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The protection of animals against cruelty
Nemravová, Veronika ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
The purpose of my thesis is to analyse the legal regulations related to the protection of animals against cruelty. Many jurisdictions around the world have enacted statutes which forbid cruelty to animals because of the recognition of an animal's ability to feel pain. I also tried to summarize also the legal sources in European as well as in our legislation. The thesis is composed of four chapters, each of them dealing with different overview of animal cruelty laws. Chapter One is introductory and defines basic terminology used in the thesis. The chapter is subdivided into four parts. These parts deal with philosophical claims about the status of animals and the first tendency to protect them. Part Four focuses on animal welfare. Animal welfare is the viewpoint that all animals, especially those under human care, should be treated in such a way that they do not suffer unnecessarily. Chapter Two reports on international protection of animals. Many organizations all around the world are trying to convince governments and key decision makers to change practices and introduce new laws to protect or improve the welfare of animals. The most important Conventions signed by the member states of the Council of Europe are mentioned. Chapter Three is concerned with the European Union and its approach to...
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Selected issues of conflict of laws in international family law
Birnerová, Nikol ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
This thesis is aimed at specific questions of conflict rules of the international family law. Specifically, it focuses on the conflict law rules of matrimonial law with an international element. It takes into account the domestic, as well as the international regulation and regulation of the European Union. The thesis is divided into eight chapters. It starts with an introduction, which is followed by the second chapter which deals with the concept of international family law and its sources. The third chapter devoted to a general explanation of the conflict rules including the most significant related terms, such as determining factor or public order. The fourth chapter is aimed at the legal regulation of concluding a marriage with respect of the conflict rules determining the law applicable in case of capacity to conclude a marriage, its validity and form. This chapter also deals with consular marriages and marriages concluded abroad in case of threat to life. The fifth chapter contains he conflict rules of personal and property situation of spouses. This chapter at the same time reflects a recent progress in this field as far as European Union law on property situation in marriage is concerned. The sixth chapter is aimed at termination of mixed marriage and primarily at conflict rules of...
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Selected legal issues of international passenger transport
Vosátková, Karolina ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Selected legal issues of international passenger transport The topic of the diploma thesis is 'selected legal issues of international passenger transport'. The aim of the thesis is to analyse the issues of substantive law related to the liability of carriers and rights of passengers in the international rail, road and air transport. The thesis focuses on applicable legislation of liability of carriers and rights of passengers, but also deals with the legislation proposed pro futuro. The diploma thesis is divided into seven chapters, further divided into subchapters. In the introduction the thesis defines the term 'international passenger transport' and summarises its key legal sources. Further, it addresses the conflict of law rules applicable to the contract on international passenger transport. The core of the thesis is in the following chapters that deal with the direct substantive rules governing the liability of carriers and rights of passengers in individual types of transport, which are contained especially in multilateral international conventions and secondary legislation of the European Union. The conclusion of the thesis summarises and assesses the analysed legal issues in the researched legislation. The first, opening chapter contains the introduction to the topic of legislation related...
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Summary and simplified proceedings in Administrative and Criminal Law with a view to procedure for ticketed administrative infraction
Bitterová, Markéta ; Prášková, Helena (referee) ; Vanduchová, Marie (referee)
Resumé This rigorosum thesis deals with summary and simplified proceedings in Administrative and Criminal Law. Its main part focuses on the procedure for ticketed administrative infraction. It consists of six chapters, aimed at exposition of fast - track procedure for the administrative infraction, administrative procedure to issue an administrative order in set of conditions of Rules of Administrative Procedure and Administrative Infractions Act, special procedure on place, summary proceeding in Criminal Law such as issuance of criminal order, summary pre - trial proceeding and simplified single judge hearing. Finally there is a brief reference to European Administrative Law. An introduction and conclusion are included as well. The most comprehensive part of this thesis concerns with an administrative hearing on a ticket. This chapter is divided into several subsections. First of all, I tried to bring out the short development of this legal institute since 18th century. Then I described crucial concepts connected with this theme and mentioned basic legal regulation. The most important item is that the procedure for ticketed administrative infraction can be conducted just under certain conditions. These are that the administrative delict is reliably found out, a reprimand is not sufficient and the accused...
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Personal data protection in employment formation
Morávek, Jakub ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
1 Resumé Personal data protection in employment formation This thesis is concerned with the questions of personal data protection in connection with labor-law relationships. In the concrete the author focuses on personal data protection in formation of the employment. First the author deals with general legal basis of the issue and, consequently, the author analyses personal data protection in positive law, namely in the Act No. 101/2000 Coll., on the Protection of Personal Data, as amended. The author examines in detail some questionable duties of the employer connected with processing of personal data of his employees and, at the same time, refers to the imperfection of transposition of the Directive 95/46/ES of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of these data. On the basis of given comments the author in the general level presents the scope of personal data that can be requested by the employer from the employee in formation of the employment. The author deals with often discussed cases of processing of personal data in the labor-law relationship as for example using of the employee 's photography, recording his family relationships etc. By means of practical example of...
