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Public law aspects of municipal waste management
Chmelík, Václav ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
The thesis called Public law aspects of municipal property management deals with the topic of property management of the territorial self-governing units. The basic units are municipalities and the higher-level territorial administrative units are regions. Municipalities and regions have a legal personality and are public corporations which may have their own property and manage their own budget. Management and disposal of the self-governing units own property and it is one of the fundamental aspects of local government in the Czech Republic. The aim of this thesis is to provide an analysis of the main public law aspects disposition of the property of self-governing units. The thesis is composed of the three sections. The first two sections are focused on the general terms and principles, without which it would be impossible to comprehend more details the disposal of municipal property itself which is discussed in the third section. The first section describes the definition of territorial self-governing units, especially its position as a subject of property rights. There is also described the definition of property and division of property according to the different criteria. The second section deals with the management of municipal property. There are described basic obligations of the...
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Proceedings for administrative delicts of legal entities
Totzauer, Aleš ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This thesis is focused on the proceedings on the administrative offenses of artificial persons in the first instance, particularly on the peculiarities resulting from the nature of the proceedings, the subject of which is a criminal charge in the meaning of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the accused person that is a fictitious artificial person. The thesis is divided into eight chapters. The first chapter deals with differences between the administrative and the court offenses, their classification and subsuming under the term "criminal charge" pursuant to Art. 6 of the Convention as interpreted by the European Court of Human Rights and national courts. In the second chapter, author provides insight into the principles of administrative law and administrative proceedings which are in each case interpreted in the light of the proceedings on administrative offence of the artificial person; attention is also paid to appropriate and necessary modifications of the principles. At the end of this chapter, the principles primarily applied with regard to criminal procedural law are analyzed. These principles must be applied per analogiam within the proceedings on administrative offence due to their absence in the Administrative Code. In the third...
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e-Government
Vyškovský, Pavel ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The aim of this work is to study the theoretical definition of e-Government in the Czech Republic and its subsequent comparison with the actual functioning in practice. The purpose was not only to describe the theoretical concepts and approaches to e-Government, but to show the real problems that are associated with the development of e-Government, and which are not, in my opinion, described in any scientific literature. In the first part, the general definition and different views on eGovernment was described. Also its development in the Czech Republic was briefly mentioned, together with its current legislative and institutional background. The second part describes the actual individual elements of e-Government. The third part of the work was based on the knowledge that I gained during my work at the court and Ministry of Justice. It was motivated by an effort to describe the actual practice and the consequences of the introduction of e-Government. The aim was to describe how are the basic, legislatively modified, parts of eGovernment used in the judiciary, and what has the judiciary made, or is making, beyond the legal obligations, and also to describe interdependence of the various elements of e-Government. The fourth part contains mainly a notice that it can not be simplified that...
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Abstract acts of public administration in the Czech Republic
Batfalský, Lukáš ; Millerová, Ivana (advisor) ; Korbel, František (referee)
The topic of this master's thesis is the legislation of local self-governing units from the moment of its creation to its possible repeal by the constitutional Court. The thesis is divided into eight chapters which are divided into subchapters and further. The first chapter describes basic concepts which are mentioned in this thesis and are related to the topic. This is e.g. explanation of the concept of an abstract act and examples of what abstract acts exist in our country, the definition and division of public administration, explanation of what self-govern is and how it is divided, what are generally binding ordinances and regulations and what is the difference between the two. More basic concepts which are important for the comprehension of this master's thesis are explained. The following two chapters talk about the process of creation of generally binding ordinances of Municipalities and Regions and their regulations too. There are described requirements and structures generally binding ordinances and regulations of Municipalities and Regions, their receiving authority, who can the legislation suppose, its approval, force and effect. The fourth chapter focuses on the effectiveness of generally binding ordinances. It shows what areas municipalities and regions can issue generally binding...
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Data retention -depositing operational and localizing data
Jirovský, Lukáš ; Korbel, František (advisor) ; Millerová, Ivana (referee)
DP - Lukáš Jirovský, Data retention, 2015 Abstract Data retention - storing of traffic and location metadata The topic of this thesis is data retention - traffic and location metadata storing (and providing to state) by telecommunication providers according to Czech and European law (including rulings of constitutional courts). It also describes compliance or conflict with the users right to privacy and also possibilities to provide this data to users. There is also technical description of the data with their meaning and statistics of crimes detection according to validity of this law.
