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Disciplinary liability of an attorney
Šulda, Mirek ; Kopecký, Martin (advisor) ; Adamec, Martin (referee)
The submitted rigorous thesis deals with the institute of disciplinary liability of a lawyer, the purpose of which can be found primarily in the protection of users of legal services as consumers, ensuring the high quality of these services provided by lawyers, and thus creating an adequate legal environment, which is an essential prerequisite for the provision of proper legal assistance and achieving a fair trial. In the first chapter, for the purposes of further explanation, the profession of a lawyer as such is introduced. It defines, inter alia, the concept of the legal profession, the scope of practice, and the conditions set by the legislator for the practice of the legal profession. Attention is also drawn to the positive legislation regulating the conduct of a lawyer, which is embodied in regulations at virtually all levels of legal force. The subsequent text continues to explain the mission of the legal profession and the often dismally undervalued role of the lawyer in the society of a democratic state governed by the rule of law. At the end of the first part of the rigorous thesis, the disciplinary liability is placed within the system of legal liability of a lawyer and its essence is clarified. An integral part of the thesis is the second chapter, which leads the reader to a more...
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Administrative discretion and indefinite legal concepts
Šulda, Mirek ; Vedral, Josef (advisor) ; Kryska, David (referee)
1 Abstract This diploma thesis deals with the issue of administrative discretion and vague legal concepts, as legal institutes, which the public administration needs in order to fulfil its targets in the ever-changing social relationships, while simultaneously not committing illegal interventions into the rights and freedoms of individuals. The first and most extensive chapter defines administrative discretion and describes the need for its inclusion into the legislation. This chapter then briefly goes into the history, which intends to remind us of the ground-breaking moments associated with the development of administrative discretion, in order to acquire a complex understanding of this institute. The following text demonstrates the extent of this legal phenomenon's possible application, deals with its embodiment into legal regulations and defines the possibility of discovering its existence, using characteristic terminology. The author further describes the basic conceptual feature of administrative discretion in the form of relative freedom in decision making process, when the administrative authority does not solely work based on a programmed machine, which mindlessly adheres to the law and spontaneously ranks specific facts under the provisions of a general regulation. The conclusion of the first part...
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