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Rejection of an application for citizenship of the Czech Republic due to a security threat
Hlubučková, Kristýna ; Hřebejk, Jiří (advisor) ; Uhl, Pavel (referee)
Rejection of an application for citizenship of the Czech Republic due to a security threat Abstract This diploma thesis focuses on the analysis of a minority opinion, based on the thesis that a restriction of procedural rights of applicants for citizenship whose application was rejected due to a security threat is not fully in line with the principle of poportionality and the fair trial right. The assessment of whether the principle of proportionality has been mainteined is based on comparison of the value of state security and the potential interference with the (fundamental) rights and freedoms of the applicants. Furthermore, the thesis deals with the procedure of the Ministry of the Interior in assessing the positions of the intelligence services of the Czech Republic and the Police of the Czech Republice and the role of the Constitutional Court and the Ombudsman in the proces of reviewing potential interference with (fundamental) rights and freedoms of citizenship applicants. For the purpose of the analysis of the statements outlined above is used: case law of the Constitutional Court of the Czech Republic on the provisons of Article 22 Paragraph 3 and Article 26 of Act No. 186/2013 Coll., On Citizenship of the Czech Republic, and the Explanatory Memorandum to this Act. The studies of academics had been...
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Right to a fair trial in the constitutional court's decisions
Vančura, Jan ; Hofmannová, Helena (advisor) ; Řepa, Karel (referee)
- right to a fair trial in the constitutional court's decisions Right to a fair trial is rather an indispensable tool in the whole inventory of law mechanisms, due to the fact, it's being the only option we have, that enables the substantive law to come alive. Furthermore, it really designs the sole environment for the judiciary, thus being one of the essentials of the modern, democratic state, ruled by law. The thesis consists of five parts. Introduction opens with setting of the questions, the thesis is willing to give the answers to. History, being the important part of examined topic, is touched briefly, bringing upon the main points it's got to say to the contemporary fair trial. Law theory, necessary for the understanding of given topic, is also discussed within this section. Next chapter analyses the "outside warranties" of fair trial, meaning the authorities, responsible for taking the actions strictly under the rule of fair trial, namely the court and administration. Reasons are given, why the vast majority of appeals to the court, (mainly the Constitutional court of the Czech Republic) deal with particularities of fair trial being breached, what is their typical fate and why does such occur. The main part gives the "intrinsic warranties", being usually known under the maxims of the fair...
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Nemo tenetur se ipsum accusare principle
Konečná, Zuzana ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Nemo tenetur se ipsum accusare principle Abstract This thesis deals with the concept and selected aspects of the nemo tenetur se ipsum accusare principle. This principle is one of the fundamental pillars of defence in criminal proceedings and is closely related to the right to a fair trial. The thesis focuses on the principle's theoretical starting points and attempts to outline problematic issues related to the interpretation of its content when applied in practice, particularly with regard to the permissible degree of coercion. The first chapter of the thesis deals with the historical development of the principle in both the continental and anglo-american legal systems. The second chapter contains an overview of how the principle is ensrished in international and national sources of law. The third chapter deals with the relationship between the privilege against self-incrimination and the right to remain silent based on the case law of the European Court of Human Rights and the US Supreme Court. The fourth chapter is devoted to the evidence, in particular the procedural consequences of an infringement in the proceedings, focusing on lawful and unlawful methods of coercion and the individual defects resulting therefrom. The chapter also includes treatise on the doctrine of fruit from a poisoned tree, which...
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The competence of arbitrators for deciding property disputes (from the perspective of their independence and impartiality)
Ryšavý, Lukáš ; Pohl, Tomáš (referee)
The main focus of this doctoral thesis is arbitration; the phenomenon of not only an out- of-court dispute resolution but also international commercial relations. Arbitration is a modern legal institute that is regarded as an equivalent alternative to court proceedings. Independence and impartiality of the arbitrator are very important and at the same time very problematic aspects of arbitration. These two principals accompany the arbitration since the beginning of the modern era of this institution and they are still perceived as essential criteria of the arbitration. Independent and impartial decision-makers are an integral part of the right to a fair trial enshrined in Art. 36 subsection 1 of the Charter of Fundamental Rights and Freedoms and Art. 6 subsection 1 of the European Convention on Human Rights. Although such legislation refers to the court in terms of a state court, in the course of this thesis was demonstrated that these attributes are also applicable to arbitrators, even though they must be interpreted in arbitration proceedings with respect to the characteristics of arbitration. Due to the fact that resolving disputes in this way is the most common approach in international trade, the main focus of this thesis is to depict the issues of independence and impartiality in relation of...
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Admissibility of evidence in criminal proceedings
Nejdl, Oldřich ; Gřivna, Tomáš (advisor) ; Vokoun, Rudolf (referee)
The Admissibility of Evidence in Criminal Proceedings Abstract This thesis dedicated to the issue of legality and admissibility of evidence in the comparison of criminal proceedings in the Czech Republic, the Federal Republic of Germany and the United States of America, and in the case law of the European Court of Human Rights. In this field, the public interest in effective crime suppression conflicts with other legally protected values, in particular the rights and freedoms of an individual. The solution of this collision is attempted not only by legislation itself, but mainly by the decision-making practice of courts in specific cases. Following the introductory explanation of theoretival background, the thesis focuses on specific areas in which questions related to the legality and procedural applicability of evidence regularly arise. Firstly, attention is drawn to the limits in which law enforcement authorities may use coercion or threats of coercion against an individual to provide evidence clarifying the facts of the case, the consequences that can be inferred from refusing such co-operation, and the effects of unlawful coercion on further use of such evidence. The next section deals with the material and formal presumptions of the admissibility of interference with the privacy of an individual,...
