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Ethical rules of conduct of judges in the Czech Republic
Bajzíková, Veronika ; Urban, Michal (advisor) ; Ondřejková, Jana (referee)
Ethical rules of conduct of judges in the Czech Republic This master thesis deals with ethical rules of conduct of judges in the Czech Republic. I chose the topic because in this area there is lack of scientific literature given to the topic of professional ethics in general and even less literature directly addressing the professional ethics of judges. The main objective of this thesis is to provide the most comprehensive picture of the professional ethics of judges in the Czech Republic and the resources on which it puts. The topic is brought to the reader within five chapters. The first chapter introduces the reader to the topic of ethics and its relation with morality and law and brings the view from the perspective of philosophy and legal theory. The second chapter deals with professional ethics and professional ethical codes, presents to the reader what the professional ethical code should be like. The content of the third chapter is in the first place to introduce the reader to the character and personality of the judge, his status in the legal system and, above all, the analysis of the professional ethics of judges. This chapter is the core of the work and in the analysis of various aspects of professional ethics draws on information acquired in the previous chapters. The main basis for this chapter...
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Constitutional guarantees of Impartiality of Judges and its Social connotations
Žižko, Igor ; Suchánek, Radovan (advisor) ; Janstová, Kateřina (referee)
Modern society is based on respect for the individual and at the same time it has created the institute of justice under which parties, in the interest of maintaining social cohesion, should resolve their disputes using the system of applying rights. The task of the judiciary is therefore to be an impartial arbiter, which is an absolute criterion for the acceptance of authoritativeness of this body, or more precisely the functionality and signification of this institute within the social contract. Only an unbiased judge can be the only guarantee for the nemo iudex in causa sua principles to be observed. The European Convention imposes on the states - members of the Council of Europe such legal conditions which guarantee every country the right for their affairs to be discussed fairly, in public and in a reasonable time limit by an independent and impartial court established by law which will decide about their civil rights and obligations or of any criminal charges raised against them. The Constitutional Order of the Czech Republic guarantees everybody the right to a fair trial conducted in accordance with the law before an impartial judge. Constitutional guarantees of fair legal proceedings before an impartial judge are supplemented with legal rules of the sub constitutional law. Yet, it is the...
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Position of a judge during evidence proceeding in contentious procedure with regard to the practice
Tajovská, Ludmila ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The main goal of this master's degree thesis is to provide information about position of a judge during evidence proceeding in contentious procedure with special focus on production of evidence. In the text I often use particular decisions of the Constitutional Court of the Czech Republic and the Supreme Court of the Czech Republic to demonstrate how theoretical legal institutes are applied in practice. I have decided to choose this topic because I am very interested in judge's profession and its practical aspects especially within evidence proceeding. More reasons for my research are stated in the very first introductory part of my theses. The whole theses is composed of three parts and each of them dealing with different sides of evidence proceeding or position of a judge within the meaning of his rights, duties, activity and also responsibility. Part One generally characterizes evidence proceeding and it makes the foundation for following part that is focused on partial phase of evidence proceeding (i.e. production of evidence). This part is divided into four chapters. The first chapter describes contentious and non-contentious procedure and also gives an explanation of main distinctions between these concepts. The second chapter concerns with basic principles of justice and civil procedure. The...
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Mutual comparison of the appointment of judges in Czech Republic and on the basis of the merit system.
Němec, Tomáš ; Antoš, Marek (advisor) ; Kudrna, Jan (referee)
Mutual comparison of the appointment of judges in Czech Republic and on the basis of the merit system The diploma thesis deals with a comparison of the appointment of judges in the Czech Republic and an appointment of judges based on merit system. The aim is to describe in detail both systems and determine whether the application of the principles of a model example of the appointment of judges based on merit systemis possible to apply in the Czech Republic. In the first chapter I set the basic assumptions of a judge that any judge should meet. Using these assumptions I also compare both systems the appointment of judges. The ideal system for appointing judges, in my opinion, should be set so that on its basis were appointed judges who are independent and impartial, accountable, trustworthy, intelligent and have the necessary experience and moral assumptions. The second chapter is devoted to the current system of appointment of judges in the Czech Republic, where I describe the current legislation and appointment of judges that deal with the process that precedes the appointment of judges by the President. At the end of the second chapter I summarize how the current system for selecting judges take into account the criteria mentioned in the first chapter. In the third chapter I present system of...
