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Publication of salaries in administration
Kračmar, Jiří ; Korbel, František (advisor) ; Handrlica, Jakub (referee)
Disclosure of salaries of public authority employee - abstract This thesis is concerned with the issues of legal interpretation of key provision of Act No. 106/1999 Coll. on free access to information relating to disclosure of salaries of public authority employee. The thesis introduction is focused on the constitutional aspects of the right to information and the right to privacy. It is also focused on the collision of these two fundamental rights. The following chapter examines the disclosure of salaries of public authority employee regulation and discovers and expounds the intended meaning of this regulation by the principles and rules of standard methods of interpretation, especially lingual interpretation, systematical interpretation, historical interpretation and teleological interpretation. This chapter provides the lingual meaning of key provision of Act No. 106/1999 Coll. on free access to information, presents brief look at relationship between the disclosure of salaries of public authority employee regulation and other norms and legal acts of the European Union and finally finds the content, sense and purpose of the regulation from both subjective (historical) and objective (teleological) point of view. This chapter also deals with case law analysis. The focal discussion point of this thesis is...
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Journalists and access to information
Koktová, Alena ; Hanák, Peter (advisor) ; Hájek, Roman (referee)
The aim of this thesis entitled Free access to information from the perspective of journalists is to find out how Czech journalists use the institute of free access to information. The work is based on analysis of specific articles published on the Czech news portals and in the newspapers and also on interviews with prominent Czech journalists, who provided their practical experience from practice. As a result, the thesis charts in which cases and with what success the journalists act according to the law on free access to information. Although the law provides only minimum of exceptions, in which statutory bodies may not provide the information, the actual practice does not respond to. Journalists are often confronted with all sorts of excuses why the office cannot provide the information. The most common reasons for denying the request for information is the protection of personal data, trade secrets and the condition of payment the costs of extremely extensive search. The structure of work corresponds to those reasons - first two sections contain an introduction to the issue of the right to information and freedom of access to information and the next three sections are devoted to the mentioned reasons why some authorities reject the requests of journalists. Each chapter contains a description...
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Comparison of U.S. and Mexican approach to freedom of speech
Drhlíková, Eva ; Kozák, Kryštof (advisor) ; Raková, Svatava (referee)
Freedom of expression is a fundamental human right which is important not only for the intellectual integrity of an individual but also for the healthy development of the whole society. The work represents both general arguments for freedom of expression and codification of freedom in two different legal cultures. In the United States the freedom of expression is protected by the First Amendment of the Constitution, which complements the rich jurisprudence of the Supreme Court of the United States. In Mexico, the right is regulated in Article 6 of the Constitution. The work shows how both countries reached the current legislation on the basis of examination of legal developments and cultural values. The values of the societies are presented on the basis of Hofstede's cultural dimensions. The core of the thesis is to compare the legal limits, which is made primarily on the basis of judicial practice of the Supreme Courts of both countries. Emphasis is placed on four main areas which are related to freedom of speech: (i) fighting words including hate speech, (ii) symbolic speech, (iii) obscenity, and (iv) defamation. In addition to the legal limits the work interprets also the most significant actual limits in both countries. Finally, the author examines the relationship between freedom of expression and...
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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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Information on the environment
Švecová, Klára ; Franková, Martina (advisor) ; Humlíčková, Petra (referee)
Although these days, we can perceive the right for environmental information as something automated and quite natural in a democratic society, we must realize that it was far from it in the past. Hand in hand with the principle of secretiveness of state administration, the public had virtually no possibility to obtain information concerning not only the state of the environment but also general information concerning almost anything. It is not surprising after all because before 1989, neither the general right for information nor the right for environmental information were protected by law, less alone by the constitution. Nevertheless, the democratic changes which took place after the Velvet Revolution produced changes also in the field of the right for information and this right was, both generally - as a right for information, and specifically - as a right for environmental information, included in the legal regulation of the greatest legal force, the Charter of Fundamental Rights and Freedoms, which became a part of the constitutional order of the Czech Republic on the basis of the resolution of the Czech National Council presidium No. 2/1993 Coll. On the basis of its constitutional protection, the right for environmental information was provided for also by law (Act No. 123/1998 Coll.) and...
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Obstructions connected to the right to information
Tuláček, Michal ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The master thesis's topic are obstructions connected with the execution of the right to information, both by obligated entities as well as by information requestors. The right to information is a political right anchored in the Charter of Fundamental Rights and Freedoms and also in the international contracts stipulating human rights. Its definition is relatively wide, but not unlimited, because next to it from constitutional order flow other rights, freedoms or legitimate national interests, with which the right to information can be in conflict. In particular, it is concerning the law on protecting privacy or the national interest for protecting secret information, whose disclosure could endanger the national safety. The right to information can collide with other rights, freedoms or interests, therefore can be rightfully restricted and it is possible not to provide the requested information. However, such a restriction has to be anchored in the law and must be proportional and essential to the protection of rights and freedom of others, national safety, public safety, protection of public health and morals.in a democratic society. In reality, the right to information is restricted also for reasons unforeseen by the law. The right to information is nonetheless incorrectly executed even in cases of some...
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The right to information as a fundamental human right
Kolman, Jiří
When analysing free access to information of the EU institutions it is needed to clarify the fundamental theoretical question of law, if that law can be considered as a basic human right exercisable, inter alia, in international law application. Currently EU law oscillates between supranational approach and intergovernmental point of view using diplomacy rules (international law). Is there, in the case of the EU institutions, space for full access to information, as we are used to it in the case of the EU member states?
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Right to Internet
Lexová, Alžběta ; Trávníčková, Zuzana (advisor) ; Kobelková, Lucie (referee)
The Internet is one of the phenomenons of our time. As of speed and reach it surpasses all media on the world and unlike every other medium it actively engages all people to the process of creating the news. Basic attributes of the Internet make it a power standing above states -- it crosses national borders and doesn't have any direct owner -- and at the same time these attributes make it a power that is practically almost unregulatable. The Internet is regulated on a national level, but there are attempts to pay attention to it on the international level as well. The UN, Human Rights Council especially, examines the issue of the access to the Internet as a human right. This thesis examnies the effort of international community to formulate right to Internet as a human right. The right to Internet can be observed in two ways -- as a right to the content of the Internet and as a right to the technology of the Internet. This thesis observes both these dimensions and examines the international community's stance to their incorporation in the catalogue of human rights.
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Right to privacy versus right to information
Škopec, Antonín ; Sigmund, Tomáš (advisor) ; Toman, Prokop (referee)
This paper concerns with collisions between two fundamental human rights -- between right to privacy and right to information. In some cases, one of these rights must be limited, in order to fulfill the other right. It is very difficult to decide, which of these rights should take precedence in these conflicts. This paper tries to deal with question whether there can be found a general principle, how to handle these collisions of rights.
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The attempt to solve dilemmas in the field of information ethics
Suntychová, Jana ; Sigmund, Tomáš (advisor) ; Vaněk, Jiří (referee)
This work is focused on information ethics dilemmas and outlining their solutions. The first part describes the situations with respekt to a question if there is a need of new ethical theories or if the theory of general ethics is sufficient.It is followed by the rest of the work where the author tries to show if dilemmas are solvable by selected general ethical theories. The work focuses on two areas of ethical problems, the right to information and the right to privacy. Selected theories include teleology, deontology and ethics of responsibility. The description of these theories is followed by their application on selected cases where there are described not only the ethical findings but also the law and the other information that is relevant to these cases.
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