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The right to information
Strava, Ondřej ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The text deals with the question of defining what exactly right to information is. As the public debate concerning different institutes of the right to information and transparency goes on intensively and extensively in the Czech republic as well as worldwide, it has become the aim of the author to search for the roots of the right, of both its restrictive and extensive scope and its guiding principles. Such a research should be useful for the interpretation and the aplication of the relevant law and serve as a guide for the proper understanding of the rights' social and legal importance. The first part of the text after the introduction describes the term of the right to information, it's evolution in history, philosophical, political and legal basis and contemporary meaning. The following chapter concerns itself with the material sources of the right, i. e. the reason and meaning of the existence of the right. It explains the rights' commonly recognized width and depth and its liberal and conservative tendencies reaching from the current events into the even more informational based future. The conflict of the right with the other interests of modern society is covered and the different formal sources of the right are listed demonstratively. The third chapter examines the universally acknowledged...
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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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Persons subject to duty under Act. No.106/1999 Sb., on a free access to information
Molatová, Iveta ; Mikule, Vladimír (advisor) ; Millerová, Ivana (referee)
Persons subject to duty under Act. No. 106/1999 Sb., on a free access to information Abstract Thesis Persons subject to duty under Act. No.106/1999 Sb., on a free access to information, which aim is to uncover the particular groups of the obliged persons and to point out to the most frequent problems, that during the application of the mentioned legal regulation around this groups occur, consists of the eleven parts in total. The first part deals with the right to information in its wide connection - as a constitonally embodied right, that on the one hand helps to fulfil partial principle of transparency of the public administration, which is a subset and a component of the democratic state of law principle, and on the other hand is means of effective utilization of the another rights, especially the political ones. The second chapter gives the definition of the term "information" and pursues to its typical attributes. This part of the text also points out the potentional non-standard handling with information and its legal consequences following from the various legal regulations. The third part summarizes the previous historical evolution of the emboding of right to information and the access to it in the worldwide and european context. The fourth chapter gives the Czech republic current legal adjustement...
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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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Entities bound to inform under the Free Access to Information Act
Obert, Radim ; Mikule, Vladimír (advisor) ; Staša, Josef (referee)
Presented thesis called "Obliged entities according to The Act on Free Acces to Information" deals with obliged entities in compliance with current legislation, also with legislative development and with current specification in The Act on Free Access to Information. This thesis brings comprehensive view of current problems which arise from practice, primarily from point of view of legal science and specialized literature. Field of obliged entities is especially recently the frequent subject of decision-making practice, which is executed by the constitutional and administrative justice. Mentioned courts spread the number of obliged entities by their judicial working. Author of this thesis tries to present his own solutions of problems, which are related to current legal regulations. Obliged entities are those which have an obligation to provide informatik related to their activities in compliance with The Act on Free Access to Information. The Act on Free Access to Information enumerates four circles of obliged entities. These entities are state authorities, communal authorities and their bodies, public institutions and subjects to whom the law has entrusted deciding about legal matters, legally protected interests or duties of natural persons or legal entities in the area of public administration,...
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State secrecy v. Freedom of information - Bradley Manning's case in the historical context
Martinec, Tomáš ; Kozák, Kryštof (advisor) ; Calda, Miloš (referee)
This thesis called State Secrecy vs. Freedom of Information - Bradley Manning's case in historical context compares the case of Bradley Manning, alleged source of leaks in recent Wikileaks affair with the precedential case of Daniel Ellsberg that took place in the beginning of the 1970s. Ellsberg provided the New York Times with a copy of a "Top Secret - Sensitive" report on the evolvement of US foreign policy towards the Indochina region after the WWII. The thesis argues that even though both cases differ, in particular, in their execution, the governmental conduct with respect to both sources of leaks was inadequate and a mistrial might be declared in Manning's case as in was during the prosecution of Daniel Ellsberg. The thesis also argues that if the trial is to be held during the Manning's case, there are some solid arguments in favour of the defence.
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Information management of central state administration (comparative study)
Šidlichovská, Zuzana ; Očko, Petr (advisor) ; Souček, Jiří (referee)
The rigorous thesis is focused on information management of central state administration and on a way of analysing it. In the first part initial insight into the problem is provided and essential specifics which are related with the field of information management in public sector communication are described as well. Next the information audit as a useable tool for information management analysis is introduced. Susan Henczel's methodological approach of information audit process is described in more detail in order to apply this tool practically in the analytical part of the work. The second part of the master thesis is based on my own analysis of management of information activities and communication of two departments - the Ministry of Defence of the Czech Republic and the similar one in Sweden. The key part of this work is based on the practical information audit, which consists of three- phase research. In the first phase the research method of Mystery mailing is used to learn how central state administrative offices cope with different laws concerning information activities. In the second phase the research method of content analysis (based on selected SEO tools) of official websites is used. The last phase of research is focused on analysis of management and organization of internal 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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