National Repository of Grey Literature 37 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
The Fight against Doping in Sport in Interaction with European Union Law: Proportionality of Ineligibility and Anti-Doping Education
Exner, Jan ; Tomášek, Michal (advisor) ; Ondřejek, Pavel (referee) ; Kornbeck, Klaus Jacob (referee) ; Viret, Marjolaine (referee)
Dissertation: The Fight against Doping in Sport in Interaction with European Union Law: Proportionality of Ineligibility and Anti-Doping Education Author: JUDr. Jan Exner This dissertation researches the interaction between the fight against doping in sport and the law of the European Union. It particularly analyses whether the World Anti-Doping Agency and other anti-doping organizations respect the proportionality of ineligibility for doping and related role of anti-doping education. The findings of this dissertation demonstrate that anti-doping organizations have crossed the borders of their conditional autonomy and good governance under European Union law through breach of the proportionality of ineligibility in interaction with anti-doping education. In particular, it concludes that they underestimate the role of education as an anti-doping element, which interacts with proportionality of ineligibility. Anti-doping education raises awareness, informs, communicates, instills values, and develops life skills and decision-making capability to prevent intentional and unintentional doping and its consequences, including a potentially disproportionate ineligibility. As such, it also enables the deterrence effect of anti-doping rules and sanctions. On top of that, the level of anti-doping education is...
The legal nature of a trust (legal and comparative analysis)
Urban, Ondřej ; Beran, Karel (advisor) ; Ondřejek, Pavel (referee)
59 ENGLISH ABSTRACT The purpose of this thesis is an interpretation of English trust law, including historical context and comparative application of the acquired knowledge on the Czech legal institute of "svěřenský fond". A critical assessment of the legal regulations governing "svěřenský fond" is followed by theoretical consideration of its legal nature. The work, except the introduction and conclusion, is divided into four main chapters, with the first chapter dealing with the historical roots of the trust. The reader will become familiar with the Roman fideicomissum, the English legal institute called "use" and its influence on the emergence of the law of equity. She will also learn how use turned into trust and what the economic reasons for such a change were. The second part defines the English trust, describes it and clarifies the three main conditions for its creation under applicable law - the three certainties. Further, it will explain who the settlor, trustee and beneficiary are, along with their rights and obligations. It also focuses on the three main types of trusts. Express trusts, created by an act of the settlor and the resulting and constructive trusts, which are created by decision of the courts. The third chapter concerns itself with the "svěřenský fond", as stipulated by the Czech Civil...
Legal theoretical and philosophical aspects of formal and material truth in judicial proceedings
Ondřejek, Pavel ; Gerloch, Aleš (advisor) ; Maršálek, Pavel (referee)
Ve své práci se pokusím nastínit některé aspekty problematiky zjišťování skutkového stavu, konkrétně problematiku různého pojetí formální a materiální pravdy. Téma je to podle mého názoru aktuální, neboť v současném rychle se měnícím právním řádu České republiky se snaha po urychleném návratu mezi vyspělé právní kultury mnohdy nesetkala se stejným úsilím po teoretickém zdůvodnění té či oné právní úpravy. V zásadě stejný závěr lze učinit podle mého názoru o procesu sbližování českého práva s právem Evropské Unie. Otázkami pojetí formální a materiální pravdy se ve své judikatuře zabýval několikrát i český Ústavní soud, přičemž ne všechny jeho závěry lze bez kritických připomínek přijmout. Jako příklad uvedu nález Ústavního soudu v kauze navrácení zámku Opočno, kde základem odůvodnění ÚS bylo tvrzení, že česká právní úprava občanského soudního řízení neopouští ani ve sporném řízení tzv. zásadu materiální pravdy, jejíž dodržování je předpokladem pro dosažení účelu soudního řízení, totiž zajistit spravedlivou ochranu práv a oprávněných zájmů účastníků řízení.4 Pojetí formální a materiální pravdy s sebou nese přirozeně řadu filosofických aspektů. Samotný pojem pravdy je předmětem zkoumání filosofie, konkrétně filosofické disciplíny ontologie. Problematikou poznatelnosti se zabývá teorií poznání, nazývaná též...
