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Forms of protection of rights in the administrative judicial review
Codl, Daniel ; Kryska, David (referee)
Forms of protection of rights in the administrative judicial review This thesis treats about the regulation of legal actions in the Code of Administrative Judicial Procedure with emphasis on problems related to the choice of the correct legal action type (against a decision, for protection against inaction and for protection against unlawful interference) in borderline cases in which is difficult to determine a form of administrative activity. The main goal is to analyze if it is possible to construct a universal type of administrative legal action, or at least to propose a solution that will make different types of administrative legal actions more permeable. The first part deals with key procedural institutes that are common to all types of actions. In particular it is the concept of public right, which is the basis of active standing to bring an action, and all other legal regulation derives from it. This also includes the issue of suspensory effect and interim measures, as well as incidental review of measures of a general nature. The issue of an administrative action in the public interest, which is only related to an action against a decision, cannot be neglected, although other activities of the administration may also detriment the public interest. In the second part, the thesis deals with...
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Proceeding of Action against Decision of Administrative Authority
Kozelka, Pavel ; Prášková, Helena (advisor) ; Pomahač, Richard (referee) ; Kryska, David (referee)
Proceeding of Action against Decision of Administrative Authority Abstract The aim of the dissertation is to analyse the legal regulation providing protection of public subjective rights through the procedure of an action against a decision of an administrative authority, regulated by the Administrative Procedure Code, and to assess whether the legal regulation provides sufficient legal protection of public subjective rights, with a recommendation for its modification. The thesis deals with the foundations of the administrative justice system and its principles by looking at the historical development of the procedure of an action against a decision of an administrative authority and then analysing specific institutes of the administrative justice system. The analysis of the organisation of the administrative justice system, which significantly contributes to both the quality and the speed of judicial protection provided by the court, cannot be overlooked. For this reason, the thesis also includes an analysis of the organisation and approach of the Supreme Administrative Court, which decides on cassation appeals against final decisions of courts adjudicating in the administrative justice system, and related issues, including the compensation of costs in the administrative justice system, not only from a de...
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Withdrawal of the permanent resident permit of a third-country national
Nguyen, Hoang ; Pítrová, Lenka (advisor) ; Kryska, David (referee)
Withdrawal of the permanent resident permit of a third-country national Abstract This master thesis deals with a topic of withdrawal of the permanent residence permit of a third- country national as a display of state power exercise in the field of immigration. The main focus is both substantive and procedural prerequisites for revocation of residence permit. Withdrawal grounds of the permanent residence permit together with the principle of proportionality as well as a withdrawal procedure as such will be dealt with. The aim is provide general overview of applicable law regarding withdrawal of the permanent residence permit that is deemed to be as the highest and the most priviledged residence permit obtainable on the territory of the Czech republic. Yet this work shall not be limited merely to reproduction of its legal doctrine and case law, but aims to point out problematic moments in the course of withdrawal of the residence permit in question as well as to offer conceivable solution. This work is divided into three topics, precisely into five chapters excluding its introduction and conclusion. First chapter deals with key terminology of immigration law or law of aliens. Firstly, a fundamental concept of a foreigner will be introduced. This includes a notion of third-country national as well....
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The proportionality principle and the deprivation of liberty of a foreigner in administrative law
Holubkovová, Hana ; Kryska, David (advisor) ; Pítrová, Lenka (referee)
The proportionality principle and the deprivation of liberty of a foreigner in administrative law This thesis concerns the proportionality of the deprivation of liberty of the foreigner in Czech Republic. It only covers those types of deprivation of liberty that are specifically applied on foreigners and that are covered by the administrative law. In the first chapter this thesis defines legal concepts of a personal freedom and a proportionality principle. The second chapter covers the level of the international law, namely the article 5 of the European Convention of Human Rights, define legal conditions that a deprivation of liberty must meet and offers a relevant judicature of the European Court of Human Rights. The third chapter covers a deprivation of liberty from a view of the Return Directive (No. 2008/115/EC), the Reception Conditions Directive (No. 2013/33/EU) and the Dublin Regulation (No. 604/2013) and offers judicature of the Court of Justice of the European Union. The fourth chapter comprehends the Czech law and covers three acts, that enable a deprivation of liberty of a foreigner - the Act on the Police of the Czech Republic No. 273/2008 Coll., the Asylum Act No. 325/1999 Coll. and the on the Residence of the Foreign Nationals in the Czech Republic No. 326/1999 Coll. This chapter also...
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Local referendum
Jedličková, Tereza ; Svoboda, Petr (advisor) ; Kryska, David (referee)
Resumé The thesis examines local referendums, a form of direct democracy that is used the most in the Czech Republic. Nowadays, it is a standard part of municipal politics. The goal of the paper is to provide a complex analysis of the legislation, based primarily on relevant case- law, including the newest rendered in fall 2014. The thesis is composed of an introduction, nine chapters and a conclusion. The order of the paper largely follows the composition of the Act on Local Referendum. Chapter One examines the relevant constitutional and international legislation. Chapter Two describes the scope of topics that may be subjects of local referendums in general and also looks at the most frequent ones. Chapter Three concerns itself with the preparative committee - a body that puts forward the proposal to hold a local referendum - and examines its assembling and operation. Chapters Four and Five explores the review procedure of the committee's proposal conducted by municipal authorities and by municipal councils that render the final decision to hold a local referendum. Chapter Six focuses on the conditions that need to be fulfilled in order to achieve a valid and legally binding decision in a local referendum. Chapter Seven describes all four types of judicial review procedures that relate to local...
