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Legal regulation of the renewable energy resources
Bartalská, Katarína ; Damohorský, Milan (advisor) ; Žákovská, Karolina (referee)
Legal Regulations on Renewable Energy Sources Abstract Submitted thesis presents issues of legal regulations on renewable energy sources emphasizing mainly legal regulations concerning electricity generation of alternative sources. This thesis offers a review of international documents and instruments of international law within a scope of the support of renewable energy sources. Regarding the Czech and Slovak Republic as members of European Union, this thesis also concerns an overview of the European legislation as a tool of integration of energetic markets of single member states and setting binding targets on quota of energy produced from renewable energy sources in the EU member states. Based on the set scientific methods, the thesis describes historical development and basic resources used by creation of legal regulations for renewable energy sources. Using comparative method it summarizes and compares legal regulations on the renewable sources of energy as used in Czech and Slovak legal system. The objective of the thesis is to provide a complex overview of the legal regulation on the renewable sources of energy as the part of environmental law and energy law in the Czech Republic and Slovakia. Keywords: renewable energy sources, environment, energy policy, legal support
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Contract as understood by the economic analysis of law
Bartošek, Jan ; Maršálek, Pavel (referee) ; Kühn, Zdeněk (advisor)
142 Abstract Economic Analysis of Contract and Contract Law (Master Thesis) Jan Bartošek This thesis analyzes contracts and contract law from the Law and Economics point of view. In other words, in this thesis, economic approach is utilized to assess the above mentioned areas of law introducing and employing crucial concepts such as the Coase Theorem (and its underlying notions of the efficiency of law), Posner's theory of market-mimicking law, or Guido Calabresi's concept of legal rules. Moreover, various attitudes toward the economic analysis of law are addressed; and the status and future of Law and Economics (with regard to the European and especially Czech context) are considered. The argument is structured in three parts: the first part summarizes the historical development of Law and Economics and presents its standard analytical tools; the second part embraces the problems of contract and contract law within the framework of Law and Economics (perfect and imperfect contracts or the problem of efficient breach); and, finally, the third - analytical - part of the thesis applies the economic tools to the judicial decisions-making process both in general and in real life by reviewing two sets of decisions made by the Supreme Court of the Czech Republic. In sum, the thesis' three-tier structure does not...
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Current trends in the global and Czech Insurance
Vakrčka, Pavel ; Daňhel, Jaroslav (advisor) ; Kábrt, Tomáš (referee)
This thesis reviews current trends in both global and Czech insurance industry. It describes the origin of their law which shaped the insurance market. The current state for each continent in several categories is analysed through the available data. A large part is devoted to the European environment. The conclusion contains the most important changes in legislation which could significantly impact the insurance industry in the coming years.
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Dissemination of civil engineering expertise into individual specialization
Nič, Milan
This contribution deals with the proposal of restructuring the field of civil engineering expertise into 7 specializations. It describes current standards, which divide the field of civil engineering expertise into 13 specializations. The current specialist distribution in force at the Ministry of Justice is not compatible with other sectors, which includes the fields of study at Slovak academic institutions and categorization administered by the Slovak chamber of chartered civil engineers. After being subjected to a critical review by industry and other experts the proposal is intended to be submitted to the Ministry of Justice to be incorporated into upcoming new legislation.
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The access to healthcare for asylum seekers in Italy: disparities between legislation and practice
Rossetti, Elisa ; Štěrbová, Ludmila (advisor) ; Zeitel Bank, Natascha (referee)
Asylum seekers are a socially excluded migrant population, presenting specific healthcare needs, which are often not acknowledged, nor properly addressed by national and European laws. Hailing from areas with poor sanitary attention, exposed to violence during the journey, they arrive to Italy with a high health vulnerability. The aim of this thesis is to find the discrepancies between the legislation providing healthcare access to the asylum seekers, in compliance with the fundamental human rights, and the practical healthcare responses in the Italian context of the North African Emergency (2011-2013), relying on a systematic literature review. The emergency-driven responses to the asylum inflow resulted in a heterogeneous reception and healthcare assistance, as the Italian asylum legislation focuses more on asylum procedures than healthcare, which remains regionally fragmented too. Asylum seekers faced discrimination and barriers in accessing healthcare, mainly due to information, linguistic and bureaucratic difficulties. Therefore, NGOs and associations intervened locally to fill the gap left by the institutional response, with a better focus on the social determinants of health and the importance of social integration as well. After 2013, better reception conditions were formulated and the legislation revised. However, the difference between legislation and practice on the asylum seekers healthcare access constitutes a human rights violation still present nowadays. Clearer approaches should be developed to address the issue uniformly.
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Expulsion of Aliens on National Security Grounds in the Context of International and European law
Válková, Zuzana ; Ondřej, Jan (referee) ; Honusková, Věra (referee)
This study deals with the expulsion of aliens in modern international and European law. I have focused on the particular ground for the expulsion, i. e. national security, in the context of the States' obligations under some selected international human rights instruments and the relevant European law. National security is one of the generally accepted grounds for the expulsion of aliens, but the content of this term is not strictly defined. As a consequence of this lack of clarity national security may be abused by States. I focused on such abuse in the process of expulsion when States use the exception of national security as a reason for not allowing aliens to benefit from the procedural guarantees provided by international law. There have been two kinds of abuse of the national security term with respect to the procedural rights of the expelled persons found in this study. First, States expel aliens forthwith without giving them the opportunity to submit reasons against their expulsion or have their case reviewed by a competent authority also in cases when the exception of national security is indefensible. Second, the national security interest restricts the effectiveness of the appeal proceedings in cases when the domestic legislative does not permit the expelled persons to be informed about...
