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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 Role of the Courts of Administrative Justice at the Process of the Unification of the Legal Norm Interpretation of Public Law
Venclová, Petra ; Mikule, Leoš (advisor) ; Sládeček, Vladimír (referee) ; Skulová, Soňa (referee)
Charles University in Prague Faculty of law Abstract of the dissertation The title of the dissertation: The Role of the Courts of Administrative Justice at the Process of the Unification of the Legal Norm Interpretation of Public Law Supervisor: Doc. JUDr. Vladimír Mikule Author: JUDr. Petra Venclová Prague, March 2012 This dissertation deals with the role of the courts of administrative justice at the process of the unification of the legal norm interpretation in the field of public law. Ambition of this dissertation first lies in the function and meaning of administrative justice in relation of the legal norm interpretation on the level of interpretation practice of administrative body, second in capturing the process of unification of judicial activities of administrative courts in formal position as instrumental presumption for full development of material conception which has axiological content and might offer the answer to the question of legal- philosophical direction of administrative judiciary. This work is divided into three chapters on the basic level. The first chapter explains dualism in law within the meaning of dichotomy between private and public law. The administrative law as a part of public law is defined in the relationship to the private law through the different methods and aims of...
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Position of activities of the Council for Radio and Television Broadcasting
Drdla, Jan ; Staša, Josef (advisor) ; Sládeček, Vladimír (referee)
This thesis deals with the issue of The Council for Radio and Television Broadcasting (the Council). The Council is an administrative office, which the public has little information about, and this lack of facts often results in various misunderstandings. The main objective of this thesis is to provide information about the Council and its activities and thus help to eliminate these mistakes and lack of knowledge. The thesis combines the administrative law and the media law. The thesis is composed of two major parts. The Council in general is dealt with in the first part. The history is summarized, the Council as an independent administrative regulatory authority is described and further examples of such administrative offices are provided in this part. The areas in which the Council operates are presented in the second part of this thesis, which is divided into three chapters according the main laws concerning the broadcasting. The first one deals with the law on broadcasting. Key broadcasting licenses and basic obligations of broadcasters are discussed in this chapter. The second chapter is about the law on the regulation of advertising. The last of these relevant laws is the law on audiovisual media services on demand, which regulates the newest electronic medium - the internet. Electronic mass...
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Direct democracy in the Czech republic
Pechanec, Pavel ; Pavlíček, Václav (advisor) ; Sládeček, Vladimír (referee) ; Jirásek, Jiří (referee)
The main topic of the presented dissertation is the direct democracy and its legal institutions incorporated in the legal order of the Czech Republic. The first part of the dissertation is dedicated to the democracy as a government form and to the historical breakthroughs in its development. The key historical milestones on the way from despotism, through the Athen democracy, followed by long period of democratic deficit, up to the renaissance of democracy during bloody revolutions are mentioned as well. Further attention is paid to the representative and direct democracy, their mutual compatibility and definition of basic elements within both conceptions. The second part is referred to the direct democracy legal institutions in the legal order of the Czech Republic. Historical commentary is followed by general interpretation de lege lata. The direct democracy legal institutions are pursued from the year 1918 to the present. Merely commentary on the petition law goes deeper into history. Within recent legislation it is being proceeded from larger to smaller (a maiori ad minus). Our attention is in the first instance focused on the direct democracy legal institutions in the constitutional order of the Czech republic. Subsequently, their implementation in so called "common legislation" is described,...
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The new Administrative Procedure Code in comparison with the earlier regulation
Smrček, Zdeněk ; Sládeček, Vladimír (advisor) ; Staša, Josef (referee)
On January 1st, 2006, the act no. 500/2004 Coll., administrative procedure code (hereinafter "New administrative procedure code") has come into effect, replacing the act no. 71/1967 Coll., on administrative proceedings (administrative procedure code) (hereinafter "Old administrative procedure code"). The New administrative procedure code came with a broad range of new legal institutes and altered many others. The purpose of this thesis is to place the New administrative procedure code and the Old administrative procedure side by side to compare them with one another and to attempt to evaluate the contribution of the New administrative procedure code to the Czech legal system. The structure of the thesis follows the structure of the New administrative procedure code. Because of the range restrictions, this thesis cannot cover the whole content of both administrative procedure codes, so the scope of the thesis is limited only to the most important or the most interesting changes that the New administrative procedure code has brought. The thesis is composed of nine chapters; each of them deals with a different part of administrative procedure codes. The first chapter describes the process of birth of the New administrative procedure code and comments on the explanatory report. Chapter two focuses on...
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A comparison of administrative judiciary in the Czech Republic and Belgium
Tomis, Rostislav ; Mikule, Vladimír (advisor) ; Sládeček, Vladimír (referee)
of the thesis Author: Rostislav Tomis Department: Department of Administrative Law and Administrative Science Title: A comparison of the administrative judicial system in the Czech Republic and Belgium Supervisor: doc. JUDr. Vladimír Mikule Year: 2010 This thesis studies and describes the current model of the administrative justice system used in the Kingdom of Belgium. The basement of the thesis consists in the institutional and material view-points, the organization of administrative justice as well as the material aspect. Obtained knowledge is compared with the current model of the administrative justice under the law of the Czech Republic. The main purpose of the thesis is to compare the above- mentioned models of administrative justice and to delimitate subsequently certain identical, similar and different elements.
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