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Interim measures in civil proceedings
Horecká, Anna ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Interim measures in civil proceedings Abstract Interim measure is a traditional institution of the civil procedural law, which provides fast and effective protection of subjective rights. However, it is inherent in this protection that it is always only temporary, as it is assumed that the legal relationship between the parties will be settled in the main court proceedings. The aim of this master's thesis is to give a clear commentary on the current legislation of interim measures, both the general interim measure regulated in the Code of Civil Procedure and special interim measures regulated in the Act on Special Civil Proceedings, and to confront the current legislation of interim measures with the requirements of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Master's thesis is divided into four chapters. The first chapter introduces the institution of interim measure in general terms. It describes their basic characteristics, the modification of procedural principles in interim proceedings and outlines the individual types of interim measures. The second chapter is devoted to the general regulation of interim measures in the Code of Civil Procedure. It sets out the reasons for ordering an interim measure, admissibility criteria and description of the interim...
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The Right to Defense in Criminal Proceedings
Hejdová, Petra ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The Right to Defense in Criminal Proceedings - Abstract This rigorosum thesis deals with the issue of the right to defense in criminal proceedings. It aims to provide an overview of its effective legal regulation de lege lata and it also focuses on its problematic aspects. Contemporary interpretative issues are being analysed and also suggestions how to solve them are presented. The thesis is divided into three parts. Whereas the first part is dedicated to the subject of general legal regulation incorporated in the European Convention on Human Rights, the second part includes an analysis of this matter in the Czech legal order and the last part comprises of a thorough study of detailed legal regulation of the specific institute of mandatory defense in the Czech Republic. In the first part of the rigorosum thesis, the right to defense is initially put in the context of the right to a fair trial where its individual specific elements are examined with regard to the European Convention on Human Rights. Given the quite vague formulation of minimal rights set out in the European Convention on Human Rights that only in their complex state form the right to defense in its entirety, the thesis aims to solve unclear aspects of its interpretation as a whole. Grounds for these suggestions are based upon the case law...
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The competence of arbitrators for deciding property disputes (from the perspective of their independence and impartiality)
Ryšavý, Lukáš ; Pohl, Tomáš (referee)
The main focus of this doctoral thesis is arbitration; the phenomenon of not only an out- of-court dispute resolution but also international commercial relations. Arbitration is a modern legal institute that is regarded as an equivalent alternative to court proceedings. Independence and impartiality of the arbitrator are very important and at the same time very problematic aspects of arbitration. These two principals accompany the arbitration since the beginning of the modern era of this institution and they are still perceived as essential criteria of the arbitration. Independent and impartial decision-makers are an integral part of the right to a fair trial enshrined in Art. 36 subsection 1 of the Charter of Fundamental Rights and Freedoms and Art. 6 subsection 1 of the European Convention on Human Rights. Although such legislation refers to the court in terms of a state court, in the course of this thesis was demonstrated that these attributes are also applicable to arbitrators, even though they must be interpreted in arbitration proceedings with respect to the characteristics of arbitration. Due to the fact that resolving disputes in this way is the most common approach in international trade, the main focus of this thesis is to depict the issues of independence and impartiality in relation of...
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Independent and impartial tribunal with emphasis on judgements of the Grand Chamber of the European Court of Human Rigrts
Staňková, Jana ; Tymofeyeva, Alla (advisor) ; Lipovský, Milan (referee)
The right to an independent and impartial tribunal is one of core elements of a fair trial. Therefore, it is vital to lay emphasis on this requirement. Independent and impartial tribunals are the cornerstone of a democratic and modern society respecting the rule of law. Effective fulfilment of this requirement promotes faith in courts, the judicial system and justice itself. Independent and impartial tribunals are a necessary prerequisite to protection of other rights. Although the right to an independent and impartial tribunal is enshrined in many international treaties, this requirement is not always met in practice. This problem is emphasised, inter alia, by the Council of Europe which adopted the Plan of Action on Strengthening Judicial Independence and Impartiality in 2016, due to unsatisfactory fulfilment of this requirement among European countries. The main subject of this thesis is an analysis of judgements of the Grand Chamber of the European Court of Human Rights concerning the right to an independent and impartial tribunal in a wider international context. Case law of the European Court of Human Rights significantly influences not only the general European view on human rights but it has also a substantial impact on the Czech legal environment. This thesis is divided into three...
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The Enforcement of EU Competition Law and Its Compliance with The Right to Fair Trial
Bartoš, Vojtěch ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
The Enforcement of EU Competition Law and Its Compliance with the Right to Fair Trial - the Abstract: The EU is a community based on common values among which the prime role is played by fundamental rights. One of the most important rights which serves also as a vehicle for the protection of other rights is the right to fair trial. That is valid also for the specific field of EU competition law. The European Commission issues in competition proceedings sanctions which are of criminal nature. Such sanction must be either imposed or at least reviewed by an independent court or tribunal with a full jurisdiction. This is a doctrine developed by the ECtHR in Strasbourg under art. 6 of the Convention and it has been well established in its case law for decades. Since the Commission itself is not an independent court or tribunal, its decisions must be reviewed by the ECJ which must exercise the full jurisdiction over the decisions in question. In the past the ECJ was criticised that it did not possess or exercise the full jurisdiction by which it failed to safeguard the standard of fair trial. Although the ECJ accepted the line of case law on criminal nature of Commission's decisions, at times it was indeed rather hesitant to review fully the parts of the decision where the Commission assessed the factual...
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