|
|
Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Summary The public administration itself is bound by applicable laws rules. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strictly legal procedure with corresponding legal mechanisms, which aim to remedy of status cause by unlawfull action or inaction of the public administration. Moreover, if conditions laid down by European Convention on the Protection of Human Rights and Fundamental Freedoms are met, an individual has a right to apply to the European Court of Human Rights (Strasbourg) for a revision of a challenged act of public administration, which is considered to be as a final and conclusive from the point of view of national law. The object of this Thesis focuses, in particular, on analysis of individual means of protection of rights in public administration and their mutual relationships between them at level of legal regulation de lege ferenda. Also, it cannot be disregarded the assessment of effect of courts' decisions or doctrine, including stating own knowledge based on the practice particularly in the area of administrative law. The Thesis focuses on the issue of the protection of individual public rights. As a consequence, legal means designed to provide protection of law in objective sense (that is...
|
|
|
Legal Analysis of the Process of Children's Nursery School Enrolment
Oplová, Jaroslava ; Kitzberger, Jindřich (advisor) ; Svoboda, Petr (referee)
TITLE: Legal Analysis of the Process of Children's Nursery School Enrolment AUTHOR: Jaroslava Oplová DEPARTMENT: The Centre of School Management SUPERVISOR: RNDr. Jindřich Kitzberger ABSTRACT: The paper work deals with individual operations in the process of admitting children to the nursery schools, following primarily the Education Law and Civil Service Rules. The legal frame of administration authority actions such as contained in the Civil Service Rules is rational, however very extensive. A thorough knowledge of additional related legal regulations is necessary to observe legitimacy in the course of entire administrative procedure. The admission standards become significantly involved, according to which the ranking of applicants is determined. After passing the Law No.49/2009, which altered the Law No. 561/2004 of Statute Book on preschool, elementary, secondary, college and other education (Education Law), in reading of later regulations, discrepancies in legal provisions of Education Law in the decision-making field concerning also preschool education have happened, as the decision-making in admission to nursery schools was removed from the scope of the Civil Service Rules. Even the expectations concerning implementation of the principles for admission process to preschool education into the...
|
|
|
The office of Ombudsman in the Czech Republic
Kuchariková, Alena ; Hofmannová, Helena (advisor) ; Kudrna, Jan (referee)
6 Abstract and key-word list The office of Ombudsman in the Czech Republic This thesis addresses the subject of a public defender of rights (PDR) in Czech Republic. Although it has proven itself to be an indispensable institution that contributes to a rightful administration of public affairs, public's awareness about this organization and its activities is relatively inadequate which leaves many aspects of the institution's responsibilities open to misinterpretation. The aim of this thesis is twofold first to provide an overview of the organization's activities and responsibilities to the public, further to propose the necessary alteration to the current law in order to enhance the efficacy and productivity of the abovementioned institute. Moreover to gain a comprehensive view of the public defender of rights, it is vital to specify its position among our legislature and to address its eventual embodiment in the constitution. This thesis comprises of 8 chapters, each of which deal with different aspects of the public's defender of rights position and work. The first chapter deals with the institution's founding, development and general definition of the public defender of rights institution. It is divided into three parts, the first of which contains a brief outline of the institution's establishment and...
|
|
|
A Comparison of the Ombudsman Institute in Northern Europe and the Public Defender of Rights in the Czech Republic
Kostelecká, Karolína ; Matula, Miloš (advisor) ; Pěkná, Jitka (referee)
This diploma thesis creates a general model of the Ombudsman Institution in Northern Europe and draws a comparison to the Public Defender of Rights in the Czech Republic. This thesis introduces a theoretical framework of this topic including definitions for control of public administration, ombudsman, classification of ombudsmen and historical evolution of this institution in selected countries. Based on the analysis of legislation in Sweden, Finland and Denmark, the general model of the ombudsman institution in Northern Europe is created. The comparison between this general model and the Public Defender of Rights Institution brings recommendations for Czech modifications. These recommendations include anchoring ombudsman institution in the Constitution of the Czech Republic, specifying education requirements of the ombudsman in the Public Defender of Rights Act, or increasing the number of ombudsmen, thereby dividing responsibility among several people specialized in certain areas.
|
|
|
The comparison of the concept of ombudsman in selected countries of the European Union
Škařupová, Aneta ; Mitwallyová, Helena (advisor) ; Matula, Miloš (referee)
This bachelor thesis deals with the institution of the Ombudsman of the Czech Republic and it focuses on the comparison of the institution with the selected foreign institutions with the same character of activities at the European Union level. The theoretical part describes the general characteristics of the institution and anchoring of institution in the legal system of reporting countries, with regard to the independence of the Ombudsman that promotes effective control of public administration. The practical part deals with measuring the effectiveness of selected offices by using the benchmarking method. Based on the analysis, we can say that the Ombudsman's Office in the Czech Republic is justified. Citizen´s confidence in the Public Defender of Rights has been increasing recently and it is comparable with the confidence of citizens of Denmark or Portugal.