Positive and negative conceptions of human rights
Blažková, Kristina ; Kühn, Zdeněk (advisor) ; Ondřejek, Pavel (referee)
The aim of this thesis is to analyse the protective function of constitutional rights as compared to the traditional defensive function. Whereas the defensive function of constitutional rights requires that the state does not interfere with and respect the constitutional rights of the individual, the protective function requires the state to act to promote and protect constitutional rights. The problematic is examined primarily through the case-law of three foreign supreme jurisdictions, i.e. the Supreme Court of the United States of America, the Federal Constitutional Court of the Federal Republic of Germany and the European Court of Human Rights. In the broader perspective the thesis aims to assess the approach taken by the Czech Constitutional Court in relation to this problematic. The protective function of constitutional rights is explored through the perspective of the individual and through the perspective of the system. The thesis is divided into four chapters. In the first chapter, the author clarifies fundamental theoretical concepts used in the thesis. The positive and negative concept of constitutional rights is closely connected to the two concepts of freedom as developed by I. Berlin in his famous essay Two Concepts of Freedom. The protective function also represents a specific legal...
Human Rights in Private Law
Ondřejek, Pavel ; Gerloch, Aleš (advisor) ; Maršálek, Pavel (referee)
121 Summary Shrnutí v anglickém jazyce The presented work challenges traditional view on human rights as rights guaranteed only against the state. In contemporary world, in which states delegate powers either on supranational structures or on private entities, it is hardly acceptable for the individual to remain unprotected against comparable interferences with his constitutional rights caused by private persons. The classical doctrines of human rights protection lead in this situation to the decrease of level of protection of individuals. Therefore certain models of application of human rights norms in private law are to be scrutinized. How public and private law intertwine in contemporary law was shown on the examples of private military contractors that accompany modern armies in wars as well as transnational corporations operating in the Third World and exploiting indigenous peoples there. Notwithstanding the aforementioned it is clear that it was primarily private law that determined various areas of the "constitutional" status of individuals before modern constitutions of states came into force. From various models of application of human rights norms in private law, the example of models of direct and indirect horizontal application as well as non-application of human rights norms was described and...
The Principle of Proportionality and Its Application in the Field of Human Rights Norms
Ondřejek, Pavel ; Gerloch, Aleš (advisor) ; Holländer, Pavol (referee) ; Bröstl, Alexander (referee)
1 Abstract (in English langugage) In the presented dissertation thesis I tried to argue that if we want to apply the principle of proportionality correctly in case of a collision of fundamental rights or in case of a collision between a fundamental right and a countervailing interest, it is not sufficient only to refer to this principle within the argumentation. On the contrary, it is necessary to recognize a structure of this principle and to apply its components. In order to recognize the structure and components of the proportionality principle, it is necessary to understand the role and effects of human rights in legal orders. I assume that theoretical backgrounds of this principle contribute to the better understanding of the objective tension between the individual's autonomy and general will of the society. Another important aspect in the correct application of this principle is the institutional balance between the legislature and the judiciary and overcoming of the "counter-majoritarian problem". In the contemporary, not only Czech, but also foreign practice we may observe lots of examples in which courts do not pay appropriate attention to the proportionality principle. When solving hard cases, sometimes they made only a reference to this principle without further elaboration. From the...
Liberal Theories of the Resolution of Conflicts between Human Rights
Broz, Jan ; Kysela, Jan (advisor) ; Ondřejek, Pavel (referee) ; Hapla, Martin (referee)
Liberal Theories of the Resolution of Conflicts between Human Rights This dissertation is based on two factual assumptions: (i) The existence of conflicts between human rights, which is determined by both the competitive pluralism of human rights and the existence of effective judicial mechanisms articulating the existence of these conflicts. (ii) The existence of a deep interrelationship between the concept of human rights and the concept of liberalism, which influences both structural and substantive aspects of human rights practice. Building on the assumptions just outlined, the aim of this paper is to analyse different ways of practical reasoning about the resolution of human rights conflicts in relation to the liberal human rights ethos. The first two chapters provide the basic conceptual framework relating to the two core concepts of this thesis. The first chapter, devoted to models and theories of rights, introduces Hohfeld's model of the analysis of rights as the most effective way of capturing the two competing theories of rights, namely will (choice) and interest (benefit) theory of rights. The use of Hohfeld's model shows that it is intuitively appropriate to understand the accepted concept of liberty as so-called bilateral liberty.At the same time, the analysis of the two competing...
