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Theoretical bases for the limitation of fundamental rights and freedoms in the Czech Republic
Madej, Martin ; Ondřejek, Pavel (advisor) ; Wintr, Jan (referee)
Theoretical bases for the limitation
of fundamental rights and freedoms in the Czech Republic
In the Czech Republic, the conception of fundamental rights and the conditions for their limitations are the result of a specific interpretation of the Charter of Fundamental Rights and Freedoms by the Constitutional Court, which in turn reflects its own views on constitutional theory. Despite being presented almost dogmatically, the confrontation with foreign literature suggests that the so-called external theory of the Constitutional Court finds strong opponent in the so-called internal theory. Internal theory sheds doubts on such hallmarks of the Court's doctrine like the wide conception of fundamental rights, the principle of proportionality or the very existence of conflicts of constitutional values. In this thesis, it is argued that although the internal theory cannot substitute for the external theory at the moment, it represents an opportunity for the Constitutional Court to reassess its current position in order for it to better depict the aims of the constitution-maker, to respect the policies of the legislator and - above all - to take fundamental rights seriously. In particular, it is claimed that the optimal model of the limitation of fundamental rights dully distinguishes between definition and...
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Land ownership right restrictions resulting from public law in the Czech Republic
Hoch, Jiří ; Drobník, Jaroslav (advisor) ; Průchová, Ivana (referee) ; Žákovská, Karolina (referee)
In the Czech Republic, the same way as it is in other democratic countries, the ownership right is recognized to be one of the fundamental human rights, and it is protected by legislation of a supreme legal force. Along with modern society development and for this reason it becomes more and more restricted. It is a long time ago, when the unlimited legal domain like theory of ownership rights in rem was forsaken. The restrictions are more numerous and intensive in case of land being subject to ownership rights. This results from many differences between land and other subjects of ownership. Limited and definitive land area, the fact that land is not relocatable as well as soil, being one of environmental elements, represent the most important ones. In one line with increasing amount of people on Earth and their increasing requirements on its usage, the land must fill constantly increasing needs for the welfare of increasing amount of people at the same time. The necessity of protection of environmental aspect of land and soil respectively, is still growing. For all those reasons, the restrictions and regulations on land ownership rights are to be put in place. When justified by public interest, the restrictions arise from public law legislation. Key words: land ownership, restriction, public interest
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The common policy for the protection of the environment in the light of the internal market of the European Union
Scheu, Lenka ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Smolek, Martin (referee)
English abstract Protecting the environment is currently one of the complex issues of law and policy. Necessary response to adverse changes in the environment lays down binding rules on environmental protection in international law, EU law and national law. The EU internal market is secured by four fundamental market freedoms - the free movement of goods, persons, services and capital. The relationship with the environment is reflected in the quality and characteristics of the products, and the conditions under which these products are marketed in different Member States. Environmental protection is strongly linked with service area, which concerns matters such as the operation of landfills. The EU's objectives in the areas of internal market and environmental protection very often collide. Then it is necessary to find a balanced approach between the protection of environmental objectives and ensuring the economic principles of the European Union.
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Personal assistant and assistant at primary school
Galambová, Monika ; Zelinková, Olga (advisor) ; Nová, Monika (referee)
Bakalářská práce se zabývá integrací žáků se speciálními potřebami a přizpůsobením školní výuky. Zdůrazňuji profesi asistenta pedagoga, která by bez integrace těchto žáků do běžných škol nikdy nevznikla a profesi osobního asistenta, kteří také působí na základní škole, ale nejsou však pedagogickým personálem. Práce poukazuje na klady a zápory, které přináší profese pomáhajícího. Jaké nebezpečí mohou zaměstnance postihnout, jaké jsou práva a povinnosti asistenta pedagoga a zároveň jasně vyjadřuje rozdíly mezi osobním asistentem a asistentem pedagoga. Do jakého rezortu patří, jak jsou finančně ohodnoceny, jaká kvalifikace musí být pro danou profesi. K danému tématu není dostatek literatury a studií. Práce proto vychází z různých zdrojů a názorů pracovníků. Profese asistent pedagoga se dále rozvíjí a zdokonaluje se ruku v ruce se speciální pedagogikou a začleňováním dětí se speciálními potřebami do běžné společnosti. Powered by TCPDF (www.tcpdf.org)
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Restrictions of the land ownership (causes and legal forms)
Kratochvíl, Jan ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
In the context of efficiency the new legislation particularly of the private law and also within the changes regarding public law this thesis attempts to substantiate and specify various forms of restrictions of land ownership. It also deals with the specification of causes that lead to these restrictions and emphasize the nature of ownership. Emphasis is besides explaining of necessary legal concepts devoted also to the analyse new legal principles, institutes and provisions as well as their impact on the regulatory environment. According to the factual division the thesis analyzes and explains by the existing and new legislation selected restrictions of land ownership within the private and public law. Evidence of these various restrictions and even the potential harm compensations also have their importance, and are therefore also in the thesis included.
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Lexical negation in French adjectives - semantic and morphological constraints
Orel, Jan ; Štichauer, Jaroslav (advisor) ; Nádvorníková, Olga (referee)
This thesis focuses on the issues of lexical negation in French adjectives as well as on other parts of speech - nouns and adverbs. Its objective is the description of functioning of the lexical negation and the examination of restriction, which it is accompanied by. Based on these findings, the practical part (i.e. personal research) will try to define the tendencies of the use of lexical negation in the near future. Last but not least, this thesis also describes the use of general negation or out of standard French language - in argot or in spoken language.
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Restrictions of exercise of proprietary rights in protective zone
Bayerová, Michala ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
Restriction of the exercise of the property rights in the protective zones The topic of the Master's degree thesis is focused on the issue of the protective zones especially in terms of restrictions of the exercise of the property rights. The work is primary based on the somewhat disparate legal regulation contained in a number of specific regulations. Besides the applicable law, the work examines the legal literature, periodicals, as well as the case law of the Czech courts. The main contribution of this work is to provide a comprehensive comparison of the two constitutionally guaranteed rights: property right and the right to a favourable environment, and the provision of a list of specific prohibitions and commands arising from the existence of protective zones. The work is divided into three chapters, while the topic of the work proceeds from general to particular and from the regulation of protective zones contained in the legislation of the highest legal force, followed by specific regulation and implementing regulation. Chapter one focuses on constitutional, private law and theoretical background of protection of property rights and the right to a favourable environment. Conclusion of the chapter deals with the solutions of the collision of these constitutionally guaranteed rights. This...
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