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The Presidential Veto in the Czechoslovak and the Czech Constitutional System
Janoušek, Milan ; Hřebejk, Jiří (advisor) ; Janstová, Kateřina (referee)
This rigorous thesis deals with the institution of presidential veto in the Czechoslovak and Czech constitutional system. It follows the constitutional development of the president's right to return to Parliament acts that it has adopted and compares it to the practical usage of this power by individual Czechoslovak and Czech presidents. In a political context and based on actual cases, it highlights the issues of the existing constitutional provisions. The thesis concludes with suggestions - de constitutione ferenda - for improving the functionality of the presidential veto as part of the system of checks and balances.
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Selected issues of the citizenship of the EU
Mátéová, Daniela ; Král, Richard (advisor) ; Hřebejk, Jiří (referee)
Selected issues of the citizenship of the EU The aim of this paper is to analyse selected issues of the evolution and practical importance of the EU citizenship. Study is focused mainly on right to move and reside freely within the European Union as this right became the most significant for the ordinary citizen. The thesis is composed of five chapters, each of them dealing with different aspects of the EU citizenship. Chapter One is introductory and subdivided into two main parts of which one defines the notion of the citizenship within the national context and the other deals with the same notion within the EU context. It also breafly examines the question of European identity, which is closely related to the notion of the EU citizenship. Chapter Two focuses on the evolution of the EU citizenship starting in the 1970's as a part of European political integration. It examines the most important milestones of this notion's evolution. Main part of this chapter focuses on the post- Maastricht period and changes brought by founding Treaties amendments. Chapter Three investigates the developments of free movement of persons, beginning with the free movement of workers as provided in the Treaty of Rome and implementing legislation. It continues with the outline of the widening personal scope of the free...
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Proceedings before the Constitutional Court
Svobodová, Žaneta ; Hřebejk, Jiří (referee) ; Suchánek, Radovan (referee)
The subject of this thesis is Constitutional Court proceedings. The Constitutional Court of the Czech Republic and its proceedings are still topical owing to important cases which influence not only the broad public but also the course of events in general. This judicial body responsible for the protection of constitutionalism has made a mark with a number of important cases and judicatives. It has issued a lot of awards which represented a major intervention in our law system. Hence, the judicature of the Constitutional Court becomes a key part of the constitutional practice, and it has started to significantly influence legal practice in general. In my thesis I have focused on the procedural law aspects of proceedings before the Constitutional Court while trying to highlight the significance of this constitutional institution
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Judicial system in the Czech Republic
Plachý, Rostislav ; Hřebejk, Jiří (advisor) ; Preuss, Ondřej (referee)
Judicial system in the Czech Republic Abstract The purpose of this thesis is to give a comprehensive picture of judicial system in the Czech Republic, especially its roots, current state and possible future development. The first part of this thesis is developed into four chapters in which concept of judiciary and its functions, the important principles related to the judiciary, the related concept and the basic division of the types of courts are interpreted. The second part is divided into five chapters, which are separated by important historical events. These chapters summarize the historical development of the judicial system from the Austro-Hungarian Empire to the disintegration of the Czech and Slovak Federative Republic, with an emphasis on the system of general courts. At the end of this part is an author's personal appreciation presented. The third part represents a crucial part of this thesis. First chapter of this part defines the relevant legal regulations relating to the judicial system, followed by six chapters, which are gradually devoted to district courts, regional courts, high courts, the Supreme Court and the Supreme Administrative Court. These chapters devoted to the individual courts describe their position in the judicial system, composition, internal organization, jurisdiction,...
