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Teleological interpretation and the case law of Czech courts
Koželuha, Patrik ; Wintr, Jan (advisor) ; Ondřejek, Pavel (referee)
Univerzita Karlova v Praze Právnická fakulta Patrik Koželuha Abstract: Teleological interpretation and the case law of Czech courts The purpose of my thesis is to analyze teleological interpretation from both the theoretical and the practical point of view. Since the use of teleological interpretation by Czech courts has increased in the last two decades, the reason for my research is to present recent legal discussions related to the teleological interpretation. The thesis also examines the arguments which support or criticise such method of interpretation and compares them to contemporary judicial decisions. The thesis is composed of two main chapters; each of them explores the teleological interpretation from a different perspective. The first part is a theoretical part which summarizes acquired knowledge of legal theory concerning teleological interpretation. The second part deals with detailed analysis of selected judicial decisions. The aim of the thesis is to provide a reader with a comparison between theoretical and practical approach to the teleological interpretation. The opening subchapters of the theoretical part explicate what the statutory interpretation is. It also attempts to outline the limits of interpretation. Subsequently, the study presents and characterises the main methods of...
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Contentious issues of the failure to provide aid as reflected in case law of Czech courts
Rymlová, Silvie ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
Debatable cases of failure to provide assistance in Czech court case law The thesis focuses on crimes of failure to provide assistance and related case law of Czech courts. The thesis consists of two main parts. First part deals with explaining of three basic Acta Reus of crimes of failure to provide assistance, their common features and their differences. First chapter and its sub-chapters discuss problematic areas related to cases of failure to provide assistance. These include: the general and special duty to rescue; attempts of rescue in cases of failure to provide assistance; and questions related to committing of other crimes concurrently with failure to provide assistance. Furthermore, the first chapter explains the most important concept in questions of failure to provide assistance which is the concept of 'duty to rescue'. It goes on to explain additional concepts such as 'endangering oneself or others', 'profession-based duty to rescue', 'damage to health', 'vehicle driver' and 'traffic collision'. The first part of thesis is concluded with overview of changes in Czech (and Czechoslovakian) legislation since 1950 related to crimes of failure to provide assistance. Second part is dedicated to court case law, systematically divided by their major topic into five chapters. These chapters and...
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The issue of the concept of criminal custody
Beňák, Ondrej ; Hořák, Jaromír (advisor) ; Bohuslav, Lukáš (referee)
The thesis deals with the issues of pre-trial detention in the criminal procedure of the Czech Republic. It comprises and compares opinions voiced by various scholars, high courts and myself. The thesis also includes a section about the rules of pre-trial detention in the American federal criminal procedure and compares it with the Czech system. The first part of the thesis is the Introduction, in which the goals of the thesis are set out. The second part is the main part of the thesis and it is divided into five chapters. The first chapter consists of a general description of pre-trial detention in the Czech Republic and the principles that govern it. The second part is called Formal Rules of Pre-Trial Detention, and it deals with the issues of competence, court procedure and decision-making. The third chapter is where the focus point of the thesis lies, as it investigates the conditions of ordering a pre-trial detention of a person and adresses the numerous problems that arise in this area. The fourth chapter describes the conditions for pre-trial release of an accused person, including the legislative changes recetly made in this area. The fifth chapter explores the American federal criminal procedure and compares it with the Czech criminal procedure. It also includes American scholars'...
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Environmental impact assessment of projects in the case law of the Court of Justice of the European Union
Glatzová, Monika ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
Environmental impact assessment of projects in the case law of the Court of Justice of the European Union Environmental impact assessment (EIA) is a horizontal tool of protection of the environment, based on principles of precaution and prevention and aimed at assessment of plans and programs, or projects. This thesis deals with assessment of projects only. At EU level, the legal basis for EIA of projects is provided for by the EIA Directive (Directive 2011/92/EU) which is expected to be amended in the near future. The thesis provides for an analysis of the EIA case law of the Court of Justice of the EU (CJEU), identifies the main problems encountered by the Member States when implementing the EIA Directive, identifies the key principles established by the CJEU for interpretation of the EIA directive, and in the light of the above it identifies the main issues in the transposition in the Czech law. 1
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Media between Public Watchdog and Greedy Pitbull: Free Speech versus Privacy
Holubová, Eliška ; Křeček, Jan (advisor) ; Trampota, Tomáš (referee)
The primary aim of this Master thesis entitled "Freedom of the Media versus Public Figures' Right to Privacy" is to investigate and analyse the conflict between freedom of the media and right to privacy of public persons. The thesis is formally structured into eight thematical chapters and two parts- theoretical and analytical. The theoretical part of the thesis provides legal, philosophical and media background for further analysis in the special part of the thesis. The analytical part deals with selected case studies of media photography conflicting with right to privacy of public figures. First chapter focuses on the freedom of speech and freedom of the media in historical, legal and philosophical perspective, deals also with the problem of censorship and technological challenges in the postmodern electronic age of the internet. Second chapter critically examines the concept of watchdog journalism in democratic system with special interest in the debate on the current affairs of the British media system. Third chapter deals with right to privacy and reflects also on the fluid concept of privacy in the era of social networking. Fourth chapter analyzes so-called public figure doctrine, celebritization and mediatization of politics and also discusses the collision between free speech and privacy....