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Generally binding regulations of municipalities in the field of gambling
Fialová, Barbora ; Rajchl, Jiří (advisor) ; Kryska, David (referee)
Generally binding regulations of municipalities in the field of gambling Abstract The municipalities, as basic territorial self-governing communities of citizens, have a number of rights in the implementation of their constitutionally guaranteed right to self- government. One of these entitlements is also the right of autonomous normative formation, ie. the right to issue its own legislation which is in a separate scope of a generally binding regulations. Generally binding regulations are therefore the laws of municipalities, the main purpose of which is according to the provisions of Section 10 of the Act about municipalities regulating local affairs in the form of obligations. The entitlement of municipalities to issue generally binding regulations is anchored directly in the Constitution and is further specified in the Act on Municipalities. However, the enabling provision for the issuance of generally binding regulations is contained in a number of specific legal regulations, among others even in the law on gambling. Pursuant to Section 12 (1) of the Gambling Act, municipalities are authorized in the form of a generally binding regulations to restrict or even prohibit the operation of certain types of gambling regulated by law. The goal of the rigorous work on the topic of "Generally binding regulations...
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The position of the President of the Republic within the Polish constitutional system
Kryska, David ; Jirásková, Věra (advisor) ; Kudrna, Jan (referee)
The aim of the thesis is to analyse the status of the President of the Republic in Polish Constitutional System. The reason for this research is that although this subject has already been described by political scientists, it has not been fully explored in the field of Theory of Constitutional Law. The institution of the President of the Republic was re-established in 1989 in the course of systemic reforms, therefore the first part of this study describes historical background of this institution. The following parts outline the mode of election, constitutional features of office and constitutional liability of the President of the Republic. The President of the Republic is elected directly by the people and according to the Constitution he is the executive authority and performs three basic functions: 1) representation of the Republic of Poland in both international and home relations and guaranteeing the continuity of state authority (traditional function of Head of State), 2) supervision of the observance of the constitution, 3) protection of the sovereignty and security of the state as well as inviolability and integrity of its territory. This study also focusses on the competences of the President of the Republic in relations with legislative and judicial powers and with the second executive body -...
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Compulsory vaccination
Falusová, Tereza ; Svoboda, Petr (advisor) ; Kryska, David (referee)
- Compulsory vaccination This diploma thesis deals with the legal regulation of compulsory vaccination in the Czech Republic. The subject of the thesis is a conflict between compulsory vaccination and fundamental rights and freedoms as a result of the protection of public health. An option to refuse the compulsory vaccination, regulation of following sanctions and the absence of compensatory scheme for vaccine injury issue are also analysed. The first chapter introduces the compulsory vaccination issue. It presents terms related to the compulsory vaccination and current vaccination categories. The second chapter describes the legal regulation of compulsory vaccination with its legal basis in international law. It is concerned with the function of international treaties in the Czech legal system. Moreover, it presents a criticism of compulsory vaccination with respect to its claimed unconstitutionality. This chapter also introduces a public debate concerning compulsory vaccination along with pro and con arguments. The third chapter is, on the one hand concerned with the rejection of compulsory vaccination, and its following sanctions on the other hand. The case law of the Constitutional Court has been analysed with respect to both secular and religious conscientious objections. Moreover, the chapter...
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Current government administration in section of migration policy
Chlumská, Veronika ; Kryska, David (advisor) ; Dobeš, Jan (referee)
The bachelor thesis analyzes the current form of the state administration organization in the field of residence of foreigners in the Czech Republic. The Section of Residence of Foreign Nationals is regulated by Act on the Residence of Foreigners in the Territory of the Czech Republic, No. 326/1999 Coll. Of Laws, as amended, and defines the competence of state administration executors in this area. The thesis is divided into a general part, which deals with the general principles of the organization of state administration, the second part is focused specifically on the structure of offices in the field of residence of foreigners, which are the Ministry of the Interior. Commission for Decision-Making in Matters of Residence of Foreigners, Directorate of the Foreign Police Service, Departments of the Alien Police of the Regional Directorates of the Police of the Czech Republic, Ministry of Foreign Affairs and embassies. The aim of the thesis is to evaluate the functioning of these specific offices and outline possible future developments in their organizational arrangement. In conclusion, it evaluates the functioning of the state administration in this section, further deduces the possible future establishment of an independent alien office and mentions further transfers of the alien agenda between...
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Comparison of Czech and Polish administrative judiciary
Kryska, David
1 Abstract The aim of this thesis is to explore the institute of administrative judiciary in the Czech Republic and the Republic of Poland using the comparative method. Its purpose lies in proving traditional similarity of administrative judiciary in both countries which potentially allows mutual influencing in different areas of legislation, application of law and jurisprudence. The work is divided into nine parts. In Chapter 1 of this thesis the author focuses on defining the concept of administrative judiciary, how it is comprehended in both analysed countries, its purpose and function. In this part administrative judiciary is distinguished from other forms of judicial reviews of public administration and it is outlined here which of these forms cannot be considered as a part of administrative judiciary. Administrative judiciary is formally characterized as judicial procedure (in technical meaning) whose purpose lies in the control over public administration and protection of civil rights. In Chapter 2 the author describes the development of administrative judiciary in both countries. A special significance in this matter is given to the Austrian tradition of administrative judiciary that was adapted by Czechoslovakia and Poland when both sovereign states came into existence on the territory of the...
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