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Immunity of deputies and senators
Popelková, Eva ; Kudrna, Jan (advisor) ; Syllová, Jindřiška (referee)
The presented diploma thesis focuses on the parliamentary immunity of Deputies and Senators in the Czech Republic and consists of two not explicitly titled parts. The first one deals with the genesis of the concept of immunity; the historical course describes the origin of the concept that goes back to the 13th century. Immunity might have been described as protection given by an English monarch towards Representatives; it gradually changed in privileged status recognition of a newly emerging institution, nowadays called Parliament. This excursion back into the 800 year history is supposed to help us understand the basic idea that the immunity of deputies or senators serves as an instrument of protection of a legislative body, or rather the Parliament of the Czech Republic. As for the immunity of deputies (senators) in the Czech Republic, relevant chapters deal with the first attempts to create functional constitutions at the end of the 19th century when Bohemia was part of the Austrian empire. Significant space is dedicated to the 1920 Constitutional Act, which may be considered as a crucial document for today's concept of the immunity of deputies and senators in the Czech Republic. Finally, the first part includes also chapters dealing with later constitutions from 1948 and 1960. The second part...
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Legislative process and its future
Zahořák, Marek ; Hřebejk, Jiří (advisor) ; Syllová, Jindřiška (referee)
Legislativní proces a jeho budoucnost Abstrakt Rigorózní práce se zabývá problematikou legislativního procesu v České republice. Cílem bylo objasnění průběhu přijímání návrhů zákonů, zároveň se v práci objevují náměty na možné úpravy a změny již existujících a nově zavedených pravidel, podle kterých jsou návrhy zákonů schvalovány v praxi. Jako prameny posloužily zejména platné právní normy České republiky, judikatura Ústavního soudu České republiky a odborná literatura.
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Parliamentary immunity: Czech legal regulation in force in the European context
Částková, Eva ; Syllová, Jindřiška (referee) ; Suchánek, Radovan (referee)
This rigorous thesis is dedicated to the topic of the parliamentary immunity focusing on both of its parts - i. e. irresponsibility and inviolability. Parliamentary immunity is comprehended as purely functional instrument designated for the protection of the parliament as a whole and not only of its individual members. The thesis is especially devoted to the analysis of the legal regulation of the parliamentary immunity in force laid down in the article 27 of the Constitution of the Czech Republic taking in account relevant opinions of the Czech legal law researchers and appropriate judicial decisions. It also points out the relevant parts of the legal regulation of parliamentary immunity in foreign countries for comparison as well as the practice of the European Court of Human Rights. In order to take in account all aspects of this topic, the author adverts to the historical evolution and tries to outline possible solutions of some questions connected with parliamentary immunity. Special part of the thesis focuses on the parliamentary immunity in the European Parliament. In the conclusion the author considers that parliamentary immunity has still its importance, especially the irresponsibility and consequently takes a think on de lege ferenda legal regulation.
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Amendments unrelated to the subject-matter of a bill in the legislative practice of the Czech Republic
Fenclová, Martina ; Suchánek, Radovan (advisor) ; Syllová, Jindřiška (referee)
of the Thesis "Amendements unrelated to the subject-matter of a bill in the legislative practice of the Czech Republic" The aim of the thesis was to describe the matter of amendments unrelated to the subject- matter of a bill. The first chapter of the thesis gave an introduction into the legislative procedure in Czech Republic and presented possible ways how an unrelated amendment can become a part of a bill. The second chapter was focused on unrelated amendments themselves. Firstly, it explained their essence and gave examples. Afterwards, unrelated amendments were characterised from different points of view, e.g. who and why iniciates them, why are they problematic, and how they can be sorted. The third chapter paid attention to selected decisions of the Constitutional Court of Czech Republic. The fourth chapter presented possible ways of how to prevent legislators from adding unrelated provisions to the bills according to contemporary rules and also mentioned possible ways how legislative rules can change.
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Legal reguation of the position of political parties
Musil, Michal ; Suchánek, Radovan (advisor) ; Syllová, Jindřiška (referee)
Legal regulation of the position of political parties The thesis examines the legal regulation of political parties in the Czech Republic, which is an essential part of constitutional law. The thesis is composed of eight chapters, usually broken down into the following subchapters. The first chapter provides a general definition of a political party and its role in the democratic rule of law. The second chapter deals with the historical development of Czech political parties law and its relevance to current treatment. The third chapter discusses the applicable law regulating the status of political parties in (Act No. 424/1991 Sb., on association in political parties and political movements, the constitutional foundations of law and separation from the state. The next two chapters assesses the creation of political parties and modification of membership. The sixth chapter deals with issues of abolition and dissolution of political parties, suspending their activities and dissolution. Much of this chapter is devoted to the case of dissolution of the Workers' Party, and I come mainly from the case of the Supreme Administrative Court. The seventh chapter is focused on the financing and management of political parties. There is also laid emphasis on the law of the Constitutional Court, which on several...
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Modifications of constitutional law in relation to the accession of the Czech Republic to the European Union
Dvořáková, Lucie ; Reschová, Jana (advisor) ; Syllová, Jindřiška (referee)
MODIFICATIONS OF CONSTITUTIONAL LAW IN RELATION TO THE ACCESSION OF THE CZECH REPUBLIC TO THE EUROPEAN UNION ABSTRACT The accession of the Czech Republic to the European Union was certainly one of the most important moments in the development of Czech legal order. The impact of this step may be seen in every branch of law - including constitutional law. The large number of publications on this issue indicates that the changes of constitutional law are an important issue in the Czech academic society. Yet, the literature is mostly fragmentary and mainly oriented at only some of the problems. This thesis tries to gather all the important changes in the branch of constitutional law, which occurred in relation to the Czech Republic's accession to EU. As the constitutional law is a very broad topic, the focus is laid on its institutional part and on the role of member states (and its institutions) within the EU. This thesis consists of an introduction, four chapters (which are further divided with respect to the single topics), and a final conclusion. In introduction, the focus of the thesis and basic questions are defined. Chapter One briefly follows the process of the Czech Republic's accession to the EU. Chapter Two deals with the position of Member States within the EU. It touches on issues such as the...
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