|
|
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...
|
|
|
Extraordinary Appeal
Střesková, Markéta ; Šámal, Pavel (advisor) ; Bohuslav, Lukáš (referee)
1 Extraordinary appeal Abstract In my master's thesis I deal with one of the extraordinary remedial measures in criminal proceedings. The extraordinary appeal, along with the complaint against the violation of the law and the retrial, is a formalized extraordinary remedial measure. It can be used only to contest decisions of the court in the second instance if decided on its merits and permitted by law. It was introduced into the Czech legal system particularly to grant equal rights to both parties, when the accused himself may file an extraordinary appeal in the Supreme Court through his defence counsel. The aim of the thesis is to provide the reader with a comprehensive analysis of individual provisions of the Code of Criminal Procedure dealing with the extraordinary appeal in relation to case law of the Supreme Court and the Constitutional Court of the Czech Republic and professional literature, focusing on problematic aspects of the extraordinary appeal in criminal proceedings. The thesis is based mainly on professional literature and case law and uses descriptively-analytical and comparative writing method. The thesis consists of introduction and ten chapters, which are further divided into subchapters and conclusion. The first chapter deals with the concept of the extraordinary appeal, it is an...
|
|
|
Extraordinary appeal
Marada, Radim ; Pelc, Vladimír (referee)
The thesis is devoted to the issues associated with an extraordinary appeal in criminal proceedings. An extraordinary appeal is an extraordinary remedial measure by which final decision of the court may be contested if the court decided in the second instance and the law permits it. The chapter seventeen of the Rules of Criminal Procedure consists of 18 sections which represent the main source of law to this extraordinary remedial measure. The thesis focuses on their analysis while taking the literature and case law into account. Therefore, the paper aims to point out the problematic aspects of corresponding sections and case law that determine the conditions by which an extraordinary appeal may be lodged and processed. Naturally, the paper also seeks to convey the ideas of solving the particular problems in which its readers have been introduced in the thesis. Brief comparsion to the rest of the remedial measures contained in the Rules of Criminal Procedure is also presented. The thesis consists of the introduction, nine individual chapters and the conclusion. The individual chapters are divided into subsections to make the content of the paper easier to be oriented within. The first chapter deals with the conditions of admissibility of an extraordinary appeal. The term decision on the merits is...
|
|
|
Application for an appeal rewiev in civil procedure
Jaroš, Adam ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The Application for an appeal review in civil court proceedings is an exceptional remedy, which may brought against final decisions of the Court of appeal. Through the application for an appeal review the Supreme Court of the Czech Republic not only corrects the defects of legal decisions of courts of appeal, but at the same time it keeps an eye on the unification of the decision-making practice of the courts of appeal. The legal regulation of the application for an appeal review is contained in particular in the Code of civil procedure, as amended, and its minor styling techniques can be found also in the Act on the special legal proceedings, and in the Act on courts and judges. Due to quite complicated legislation and high procedural demands that are placed on the application for an appeal review, is this extraordinary legal remedy a frequent subject of the decisions of the Supreme and the Constitutional Court, whose conclusions are in many decisions fundamentally distinguishing. These contradictions in such conclusions often makes legal regulation of an application for an appeal review even less transparent. The Code of civil procedure lays down the fundamental prerequisites to the admissibility of the application for an appeal review and its requirements. In the preparation of the application...
|
|
|
Extraordinary Appeal
Marada, Radim ; Šámal, Pavel (advisor) ; Vokoun, Rudolf (referee)
The thesis is devoted to the issues associated with an extraordinary appeal in criminal proceedings. An extraordinary appeal is an extraordinary remedial measure by which final decision of the court may be contested if the court decided in the second instance and the law permits it. The chapter seventeen of the Rules of Criminal Procedure consists of 18 sections which represent the main source of law to this extraordinary remedial measure. The thesis focuses on their analysis while taking the literature and case law into account. Therefore, the paper aims to point out the problematic aspects of corresponding sections and case law that determine the conditions by which an extraordinary appeal may be lodged and processed. Naturally, the paper also seeks to convey the ideas of solving the particular problems in which its readers have been introduced in the thesis. Brief comparsion to the rest of the remedial measures contained in the Rules of Criminal Procedure is also presented. The thesis consists of the introduction, nine individual chapters and the conclusion. The individual chapters are divided into subsections to make the content of the paper easier to be oriented within. The first chapter deals with the conditions of admissibility of an extraordinary appeal. The term decision on the merits is...
