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The Position of Review Appeal in the System of Remedies
Ambrož, Vojtěch ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
The Position of Review Appeal in the System of Remedies Abstract What is the purpose of the review appeal in civil matters? Should the review appeal be of an ordinary or extraordinary nature? Should the admissibility requirements of the review appeal be determined entirely objectively, or should it depend, at least in part, on the subjective discretion of the appellate court? This is only a part of numerous questions that have accompanied the institute of review appeal for several historical stages and, due to the planned overall re- codification of the civil procedure law, these issues remain relevant even today. The author of this work aims to provide an answer to some of these questions based on a critical view of the historical development of the review appeal, current legislation concerning this matter and the review appeal from de lege ferenda perspective. In the first chapter, the author generally discusses remedies in civil proceedings, their nature, effects, and definition of the review appeal. The greatest attention is paid to the purposes of the review appeal, which include finding individual justice and unifying the decision-making practice of the civil courts. In the second chapter, the author focuses in detail on the historical development of the institute of review appeal. Its important...
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Dispute Settlement in International Economic Law - Selected Aspects
Krausová, Pavlína ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
Dispute Settlement in International Economic Law - Selected Aspects Abstract At the time of the emergence of investor state arbitration, such regulation of states was seen as necessary to protect Western investors from expropriation of their investments by developing states, in which there was an absence of rule of law and the protections that flow from that. The ICSID Center was established primarily to ensure the availability of an assured impartial and independent dispute resolution service. The increase in the number of cases over the years, together with sometimes expansive, unexpected and inconsistent interpretations of International Investment Agreement provisions by tribunals, had triggered a worldwide debate and a number of countries had adopted reform measures. The EU has proposed a Permanent Investment Court to address criticism, aimed at investment arbitration and to be included as a measure under the TTIP. This concept has been also adopted in the CETA, and if successful, is likely to be adopted in other treaty agreements as the European Parliament has expressed a preference for the proposed investment court under the TTIP to be included in other free trade agreements. The concept of a permanent legal body providing public proceedings and decisions, establishing binding case law to address...
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Rozklad jako řádný opravný prostředek ve správním řízení
MĚCHUROVÁ, Karla
The main part of the thesis is devoted to the institute of remediation belonging to remedies with its own specifics. The institute can be defended against the decision of the central administrative authority, the minister or the head of another central administration issued in the first instance. The purpose of this bachelor thesis is to identify the means of disintegration in connection with the remaining remedies and to incorporate it into the process of administrative proceedings not only in the background of the current legal system in force, but also in the context of public administration and changes made as part of territorial reform. The text also includes an analysis of the Office for Personal Data Protection and introduces its current chair. In addition to analyzing valid law, I also present proposals de lege ferenda.
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Legal Remedies in Administrative Law
SMILOVÁ, Nikola
The aim of this thesis is to expose all kinds of administrative offences, to describe them in detail and thereafter to explain, which methods we can choose in terms of defend against pubic authorities. Especially there is a description of ordinary legal remedies, namely the appeal, remonstrance and statement of opposition. These legal remedies are compared to each other and after that the differences between them are described. The final aim is to find out, by means of research methods, whether the number of legal remedies has increased or decreased and whether success rate of these legal remedies has risen or fallen down.
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Abstract The public administration itself is bound by applicable legal provisions. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strict legal procedure with corresponding legal mechanisms, which aim to remedy the status caused by unlawful action or inaction of the public administration. The object of this dissertation focuses, in particular, on analysis of individual means of protection of rights in public administration (i.e. the issue of the protection of public subjective rights) and their mutual relationships between them at level of legal regulation de lege lata. However, certain space had to be dedicated also to the procedures of public administration in matters related to private subjective rights as even the public administration decides on certain matters of private law. As regards the protection of private rights by public administration I mentioned the dualism of the review of decisions of public bodies and certain examples of public administration deciding on matters of private subjective rights. Further I stressed the issue of civil liability related to the conduct of public administration, i.e. liability for damages caused by unlawful decision and unlawful procedure. Pursuant to the act on liability for...
