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The role of the UN Security Council in front of the ICC
Mihai, Vlad ; Lipovský, Milan (advisor) ; Pulgret, Miroslav (referee)
The relationship betweeen the International Criminal Court and the United Nations Security Council holds important value because, as a people, we are striving for a change towards a universal justice system, rather than a nationalistic conflictual one. To assess the progress, a closer look is necessary at the issue at hand. If the ICC does not have a nation to support it, in order to serve as a deterrent, it does need a powerful organization behind it: the UNSC, or the interplay between the SC, ICC and the "executive body" of the international community. However, their relationship is convoluted in controversy, since it is believed to serve as a tool for the major powers when they see fit, thus deligitimizing its credibility as an overarching judicial organization meant to resolve inter-state conflicts, and punish those who commit the most heinous crimes, regardless of their nationality. The findings of this research will show that more factors weigh in, and, even though the UNSC does hold a tight grip and has the power to influence the proceedings before the ICC, there is a clear positive trajectory for the International Criminal Justice System; the author of the research believes it will only get better. Keywords International Criminal Court; UNSC; Rome Statute; International Criminal Law Range...
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Parties to contentious proceedings
Trojan, Luděk ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
1 Resumé This thesis deals with the topic of "Parties to contentious proceedings". The parties involved in the dispute represent the cornerstone of any civil proceedings. Without the parties, there would be no civil procedure at all. The parties, the courts and other subjects make up the basic elements of the civil proceedings. Which is also the reason why the definition of the parties have the significant impact on the entire civil procedure. The civil procedure can be defined as a body of law that sets out the procedure rules for courts, disputing parties and other subjects, while defence to breached or threatened subjective rights and lawful interests is provided. The thesis offers a scope into the historical consequences of the concept of parties to present form along with the development of civil procedure with its changes. Besides that there is description of subjects who are involved in the civil procedure. For better differentiating a proceedings of proceedings there are listed other types of civil proceedings. Especially the contentious and non-contentious proceedings. The introductory chapters for the parties address the issue of who can become a party to the proceedings and what the conditions are. The conditions include, in particular, the capacity to possess rights and duties and the capacity...
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Epigraphica & Sepulcralia VII. Forum of epigraphical and sepulchral studies
Roháček, Jiří
A seventh volume in the series Epigraphica et Sepulcralia, with a concept as a periodical forum for epigraphic and sepulchral studies, and the aim of mapping out the current state of research in two disciplines that are in practice closely linked – sepulchral research and mediaeval and early modern epigraphy. It is intended that individual issues will deliberately include articles with various chronological, thematic, disciplinary, and methodological approaches, and contributions by leading Czech and international researchers together with a selection of high-quality articles by researchers from the rising generation. In the current publication, therefore, in addition to the proceedings from the meeting in 2015, further complementary articles are to be found as outlined above.
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Delivery in civil proceedings
Schneiderová, Martina ; Macková, Alena (advisor) ; Smolík, Petr (referee)
The aim of my thesis is to analyse the institution of delivery in civil proceedings, the paper is especially focused on practical problems and also electronic delivery, first and foremost data-boxes. The study also contains the part describing delivery of documents to foreign countries and to member states of the European Union. The first part of the thesis deals with theoretical definition of the key legal concepts and the delivery into data-boxes is examined there. In the second part there is also described in detail the delivery of documents to foreign countries (and from foreign countries to the Czech Republic, too). Finally, I attempt to draw a short comparison between regulations of delivery in civil proceedings in the Czech Republic and in Slovakia. Delivery comprises one of the key legal institutes of civil proceedings. The principal source of law for delivery in civil proceedings in the Czech Republic is constituted by Law No. 99/1963 Coll., the Civil Procedure Code, as amended by Law No. 139/2015 Coll. Moreover it has undergone many changes recently. The thesis is composed of three main chapters which are divided into next subchapters, each of them dealing with different aspects of delivery. Chapter One is introductory, it explains the term delivery within the framework of civil...
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Proceedings before the European Court of Human Rights and their reform
Zaťko, Miloš ; Šturma, Pavel (advisor) ; Hubálková, Eva (referee) ; Balaš, Vladimír (referee)
Proceedings before the European Court of Human Rights and their reform The purpose of this thesis is to analyse and evaluate the proceedings before the European Court of Human Rights. This Court that exists within the Council of Europe is the guardian of guaranteed human rights and fundamental freedoms defined in the European Convention on Human Rights. Under this Convention an individual is entitled to submit an application to the Court and seek for the protection of his rights that were violated by one of the Member states. One of the conditions that ensure this protection is an effective and adequate proceedings before the Court. At present, the Court has to face many problems that are able to put this human rights protection in danger. Therefore the Member states decided to initiate a reform of the Court and its proceedings. The basic goal of this reform process is to ensure the long-term efficiency of the proceedings. This thesis analyzes the outcomes of this reform and how it affects the current proceedings. Key words: the European Court of Human Rights, proceedings, reform, workload, caseload
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The Czech Republic as a party to the proceedings for the failure to fulfill an obligation resulting from EU Treaties
Kučera, Václav ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
The aim of this diploma thesis is partly a reflection on the history and current form of the institute of infringement proceedings and in particular the analysis of the Czech Republic's participation in this type of procedure since its entry into the European Union. Proceedings for failure to fulfill an obligation is introduced as the main sanction- control mechanism under EU law, the purpose of which is to ensure that Member States comply with the obligations they adopted in connection with accession to the EU and that union norms have full effect. At the beginning is outlined the historical development of the infringement proceedings, i.e. on what purpose and in which way was this control mechanism initially incorporated into the primary law of the European Community, how its parameters gradually changed and whit what kind of proposals are currently mentioned in order to ensure the maximum efficiency of the procedure. Thesis emphasizes on a detailed introduction and evaluation of all aspects of procedure. Particular chapters are devoted to the question of object to the proceedings, legal entities and their rights during the proceedings, the system of sanctions and the effects of the European Court's decisions in the case. Control and discretion power is in infringement proceedings exercised by...
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