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Constitutionality of Reappointment of Presidents and Vicepresidents of Courts
Derka, Viktor ; Hřebejk, Jiří (referee)
218 Constitutionality of Reappointment of Presidents and Vice- Presidents of Courts Abstract This diploma thesis deals with the interdisciplinary topics of administrative and constitutional law, especially with questions of re-appointment of presidents and vice-presidents of courts in connection with time-limited periods of office. The main hypothesis considered in the context of the given topic is the unconstitutionality of the current administrative practice associated with repeated appointment as well as time-limited periods of office. The current practice of empowering the judges by performing the individual tasks of the judicial administration under the Act on Courts and Judges also constitutes deficit in the rule of law. This is quite unfortunate in the case of the judiciary, especially in the sense that the Ministry of Justice is not very active in its supervisory role. Therefore, the secondary purpose of this work is also to offer alternative, more efficient models of the current bureaucratic judicial administration. For this purpose, the thesis is based not only on theoretical legal aspects represented by primary sources in the form of laws, other regulations and jurisprudence, together with secondary sources in the form of expert articles and other publications, but also based on its own analysis...
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Safety securing and states of crisis in the constitutional law of the CR
Baumruková, Lucie ; Hřebejk, Jiří (referee)
This thesis discusses the issue of securing safety of the state with emphasis on the institute of so called states of crisis in the constitutional law of the Czech Republic. The first part deals with states of crisis in general, outlines the basic theory of states of crisis as institutes of law, historical and international context of regulation, as well as on a generally security oriented context. The second section is dedicated to individual states of crisis, namely the state of danger, state of emergency, state of threat to the state and state of war. The thesis contain the basic description of the state of emergency, its sources of law, the method of its declaration all of the states of crises and discusses institutes common for all, or most of the individual states of crisis. Last section of this thesis focuses on further methods of safety ensuring, in particular with connotation to Article 43 of the Constitution of the Czech Republic. For example the regulation of the dispatch of armed forces beyond the territory of the Czech Republic and the residence of foreign armed forces in the territory of the Czech Republic or the regulation of crossing and flying across the territory of the Czech Republic. The conclusion indicates that the current legislation regulating states of crisis is not...
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The concealed performance of public power and values protected by the constitutional order
Klaban, Vladimír ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
The aim of this diploma paper is to analyse and define the nature of secret exercise of public authority and to asses this phenomena in respect of the fundamental principles of the democratic rule of law. Any secrecy in exercising public authority is in fact a clear contradiction to a natural concept of the human rights and fundamental freedoms. Therefore the republic, as a public institution, should not have too many secrets to hide away from the people if its own principles are not to be completely disgraced. Secrecy in exercising public authority is a specific feature often related to the areas such as securing the sovereignity and territorial integrity of the Czech Republic, protecting its democratic foundations, protection of the lives and health of the population as well as the right to own the property. This is in full accordance with the constitutional duty of the state. Limited access to the information has a unique and 84 inevitable role in these areas and it is clearly mentioned in the Charter of Fundamental Rights and Freedoms, the European Convention of Human Rights and Freedoms and the International Covenant on Civil and Political Rights. The question of choice between the security and the liberty has been recently heavily discussed by the people as a natural follow up to the...
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Does judicial activism endanger the constitutional order of the CR?
Bartonička, Jan ; Hřebejk, Jiří (advisor) ; Hofmannová, Helena (referee)
It is often accentuated - not only by legal scholars, but also by political scientists - that law, politics, and society in the modern West have been marked by the increasing power of the judge. Therefore in my thesis I have decided to describe the current problems in the constitutional judiciary, including the issue of the so-called goverment of judges (or judicial tyranny) and the role of constitutional courts and judges in modern society. Needless to say, my work is based on extensive use of the fundamental book "Constitutional Courts and Democratic Values: A European Perspective" written by Victor Ferreres Comella, which provides the most detailed analytic description of the centralized model of constitutional review currently available. My thesis consists of an introduction, four chapters and a final conclusion. In the first chapter, the history of Czechoslovak and Czech constitutional judiciary is described from the beginning in the 1920s to the birth of the Czech Republic in the 1990s. In the second part of my thesis, the models of constitutional judiciary in contemporary world in brief are dealt with. French, American and German model are characterized and the specific way in which they function is investigated. In the third chapter I focus on the so-called problem of judical republic,...
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