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Good Governance in Theory and Practice
Vošahlíková, Radka ; Ochrana, František (advisor) ; Půček, Milan Jan (referee)
This master's thesis offers comprehensive perspective of good governance concept in a theoretical level as well as from a practical point of view with emphasis on the Czech Republic. The objective of the thesis is to investigate the theoretical background of the good governance concept and its basic principles, focused on dealing with the concept in the Czech Republic. The work also provides the assessment of the critical points associated with the good governance concept implementation and attempts to provide the possible solutions to eliminate these points. Thirteen research interviews were conducted with the public administration staff members and the leading experts in the field to analyze the current state of good governance in the Czech Republic. Thematic analysis was utilized for this purpose and results have shown that good governance is not broadly applied yet. Besides the apparent issues such as problems with human resources, communication, politicization of public administration, departmentalism or absence of long-term vision, the key obstacle to implementation of the good governance concept in the Czech Republic seems to be low level of cultural and social standards.
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Recent Trends in Fair and Equitable Treatment in Investment Arbitration
Hrčka, Daniel ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
(English) Often evoked by investors before arbitral tribunals and at the same time causing controversy and uncertainty with regard to its contents. Fair and equitable treatment standard of protection (FET) suffers from its vague formulation in bilateral investment treaties but simultaneously this characteristic enables it to fulfil the function of filling gaps left by other standards of protection. This results in a fact that uniform understanding of the standard seems impossible to achieve. Inherent dispute on whether FET amounts only to minimum standard of treatment under customary international law or is rather an autonomous standard is also embodied in various wordings of FET clauses present in the treaties. Unless specific link to minimum standard is made, almost all methods of legal interpretation prove that FET is an autonomous concept. Enumeration of sub-elements of FET in clauses will also not achieve certainty mainly because of disputes on contents of some of these sub-elements. Effort to shed more light on the contents of the standard is achieved by evaluation of values of rule of law as well as requirements of morality and legality (necessary for functioning of every legal system) presented by legal philosopher Lon Fuller. A set of universally accepted principles is extracted from these...
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The concealed performance of public power and values protected by the constitutional order
Klaban, Vladimír ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
The aim of this diploma paper is to analyse and define the nature of secret exercise of public authority and to asses this phenomena in respect of the fundamental principles of the democratic rule of law. Any secrecy in exercising public authority is in fact a clear contradiction to a natural concept of the human rights and fundamental freedoms. Therefore the republic, as a public institution, should not have too many secrets to hide away from the people if its own principles are not to be completely disgraced. Secrecy in exercising public authority is a specific feature often related to the areas such as securing the sovereignity and territorial integrity of the Czech Republic, protecting its democratic foundations, protection of the lives and health of the population as well as the right to own the property. This is in full accordance with the constitutional duty of the state. Limited access to the information has a unique and 84 inevitable role in these areas and it is clearly mentioned in the Charter of Fundamental Rights and Freedoms, the European Convention of Human Rights and Freedoms and the International Covenant on Civil and Political Rights. The question of choice between the security and the liberty has been recently heavily discussed by the people as a natural follow up to the...
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The Indpendene of the Judiciary in the Czech Republic
Josef, Jakub ; Kindlová, Miluše (advisor) ; Syllová, Jindřiška (referee)
This diploma thesis deals with the topic of the independence of the judiciary, which is grasped in its full complexity. The thesis aims to answer two research questions: what techniques of influencing of the independence of the judiciary exist and how could be the resistance of the Czech judiciary against these techniques strengthened. In order to answer these two questions, thesis introduction elaborates the theory of the concept of an independent judiciary, independent court and independent judge and explains the difference between the concepts of judicial independence and judicial impartiality. After the introduction, the thesis describes in detail the steps which have been undertaken in Hungary and Poland since 2010 and which enabled to paralyze the independence of the judiciary in these states. The detailed description of the attacks against the independent judiciary helps to conceive different kinds of techniques by which can be the judiciary influenced. These techniques are categorized in the third part of the thesis. More attention is given to the court- packing technique and to the technique of disciplinary proceedings with judges. Another part of the thesis is dedicated to the second research question - how one can successfully fight against techniques of influencing an independent...
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The Conformity of the Managerial and Democratic Imperatives of Governance in Non-Governmental Organizations (Comparison betwěeen Berlin, Cairo, and Prague)
Abdelhafez, Dina ; Frič, Pavol (advisor) ; El Baradei, Laila (referee) ; Pospíšilová, Tereza (referee)
Governance is derived from the French word "gouverner", so Good Governance refers to the way to control, steer, rule, and direct the organizations by the individuals who are in charge of the management affairs. The study uses the theory of Alexis de Tocqueville (1956), which emphasizes the importance of the presence of democracy to manage the internal tasks of the organizations, so these NGOs can play a role in fostering democracy in civil society. The study intends to find out the imperatives of good NGOs' governance through linking the daily operational tasks and the applications of democratic principles inside NGOs by using the qualitative research method to collect information and compare the implementation of the imperatives of good NGOs' governance in organizations in Berlin, Cairo, and Prague. Thus, the study presents two normative frameworks; the first one is to conceptualize and operationalize the imperatives of good NGOs' governance through integrating democratic theory with the representation and participation schools, and the second one is to examine the influence of the internal and external factors on the implementation of these imperatives in NGOs. The thesis categorizes the "Good NGOs' Governance Imperatives" into managerial imperatives and democratic imperatives. The managerial...
