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The powers of municipalities and regions
Konradová, Jana ; Kopecký, Martin (advisor) ; Svoboda, Petr (referee)
1 Resume The thesis is divided into two large units, on a theoretical and practical part. Follow the practical part of the work is to be divided on an assessment of selected aspects that are covered by municipal and provincial governments at the European level and in this context, then followed by a separate section on comparative evaluation of the scope of local government in selected European countries. I will focus first on the theoretical part. The issue of regions and municipalities evaluate first in the context of Czech legislation and then subsequently focus on each selected legislation relating to European legislation related to issues of regions and municipalities. Choice of thesis topic was selected based on an appropriate combination of administrative law issues and focus on the broader context of legislation within the EU, which focuses mainly practical part. With regard to the comparison of the Czech legislation and issues of European legislation, so we can get a rich variety of assumptions and considerations, which could be formulated in the context of the considerations de lege fedenda at the level of regions and municipalities. The main concept of the theoretical part is the local authority. Can we talk about the fact that public administration is carried out at its lowest possible level,...
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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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The Role of the Courts of Administrative Justice at the Process of the Unification of the Legal Norm Interpretation of Public Law
Venclová, Petra ; Mikule, Leoš (advisor) ; Sládeček, Vladimír (referee) ; Skulová, Soňa (referee)
Charles University in Prague Faculty of law Abstract of the dissertation The title of the dissertation: The Role of the Courts of Administrative Justice at the Process of the Unification of the Legal Norm Interpretation of Public Law Supervisor: Doc. JUDr. Vladimír Mikule Author: JUDr. Petra Venclová Prague, March 2012 This dissertation deals with the role of the courts of administrative justice at the process of the unification of the legal norm interpretation in the field of public law. Ambition of this dissertation first lies in the function and meaning of administrative justice in relation of the legal norm interpretation on the level of interpretation practice of administrative body, second in capturing the process of unification of judicial activities of administrative courts in formal position as instrumental presumption for full development of material conception which has axiological content and might offer the answer to the question of legal- philosophical direction of administrative judiciary. This work is divided into three chapters on the basic level. The first chapter explains dualism in law within the meaning of dichotomy between private and public law. The administrative law as a part of public law is defined in the relationship to the private law through the different methods and aims of...
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The Supreme Administrative Court of Czechoslovakia - its formation and development
Kučera, Miroslav ; Kuklík, Jan (advisor) ; Skřejpková, Petra (referee)
This thesis deals with the formation and development of the Supreme Administrative Court of the Republic of Czechoslovakia. Given that this institution in our country was built on similar principles as the previous administrative court in Vienna, there is a part of the work given to the development of Supreme Administrative Court in Vienna and also briefly discusses the development of directions of administrative judiciary in Europe, because only in mutual relations you can understand why after an establihment of the independent Republic of Czechoslovakia, the concept of the Supreme Administrative Court in Vienna used in our conditions as well. In particular, thanks to this and the legislative framework, the Supreme Administrative Court of Republic of Czechoslovakia could be constitued in a very short time after the establishment of the Republic of Czechoslovakia. The following is gradual evolution of the court changes its powers and jurisdiction, including amendments to the Act made about him. In addition, this work also addresses the issue of the seat of the Supreme Administrative Court, staffing its decision-making.
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The new Administrative Procedure Code in comparison with the earlier regulation
Smrček, Zdeněk ; Sládeček, Vladimír (advisor) ; Staša, Josef (referee)
On January 1st, 2006, the act no. 500/2004 Coll., administrative procedure code (hereinafter "New administrative procedure code") has come into effect, replacing the act no. 71/1967 Coll., on administrative proceedings (administrative procedure code) (hereinafter "Old administrative procedure code"). The New administrative procedure code came with a broad range of new legal institutes and altered many others. The purpose of this thesis is to place the New administrative procedure code and the Old administrative procedure side by side to compare them with one another and to attempt to evaluate the contribution of the New administrative procedure code to the Czech legal system. The structure of the thesis follows the structure of the New administrative procedure code. Because of the range restrictions, this thesis cannot cover the whole content of both administrative procedure codes, so the scope of the thesis is limited only to the most important or the most interesting changes that the New administrative procedure code has brought. The thesis is composed of nine chapters; each of them deals with a different part of administrative procedure codes. The first chapter describes the process of birth of the New administrative procedure code and comments on the explanatory report. Chapter two focuses on...
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The Code of Administrative Procedure and its use in construction permitting in accordance with the Building Act
Hercíková, Dita ; Kykal, Jiří (advisor) ; Helena, Helena (referee)
The thesis characterises building permitting administrative procedures subject to the Building Act and Rules of Administrative Procedure. The legal regulation contained in the new Building Act that has been effective since 2007 has been amended several times over the period of nine years, among other by so called big amendment to the Building Act in 2013. Both the Building Act and amendments to it are supposed to simplify and speed up its implementation as much as possible. The Building Act is a special legal regulation the implementation of which is supported by the Rules of Administrative Procedure as a general legal regulation. The current legal regulation of the Rules of Administrative Procedure has been effective since 2006. The Rules of Administrative Procedure stipulate general procedures that are not set forth in special laws. Therefore, the research part of the thesis describes procedures of the granting of individual types of permits subject to the Building Act that are related to general procedures subject to the Rules of Administrative Procedure.
The result part of the thesis focuses on a comparison of permitting and appeal procedures in the Central Bohemian region and a comparison of such proceedings outputs to outputs of the proceedings in the Czech Republic. The paper analyses reasons that are behind the described results. The statistic evaluation deals with influences than affect numbers of granted permits. The thesis conclusion includes some suggestions concerning some Building Act amendments based on findings contained in the result and research part of the thesis.
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Development of administrative justice
Švancrová, Dominika ; Chvátalová, Iva (advisor) ; Žák, Květoslav (referee)
The bachelor thesis deals with development of administrative justice. The thesis is devided into three chapters. The first chapter defines the term "administrative justice" and describes the development of administrative justice in some European countries. The second chapter focuses on the development of administrative justice in the Czech Republic. The last chapter contains the description of current legislation of administrative justice in the Czech Republic.
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Administrative Law and Building Proceedings
Uhlířová, Lucie ; Přibyl, Karel (advisor) ; Hejda, Jan (referee)
The bachelor's thesis deals with administrative law and building permit proceedings. It gives basic information on administrative law and building permit proceedings. It aims to explain the basic concepts, point out ambiguities and inaccuracies, focus on administrative offenses, reveal the most common mistakes and present solution proposals.
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Remedies in administrative proceedings
PELECHOVÁ, Ilona
The bachelor thesis called ?Remedies in administrative proceedings? is theoretical bachelor thesis. It is mainly based on detailed explanation of administrative set of rules. For this reason, it is trying to make a complete picture of administrative set of rules. It deals with the explanation of basic terms used in an administrative management. For understanding the current principles, which are valid in this area of law, there is very shortly sketched the development of the administrative set of rules in the Czech countries. The aim of the thesis is to describe in details and define the valid law legislation of the administrative set of rules with the specialization for the remedies of administrative proceeding, including the possibility to use the judicial review. The next aim of this thesis subsequently becomes the assessment of the possibility of a party to administrative proceedings in case of his disagreement with the administrative decision or suspicion for failure of administrative authority in the administrative proceedings.
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