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Do Constitutional Court's rulings bind lower courts? Doctrinal and empirical perspectives
Drápalová, Jana ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee)
Do Constitutional Court's rulings bind lower courts? Doctrinal and empirical perspectives Abstract Czech doctrinal researchers conclude that decisions of the Czech Constitutional Court are - at least in some respect - bind lower courts pro futuro. Although continental legal systems do not officially subscribe to a doctrine of precedent, a quasi-precedential role of the jurisprudence of higher courts is often defended by theorists. However, this theory of quasi-precedent has never been empirically tested in the Czech Republic. This dissertation constitutes a first such attempt as it examines whether courts actually decide in practice according to the jurisprudence of the Czech Constitutional Court. Specifically, it focuses on a guideline decision by the Czech Constitutional Court on parole decisions made in 2018. The guideline decision emphasized that parole decisions - made by courts in the Czech legal system and not by parole boards or committees - constitute a systemic problem since they are poorly reasoned and as a result they are ambiguous and not persuasive. The guideline decision in detail stated what reasons can be used to justify parole decision and how various factors, such as previous convictions, should be interpreted when deciding on parole. This dissertation studies two groups of first-level...
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Constitutional control of legal norms in the Czech republic in Central European context
Půhoný, Ondřej ; Hřebejk, Jiří (referee)
- 1 - ABSTRACT This thesis deals with the issue of constitutional control of legal norms, both in general development in its historical retrospective and then it describes its functioning in the continental and Anglo-American type of legal culture. A separate part is devoted to the historical development in the Czech lands from the beginnings of constitutionality in Austria and Austria-Hungary through its development during the interwar period, repression in the period of non-freedom during World War II and communist totalitarianism after its end, up to its restoration after 1989 and the subsequent dissolution of Czechoslovakia. Another goal of this thesis is a brief description of the current functioning of the constitutional judiciary in the Czech Republic and its comparison with the functioning of the constitutional judicial systems in selected European countries. In conclusion, I focused on the elements of constitutional control on a European scale and on the evaluation of its importance for the legal order and for the protection of human rights and freedoms. This thesis is systematically divided into six basic areas. The first one describes the legally consistent state as a constitutional state; the second one characterizes the constitutional judiciary as one of the guarantees of a legally consistent...
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Selection of Constitutional Justices in Czechia and Slovakia
Svoboda, Jiří ; Hřebejk, Jiří (referee)
Thesis focuses on institutional aspect of selection of constitutional judges in Czechia and in Slovakia, personal aspect of selection, i.e. identification of the groups of recruitment and requirements and qualities of the judges. Thesis also focuses on the process, i.e. procedural aspects within which the key authorities (presidents and parliaments) compare and choose individual candidates. Based on this analysis the student will identify strengths and weaknesses of both systems, which could lead to paralysis of court in question.
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Does the Parliament Respect the Constitutional Court?
Staněk, Michal ; Syllová, Jindřiška (referee)
The key concern of the thesis is whether the Parliament has been respecting the Constitutional court. In order to answer this question, the theoretical part resolves the very existence of the Parliament's obligation to follow the Court and its decisions. The empirical part provides two points of view on the subject. First, the role of the Court and its decisions in parliamentary debates is being discussed. Second point analyses the reactions of the parliamentaries in response to Court's findings abolishing a law or its part during the VII. election period of the Chamber of Deputies.
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Constitucional Court: Negative Legislator?
Večerka, Jiří ; Antoš, Marek (advisor) ; Suchánek, Radovan (referee)
Constitutional Court: Negative Legislator? Abstract This diploma thesis deals with the question whether the Constitutional Court of the Czech Republic can be considered as a mere negative legislator in connection with deciding on proposals for annulment of laws or their individual parts according to Art. 87 par. a) of the Constitution or whether the Constitutional Court departs from this position and how. The diploma thesis is divided into theoretical and practical part, while the author seeks to rely mainly on the actual decision-making practice of the Constitutional Court. In the theoretical part, the thesis deals with the concept of the negative legislator and its origin in the ideas of Hans Kelsen. Kelsen's concept of constitutional justice as a negative legislator is presented. In the following subchapters, the theoretical part is devoted to acquainting the reader with the decision-making of the Constitutional Court on petitions to annul laws or their individual parts. The thesis also describes the binding of judges in decision- making and their binding for other subjects. In the practical part, the thesis is divided into six individual chapters, each of which deals separately with one type of decisions that the Constitutional Court deviates from its position as a negative legislator. In each chapter...