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Analysis of the development of VAT in the Czech Republic in 2004-2012 and its impact on practice
Kuchynková, Tereza ; Moravcová, Jana (advisor) ; Vítek, Leoš (referee)
The topic of this diploma thesis is to analyze the development of the VAT legislation in the Czech Republic in the years 2004 -- 2012 assessing the impact of changes in the legislation on practice. The diploma thesis is divided into four parts. The first part deals with theoretical background of the current VAT tax theory. The following part focuses on harmonization of VAT within the EU, and this part also includes insight on the Green Paper as the future of VAT setting in the EU. The third part shows the structure of the VAT before and after joining the European Union as well as the most important amendments of the Czech VAT law. The last part is devoted to practical problems associated with the changes of VAT, here is also included a review of all VAT forms. At the very end of the paper the topic of reverse charge in the construction industry is analyzed based on author's own work experience.
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Freedom of worship - its constitutional and statutory regulation and reflection in the caselaw of the Constitutional Cour
Popelková, Martina ; Hofmannová, Helena (advisor) ; Suchánek, Radovan (referee)
This thesis aims to analyze legislation of the Czech legal order concerning religious freedom. The work is divided in two parts. The first part of the thesis deals with the definition of religious freedom in the first place. Afterwards the thesis describes the Constitutional law relating to the religious freedom (especially the Article No. 15 and No. 16 of the Charter of the Fundamental Rights and Freedoms of the Czech Republic), international conventions relating to the theme (e.g. The Universal Declaration of Human Rights, The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights etc.) and further statutory provisions and legislative rules guaranteeing religious freedom in the Czech Republic. Major part of the thesis relating to the statutory provisions and legislative rules deals with the act No. 3/2002 Coll., on Freedom of religion and the status of churches and religious societies, as amended. The act No. 3/2002 Coll. constitutes basis of regularization of the freedom of religion in the Czech Republic. Various provisions of the act No. 3/2002 Coll. were subject to review of the Constitutional Court of the Czech Republic due to their unconstitutionality. The second part of the thesis discusses various decisions of the...
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I know when I see it 2005: basic subjective and objecive factors affecting the perception of sexually explicit materials
Chochola, Martin ; Weiss, Petr (advisor) ; Zvěřina, Jaroslav (referee) ; Uzel, Radim (referee)
K DISERTAČNÍ PRÁCI Mgr. Martin Chochola PSAV2005 : Základní subjektivní a objektivní faktory ovlivňující vnímání sexuálně explicitních materiálů 2010 AABBSSTTRRAACCTT The study "I know when I see it: basic subjective and objective factors affecting the perception of sexually explicit materials" conserns the curent issue of perception of the existence, presentation and distribution of visual and audiovisual sexually explicit materials in the Czech Republic. In the theoretical part, the psychological significance of these materials and understanding thereof is being reviewed, in the context of society alignment, politics, technology development, religion, law, sociology and psychology. The empirical part is, by means of a mapping research, focused on those basic subjective and objective factors, that affecting directly our perception of sexually explicit materials, and represents four of these factors, that are affecting demonstrably. It is the factor of socio-demographic characteristics of the consumer, his attitudes toward sexually explicit materials, sexually explicit content of specific materials and finally forms of their presentation and distribution. Moreover, the study outlines the ...
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Intellectual property protection by Customs
Drahoňovský, Tomáš ; Uhlík, Milan (advisor) ; Tomáš, Tomáš (referee)
The aim of this thesis is to detect the causes, extent and means of breaching the intellectual property rights, including its negative consequences from the point of supervisory activities of the Customs Administration of the Czech Republic. Also to suggest possible measures to enhance the service and to eliminate any imperfections in the legislative, its abidance or in organization and work management if found. The thesis is divided into two parts theoretical and practical. The theoretical part contains, according to the author, the most important international treaties, conventions and agreements, as well as the European Union law and the national legislation. In the practical part the author states his opinion on the legislation concerning the protection of intellectual property rights, brief classification of the intellectual property rights and it introduces the controlling authority including the Customs Administration of the Czech Republic and its procedures towards the goods that breaches the intellectual property. Furthermore, it presents the statistic data concerning the seized goods. The thesis states the penalties for breaching the intellectual property rights, for both the administrative delicts and criminal offences. It also contains a questionnaire carried out within the Customs Administration of the Czech Republic which purpose was to find out their opinion on the legislation, organization and work management in the field of intellectual property. The results are analysed in the conclusion of the thesis and it presents the imperfections in the areas stated above. The author suggests suitable adjustments to eliminate these imperfections according to his best judgement even though he is not a lawyer. Finally the author reviews the issues mentioned throughout the whole thesis and summarizes the aim of the thesis.
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