|
|
|
Application for an appeal review on the points of law in civil procedure
Hrbek, Tomáš ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
This thesis focuses on the effective regulation of the application for an appeal review reflecting it from the point of its value background, historical development and the relevant case-law. With an intention to point out the necessary backing for the critical assessment of specific elements and the present form of the application for an appeal review in a civil procedure as a whole, the thesis deals with the theoretical basis of the legal remedies in the civil procedure and with the role of the application for an appeal review in their effective regulation. In the thesis, particular attention is paid to the purposes of the application for an appeal review, i.e. to the unification of the case-law and the protection of the rights of an individual in a particular case, as far as to their relation to the legal certainty resulting from the final decisions, which the use of the application for an appeal review undermines. The thesis contains the general conclusions on the relationship between these values and the conclusions on the appropriateness of the regulation of the particular elements of the application for an appeal review, which are connected with these values. A special chapter of this thesis deals with the history of the appeals focusing only on that facts and legal constructs, which are...
|
|
|
Application for an appeal review on the point of law in civil procedure
Hermanová, Michaela ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The thesis aims to describe the new regulation of the application for appeal review introduced by means of an amendment to the Civil Procedure Code made by the act No. 404/2012 Sb. and to assess its compliance with the Constitution. During the preparation of this amendment a part of the Civil Procedure Code (specifically sec. 237 (1) c)) governing the admissibility of the discretionary application for appeal review was cancelled due to being in conflict with the Constitution by means of the decision of the Constitutional Court of 21 February 2012, file No. Pl. ÚS 29/11. For that purpose, at first, the thesis deals with the application for appeal review itself and certain aspects of it, especially the role it has in the Czech legal system. Based on this general part a special part is built dealing with the admissibility of the application for appeal review. Firstly, the admissibility under the old legislation is described, after that the conclusions of the Constitutional Court are critically examined and, finally, the new legislation is described and confronted with the findings of the Constitutional Court. The Constitutional Court criticized the old legislation for not being sufficiently predictable. It concluded that in order for the new legislation to comply with the Constitution the potential...
|
|
|
Application for an appeal review on the points of law in civil procedure
Polánský, Adam ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Resumé The official title of my thesis is Application for an appeal review on the points of law in civil procedure. The main objective of this thesis is to describe the development of an institute of an application for an appeal review throughout the legal history of the civil procedure in the area of the Czech Republic up to current state, with a particular focus on the conditions of admissibility of such application and its essentials. My thesis is composed of three chapters. The first chapter is to introduce the reader to the historical development of an application of an appeal review from the very beginning in the 18th century up to date. In particular, the landmark Constitutional Court decision (sp. zn. Pl. ÚS 29/11) is emphasized in the end of the chapter. The second chapter deals with the actual legislation of an application for an appeal review in The Code of Civil Procedure. Its main goal is to describe this institute as whole. It is also to provide the reader with further analysis of some controversial issues of the actual legislation as the conditions of admissibility of an application and its essentials required by the law. Finally, it manifests the attitude of the judiciary towards these problematic features of the actual legislation. The third chapter contains the brief explication about an...
|
|
|
Extraordinary remedies in criminal proceedings
Fejklová, Lucie ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
Remedies in criminal proceedings are designed in particular to remedy and rectify errors and mistakes occurring in the course of the proceeding, and as such serve for the review and rectification of both legal and factual defects. Remedies may be ordinary or extraordinary. Ordinary remedies include appeal, complaint and protest, while extraordinary remedies include extraordinary appeal, complaint for breach of law and renewal of proceeding. The principal prerequisite for the stability of final and enforceable decisions in criminal proceedings is their unchangeability. It is impossible to rule out a serious error, and such a defect in the final and enforceable decision of a law enforcement or judicial body may occur as a result that insisting on its binding and unchangeable nature would disrupt fair and correct decision-making. The finality and enforceability of a decision ought to be pierced in exceptional cases only, and then only when it is necessary and when the stability of the decision cannot be insisted on. Extraordinary appeal was introduced into the Czech legal order by the 2001 amendment to the Criminal Code. This extraordinary legal remedy serves to remedy enumerated defects in the most important types of court decisions, or to review life sentences. Extraordinary appeal can only be used...
|
|
|
Decision-making of the Constitutional Court of the Czech Republic and its impact upon civil proceedings
Bartoš, Jan ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
Name of the text, you are holding in your hands, could be well translated as "Decesion making of Czech Constitutional Court and its influence on civil procedure." It consist of three very separate parts, each of them following its own topic, linked up together only with major role of Constitutional Court (further "CC"). First chapter is dedicated to a slightly controversial case, which has been widely publicly discussed. The topic is strictly procedural, it refers to the possibilty of higher courts to remove and assign single cases to different judge/panel of judges. Although under certain circumstances allowed, in this case it seemed to be an unjustifed violation of art. 38 par. 1 of Letter of human rights and I conclude arguments, which could justify such restrictive process. Second one is following last ten years of interventions in Code of Civil Procedure, namely in regulation of review of appeal. In the first part are described reasons, why CC consider decision with missing justification unconstitutional and accordingly declares corresponding part of Code of Civil Procedure unconstitutional. In second part I analyze long-term contrary judgements of CC and Czech supreme court on admissibility of review of appeal which resulted in major part of regulation being declared unconstitutional. I...
|
guest ::