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Professional ethics of judges in the Czech Republic
Friedel, Tomáš ; Kysela, Jan (advisor) ; Kosek, Jan (referee)
The purpose of this Master degree thesis is to introduce reader the professional ethics issues of judges in the Czech Republic. The thesis is composed of four chapters. The inner system of thesis was designed in a way that guarantees that level of abstraction falls as the thesis progress continues. In chapter one, there are explained the most abstract terms connected with professional ethics in general as a morality, ethics and law. There is also recognizable attempt to find relationship between mentioned terms. Second chapter, as a whole, is devoted to idea of profession and professional ethics. Text is focused on possible modification of relationship between ethics and professional ethics and it also refers about differences between profession and occupation. Last but not least there are as examples of professional ethics mentioned two "non-judges" professional ethics. In chapter three is described a fact the most regulation of judges conduct in Czech Republic is set down in positive law mainly. In addition of that, in chapter three there is mentioned attempt of judges self regulation in issues of professional ethics, which was realized by independent Czech judge's organization Judges Union of Czech Republic. Scope of the last chapter is used for utilization of knowledge contained in antecedent chapters....
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Comparative analysis of judge profession in the Czech Republic and in Spain and analysis of relevant legal terminology.
VYHNAL, Vítek
The aim of my bachelor thesis is to describe the legal regulation of the profession of judge in Czech Republic and in Spain and to compare them and find their similarities and differences. The secondary aim is to analyze the applied Spanish legal terminology. The thesis is divided into six major chapters which are further divided into sub-chapters. The first chapter introduces the most important legal regulation of judicial system in both countries. The second chapter presents the system of courts in Czech Republic and Spain whiles the third chapter compares both legal regulation and the court system. I would then provide a detailed description of the profession of judge in both countries. The penultimate chapter serves to compare the profession of judge in Czech Republic and Spain based on the information from the previous chapters. The last chapter presents an analysis of the relevant Spanish legal terminologies and I would include a Spanish-Czech glossary. In my conclusion, I would summarize the results of my thesis in the Spanish Language. Key words: judge; court; court system; profession of judge in Spain
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Comparative analysis of the legislation concerning Czech and French "magistrature" and analysis of the relevant French legal terminology
TALÍŘOVÁ, Marta
The aim of my bachelor thesis is to describe the legal regulation of the professions of judge and public prosecutor in Czech Republic and in France and to compare them and find their common features and differences. The secondary aim is to analyze the applied French legal terminology. The thesis is divided into six major chapters which are further divided into sub-chapters. The first chapter inroduces the most important legal professions in the Czech Republic and in France and the second chapter presents the laws which regulate the positions of judges and public prosecutors in the two countries. The third chapter focuses on a detailed description of the legal regulation of the profession of judge in the Czech Republic and in France. The fourth chapter is dedicated to the description of the legal regulation of the profession of public prosecutor in both countries. The fifth chapter deals with a comparison between the two professions in both countries based on the information from the previous chapters. In the last chapter an analysis of the relevant French legal terminology is made and a French-Czech glossary compiled. The thesis is concluded with a summary in French language.
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A Comparative Analysis of the Czech and Spanish Justice
PROCHÁZKOVÁ, Pavla
The bachelor thesis discusses judiciary of Spain and the Czech Republic and creates the comparative analysis of the both judiciary systems. The comparative analysis is one of the fundamental aims of the thesis. It gives more details about the judiciary of Spain. Preliminary the thesis presents the history of judiciary and important landmarks concerning laws. Then it describes contemporary laws, especially the constitutional and organic laws. Next part is focused on fundamental principles. It creates a very important part of the thesis because it completes the structure and function of spanish and czech judiciary. Heart of the thesis is the description of the spanish and czech judicial structures and their comparison. Last part is dedicated to the topic of judges and members of jury. A summary in Spanish and a billingual glossary are included.
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Home Violence in the Czech Republic from the View of Law and Profession
HLEDÍKOVÁ, Veronika
Recently we have finally lived to experience of few changes in area of home violence in the Czech Republic. I mean the changes of legislation, but also changes in the spirit of helping professions and other professions , which experince difficulties with the home violence. The way has been long and it is still far from the end. I would say, that the biggest participation on these changes belongs to non-profit-making organizations, which have involved themself in these problems for many years. In my work I went through the way of changes and these, who features them in the profession. In the first part I focused on changes in legislation, next part I turned to professions,which deal with these problems. One part I also focused on non-profit-making organizations and statistical data.
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