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Remedial and Supervisory Measures in Tax Proceeding
Hajdová, Veronika ; Pagáč, Zdeněk (referee) ; Kopřiva, Jan (advisor)
The bachelor thesis aims on issues of protecting the rights of taxpayers, specifically remedial (ordinary and extraordinary) and supervisory measures in tax proceeding, within the Act no. 280/2009 Coll, The Tax Code, as amended. The aim of this thesis is to find, systematically characterize, describe and explain the remedial measures, including the action in administrative proceeding.
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Appeal in civil procedure
Vaníčková, Zuzana ; Frintová, Dita (advisor) ; Zoulík, František (referee)
The aim of this thesis is to describe and analyse the legal institution of appeal in Czech civil procedure. The goal of this thesis is to provide both - (i.) an overview of the issue of appeal in civil procedure and (ii.) an outline of its practical problems and their solutions. Czech legal order distinguishes ordinary and extraordinary legal remedies. The only ordinary legal remedy according to positive law is the appeal. It represents the most frequently used form of a review of judicial decisions. The legal regulation of the appellate procedure in civil cases is enshrined in Act No. 99/1963 Coll. on the Civil Procedure, as amended. The thesis is divided into thirteen chapters, each of them dealing with different aspects of the legal institution of appeal. The first one focuses on its historical development. The next chapter deals with the importance of this procedural institution within the framework of legal remedies. Thereafter the thesis provides a general (theoretical) explanation of an appeal. It is the only ordinary remedy in Czech civil procedure. The concept of an appeal in our national legal system is based on the appellate principle. In the current Czech civil procedure the complete and incomplete appellate systems are both determined and applied. The remaining chapters are devoted to...
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Offence Proceedings in Theory and Practice of Law
Novotný, Martin ; Pikola, Pavel (advisor) ; Jaromír, Jaromír (referee)
The theoretical part of this dissertation deals with problems of offence proceedings.
It defines basic concepts and describes institutions which are collocated with the offence proceedings. The thesis is structured from legal enactments, corporeal legal formation of offences and principles of the offence proceedings across actions before the start of the proceedings and the proceeding itself to due and special legal remedies and types of offences per a law of offences.
The practical part includes data about offences from Commission of an Offense in the town of Náchod registered between years 2011 and 2015, overview of them in separate years, charting and evaluation of the of most frequent offences across these years. According to the detected data there is an evaluation of generally perceived hypothesis of worse condition of interpersonal relationships in the society in collocation with the results of the survey.
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The Code of Administrative Procedure and its use in construction permitting in accordance with the Building Act
Hercíková, Dita ; Kykal, Jiří (advisor) ; Helena, Helena (referee)
The thesis characterises building permitting administrative procedures subject to the Building Act and Rules of Administrative Procedure. The legal regulation contained in the new Building Act that has been effective since 2007 has been amended several times over the period of nine years, among other by so called big amendment to the Building Act in 2013. Both the Building Act and amendments to it are supposed to simplify and speed up its implementation as much as possible. The Building Act is a special legal regulation the implementation of which is supported by the Rules of Administrative Procedure as a general legal regulation. The current legal regulation of the Rules of Administrative Procedure has been effective since 2006. The Rules of Administrative Procedure stipulate general procedures that are not set forth in special laws. Therefore, the research part of the thesis describes procedures of the granting of individual types of permits subject to the Building Act that are related to general procedures subject to the Rules of Administrative Procedure.
The result part of the thesis focuses on a comparison of permitting and appeal procedures in the Central Bohemian region and a comparison of such proceedings outputs to outputs of the proceedings in the Czech Republic. The paper analyses reasons that are behind the described results. The statistic evaluation deals with influences than affect numbers of granted permits. The thesis conclusion includes some suggestions concerning some Building Act amendments based on findings contained in the result and research part of the thesis.
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Remedial and Supervisory Measures in Tax Proceeding
Košut, Martin ; Houdek, Martin (referee) ; Kopřiva, Jan (advisor)
The bachelor thesis deals with remedies (ordinary, extraordinary and supervisory), especially in terms of Act no. 280/2009 Coll., The Tax Code, as amended. The aim of this thesis is to find, characterize, systematically describe and explain the remedies that are available to all persons involved in tax proceedings, including proceedings in administrative justice. Furthermore, relevant jurisprudence of the Supreme Administrative Court is described, which deals with appeals.
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