|
|
Fulfilment of the public interest in monument preservation in the Czech republic
Krejzek, Igor ; Frič, Pavol (advisor) ; Jelínková, Marie (referee)
My thesis is concerned with current problems involving fulfilment of the public interest in monument preservation in the Czech Republic. Firstly, the term "public interest" and its conceptual relationship in terms of the monument preservation is explored in the theoretical part of the thesis. Secondly, the current systems of monument preservation in the Czech Republic including the genesis of decision-making processes of municipal authorities under the current law are briefly described. This is followed by an explanation of the connection between the generally proclaimed, yet critically unexplored postulate of "two-track monument preservation". Despite clearly defined policies and competencies, the existing monument preservation decision-making systems and processes seems to be characterized by considerable confusion, and thus seem to bring about some process-based ambiguities and conflicts. The thesis not only aims to identify and analyse these ambiguities and conflicts but also strives to provide a conclusion that proposes some meaningful solutions. The benefits of the thesis for the Public and Social Policy field purposes lies in the identification and uncovering yet unexplored contextual pertinence in decision making activities within qualification works in monument preservation, as well as...
|
|
|
Binding opinions as an instrument of the natural and landscape protection
Štěpánková, Jana ; Franková, Martina (advisor) ; Pokorný, Jiří (referee)
This thesis focuses on the binding opinion and defines its key role in nature and landscape protection. From the author's viewpoint construction activity is an activity with the greatest impact on nature and landscape and the submitted work focuses, among other things, on the evidence that the purpose of issuing binding opinions is the regulation of construction. The thesis consists of introduction, conclusion and five chapters divided into subchapters according to logical and well-arranged structure. The first chapter discusses the role of the body concerned in the protection of the public interest, which is the protection of nature and landscape. The second chapter is structured into several subchapters and is devoted to the description of the binding opinion. The author analyzed its definition features, its legal nature and its content requirements. The last part of this chapter is devoted to the process of issuing binding opinions. Furthermore, the author focused on the review mechanism of binding opinions, namely its legislation in the Code of Administrative Procedure, the Code of Administrative Justice, including a deviation from the general regime laid down by the Building Act. The fourth chapter is devoted to the definition of the involved authorities concerned by the law on nature and...
|
|
|
Fulfilment of the public interest in monument preservation in the Czech republic
Krejzek, Igor ; Frič, Pavol (advisor) ; Jelínková, Marie (referee)
My thesis is concerned with current problems involving fulfilment of the public interest in monument preservation in the Czech Republic. Firstly, the term "public interest" and its conceptual relationship in terms of the monument preservation is explored in the theoretical part of the thesis. Secondly, the current systems of monument preservation in the Czech Republic including the genesis of decision-making processes of municipal authorities under the current law are briefly described. This is followed by an explanation of the connection between the generally proclaimed, yet critically unexplored postulate of "two-track monument preservation". Despite clearly defined policies and competencies, the existing monument preservation decision-making systems and processes seems to be characterized by considerable confusion, and thus seem to bring about some process-based ambiguities and conflicts. The thesis not only aims to identify and analyse these ambiguities and conflicts but also strives to provide a conclusion that proposes some meaningful solutions. The benefits of the thesis for the Public and Social Policy field purposes lies in the identification and uncovering yet unexplored contextual pertinence in decision making activities within qualification works in monument preservation, as well as...
|
|
|
Giving Information on Ongoing Criminal Proceedings
Bendová, Kristýna ; Heranová, Simona (referee)
The diploma thesis deals with the giving information of ongoing criminal proceeding on the authorities to individuals involved in the process and general public. Content of the thesis is built on the basis of e. g. right to information, right to privacy and public interest in the proper equitable conduct of criminal proceeding. The core itself is based on critical analysis of Czech legislation specifically § 8a to 8d the Code of Criminal Procedure with references to specific regulations. Finally, problematic areas are summarized and their solution is proposed with the proposal de lege ferenda.
|
|
|
Public prosecutor's office in civil proceeding
Pavlásková, Zdeňka ; Macková, Alena (advisor) ; Elischer, David (referee) ; Winterová, Alena (referee)
This dissertation is divided into a general part (chapters 1 through 6) and a specific part (chapter 7). The general part contains chapters devoted to the historical development of public prosecution and the office of the public prosecutor with an emphasis on developments in civil proceedings, primarily after 1989. Further attention is dedicated to a current expert discussion of the constitutional position of the office of the public prosecutor within the system of state power. Explanations are also given for the independence and impartiality of the office of the public prosecutor in a qualitative comparison with the independence and impartiality of the courts. The following part of the dissertation focuses on a description of the framework of the office of the public prosecutor, including the new institution of the Institute of the European Public Prosecutor. The subsequent chapter is concerned with the organisation and staffing of the non-criminal division of the public prosecutor's office on all levels. This is followed by a chapter devoted to the legal sources amending and relating to the non-criminal activity of the office of the public prosecutor. A substantial part of the general part of this dissertation consists of a description of the role of the office of the public prosecutor in civil...