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The rule-making power of the European Commission
Lenfeld, Jiří
The rule-making power of the European Commission, dissertation Mgr. Mgr. Jiří Lenfeld, M.A.; supervisor: doc. JUDr. Richard Král, Ph.D., LL.M. Charles University, Faculty of Law, Department of European Law Prague, March 2013 The aim of the dissertation is to analyse the role of the European Commission in the legislative process of the European Union with the focus on procedures for adoption of legally binding Union acts. The European Commission is one of the main institutions of the European Union. It represents and upholds the interests of the EU as a whole and manages the day-to-day business of implementing EU policies. However, to limit the role of the European Commission to that of an executive body would be misleading. Its role in the EU institutional system is much broader than that. The European Commission is the most important legislator among the EU institutions and is also empowered with an almost exclusive power to submit drafts of EU legal acts. The rule-making power of the European Commission could be seen from two different points of view. In a narrow sense of the word it could be seen as a power conferred on the European Commission by the Treaties to propose drafts and to adopt EU legal acts implementing legally binding Union acts. However, the exercise of the rule-making power may...
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The Temptation of illiberal democracy in the postcommunist Europe
Ščeblykin, Kirill ; Pithart, Petr (advisor) ; Ondřejková, Jana (referee)
The temptation of illiberal democracy in the postcommunist Europe Abstract This thesis deals with the concept of illiberal democracy. In the first half it sums up the debate from which the concept arose. It describes the difference between liberalism and democracy and it also explains how these two concepts are interconnected. It describes the concept of defective democracies as conceived by Wolfgang Merkel. I also outline the constitutional aspects of the debate about illiberal democracy. In the second half the text applies Merkel's theoretical framework to analyse the cases of Poland and Hungary. The period of time, that was chosen, starts with the moment when parties Law and Justice and Fidesz gained majorities large enough for profound institutional changes. The period ends with activation of article 7 of the Treaty on European union. The text follows the structure of the Merkel's criteria. It analyses, how the voting rights and free access to power were preserved in both countries, if the political decisions are taken by elected representants, if there is a mutual control between the institutions and to what degree can the state power intervene into the private sphere of the citizens. I conclude that both Poland and Hungary could not be called liberal democracies in the period under review. The Polish...
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Analysis of Polish Judicial Reform in the Line of Recent ECJ Judgment - Commission vs. Poland
Shushanashvili, Ketevan ; Solanes Mullor, Joan (advisor) ; Šlosarčík, Ivo (referee)
The judicial system of Poland is at the forefront of public, constitutional, political and legal debates of the European Union. Different aspects of rule of law in Poland, such as independence of judges, their right to irremovability, the alleged intention of the government to occupy and impact Polish judicial sector are discussed among academics. The aim of this research conducted throughout the thesis is to add complete and all-inclusive analysis of the recent judgment of European Court of Justice (hereinafter: "ECJ") regarding lowering retirement age of judges to the ongoing academic literature. Furthermore, before reaching that conclusion, providing the reader with the review of Polish political debate, the responses of European Union institutions and analysis of the necessity of the reform for Polish judicial system. Powered by TCPDF (www.tcpdf.org)
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Unrestrictable core of human rights as a precondition for democratic rule of law?
Kubitová, Alžběta ; Kysela, Jan (advisor) ; Preuss, Ondřej (referee)
A democratic rule of law state combines two legal principles: the principle of democracy and the principle of rule of law. The democratic principle requires rule of the people and therefore implicitly the protection of political rights (in particular the right to vote, freedom of speech, freedom of assembly and association) that allow an individual to actively participate in the political community. The formal conception of rule of law, which is defined by the exercise of state power based on law, requires in particular the right of access to a court and the right of due process, which guarantee genuine enforceability of the law. The material conception of rule of law requires a much wider range of rights: according to Czech jurisprudence essentially all that are included in the Charter. This does not mean that any interference with the abovementioned rights means that a state is no longer a democratic rule of law state; if it did, there would not be a single democratic rule of law state in the world. However, any interference with fundamental rights must be carried out according to statute, must be proportionate to a legitimate aim and not interfere with the unbreachable core of human rights. The unbreachable core of a fundamental rights is a limit for the proportionality test; it is the core of...
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Central bank independence and its international dimension
Mišák, Vojtěch ; Horváth, Roman (advisor) ; Kučera, Adam (referee)
The aim of the bachelor thesis is to investigate central bank independence with the stress on its international dimension. We use spatial analyses to show the spatial spillover effect of central bank independence. We give few possible economic explanations, why central banks influence each other's independence. Because our data suffer from spatial correlation in error terms we had to used GMM estimation of our models. The most important finding of our research is that the distance is an important factor when describing the international dimension of central bank independence. Interested reader can look at the estimates of our control variables (Central bank transparency, Rule of law, Growth of GDP, membership in international organizations, Openness to trade and Inflation targeting regime) to better understand what determines the level of Central bank independence. Probably the most important finding are the estimates of Rule of Law, Growth of GDP and OECD and WTO membership. Surprisingly, Rule of Law has a negative impact on the level of central bank independence. On the other hand, countries that are members of OECD and WTO tend to have more autonomous central banks. Finally, we have compared our results to existing literature.
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