the process of law approval and to what extent they actually use them. In relation to the main research question the theoretical part will focus on detailed analysis of the Constitution of the Czech Republic. In particular the part which explains the law approval process and competence of deputies The literature will also include the Rules of Procedure of the Chamber of Deputies. The analytical part will be dedicated to 3 specific examples of law approval (from the election period 2013-2017), its progress, amendatory proposals and voting in the Chamber of Deputies. It will possibly also mention reactions of the Senate and the President of the Czech Republic. In all 3 instances the research will try to answer the research question and summarise how the deputies use their competence in practice and how they influence the law approval process. Finally, practical suggestions which...
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Comparative analysis of Czech and French constitutional regulation of the legislative power and analysis of relevant legal terminology
KUTHANOVÁ, Kateřina
The thesis entitled Comparative analysis of Czech and French constitutional regulation of the legislative power and analysis of relevant legal terminology examines different constitutional regulation of the legislative power in the Czech Republic and the French Republic. The thesis is divided into a practical and a theoretical part. The theoretical part describes the regulation of the legislative power firstly in the Czech Republic and then in the French Republic. In the practical part, the author first performs a comparative analysis of Czech and French constitutional regulation of the legislative power, she evaluates the degree of its similarity and difference, then she deals with the analysis of chosen French legal terms and she creates a French-Czech glossary. A French résumé is enclosed with the thesis. The primary aim of this thesis is to confirm or disprove a hypothesis that the French Parliament has a weaker position in the current constitutional regulation than the Czech one. The secondary aim of this thesis is to analyse the relevant legal terminology.
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Lobbying as a tool for shaping European legislation: the case of a ban on animal testing of cosmetics
Krhlová, Martina ; Vymětal, Petr (advisor) ; Štěpánek, Petr (referee)
This diploma thesis looks at lobbying as one of the tools for shaping European legislation. Lobbyists are often perceived as carriers of valuable information that make it possible for decision-makers to get expert opinions and perspectives directly from the industry. Lobbyists can therefore make a significant contribution to policy making and to improving European legislation that meets the needs of stakeholders. The main objective of the thesis is to find out in what way and at what stages the interest groups participate and intervene in the EU decision-making process and identify the access points through which they can enter into the legislative process. For the sake of clarity, this research is applied to a particular case of lobbying in the field of animal testing of cosmetics, which has greatly influenced the legal regulation of the area.
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The role of obstructions in the Czech legislative system
Sedláček, Martin ; Brunclík, Miloš (advisor) ; Švec, Kamil (referee)
The main goal of this thesis is to describe the use of obstruction mechanisms in the Czech legislative system, where in the Chamber of Deputies of the Parliament of the Czech Republic, as key legislative institutions of the parliamentary system, has been making massive damages in the form of blocking the negotiation of draft laws for many years. The reasons that led to the Rules of Procedure of the Chamber of Deputies permitting the existence of this phenomenon are not quite obvious, but they are an integral part of the parliamentary culture of our country, which existence is mainly used by the legislative minority. Even though the Rules of Procedure have a clear wording, which allow the existence of obstructions, their use is often considered as unconstitutional, as their use often exceeds the affordable limit. The main objective of this theses is to introduce to the reader all the instruments that help to obstructions and subsequently to show their use in practice during the meetings of the Chamber of Deputies within the last three parliamentary term, including the period in progress.
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