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Objectiveness and balance in media: the aspects of administrative law
Villarroel, Nelson ; Rajchl, Jiří (advisor) ; Kryska, David (referee)
111 Abstract Thesis title: Objectiveness and balance in media: the aspects of administrative law This paper deals with the administrative law aspects of objectivity and balance in light of their role as media content requirements. The first chapter defines "media". Then individual media laws are analyzed and from them basic types of media are derived as understood and regulated by current Czech law. Special attention is given to "public service media", especially to Česká televize (Czech Television) and Český rozhlas (Czech Radio) in subchapter 1.4. The second chapter concerns "objectiveness" and "balance". Firstly they are defined from the perspective of media theory (subchapter 2.1). Then relevant legal institutes regarding objectiveness and balance are identified and interpreted by media law analysis. More detailed interpretation as well as critical evaluation is given to the institutes of administrative nature (subchapter 2.2). The end of the second chapter emphasizes the human rights dimensions of the subject matter. The third chapter concerns Rada pro rozhlasové a televizní vysílání (Council for Radio and Television Broadcasting) which imposes fines as punishment for breaking the principles of objectiveness and balance in the radio and television broadcasting sector. Its legal domain, competence and...
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Development of legal regulation of gambling
Plecháč, Ondřej ; Rajchl, Jiří (advisor) ; Millerová, Ivana (referee)
This diploma thesis analyses the historical development of gambling legislation in the Czech Republic, from the first mention of the regulation in the Middle Ages to present days, while the primary (but not exclusive) subject of my research are the basic sources of gambling regulation in the field of administrative law. In my thesis, I identify and examine the main reasons for implementation of new institutes and other changes into the gaming law. In this context, I assess the degree of restrictiveness or liberality of each regulation while focusing on whether there were any long-term tendencies to make the legislation more or less strict. All of this is done through the interpretation of legal norms with the help of legal methodology - methods of subjectively historical, teleological and logical interpretation are used in the thesis. These forms of legal methodology were chosen with regard to the resources used in the thesis, which include mainly legislation and its explanatory statements. The whole thesis is divided into three chronologically subsequent chapters representing the main periods of the gambling legislation development. The first chapter deals with the evolution of gaming law from its beginnings in the 13th century until 1989; its subchapters then divide this long period into several...
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Electronic signature in administrative procedure
Jandora, Tomáš ; Handrlica, Jakub (advisor) ; Rajchl, Jiří (referee)
1 Abstract As a topic of the diploma thesis I have chosen the issue of electronic signature in relation to administrative proceedings. The field of electronic communication is incredibly diverse and it is growing very dynamically. For this reason, I found the topic interesting and usable in the future. There have not been many theses on this topic yet, so I did not have to solve the problem that it was not original. I have always had a positive attitude towards digital technology. At the same time, I was fortunate that I could have always been informed about information technologies by someone who was interested in the issue much earlier. No matter whether it was more experienced family member, high school teacher who by far exceeded the capacities of the educational institution, or patient colleague at work. As stated at the beginning, this work could not have been finished without the contribution of my father, who has been involved in the issue of electronic signatures for a long time, and who brought me to the idea of choosing this topic. The aim of this work was to describe possibilities of application of electronic signing in administrative proceedings, or in communication with public authorities. However, a simple description of the legislation, which is presently in practice, would not be...
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Enforcement of administrative decisions
Gebouský, Lukáš ; Kopecký, Martin (advisor) ; Rajchl, Jiří (referee)
This Master thesis is about the issue of execution of administrative decision, which are regulated in the Administrative Procedure Code. The thesis deals with the concept of Enforcement order and it defines the key points of enforcement order. This thesis seeks also to put this kind of enforcement in context with administrative proceeding and to describe every step before start of execution and also how to start process of execution. In chapter which contains process of execution itself, thesis examines procedural requirements of Execution's attachment, kinds of execution and order of steps done by an administrative authority. Thesis describes specific points of each kind of making an execution and it seeks to find characteristics of every kinds of administrative execution. Thesis seeks how to make execution without any violation of laws and maxims established by administrative law and without violation of laws and maxims from another branches of law too. Thesis is focused on executions on kind, which contains E.G. Eviction, removing of movable property (including rules about personal searching and flat's searching), enforcement fine etc. Executions in money are introduced only marginally in thesis and it describes issues in locations and competence of administrative authorities. Thesis contains...
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Legal Regulation of Municipal Property Management
Chmelík, Václav ; Kopecký, Martin (advisor) ; Rajchl, Jiří (referee)
Managing municipal property is considered economic basis for communal self- government. The right to own and manage property poses one of the most important authorities given to self-governing units. Managing municipal property is regulated in a specific way. The basis of this regulation is an obligation to keep special duties. They rest - firstly - in the requirement of evaluating property dispositions from the point of view of their positive impact on municipality, and - secondly - in keeping specific procedures which must precede the valid legal dispositions. The aim of this rigorous thesis on "Legal regulation of municipal property management" was to focus in detail on the key aspects of dealing with municipal property and point out the problems in current legislation. The thesis is divided into five basic parts. The first part focuses on constitutional and legal limitation of self-governing units viewed as the legal owners. The second part is devoted to specific duties which self-governing units have to keep when managing property, such as managing property in purposeful and economical way, or duty to explain why the price paid differs from the usual price at a paid transfer. The final section of the second part takes into account the supervision of keeping these duties. The following third...
