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Procedure for Granting International Protection in the Form of Asylum in the Czech Republic
Marková, Vendula ; Pítrová, Lenka (advisor) ; Petrmichl, Václav (referee)
Procedure for Granting International Protection in the Form of Asylum in the Czech Republic Abstract The content of this work is mainly the course of the asylum procedure from the submission of application for international protection to possible appeals, but also the definition of fundamental concepts, the historical development of the asylum institution, international, EU and national sources related to this procedure. In the introduction of this work I introduced and explained the different concepts without which it would be difficult to understand the asylum issue. In addition to outlining the historical development in this area, I have also taken the liberty of mentioning several major migration waves. Another important part of this thesis are the individual legal sources of this issue. The key documents of international regulation are described. Within the framework of Community law, the thesis lists the essential directives and regulations with a view to the necessary Europeanisation and subsequent incorporation into our legal system. The present work focuses on Europeanisation and the related influence of the CJEU case law on the interpretation of legal norms in the individual Member States of the European Union. It aims primarily to analyze and understand the various stages of the asylum procedure....
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Public law aspects of the construction and operation of water works
Brabec, Václav ; Petrmichl, Václav (advisor) ; Svoboda, Petr (referee)
Public law aspects of the construction and operation of water works Abstract The subject of this thesis is to describe the administrative law relations that arise in the construction and operation of waterworks, as one of the types of construction that public construction law recognizes. The thesis focuses on the legal regulation of the construction and operation of major waterworks, such as hydroelectric power stations or dams. An important feature of this work is an attempt to bring closer the general institutes of administrative law, which the regulation of water law contains and de lege ferenda considerations in this specific area of public law. In the first part of this thesis, water law is defined as a branch of law with an overlap into private and public law and the relevant sources for the construction and operation of water works are defined, while the following chapter characterizes the relationship of Act No. 254/2001 Coll., on Water and on Amendments to Certain Acts (Water Act) with other regulations of the general part of administrative law. Furthermore, the first part describes the method of exercising public administration in the field of water management and defines the central topic of the thesis, i.e. water works. The second part of the thesis deals with water planning, which precedes the...
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Special powers of the building offices
Pražák, Matouš ; Petrmichl, Václav (advisor) ; Staša, Josef (referee)
Special powers of the building offices Abstract This diploma thesis deals with the special powers of the building offices. These can be understood as defined legal instruments with which are building offices equipped in order to protect public priority. The main goal of the thesis is to provide complex legal analysis and evaluation of the legal regulation of special powers of the building offices. The text of the thesis outlines general conception, characteristics and principles common to all of the special powers of the building offices, but also provides more detailed analysis of particular instruments that represent them. The author primarily relies on the legal regulation of Act No. 183/2006 Coll., on town and country planning and building code (Building Act), however the comparison with its "successor", meaning Act No. 283/2021 Coll., Building Act, is not left out either. The thesis is divided into eight parts. The first part provides definitions of relevant concepts, subjects, authorities and institutes, the knowledge of which is necessary for a deeper understanding of the topic. The second part sets the issue into a broader context and presents features common to all the special powers that the building offices have. The content of this section therefore mainly concerns the basic characteristics of...
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Administrative discretion and indefinite concepts of law
Petrmichl, Václav ; Vedral, Josef (advisor) ; Rajchl, Jiří (referee)
Cizojazyčné resumé My diploma thesis deals with the issue of the administrative consideration and indeterminate legal terms. In first chapter are mentioned theoretical fundamentals of administrative consideration and analysis of application principles. There are also described main conceptual features - provision of law as a legal basis, freedom in decision making proces and possibility to choose an optimal solution of the issue, conclusion, that discreation is not an inherent attribute of decission making proces within public administration, limits of dicretion, which can be deduced from provision of law (concretised limits) and basic principles of public law (general limits) and finally legal requirements for reasoning for the decision, based on administrative consideration. Second chapter describes indeterminate legal terms. At first text clarifies process of interpretation and subsumption facts under such terms, explains reasons and consequences of using this terms in law regulations. Chapter three deals with very common phenomenon - coexistention of administrative consideration and indefinite legal terms in one legal provision. Author analyses relations between them and then reccomend, with respect to judicial conclusions, how to carry out the process of aplication properly. In chapter four author...
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Misdemeanour proceedings as a special type of administrative proceedings
Tauš, Jakub ; Vedral, Josef (advisor) ; Petrmichl, Václav (referee)
Misdemeanour proceedings as a special type of administrative proceedings Abstract The diploma thesis aims to describe and analyze the infringement procedure in the first instance as a whole and to point out its specifics and peculiarities. It tries to describe the mutual functioning of two basic regulations for misdemeanour proceedings, namely The Act On Liability for Delicts No 250/2016 Sb., and Act No 500/2004 Sb., Rules of Administrative Procedure. The specifics of the proceedings on the offense result from its criminal nature, when the administrative body decides on the guilt and administrative punishment for the committed offense, thus bringing it closer to the classic criminal proceedings. Criminal proceedings within the meaning of Article 6 of the European Convention on Human Rights must also be seen in criminal proceedings. In general, there is a tendency in misdemeanour proceedings to move it closer to the level of criminal proceedings. The first part of the thesis deals with the general concept of administrative proceedings, the scope of the Administrative Procedure Code and the subsidiary relationship of the Administrative Procedure Code and other regulations. The second part defines terms such as administrative criminal law, administrative punishment or misdemeanour law and describes basic...