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Municipal by-laws
Stuchlík, Karel ; Vedral, Josef (advisor) ; Pítrová, Lenka (referee)
Generally binding ordinances of municipalities Abstract This thesis deals with generally binding ordinances of municipalities. Generally binding ordinances are legal regulation which issue municipalities in independent competence on the basis of Article 104 Paragraph 3 of the Constitution of the Czech Republic. It is necessary to distinguish them from decree of municipality issued in delegated competence according to Article 79 Paragraph 3 of Constitution. The approach to generally binding ordinances significantly influenced the Constitutional Court. The first chapter deals with constitutional and legal basics of local administration generally, also with territorial and personal basis and independent and delegated competence of municipalities. The second chapter analyses in more detail process of passing of generally binding ordinances and potential public involvement on this process, also content requirements and structure of generally binding ordinances. It deals also with announcement and record of legal regulation of municipalities and draws attention to planned colection of legal regulation of municipalities and regions. Part of the chapter is dedicated to role of Minstry of the Interior, which administers supervision of issue and content of generally binding ordinances, and to proceedings before the...
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Municipal by-laws
Kuchař, Karel ; Vedral, Josef (advisor) ; Rajchl, Jiří (referee)
Generally binding ordinances of municipalities] Abstract This thesis deals with generally binding ordinances of municipalities. A generally binding ordinance is a legal regulation that is, in accordance with the provisions of Article 104 Paragraph 3 of the Constitution of the Czech republic, issued by the municipal council. This is significant and we can say the unique expression of the right of municipalities to self- government, which is also guaranteed by the municipalities at the constitutional level. After the first chapter in which the necessary terms for the following text are defined, follows the chapter focused on the constitutional and legal bases of issuing of generally binding ordinances. This chapter also describes the Constitutional Court's first judgement concerning with generally binding ordinances and subsequent discussion which this judgement provoked. This chapter is followed in the fifth chapter of the thesis, which focuses on the development of the case law of the Constitutional Court and describes its further development. Especially, the attention is focused on judgement Pl. ÚS 45/06 and on the change of the legal opinion of the Constitutional Court with this judgement related. The third chapter deals with selected topics related to the issuance of generally binding ordinances. In its...
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Fundamental rights in tax case law of the Constitutional Court
Osborne, Alice ; Vybíral, Roman (advisor) ; Boháč, Radim (referee)
Fundamental rights in tax case law of the Constitutional Court Abstract The thesis deals with the case law of the Czech Constitutional Court where the reason for the judicial review was a claimed infringement of a fundamental right or legal principle. The first part gives a brief description of the background, defining the theoretical and constitutional basis for judicial review of tax regulations and decisions, the relevant fundamental rights, and the methods and standards of review applied by the Constitutional Court, in general and tax case law. The core of the thesis is then an analysis of selected tax cases and Constitutional Court decisions. For each case there is a brief background outlining the circumstances under which a particular law was passed, followed by the analysis itself, and finally a summary of each case in terms of the rights or principles claimed / found to have been infringed and the methods and standards of review applied by the Constitutional Court. The results of the analyses are then summarised and compared against the general points of reference; then common elements of the cases and decisions are identified. The conclusion of the thesis is that in the cases analysed, the legal regulation in question had not been carefully enough examined from the perspective of its impact on...
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The Court System of the Czech Republic
Hercíková, Monika Rita ; Hřebejk, Jiří (advisor) ; Janstová, Kateřina (referee)
The topic of this dissertation focuses on the arrangement of the court system in the Czech Republic. The aim of the thesis is to present a basic, comprehensive view of the organisation of the system of courts, elaborated with a closer analysis relating to the personnel composition and overall functioning of the individual courts. The introductory section of the thesis deals with the historical development of the judicial system within the territory of today's Czech Republic, in particular the organisation of the court system during the period of the First Czechoslovak Republic (1918-1938). The court system of the First Republic followed on to a large extent from the legal arrangement of the Austro-Hungarian judicial system, on the basis of the adoption of the Reception Act no. 11/1918 Coll. A gradual unification took place regarding the different arrangement of the court organisations in the Czech lands and in Slovakia. The court system of the First Republic was distinguished by a high degree of specialisation, the courts were divided into regular, specialised and arbitration courts. The system of general courts is formed by district, regional and high courts, the Supreme Court and the Supreme Administrative Court. The thesis also includes a description of the functioning of judicial councils, the...
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A Service for Verification of Czech Attorneys
Jílek, Radim ; Glembek, Ondřej (referee) ; Szőke, Igor (advisor)
This thesis deals with the design and implementation of the Internet service, which allows to objectively assess and verify the reliability and diligence of Czech lawyers based on publicly available data of several courts. The aim of the thesis is to create and put into operation this service. The result of the work are the programs that provide partial actions in the realization of this intention.
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