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Local referendum
Čalkina, Jekatěrina ; Kopecký, Martin (advisor) ; Rajchl, Jiří (referee)
Resume The aim of this thesis is to examine local referendums, mainly focusing on the Local Referendums Act which regulates this issue. This thesis consists of an introduction, six chapters which follow the systematics of the Act, conclusion and an appendix. In the introduction this thesis gives the definition of local referendums and deals with the history of this institution of direct democracy in the Czech Republic. The first chapter is devoted to the right of participation in a local referendum. The second chapter deals with the admissibility of a local referendum, it defines the conditions under which a local referendum should be held, matters in which the local referendum may be held and limitations of a local referendum. The third chapter describes the process of calling of the local referendum, which can be called in two ways - by the own decision of the municipal authorities or by the municipal authorities after the proposal of the preparatory committee. Particular attention is devoted to a local referendum called on the proposal of the preparatory committee, conditions that must be met by the preparatory committee, including the rules of collecting the signatures and the number of required signatures on the signature sheets. The fourth chapter focuses on the conditions that must be met for valid...
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Right to decision in international protection proceedings within reasonable time period
Mašlej, Jiří ; Kryska, David (advisor) ; Rajchl, Jiří (referee)
The thesis discusses deadlines for decisions issuing in proceedings on international protection, especially within the frame of procedure for granting of international protection status. This analysis compares current legal situation with the situation before the amendment to the Asylum Act by the Act No. 314/2015 Coll., effective from December 18th, 2015, which reflects jurisprudence, literature and administrative practice in the field. It further elaborates interpretation of certain vague legal concepts which manage the international protection of vital importance, such as "reasonable period", "without undue delay", "factual and legal complexity." The study discusses -from the applicant's perspective - means of the protection against inactivity and compares their efficiency. The thesis aims to monitor and evaluate a common phenomenon of the administrative practice, the failure to meet deadlines, altogether with extension of the deadline in the application proceedings due to the exceptional circumstances, which has become the standard procedure rather than an exception. My goal is also to raise a question whether the fundamental rights of the applicants for the international protection (who are considered to be vulnerable individuals in a difficult life situation), guaranteed by the Charter and...
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State supervision of local government
Hustáková, Jaroslava ; Kopecký, Martin (advisor) ; Rajchl, Jiří (referee)
This thesis is dealing with the theme of States supervision of local governments and aims describing of the system and theory of the process of the supervision and control of local government units as one of the main features of modern democratic society. Big impact of mainly legislative activities of municipalities and regions on lives of the citizens is actually the main reason why state has to supervise it. The first part of the text I devoted to a theoretical introduction. I am trying to describe basic concepts necessary for whole work. After that I mentioned legislation which lays the foundation of whole problematic and determines what is supervised, by who it is supervised and how. In next part I specified the subject of the states supervision and by that partly subject of this thesis, which mainly is legislative activity of local governments. In following part I was writing about different phases of the supervising relation between supervisor and supervised body. For better illustration, I used a few examples and practical information about communication between them and what results it brings. Next part I devoted to the exercising of the states supervision of local governments units itself. Firstly I was describing the supervision of municipalities over their delegated and as well over...
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Sound and audiovisual recording as means of evidence in administrative proceedings
Jirková, Jana ; Svoboda, Petr (advisor) ; Rajchl, Jiří (referee)
The aim of the thesis is to answer the questions regarding the subjects authorized to take a sound or audiovisual record, and to assess the legality of using such records as evidence in administrative proceedings. The thesis is formally divided into three chapters. The first one addresses the basic concepts emerging throughout the thesis, and the admissibility of other evidence not expressly mentioned by law. The second part of the thesis offers an insight to obtaining of sound and audiovisual records, and their further use as evidence pursuant to the basic human right documents. It describes and analyses the assessment of permissibility of such evidence that is applied by the European Court of Human Rights. The last chapter works with national legislation of both public and private law, and with the case law of domestic courts; from which it infers the subjects authorized to take these records, which may be used as evidence by an administrative authority. Based on the analysis of legislation and case-law, the thesis defines subjects authorized to obtain a sound or audiovisual record, and sets conditions for such obtaining. Simultaneously, it highlights the issues resulting from the current national legislation on obtaining sound or audiovisual records by selected public authorities, mostly...
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Consumer protection in public law
Krejcar, Nikolas ; Staša, Josef (advisor) ; Rajchl, Jiří (referee)
The thesis focuses on the consumer protection in public law. The objective of the thesis is especially give a general and complex view of the topic. The text is, apart from the introduction and the conclusion, divided into three parts. The first part introduces the topic by defining the term consumer and by studying the consumer protection. Subsequently a view on the differences between the public and private law is provided, so these could be applied in the study about the consumer protection in public law and about its characteristics and differences with consumer protection in private law. In the end of the first part an overview is given about norms, in which the consumer protection in public law is included, in European and Czech legislation. The two next parts amend the general first part by more particular look on the topic in certain areas. These areas are determined by the thesis that the consumer protection in public law consists mainly of the imposing of duties to persons who produce, import or sell products or provide services, in the administrative inspection over these duties and in arising liability in the case of breaching them. The second part brings nearer selected duties which aim to consumer protection - study about trans-sectional affecting prohibition of unfair commercial practices is...
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