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Development and issues of subjectmatter and territorial jurisdiction in administrative infraction proceedings
Budil, Petr ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The main objective of this master thesis is to provide a view into the development of subject matter and territorial jurisdiction in administrative infraction proceedings as a part of administrative punishment law. The thesis handles this issue in its entirety, that is form its origins up to considerations on the future legal regulation, and, furthermore, analyses the issue into more depth. The thesis relies mainly on legal regulation and relevant literature as its primary sources and is divided into three chapters. The first chapter, firstly, deals with the development of subject matter and territorial jurisdiction in the 18th and 19th century and focuses on the formation of the concept of infraction itself, its division into the categories of administrative and judicial infraction and the gradual obsolescence of the phenomenon of judicial infraction. Secondly, it handles the transfer of subject matter jurisdiction in "judicial" infraction proceedings from administrative authorities to courts and, thirdly, defines the three bodies authorized to conduct administrative infraction proceedings. In the second chapter, the issue of subject matter and territorial jurisdiction in the 20th century is dealt with. Its primary aim is to describe several unsuccessful legislative proposals in the area of...
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Summary hearing of administrative delicts
Lepáček, Jaroslav ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This thesis deals with the abbreviated forms of administrative misdemeanour procedure (or summary procedures), which can also be referred to as a special type of administrative proceedings by literature. These proceedings are known as ticket procedure and order procedure. These traditional legal concepts of administrative law were already included in the legal system of Austria-Hungary and later in the legal system of Czechoslovakia. One of the main reasons for regulation of ticket procedure was attempt to affect the offender immediately after the commitment of misdemeanour and thus mitigate the pressure on the respective administrative body. On the other hand, the purpose of the order procedure is to simplify the proceedings regarding offences in cases, where there is no dubiety about the offender. For these reasons, the evidence is not presented and proving of facts and law is absent from both mentioned proceedings. The main legal regulation is contained in the Misdemeanours Act. The Administrative Procedure Code applies subsidiarily. However, other individual subject-matters of misdemeanours possibly fulfilled by offenders are present in special laws, which allow to deal with the offences in ticket and order procedure as well. This thesis is divided into 6 chapters, of which the first one deals...
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Penalizing cartel agreements in Czech and European law
Knotková, Denisa ; Prášková, Helena (advisor) ; Pítrová, Lenka (referee)
Cartel agreements constitute a distortion to consumer ́s welfare and economics environment itself by yielding higher profits without risks to those who engage in anticompetitive behavior. Therefore the purpose of this master thesis is to analyze the aspects of sanctioning cartels under Czech and European law especially with regard to the many recent changes in legislation regulating the protection of competition. The thesis is composed of fifteen chapters. Chapter one defines cartels and their characteristics. Second chapter builds on the first by introducing, the types of prohibited agreements. The background in history of competition regulation and its upcoming challenges is provided in chapter three followed by explanation of the reasons why it is necessary to prosecute competitors who engage in anticompetitive conduct in chapter four. Since these reasons have changed several times in history as have the views of the regulator on the need of market regulation, it is important to explore the issue of inconsistency as they still remain topic of discussion even nowadays. Chapter five provides overview of the institutions whose task it is to enforce competition law. After these background chapters, in chapter six the focus shifts towards liability aspects of cartels and the process of sanctioning...
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Sanctions for administrative delicts and protective measures
Moravec, Ondřej ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This thesis deals with sanctions and protective measures. The thesis primarily discusses types of sanctions and protective measures that may be imposed for administrative delicts; it also addresses circumstances to be considered in imposing sanctions. The goal of this paper is to provide a comprehensive review of the current law of sanctions and protective measures concerning administrative delicts. Various legal and practical problems and inadequately solved questions surrounding the imposition of sanctions are emphasized. Parts of the thesis, especially its conclusion, address a reform of administrative punishment and future legislative measures regarding this important function of organs of public administration. Chapter I focuses on sanctions for violations. The introduction to this chapter is rather theoretical and is devoted to definitions of basic concepts of administrative penalization. This part further defines the terms of "sanction" and "administrative punishment". The conclusion of this chapter then analyzes the purpose of sanctions and includes their list and a summary of past legal enactments. The second part of Chapter I contains an analysis of types of sanctions governed by the current statute of administrative delicts as well as other statutes. This part describes a reprimand, fine,...
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Sanctions and protective measures regarding administrative infractions
Geuss, Hana ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The aim of the thesis is to provide an overview of sanctions and measures of pro- tection which can be imposed as a result of administrative offences according to the Czech Act on Administrative Offences and attempt to answer some of the questi- ons regarding problematic issues of the Czech regulation. In view of the fact that the new Act on Responsibility for Administrative Offences, which is replacing the current Act on Administrative Offences on July 1, 2017, was approved during the time this thesis was being written, the thesis describes new elements in the field of sanctions for administrative offences which the new regulation brings. The thesis comes with a comparison with a foreign regulation, especially aiming to find out whether some elements of the foreign regulation could be used in the Czech regu- lation. The thesis consists of six chapters. In the first chapter, it deals with a general introduction to the problems of sanctions, explains a term of sanctions in adminis- trative punishments, their purpose and particularities of the sanctions in the field of administrative punishments. A part of the first chapter is also an overview of punishing administrative offences in the area of the Czech Republic in the past. The second chapter analyses each of the sanctions in detail and outlines...