|
|
|
Environmental protection within specific proceedings pursuant the Building Act
Šimák, Filip ; Stejskal, Vojtěch (advisor) ; Pekárek, Milan (referee) ; Tomoszková, Veronika (referee)
Environmental protection within specific proceedings pursuant the Building Act Unrestrained construction activity damages natural resources and diverse environmental components in irreversible or in difficult-to-repair ways, thereby further thwarting thriving or even surviving of the World population. In the Czech legal system, the regulatory measures of administrative bodies, along with the participation of the affected stakeholders, contribute to the environmental protection of the individual development project. This dissertation examines the methods, means, and tools of environmental protection within the framework of designated proceedings regulating the construction. Specifically, it analyzes the possibilities of implementing protective environmental measures within the construction-permitting procedures enshrined in the provisions of Sections 103 to 117 of the Building Act. Five construction-permitting regimes are examined separately: the building permit process; notification; public law contract; notification with certificate of the authorized inspector and projects requiring neither building permit nor notification. If followed lawfully, each of the regimes allows the prospect applicant to commence a relevant construction project. Permitting procedures are significantly influenced by...
|
|
|
Analyzing the use of law as a tool for the management of educional systems in Czech Republic and evaluating the impacts of selected legislative changes in years 1990 - 2010
Heroldová, Eva ; Kitzberger, Jindřich (advisor) ; Veteška, Jaroslav (referee)
This diploma thesis examines the use of the law as an instrument for the governance of the education system in the Czech Republic. It evaluates the impact some selected changes in legislation had on the education system during the period between 1990 and 2010. The topic of this paper is the law used as an instrument for implementing education policies in the Czech Republic, as well as monitoring of and evaluating objectives and reality. A section in the theoretical part is dedicated to defining and explaining the basic terms the author works with and uses throughout the text. The paper briefly analyses the development of changes within the school system in the course of the first twenty years that followed after the November overthrow in 1989. Key attempts to make changes in education and child-rearing are described, and the amendments to the Education Act or, if applicable, other legislation that impacted on the school system and education are examined. Not only does this paper summarize the key legislative reforms within the education process in the Czech Republic between 1990 and 2010, it also examines the education system from the curriculum documents' point of view - Primary School, General School and National School, the Framework Education Programme - as well as the school governance systems...
|
|
|
Balancing Public Interests in Nature Protection
Vomáčka, Vojtěch ; Franková, Martina (referee)
Balancing Public Interests in Nature Protection Abstract This thesis focuses on the broader scope and the implications of balancing of public interests in nature protection. Czech Nature and Landscape Protection Act (Act No. 114/1992 Coll.) often requires the existence of an overriding public interest in order to allow interference with protected environmental interests. Furthermore, it implements requirements of the Birds Directive and the Habitats Directive, which introduced the concept of IROPI in protection of habitats and particular derogatory regimes from the protection of wild birds and endangered species. The traditional Czech nature conservation system has not been consumed or displaced by the requirements of EU rules. Both systems employ a slightly different approach to territorial protection, but the derogations in general rely on the same set of conditions including the concept of public interest, which needs to be interpreted in each individual case. The core of the thesis lies in the analysis of the case law of the Czech courts and the Court of Justice of the European Union, in particular with an emphasis on common requirements for the identification and balancing of public interests in protection of nature. The author suggests that balancing of nature protection and other public interests...
|
|
|
Theoretical bases for the limitation of fundamental rights and freedoms in the Czech Republic
Madej, Martin ; Tryzna, Jan (referee)
Theoretical bases for the limitation
of fundamental rights and freedoms in the Czech Republic
In the Czech Republic, the conception of fundamental rights and the conditions for their limitations are the result of a specific interpretation of the Charter of Fundamental Rights and Freedoms by the Constitutional Court, which in turn reflects its own views on constitutional theory. Despite being presented almost dogmatically, the confrontation with foreign literature suggests that the so-called external theory of the Constitutional Court finds strong opponent in the so-called internal theory. Internal theory sheds doubts on such hallmarks of the Court's doctrine like the wide conception of fundamental rights, the principle of proportionality or the very existence of conflicts of constitutional values. In this thesis, it is argued that although the internal theory cannot substitute for the external theory at the moment, it represents an opportunity for the Constitutional Court to reassess its current position in order for it to better depict the aims of the constitution-maker, to respect the policies of the legislator and - above all - to take fundamental rights seriously. In particular, it is claimed that the optimal model of the limitation of fundamental rights dully distinguishes between definition and...
|
|
|
Ochrana přírody a veřejný zájem
Müllerová, Hana
In the decision-making procedures, the interest in the protection of nature often collides with other interests and values. Declaring certain value to be in a public interest strengthens the position of that value and justifies its priority over other interests. This contribution focuses firstly on the concept of the public interest and the ways how collisions of competing interests are solved in general. Then it analyses the Czech legislation on natural protection and its provisions on the public interest.
|
guest ::