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The right to information
Stárek, Jan ; Korbel, František (advisor) ; Millerová, Ivana (referee)
Introductory passage of the thesis deals with the general terms, which are then examined in more detail. The thesis provides the reader with some insight into this issue. Next it goes on to talk about the legislative regulation and discusses issues namely from the international level through to the constitutional and the legal. With all the basic contour outlines and the historical development of the right to information. Firstly from its conception in the Czech Republic and the final specification of the general law. Some interesting facts in connection with the legislative process are also outlined here. In the second part of the thesis, the author focuses on the legislative development of the Freedom of information act. This development is described chronologically from the earliest changes of the information act to the latest. This chapter is in large part devoted to significant amendments to the act. In contrast less significant changes to the act that have a rather legislatively technical character, and are devoted to a marginal part of this chapter. The whole of this part of the thesis also mingles jurisprudence of administrative courts and the Constitutional court, which over time contributed greatly to clarify the interpretation of the information act in the Czech Republic, and helped...
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Civil service Act - Development and result
Staněk, Michal ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
Civil service Act - Development and result Abstract The new Civil Service Act (CSA) is a significantly amended version of the previous Civil Service Act № 218/2002 that never came fully into force. This thesis briefly describes the main principles and reasoning behind the proposed legislative measures, taking into account specific socio-political context and reflecting previous practice of public employment in the Czech Republic. During 21 years of its existence, the Czech Republic was governed by 13 different governments. In average, the state witnessed change in its leadership every 18 months. This political instability left a significant mark on the Czech public administration that continuously suffered from excessive political interference. In connection with the accession to the EU, the Civil Service Act approved by the Commission was adopted in 2002. Its entry into force, however, was five times postponed by numerous Czech governments, allegedly because of high budgetary demands of the implementation (the reason that has never been proven). The employment of state employees was based on the Labour Code and they did not enjoy any special legal protection. Frequent changes of top and middle management of the administrative bodies that usually followed after each political change led to the loss of...
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Fixing maximum prices, an amount of, and conditions for reimbursing medical drugs
Tetiva, Jan ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
The aim of this thesis is to create an integrated document that presents problems of fixing maximum prices, the amount of and conditions for reimbursement of pharmaceuticals. The thesis itself does not only deal with administrative proceedings in which the maximum prices, the amount of and conditions for reimbursement of pharmaceuticals are fixed, but it also includes description of the price and reimbursement regulation before 1st January 2008. Logically, the thesis can be divided into two parts. The first part presents historical insight into the legislation in effect before the groundbreaking judgement of the Constitutional Court of the Czech Republic, file number Pl. ÚS 36/05, with the supplement of constitutionally legal analysis of the issue of passing the legislation governing individual cases. The second part focuses on the description of the current system of price and reimbursement regulations and the related administrative proceedings. Besides the introduction and conclusion, the thesis consists of five chapters, which are then further divided into relevant subsections. The first chapter defines basic terms, which are frequently used in this thesis, and also the basic categorization of these terms. These terms are pharmaceutical, active substance and medicine. In addition, the first...
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Fine and other penalties for administrative transgressions
Špotová, Jana ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The topic of this thesis is fine and other penalties for administrative transgressions. The thesis deals mainly with various types of sanctions which can be imposed for committing an administrative delict, as well as with facts that have to be considered while imposing a sanction. The first chapter deals with theoretical aspects of the topic, namely with legal liability, definition of the term sanction, the characteristics of administrative punishment as well as the functions of punishment. The second chapter focuses on the basic conditions and rules for sanctioning the administrative delicts. The chapter deals with legislation of sanctions, the rules for sanctioning administrative delicts in terms of time applicability and also with the current system of sanctions. A part of this chapter is dedicated to releasing from imposing a sanction as a possibility of dealing with administrative delicts without the need to impose a penalty. The third chapter contains an analysis of particular types of sanctions. Each sanction is analysed in terms of its nature and purpose, the conditions for imposing them as well as their effectiveness. The fourth chapter pays attention to the comprehensive topic of determination of the type and rate of a sanction. The first part of this chapter provides the description of the...
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Evidence in administrative procedure
Jurkovič, Jan ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
Law of evidence is a legal-based procedure for collecting and presenting proof. The aim of the process is to follow the basic principle of legal administrative proceedings, the principle of material truth. My thesis is based on the Administrative Code regulations, although I was also pointing to the fact that there are specific regulations that restrict or exclude the use of the Administrative Code. Despite the above-mentioned, the general and theoretical ideas of the law of evidence are applicable for all administrative proceedings. Except the principle of material truth there are other basic principles of vital importance to administrative proceedings, particularly the principle of legality and the principle of working out the case without undue delay. The core of law of evidence, however, is contained in provisions of the Administrative Code dealing with the bases for a decision in the administrative proceedings at first instance. For the law of evidence in administrative proceedings it is also often applicable doctrinal and judicial knowledge of civil and criminal law, as a connecting element between these different areas of law is the principle of material truth. The decision-making practice of the administrative courts respects the similarities between criminal and administrative punishment,...
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