|
|
|
The legal status of the Ombudsman in the Czech Republic and selected states of EU
Kubařová, Dana ; Spirit, Michal (advisor) ; Kříž, Radim (referee)
The thesis deals with legal status of the ombudsmen in the Czech Republic and selected states of the EU. It is focused on comparison of the ombudsmen in these coutries: Slovakia, Austria, Portugal, Denmark, Great Britain and european ombudsman. The aim of this thesis is to assess the czech institution of ombudsman in comparison with the others as well as offer an insight into his job. The first chapter is focused on the ombudsman in general. The following chapters deal with the ombudsmen in given countries, their competence, power and process of investigating complaints. The final chapter deals with comparison of the obtained results.
|
|
|
The public advocate
Mikanová, Markéta ; Matula, Miloš (advisor) ; Kuba, Jaroslav (referee)
Nowadays the office of the ombudsman is considered as one of the main institutions, which should not lack in any democratic country. The actual ombudsman of Czech republic Mgr. Anna Šabatová Ph.D. solves many causes, of which some are mentioned in this thesis. Public advocate is expected to be independent and available for people to advise them in case of negotiation with institutions, that are in his or her competence. By constitution of law no. 349/1999 Sb. the institution of ombudsman was anchored in Czech republic. The objective of my thesis is to explain the evolution of ombudsman from the moment of the constitution of the law, till present, to analyze the law itself and to focus on the office of the public advocate. Further, I compare the institution of ombudsman with other countries and define recommendations for adjustment of law about the public advocate in Czech republic. First of all I recommend to install specialized ombudsman for different areas, set up requirements of education of public advocate and a possibility to appeal him or her in case of long-term disease, which hinders him or her to perform.
|
|
|
The Ombudsman and his relationship to the judicial power
Rybová, Lucie ; Matula, Miloš (advisor) ; Grospič, Jiří (referee)
The aim of the thesis is to characterize the institution of the Ombudsman, his place in the distribution of powers and, above all, to analyze its relationship to the judicial power. The thesis is divided into five parts, with the first three parts focused on the theoretical description of the institution of the Ombudsman and its role in the control system of public administration. The fourth part characterizes the institution of the Ombudsman, his place in the distribution of power and its relationship to the judicial power. The fifth part is focused specifically on the relationship of the Ombudsman and the courts. The institution of the Ombudsman has the duty to protect citizens against acts of authorities, which may be in conflict with the law, against their inactivity and against the behavior that does not conform to the principles of good governance and the principles of the rule of a democratic State. Unlike an Ombudsman, the courts only protect citizens against unlawful acts. The courts have the availability to render decisions which are enforceable by the State power. The relationship between the Ombudsman and judicial power is characterized by a high degree of independence.
|
|
|
The legal status of the Ombudsman in the Czech Republic and abroad
Gránová, Anna ; Chvátalová, Iva (advisor) ; Žák, Květoslav (referee)
The thesis deals with the legal status of Ombudsman in the Czech Republic and abroad. It focuses primarily on comparison with ombudsman institutions in selected countries (France, UK, Italy, Germany, Poland, Slovakia and the European Union).The first chapter describes the basic characteristics of ombudsman institutions, their development and significance for today's society. The second chapter is analyzed in detail the legislation of the Ombudsman in the Czech Republic. The third and fourth chapter is devoted to ombudsmen abroad. The last chapter provides a comparison of individual laws in mentioned countries.
|
|
|
Legal Status of Ombudsman In The Czech Republic And In The World
Hnátková, Jitka ; Chvátalová, Iva (advisor) ; Spirit, Michal (referee)
The thesis deals with a legal status of the ombudsman, one of the most important institutions of human rights protection. It offers not only a detailed analysis of legal regulations of the Czech ombudsman, but it also deals with a status of the similar institutions in selected countries from different parts of the world (Slovakia, Sweden, Denmark, Italy, South Africa, Georgia, Arizona - USA and European Union. First chapter provides fundamental characteristics of the ombudsman institutions, their history and significance to society of today. Chapter two discusses the legislation of the Czech ombudsman in detail, chapter three concerns itself with foreign ombudsmen regulations. Last chapter deals with comparison of regulations of all the above mentioned countries.
|
guest ::