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Integration of the Financial Markets of the New Member States of the EU
Chaloupka, Jiří ; Taušer, Josef (advisor) ; Záklasník, Martin (referee) ; Varadzin, František (referee)
The subject of the thesis is the integration of financial markets of the new member states of the European Union (hereinafter referred to as the NMS). According to the standard economic theory, the process of financial integration should be associated with several positive effects, among others a) the enforcement of the law of one price in the form of the interest rate parity, b) the smoothening and the synchronisation of the consumption growth among countries, c) the increased diversification of investors portfolios, and d) the decreased dependence of domestic investments on national savings. These envisaged effects serve in the thesis as the indicators of the integration of NMS financial markets with the global financial market. These indicators show that the degree of the financial integration differs among the NMS, despite the fact that they all went through the process of integration with the EU. However, the order of the NMS based on the degree of their financial markets integration could not have been determined as each test indicated a different order. However, most tests indicated that there is a trend towards more integration of the NMS financial markets as the dependence of the domestic consumption growth on the global consumption growth has been increasing and the dependence of domestic investments on national savings has been decreasing. Surprisingly, the indicators did not prove the hypothesis that NMS financial markets are more integrated with the financial market of the EU, despite the fact that these countries had to open their markets to investors from the EU and had to harmonize their legislative requirements. Contrary to the results of previous articles, indicators used in the thesis show that majority of the analysed puzzles in international economics disappeared for large developed markets like the USA. On the other hand, these puzzles persisted for the NMS. Given that majority of the NMS adopted euro during the period under investigation, results presented above indicate that the financial markets of the NMS were not fully integrated with the financial market of the EU and therefore one of the conditions for the existence of the optimum currency area has not been met. Such result also contradicts the hypothesis of the endogeneity of the optimum currency area as the adoption of the common currency did not improve the degree of financial market integration.
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Counter-terrorism policy in the EU and it's impact on human rights
Husárová, Katarína ; Druláková, Radka (advisor) ; Dubský, Zbyněk (referee)
Our thesis has aimed to show a relationship between certain aspects of EU counter-terrorism legislation and the impact it has on basic human rights. We have used the example of incommunicado detention laws in Spain to show that denying the detainees access to basic rights such as (and most importantly) access to legal counsel could lead to systematic abuse of human rights under the Articles 3, 5 or 6 of the European Convention on Human Rights (ECHR). We have shown that in the EU, where counter-terrorism mostly falls under criminal law, the only viable way to combat terrorism is to create exceptions in such law system with the aim of effectiveness. We have shown that these (such as incommunicado detention mentioned above) exceptions will pose threat to basic human rights. We have concluded that combined with mass pre-emptive surveillance and ability to stop and search at will (example of Article 44 in the UK), the Spanish example could lead to a legal system that could by systematically abused and used for suppressing others. We have concluded that on standalone basis, some EU states (notably Spain and the UK) have counter-terrorist laws that have high possibility of infringing upon basic human rights. However the real threat lies in the worst of them combining on the EU level.
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Employers' Liability for Employees' Personal Injuries
Štaňková, Helena ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
Employer's lability for damages of an employee's health The purpose of my thesis is to analyze contemporary legal regulation of employer's lability for damages of employee's health with its former regulation in the labor code from 1965 and its future regulation in the code 266/2006 Sb. The thesis is composed of eleven chapters. Chapter one is introductory and characterises the basic sources of law in this sphere. The chapter is subdivided into three parts - International agreements, European law and National legal regulation. Chapter two examines a description of terms occupational accident and occupational diseases. This chapter is subdivided into trhree parts. Part one gives a description of occupational accident, damage and causality between occupational accident and damage, which are necessary preconditions of employer's lability for occupational accident. The subsequent part is about occupatinal diseases and the employer's lability for them. In this part is also a list of occupational diseases. The third part of the chapter gives an attention to special institute of endangerment by occupational disease. The subsequent chapter is about dues of employer and employee by the occupational accidents and diseases. Chapter Four concentrates on problem for employer's liability and the employer's...
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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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Komparatívna analýza podmienok podnikateľského prostredia pre malé a stredné podniky v rámci krajín V4
Bača, Slavomír ; Svobodová, Ivana (advisor) ; Hančár, Matúš (referee)
The main aim of the master's thesis is to clarify the problematic of small and medium-sized enterprises (SMEs), analyse relevancy and historical development of selected ratios influencing business environment conditions for SMEs, and determine the best country within V4 region in terms of favourableness of selected business environment conditions for 2014. Theoretical part of the thesis discusses the problematic of SMEs from different points of view emphasizing on the approach of European Union. Based on literature relevant indicators are selected and presented for each V4 country individually. Analytical part of the thesis analyses external environment conditions for SMEs within V4 region in 2014 through five groups of indicators: Taxation, Labour Cost, Demand, Corruption and Law Enforcement, and Easy of Doing Business. The whole analysis is conducted based on secondary data and method of indexes. All of the five groups of indicators are analysed separately and based on these results the final ranking is created. The results of the study show relatively similar business conditions for SMEs within V4 area with Poland having the best SMEs business environment in 2014.
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