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The Institution of Complaint According to the Administrative Procedure Code
Adamec, Martin ; Prášková, Helena (advisor) ; Rajchl, Jiří (referee)
- The Institution of Complaint According to the Administrative Procedure Code The subject of this rigorous thesis is a special type of complaint, which is a complaint about certain kind of behavior or procedure in public administration. Author of this thesis generally defines the complaint as an individual submission of the complainant intended to achieve a correction of the perceived drawbacks. The element of the individuality differs this type of submission from petitions, for which the shared interest is characteristic. Unlike the petition law the legal regulation of the complaints is very problematic and fragmented. It happens to be a remnant of for a long time unsolved situation, where the complaints were regulated by a controversial governmental decree from 1958, which was issued by unauthorized government and which was intended as provisional only. Despite the subsequent polemics regarding its validity and binding effect was this decree abolished as of 1 January 2006 relatively without any substitute. Until that time the complaints were regulated in a plenty of special acts, but the general regulation was missing. The change was supposed to be brought by the current Administrative Procedure Code, which original government proposal lacked the regulation of the complaints, but in the end it...
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Keeping records of administrative delicts
Růžičková, Zuzana ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This master's degree thesis deals with keeping records of administrative delicts in the Czech Republic. It mainly focuses on the central register of offenses which is new, yet unknown institute. Its implementation was recently approved by Parliament. Even though the law is not yet effective, it has attracted considerable media interest since it aims to deal with minor offenses relapsing. The reason for my research is to examine these new possibilites. The purpose of my thesis is to summarize the existing situation in the field and to analyze various aspects of the new central register. The thesis is composed of seven chapters. The preface introduces the topic, the structure and the main goals of this thesis. The second chapter is theoretical. It briefly defines basic terminology and explains what is an administrative offence, in which categories it can be divided and what are its essential features. The third chapter examines which registers do we have, which information can we find there and what is their purpose. The fourth chapter concentrates on issues related to the central register. I compare the pros and cons and also give a thought about whether or not to punish minor offenses relapse by criminal law. The fifth chapter is devoted to the central register of offenses in the form it was approved by the...
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First instance hearing of administrative delicts
Nováková, Hana ; Prášková, Helena (advisor) ; Kryska, David (referee)
The subject matter of this thesis is the first instance hearing of administrative delicts, where the main focus is on the legal status of the accused. Since the adjudgement on guilt of the accused is the fundamental objective of the administrative infraction proceedings, it is not conceivable that such proceedings would be conducted in his/her absence. The accused is the essential subject whose rights and obligations are mandatorily adjudicated. Part 3 of the Act No. 200/1990 Coll., on Transgressions, is the main source of legal regulation of administrative infraction proceedings, while the Act No. 500/2004 Coll., Administrative Procedure Code, shall be used subsidiarily. These laws represent the basic legal framework for a proper conduction of administrative infraction proceedings. However it is also necessary to apply a wide range of legal principles arising out of the constitutional law and the international law. The European Convention on Human Rights plays a pivotal role since it guarantees the right to a fair trial, together with the presumption of innocence and the right of self-defense, as two integral parts of the right to a fair trial. This thesis analyses the individual procedural rights of the accused in detail, along with their classification into appropriate stages of the...
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Proceedings for administrative delicts of legal entities
Hyldebrant, Pavel ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
A heated debate was going on during the past few years among Czech lawyers concerning punishment of legal entities. It culminated as the law on criminal liability of legal entities and proceedings against them was passed. However, this has not solved all the problems of legal regulation of delicts committed by legal entities. The question of reform of administrative punishment remains relevant, although not urgent. The current legislation suffers certain defects, in particular its incompleteness, which has to be addressed in legal practice by using laws whose primary field of application lies elsewhere; those laws do not address all peculiarities of administrative punishment of legal entities. While the main discussion is centered on substantive law, proceedings for administrative delicts of legal entities deserve attention as well. My thesis is divided into four parts. The first part briefly outlines the historical development of the proceedings for administrative delicts of legal entities. The second part provides a brief overview of the current state of legislation, focusing on the sources of law. The third part deals with general principles of law relevant for proceedings for administrative delicts of legal entities, especially the right to a fair trial, as described in the Convention for the Protection...
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Remonstrance Proceedings
Adamec, Martin ; Prášková, Helena (advisor) ; Svoboda, Petr (referee)
- Remonstrance Proceedings The thesis is focused on the remonstrance and the following special administrative proceedings. The remosntrance represents an ordinary appeal, which can be used to challenge the first instance decision that has not already become enforceable and has been issued by the central administrative office, by the minister or by the director of other central administrative office eventually by the state secretary. Whereas there is no existence of the superior administrative authoritites in the organizational structure of the state administration, the same body that issued challenged decision decides on it. It is obvious, that appeal procedure contains a lot of variances and peculiarities, which the thesis points out, compared to the appeal procedure. The remostrance is limited to one paragraph and its five sections by the valid and effective legislation of the Administrative Code. The more this relatively brief provision often remains unkonwn to the general public, the more attention it attracts among the experts. The thesis aims to give a comprehensive explanation of the remonstrance and its proceedings and subsequent evaluation of the effectiveness of the applicable legislation and to suggest own creative solution of the examined subject. Further, this thesis aims to answer the...
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