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Price regulation of preparations for medical treatment
Beutlová, Lenka ; Staša, Josef (advisor) ; Svoboda, Petr (referee)
Price regulation of preparations for medical treatment Abstract The present master thesis describes and analyzes the system of medicinal product's pricing regulation in the Czech Republic after the year 1989. The aim is to execute an analysis of the current legal regulation in the context of previous regulation, of particular phases of the process of regulation of medicinal product's prices and to provide a summary of the principles and recommendations as well as to attempt a proposition of future development possibilities. The thesis focuses on Czech legal regulation, decision-making by the judicial bodies, public bodies' activity, as well as on European legislative and jurisdiction. The thesis is divided into five chapters. The first chapter involves the system of pricing and reimbursement regulation of medicinal products into pharmaceutic legislation. The second chapter is divided into two sub-chapters. The first presents the current legal regulation of pricing and reimbursement regulation of medicinal products in the context of international legislation, European legislation and European jurisdiction, as well as domestic legislation. The second chapter also considers public bodies - the Ministry of Health of the Czech Republic and the State Institute for Drug Control - and their activity regarding this...
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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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Administrative discretion and indefinite legal concepts
Šulda, Mirek ; Vedral, Josef (advisor) ; Kryska, David (referee)
1 Abstract This diploma thesis deals with the issue of administrative discretion and vague legal concepts, as legal institutes, which the public administration needs in order to fulfil its targets in the ever-changing social relationships, while simultaneously not committing illegal interventions into the rights and freedoms of individuals. The first and most extensive chapter defines administrative discretion and describes the need for its inclusion into the legislation. This chapter then briefly goes into the history, which intends to remind us of the ground-breaking moments associated with the development of administrative discretion, in order to acquire a complex understanding of this institute. The following text demonstrates the extent of this legal phenomenon's possible application, deals with its embodiment into legal regulations and defines the possibility of discovering its existence, using characteristic terminology. The author further describes the basic conceptual feature of administrative discretion in the form of relative freedom in decision making process, when the administrative authority does not solely work based on a programmed machine, which mindlessly adheres to the law and spontaneously ranks specific facts under the provisions of a general regulation. The conclusion of the first part...
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Principles of administrative proceedings
Mach, Šimon ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
Abstract- Principles of administrative procedure The diploma thesis deals with the analysis of principles of administrative proceedings. The aim of the thesis is a detailed analysis of individual principles of administrative proceedings, which form the basic model of all administrative proceedings. In the first chapter I use the historically comparative method to analyze origins of the individual principles and transformations of these principles which occured as part of the development of a codified regulations of the administrative procedure. The main part of the thesis is the analysis of the individual principles, for which the analysis of the sources of these normatives is neccessary, which is the content of the chapter of the second chapter. In the scope of the analysis of the sources of principles, I deal with the national and international levels. The chapter is divided according to the traditionally recognized hierarchy of legal norms and its first subchapter is therefore devoted to the principles contained in the constitutional order. The second subchapter deals with the principles of international law, focusing on both binding international documents and non-binding soft-law documents. The first part of this chapter is devoted to the principles resulting from the publications of the Council of...
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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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Administrative discretion and indefinite concepts of law
Petrmichl, Václav ; Vedral, Josef (advisor) ; Rajchl, Jiří (referee)
Cizojazyčné resumé My diploma thesis deals with the issue of the administrative consideration and indeterminate legal terms. In first chapter are mentioned theoretical fundamentals of administrative consideration and analysis of application principles. There are also described main conceptual features - provision of law as a legal basis, freedom in decision making proces and possibility to choose an optimal solution of the issue, conclusion, that discreation is not an inherent attribute of decission making proces within public administration, limits of dicretion, which can be deduced from provision of law (concretised limits) and basic principles of public law (general limits) and finally legal requirements for reasoning for the decision, based on administrative consideration. Second chapter describes indeterminate legal terms. At first text clarifies process of interpretation and subsumption facts under such terms, explains reasons and consequences of using this terms in law regulations. Chapter three deals with very common phenomenon - coexistention of administrative consideration and indefinite legal terms in one legal provision. Author analyses relations between them and then reccomend, with respect to judicial conclusions, how to carry out the process of aplication properly. In chapter four author...
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Keeping records of administrative delicts
Růžičková, Zuzana ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This master's degree thesis deals with keeping records of administrative delicts in the Czech Republic. It mainly focuses on the central register of offenses which is new, yet unknown institute. Its implementation was recently approved by Parliament. Even though the law is not yet effective, it has attracted considerable media interest since it aims to deal with minor offenses relapsing. The reason for my research is to examine these new possibilites. The purpose of my thesis is to summarize the existing situation in the field and to analyze various aspects of the new central register. The thesis is composed of seven chapters. The preface introduces the topic, the structure and the main goals of this thesis. The second chapter is theoretical. It briefly defines basic terminology and explains what is an administrative offence, in which categories it can be divided and what are its essential features. The third chapter examines which registers do we have, which information can we find there and what is their purpose. The fourth chapter concentrates on issues related to the central register. I compare the pros and cons and also give a thought about whether or not to punish minor offenses relapse by criminal law. The fifth chapter is devoted to the central register of offenses in the form it was approved by the...
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The powers of municipalities and regions
Konradová, Jana ; Kopecký, Martin (advisor) ; Svoboda, Petr (referee)
1 Resume The thesis is divided into two large units, on a theoretical and practical part. Follow the practical part of the work is to be divided on an assessment of selected aspects that are covered by municipal and provincial governments at the European level and in this context, then followed by a separate section on comparative evaluation of the scope of local government in selected European countries. I will focus first on the theoretical part. The issue of regions and municipalities evaluate first in the context of Czech legislation and then subsequently focus on each selected legislation relating to European legislation related to issues of regions and municipalities. Choice of thesis topic was selected based on an appropriate combination of administrative law issues and focus on the broader context of legislation within the EU, which focuses mainly practical part. With regard to the comparison of the Czech legislation and issues of European legislation, so we can get a rich variety of assumptions and considerations, which could be formulated in the context of the considerations de lege fedenda at the level of regions and municipalities. The main concept of the theoretical part is the local authority. Can we talk about the fact that public administration is carried out at its lowest possible level,...
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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...
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