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Bias of the Administrative Officials
Nová, Anna ; Vedral, Josef (advisor) ; Svoboda, Petr (referee)
Bias of the Administrative Officials Abstract The subject of this thesis is an analysis of the bias of public officials, which is regulated in Section 14 of Act No. 500/2004 Coll., the Administrative Procedure Code, as amended, with a primary focus on the practical aspects of the application of the institute. Special focus is also placed on the phenomenon of so-called systemic bias, which receives considerable attention from both the professional community and the general public. The thesis also examines the development of the position of the Constitutional Court and the Supreme Administrative Court's jurisprudence on the subject in the last two decades. The thesis is divided into four main chapters, which are further divided into subchapters, with selected subchapters further divided into sections. The first chapter analyses the fundamental principles of the institute of exclusion from hearing and decision-making and reviews the most significant milestones of administrative procedure codification, with a focus on the regulation of the institute of bias. The second chapter presents current legal regulation of bias in the Administrative Procedure Code as well as in special statutes and lays the theoretical groundwork necessary for a deeper insight into the issue. The third chapter focuses on the phenomenon...
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Legal regulation of unmanned aircraft
Bušek, Rostislav ; Vedral, Josef (advisor) ; Staša, Josef (referee)
Legal regulation of unmanned aircraft Abstract This thesis deals with the legal regulation of drones with emphasis on the European legal framework and the administrative practice of the Civil Aviation Authority. The aim of the thesis is to provide an explanation of the different terms such as unmanned aircraft and unmanned system, to define the different classes of unmanned systems and to categorize the different types of operation. The thesis is divided into eight chapters. The first chapter is devoted to the history and allows to interpret the current legislation in the light of its development. The second chapter describes the three-level legal framework, which consists of international law, European Union law and national law. In this chapter I focus on the international organizations operating in the civil aviation sector and their common objectives. The third chapter details the basic concepts of unmanned aviation and compares their definitions in different documents. The fourth chapter focuses on the production, marketing and classes of unmanned systems. It also discusses the obligations of manufacturers, importers and distributors of unmanned systems. The fifth chapter discusses the operation of unmanned systems and the categorisation of different operations with an emphasis on their comparison. In...
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Public administration bodies in the capital city of Prague
Zemanová, Eliška ; Vedral, Josef (advisor) ; Svoboda, Petr (referee)
Public administration bodies in the capital city of Prague Abstract The thesis deals with the organization of public administration in the capital city of Prague. Its aim was to give a comprehensive overview of a not very often treated issue and to touch upon the unclear position and legal nature of the city district. The intention is to highlight some controversial issues. After the necessary introduction to the issues of the public administration bodies, the thesis deals with the historical context of the public administration bodies in the capital city of Prague. The following chapter deals with the legal regulation of the public administration bodies in Prague, and the fourth chapter deals with public administration bodies in a narrower sense. The thesis describes the position of the individual bodies of the capital city of Prague and the bodies of the city districts and analyses the performance of local self-government and state administration in the environment of the capital city of Prague. A sub-objective is to open a controversy regarding the legal nature of the City of Prague. The question of whether a municipal district is a sui generis public law corporation is controversial. The analysis has shown that the opinion on the legal nature of the municipal district is hardly anchored at all. Thus,...
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Material-formal conception of the decision of the administrative body
Boušková, Kateřina ; Vedral, Josef (advisor) ; Pomahač, Richard (referee)
Material-formal conception of the decision of the administrative body Abstract This thesis deals on the one hand with the definition of the decision of the administrative body and on the other hand with the subsequent analysis of the concept of the decision of the administrative body in material and formal concept. These concepts are developed primarily in the case law of the Supreme Administrative Court, from which this work draws primarily. The aim of the thesis was therefore to create a summary of knowledge concerning both concepts of the decision of the administrative body, taking into account each of them separately and both as a whole. These two concepts cannot be solved without each other. The reason why this topic is worth of interest, in the author's opinion, is the continuing ambiguity in the perception of decisions of the administrative body by the courts in the administrative judiciary. It is no less important to draw attention to the fact that this issue is closely related to the choice of the lawsuit type, to which a separate section is also devoted in this thesis. The aim of the thesis was mainly to work out the definition of the material and formal concept of the decision, to work out the current view of this concept and to try to work out a vision for the future, including a reflection of...
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Medical devices regulatory framework
Honegr, Jan ; Staša, Josef (advisor) ; Vedral, Josef (referee)
Charles University in Prague, Faculty of Law Department of Administrative law Candidate: PharmDr. Jan Honegr, Ph.D. Supervisor: JUDr. Ing. Josef Staša, CSc. Title of diploma thesis: Medical devices regulatory framework The subject of this diploma thesis is the regulatory framework for the so-called "general" medical devices with a slight overlap in the field of in-vitro medical devices. The presented work aims to describe the impact of the planned change in the regulatory framework for medical devices on economic operators in the field of production and distribution of medical devices in the Czech Republic. In this work I gradually deal with the historical development of the regulatory framework for goods in the European Communities and subsequently the European Union and the specific regulation of for medical devices. I deal in detail with the multilevel regulatory framework and the relationships between its components. I focus in more detail on the key change in the regulatory framework, which is represented by the hitherto ineffective EU Medical Devices Regulation 2017/745 and government bills to prepare the Czech legal system for the adoption of this directly effective European Union legislation. The main parts of the work are chapters 5 and 6 in which, I deal with the potential impacts of the...