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The case-law of Czech courts with respect to environmental protection
Dudák, Jan ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The main purpose of my thesis is to examine the case law made by the Czech courts related to environmental issues and to formulate general conclusion from the analyzed case law. My goal was also to prove whether the considered case law is contradictory, or not. I browsed many judicial collections, legal journals etc. and I paid attention to equal or not equal decision making in similar matters. My study concerns on the issues which are solved by the courts either contradictory, contrary to the past, in a new perspective or even surprising for its different reasoning in comparison to the doctrine. The thesis firstly deals with the role of the courts in the environmental protection, than it focuses on the basic issues of environmental law, in particular at the right on a healthy environment and the restraint of property right. A special part of the thesis is devoted to the administrative proceedings with a potential impact on the environment and the effectiveness of legal protection provided by the courts. Finally, the thesis deals with the judge made law related to the protection of nature and landscape as well as other spheres of environment. The judge made law in environmental issues is essentially uniform, but in certain question it is contradictory. There is a significant tension between the doctrine and...
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Contentious issues of the failure to provide aid as reflected in case law of Czech courts
Schöberová, Sandra ; Vokoun, Rudolf (advisor) ; Herczeg, Jiří (referee)
This work deals with failure to provide assistance. This is a very complex and extensive topic related to everyday life each of us. Often there are issues regarding the interpretation of certain concepts. Addressing these questions provides case law. The most contentious issues occur in relation to the areas of health . Failure to provide assistance is not just a matter of law , but relates to many other social sciences and disciplines . Although the failure to provide assistance in this work mainly deal with in terms of criminal law, I outlined a lot of problems incorrectly . Typically it is the ignorance of first aid and, unfortunately, more often by human indifference. Therefore, I consider that the solution to the problem lies more in each of us than in the hands of lawmakers.
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The Case Law Publication
Králík, Lukáš ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee) ; Masopust, Zdeněk (referee)
The phenomenon of the case law and publication of the case law reports has been present in our legal culture at least since the 13th century, as well as in some other European countries. Court decisions in writing occurred through several types of documents and sources. We can trace the case law documents in the public royal records ("the plates"), the law books and the first constitutional codifications of law. There is even particular group of the law collections which we can actually name as the original case law reports. The case law reports were designed even before this period of time. Unfortunately, no such original law reports survived up to the present day. We can strongly state the sustainable tradition of typical case law collections in the Czech legal culture since the medieval times. The very first case law reports in modern sense of meaning came in late 1850`s. But the periodicals case law reports in the Czech language eventually appeared with the year of 1918 when the Czech state was restored. Creating the case law reports and its headnotes falls within the process of court decisions publication. The courts, which constitute the top of the judicial pyramid, operate with their special individual instruments on their case law publication. The official law reports have been established...
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Disputes in trade marks: constants and specificity in judicial
Kučera, Vít ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
DISPUTES IN TRADEMARKS - CONSTANTS AND SPECIFICITY IN JUDICIAL Presented diploma work on above mentioned theme is focused on judicial activity of authoritative bodies or courts, which are or were authorized to give judgements in area of trademarks. First part of the work is naturally an introduction, which contains only general information about chosen topic and trademarks. After that brief history presentation of trademarks area follows. Then is the reader familiarized with actual regulations in force. This part is divided into two subchapters - the first one is focused on substantive law, the second on procedural law. In the second part is also closer explained why was chosen this topic of the diploma work, which is related to variety and diversity of case law in this matter. At the same time author presents authoritative bodies or courts, which give decisions in the area of questions - trademarks (brands). Due regards are taken relative to membership of Czech Republic in the European Union, and therefore to its regulations as well. Main chapter of presented diploma work is chapter three. In this chapter comes closer and detailed explanation of three, for the area of trademarks due to opinion of author fundamental, questions - likelihood of confusion, distinctive capability and trademark usage. In...
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Selected court decisions in ethically problematic cases of czech journalism since 1989
Resler, Jan ; Moravec, Václav (advisor) ; Chaloupková, Helena (referee)
The thesis deals with ethical standards in journalism from the perspective of the law and with their practical application. The text explains the basic problems of normative influence on journalism and it is focused on case interpretation. The author has chosen relevant cases of failure of the Czech media after 1989 (e.g. Rejžek vs. Vondráčková, Horký vs. Reflex or the "Kuřim case") where the breach of the law occured and a judicial or administrative decision was given. The important facts of each case are presented and generally applicable points of the decisions are analysed. Afterwards, these points are summarized and related to other cases. The thesis is structured from the general definition of normative theories, ethical standards, legal provisions and their comparison to case analysis.
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