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Participants in misdemeanor proceedings and their rights in application practice
Šimon, Josef ; Prášková, Helena (advisor) ; Petrmichl, Václav (referee)
Participants in misdemeanor proceedings and their rights in application practice Abstract Misdemeanor proceedings are an administrative procedure of public authorities (administrative bodies). Through which, part of the criminal policy of states is implemented. Its main task is to hold the perpetrator liable for their wrongdoing and to protect society from less serious acts - misdemeanors. In essence, it is similar to criminal proceedings, whose objective differs only in that it protects society from more serious acts. It follows from this definition, that the misdemeanor proceedings should not differ significantly from the procedural guarantees observed in criminal proceedings. Procedural guarantees of criminal proceedings are provided through the rights of accused persons. The subject of this paper is the analysis of procedural rights, especially of those accused of a misdemeanor, but also other participants in the proceedings on the misdemeanor. Emphasis is placed on the content of these rights and the possibility of exercising them towards administrative authorities. To this end, the thesis examines the decision-making practice of supreme courts (European Court of Human Rights, Constitutional Court, Supreme Administrative Court), as well as administrative bodies in the field of administrative criminal...
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Separate powers of communities and regions and supervision over them
Káňa, Jakub ; Vedral, Josef (advisor) ; Petrmichl, Václav (referee)
Separate power of communities and regions and supervision Abstract The diploma tries to find the basis of territorial self-government, criteria differentiating territorial self-government and the state and state administration, identify the content of self-government, fulfilment of separate power, supervision and control of separate power, obligation to fulfil of self-government and point out some problematic issues of self-government, relations of self-government and the state and territorial self-government units to each other. The first part of the thesis focuses on the basis and constitutional foundations of territorial self-government, including reflection on the question of whether territorial self- government is an essential part of a democratic rule of law and whether it is an expression of decentralization of public authority. It also deals with the holders and executors of territorial self-government in individual territorial self-governing units. It focuses on the distributions of power between the executors of territorial separate power in individual territorial self-governing units. In the case of municipalities, it also deals with the issue of the status of towns and cities and the status of chartered towns together with the issue of their territorial subdivide and the legal status of its...
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Nuclear law in the Czech Republic
Krajíček, Tomáš ; Handrlica, Jakub (advisor) ; Petrmichl, Václav (referee)
Nuclear law in the Czech Republic Abstract Nuclear law can be defined as a set of legal rules designed to regulate legal or natural persons engaged in activities related to fissile materials, ionizing radiation, and radiation from natural sources of radiation, with the aim of ensuring the protection of persons, property, and the environment. The topic of the thesis Nuclear law in the Czech Republic is the legal regulation of peaceful use of nuclear energy and ionizing radiation in the context of Czech legislation within the framework of public law, including its links and connections to the legal regulation of this issue at the international (European, global) level. After a brief introduction of nuclear law and its basic terminology, the thesis presents in a comprehensive summary the legal regulation at the international, European and national level, together with the legal principles that are manifested within the legal norms of nuclear law. Within the framework of the Czech legal framework, the main focus is on Act No. 263/2016 Coll., the Atomic Act, and its relation to individual areas of nuclear law. In terms of institutional arrangements for the administration of the use of nuclear energy in the Czech Republic, the institutions with significant competencies within the framework of nuclear law are...
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Final inspection approval of construction programme de lege lata, de lege ferenda
Hejduk, Martin ; Svoboda, Petr (advisor) ; Petrmichl, Václav (referee)
1 Final inspection approval of construction programme de lege lata, de lege ferenda Abstract This master thesis aims on providing a comprehensive overview of an issue regarding the final inspection approval of construction programme and identification of errors associated with the current legal regulation of final inspection approval by Act No. 225/2017 Coll., and providing de lege ferenda proposals and answering question, whether the process is actually being simplified and accelerated, as declared the explanatory memorandum to the amendment to the Building Act No. 225/2017 Coll. compared to the state before. The master's thesis is composed of six chapters. Chapter one aims on legal sources governing the issue of construction law. The most important legislation concerning the issue is listed. Second chapter determines basic concepts contained in the Building Act associated with final inspection approval, which are necessary for understanding of this master thesis content. These concepts are structure, developer, part of the structure, temporary structure, change of the finished structure, or general conditions for construction. Chapter three contains an analysis of the organization of building offices and selected issues as an authorized inspector and the respective authorities. Fourth chapter, which is...
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Territorial Jurisdiction of Administrative Bodies
Uldrich, Miroslav ; Petrmichl, Václav (advisor) ; Svoboda, Petr (referee)
Territorial Jurisdiction of Administrative Bodies Abstract The aim of the present diploma thesis is to make an interpretation of the existing legislation regulating the territorial jurisdiction of administrative bodies. The interpretation includes an in-depth analysis of the subject matter in question, highlights some minor shortcomings of the existing legislation and outlines the relevant remedial proposals. The present study primarily draws on legal regulations, case law and specialized literature as its main resources. It is divided into five chapters. The first chapter gives a description of territorial jurisdiction development after the emergence of independent Czechoslovakia in 1918, focusing on two fundamental legal regulations: legal regulation in the 1928 Government Decree and legal regulation in the 1967 Rules of Administrative Procedure. The second chapter is devoted to the existing legislation regulating the territorial jurisdiction of administrative bodies. It reviews the theoretical background to the subject-matter as well as territorial jurisdiction of administrative bodies and their functional competence. Common rules of regulation of territorial jurisdiction in the 2004 Rules of Administrative Procedure are discussed, with a special focus placed on the criteria used to define the...
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