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Generally biding regulations of a municipality issuing in order to ensure local matters of public order
Furková, Petra ; Kopecký, Martin (advisor) ; Vedral, Josef (referee)
Generally biding regulations of a municipality issuing in order to ensure local matters of public order Abstract The work is focused on general binding regulations issued by municipalities to protect public order. However, public order is a concept that is not defined by legislation and is variable over time. Thus, each municipality, in order to protect it, regulates a different social activity that it believes is capable of disturbing public order in the municipality. However, municipalities do not always regulate the activities that can be regulated for the purpose of public order, or the rules they set exceed the limits set by law. The Constitutional Court makes an indispensable contribution to the specification of what can be regulated for the purpose of public order and in what way, as it is the only one entitled to annul an illegal municipal regulation. The thesis first focuses on the history of municipal lawmaking, the basic characteristics of generally binding regulations as legal regulations issued in an independent competence and, with the help of judicial case law, also on the definition of public order. Then the most extensive part of the thesis is devoted to the analysis of generally binding regulations on public order against the background of the so-called four-step test applied by the...
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Decision, Unlawful Interference and Failure to Act under the Code of Administrative Justice and Types of Administrative Actions
Peroutka, Jan ; Vedral, Josef (advisor) ; Adamec, Martin (referee)
Decision, Unlawful Interference and Failure to Act under the Code of Administrative Justice and Types of Administrative Actions SUMMARY This thesis deals with the concepts of decision, failure to act and unlawful interference by which administrative authorities may unlawfully interfere in subjective public rights; and with types of legal actions that may be used to resists these acts and/or delays by administrative authorities, as well as the relationships between those and the possible choice. According to lawmakers, the introduction of different types of actions was intended to ensure that nobody was deprived of the right of access to court. This undoubtedly increased individual procedural guarantees; however, there still might have been cases where a lawsuit was dismissed solely on procedural grounds - i.e., choosing the incorrect type of action, as courts applied the doctrine of strict inadmissibility. The Supreme Administrative Court has reacted to this and, together with the Constitutional Court of the Czech Republic, overcame this doctrine. The primary objective of this thesis is to analyse how the current case law regarding the choice of action type is applied, whether it actually leads to the intended goal in all cases and whether there might be room for an overall review of the administrative...
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Organization of public administration in the Capital City of Prague
Klečka, Jan ; Vedral, Josef (advisor) ; Svoboda, Petr (referee)
of the thesis "Organisation of public administration in the City of Prague" This thesis focuses on complex issue of organisation of public administration in the City of Prague. The reason, which led author to choose this topic, is that there are only few jurists, who dedicate more that several words to this subject in their studies or articles. Therefore this subject matter isn't as explored as for example organisation of public administration in villages or counties in Czech Republic. Aim of this thesis is to go through several sources of information from legislation, judgements and jurisprudence and provide a complex view on current legislation, which regulates organisation of public administration in the City of Prague. Author also tries to add his opinions on some sources. At first we find some theoretical introduction to the topic and brief summary of historical development of the Prague. These facts are used in following chapters. Main part of the thesis is in Chapter Five and Chapter Six. Chapter Five includes description of legislation, which concerned this issue since 1850. This year was not selected casually. It's year of inception of self-government in the Prague. Chapter Six describes activities of administrative bodies, which operate in the City of Prague and its boroughs. Author...
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The decision of an administrative body under Administrative Procedure Code, the Code of Administrative Justice and in judgments of administrative courts
Geržová, Lenka ; Vedral, Josef (advisor) ; Mikule, Vladimír (referee)
The decision of an administrative body under Administrative Procedure Code, the Code of Administrative Justice and in judgments of administrative court This thesis concerns the topic of the decision of an administrative body under Administrative Procedure Code, the Code of Administrative Justice and in judgments of administrative courts. The aim of the thesis is to describe the basic features of the decision under Administrative Procedure Code and the decision under Code of Administrative Justice, their legal definition, conception and relation to the other results of activity of public administration, their division and other characteristics. Such analysis is supposed to serve for comparison of both institutes in order to draw a conclusion about their mutual conformity, resemblance and difference and because of that also their correlation. The thesis is composed of three chapters. Chapter one defines administrative act, as concept that is universal, blanket and determinative for decision of an administrative body under Administrative Procedure Code and also under the Code of Administrative Justice and therefore using specification of administrative act is possible to specify also common components of concept decision. Chapter two successively focuses on the decision under Administrative Procedure...
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Contracts under public law
Háleková, Ivana ; Vedral, Josef (advisor) ; Rajchl, Jiří (referee)
in English The main topics of my thesis are public law contracts. Public law contracts can be defined as bilateral or multilateral legal operations, which establish, change or repeal rights or duties in the area of public law. I tried to give a complete point of view on them, including their history, the actual legal regulation and I also tried to present the single types of public law contracts. Public law contract is one of the forms of public service. It is an institute, which was already commented by legal theorists in the period of Austria-Hungary and also in the beginning of 20th century. The importance of this institute was shaded during the Second World War and during the period of communism. The democracy and then the general legal regulation in form of the normative act No. 500/2004 called the Rules of Administrative Procedure give the institute importance again. Public law contracts can be considered as instruments, which help to involve private entities in the sphere of public services. The thesis is divided into chapters, but it is possible to say, it is divided into two big parts. The first one concerns the definition of the public service in general, because I suppose it is necessary to understand the whole system for determining the public law contracts issues. It also concerns the...
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