Postmodern phenomena in law
Pokorný, Jan ; Maršálek, Pavel (advisor) ; Ondřejek, Pavel (referee)
Postmodern phenomena in law Abstract This thesis examines postmodernity and its manifestation in law and legal science. The first part is dedicated to achieving as precise definition of the term postmodernity as possible, as there is no general consensus, due to the fragmentary nature and instability of postmodern philosophy. Because of a limited quantity of comprehensive resources, describing postmodernity, available the historical perspective was applied in order to build a clear and compact narrative. The modernity movement is defined as it precedes postmodernity historically and philosophically. Postmodernity arose in reaction to the historical events which shaped the world of the twentieth century. From the detailed historical narrative are then synthesized the main defining characteristics of postmodernity. Those characteristics are: erosion, plurality, globalization, the fragmentary and liquid nature of society. The second part is predominantly dedicated to the topic of plurality as it is the basic element of postmodern thought. The comparative approach was chosen due to the ongoing globalization. Plurality as a postmodern phenomenon manifests itself significantly in the form of legal pluralism. The emphasis is put on defining legal pluralism, the additional meta-questions that head towards pondering...
The Principle of Proportionality: Critique of Theoretical Standpoints and Its Relevance
Koref, Tomáš ; Ondřejek, Pavel (advisor) ; Tryzna, Jan (referee)
99 The Principle of Proportionality: Critique of Theoretical Standpoints and Its Relevance Abstract: A decision concerning a fundamental rights conflict needs to respect the principle of proportionality in order to be compatible with a constitutional order. The principle of proportionality obliges the court to adequately assess and weigh the conflicting fundamental rights or other constitutional principles in light of the particular facts. The proportionality of the decision is to be ensured by the so-called proportionality test. It consists of three steps: an assessment of the suitability, necessity and proportionality in a strict sense. The thesis The Principle of Proportionality: Critique of Theoretical Standpoints and Its Relevance describes the proportionality principle and the proportionality test in a specific legal- philosophical and legal-theoretical context. The first chapter introduces discursive theory as an important starting point for the rational application of fundamental right norms and the use of the proportionality test. For this purpose, it identifies the relationships between discourse, norms of justification and the proportionality principle. The second chapter of the thesis outlines, in relation to the existing approach of Czech legal theory, an alternative view of legal methodology...
Deficits of contemporary law-making in the Czech Republic
Crha, Miroslav ; Ondřejek, Pavel (advisor) ; Wintr, Jan (referee)
The deficits of conteporary law-making in the Czech Republic Keywords: legislative process, Parliament, legisprudence Abstract: The thesis concerns contemporary law-making process in the Czech Republic in an effort to identify its weak spots, which can lead to low-quality laws being created and passed. Rating the quality of legislative process is considered by the author to be impossible without a proper philosophical and theoretical basis. Such basis is found in the theory of legisprudence, which was conceived by L. Wintgens. Legisprudence is a theory of rational law-making and it presents itself as an alternative to mainstream jurisprudence that is focused mainly on interpreting law. In accordance with legisprudence, the legitimacy of law is dependent on bringing positive outcomes compared to a situation of absence of law. Philosophically, legisprudence is based on social contract as a mandate for the lawmaker to pass laws that only minimally encroach on freedoms. Principles of legisprudence and the requirements on lawmakers that it formulates, are applied on specific parts of the law-making process in Czech Republic. Specifically, administrative procedure of legislative drafting, legislative technique, explanatory memoranda, regulatory impact assessment, and parliamentary procedure are examined. These...

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