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Contracts under public law
Háleková, Ivana ; Vedral, Josef (advisor) ; Rajchl, Jiří (referee)
in English The main topics of my thesis are public law contracts. Public law contracts can be defined as bilateral or multilateral legal operations, which establish, change or repeal rights or duties in the area of public law. I tried to give a complete point of view on them, including their history, the actual legal regulation and I also tried to present the single types of public law contracts. Public law contract is one of the forms of public service. It is an institute, which was already commented by legal theorists in the period of Austria-Hungary and also in the beginning of 20th century. The importance of this institute was shaded during the Second World War and during the period of communism. The democracy and then the general legal regulation in form of the normative act No. 500/2004 called the Rules of Administrative Procedure give the institute importance again. Public law contracts can be considered as instruments, which help to involve private entities in the sphere of public services. The thesis is divided into chapters, but it is possible to say, it is divided into two big parts. The first one concerns the definition of the public service in general, because I suppose it is necessary to understand the whole system for determining the public law contracts issues. It also concerns the...
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The Institution of Complaint According to the Administrative Procedure Code
Adamec, Martin ; Prášková, Helena (advisor) ; Rajchl, Jiří (referee)
- The Institution of Complaint According to the Administrative Procedure Code The subject of this rigorous thesis is a special type of complaint, which is a complaint about certain kind of behavior or procedure in public administration. Author of this thesis generally defines the complaint as an individual submission of the complainant intended to achieve a correction of the perceived drawbacks. The element of the individuality differs this type of submission from petitions, for which the shared interest is characteristic. Unlike the petition law the legal regulation of the complaints is very problematic and fragmented. It happens to be a remnant of for a long time unsolved situation, where the complaints were regulated by a controversial governmental decree from 1958, which was issued by unauthorized government and which was intended as provisional only. Despite the subsequent polemics regarding its validity and binding effect was this decree abolished as of 1 January 2006 relatively without any substitute. Until that time the complaints were regulated in a plenty of special acts, but the general regulation was missing. The change was supposed to be brought by the current Administrative Procedure Code, which original government proposal lacked the regulation of the complaints, but in the end it...
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The meaning of the process of the Environmental Impact Assessment (EIA) in the environment regarding Rules of Administrative Procedure
Krystová, Karolína ; Humlíčková, Petra (advisor) ; Sobotka, Michal (referee)
The process of the environmental impact assessment is an important means of the preventive protection of environmental law. This process can be seen from two plains that are represented by the distinct means of legislation relating to the environmental impact assessment. The first plain is a strategic environmental assessment (SEA), the subject of which is constituted by the assessed documents, plans and other conceptual tools. The second plain is an assessment of projects (EIA), the subject of which are already particular plans of buildings, technology and other projects with a significant impact on the environment. The purpose of this thesis is both general and individual confrontation of peculiar process of assessment of projects with the rules of administrative procedure to determine whether it is possible to submit the EIA to the administrative proceedings, or at least certain provisions of the rules of administrative procedure. As an administrative process that is managed by public administration authority, is EIA process subjected to the legal provisions regulating the activities of public administration at the same time. The rules of administrative procedure is the basic legislation governing the administrative procedural law. This thesis deals with a relationship between the process of...
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The procedures of public administration in the area of state aid
Koutná, Martina ; Kopecký, Martin (advisor) ; Pomahač, Richard (referee)
Thesis on the topic: The procedures of public administration in the area of state aid Author: Martina Koutná The main aim of this thesis on the topic "The procedures of public administration in the area of state aid" is to analyze the issue of investment incentives in the Czech Republic from the perspective of the state aid rules and the reasons for this regulation. The main attention is paid to the system of investment incentives based on Act on Investment Incentives in the context of the general problems of state aid. The work focuses on the application of the Administrative Code on the investment incentives and analyzes the process of public administration in providing subsidies on the basis of budget rules. The aim is to analyze the diametrically different approaches and to point out key differences. In particular, that the Administrative Code is applicable to the process of providing investment incentives and the process is subject to judicial review. While in the case of subsidies, on the basis of budget rules, neither administrative procedure nor judicial review is possible. In connection with the provision of subsidies " anti-corruption amendment" to the budget rules is critically assessed and the author refers attention to its unconstitutionality. Among other things, the thesis points out...
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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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Legal Analysis of the Process of Children's Nursery School Enrolment
Oplová, Jaroslava ; Kitzberger, Jindřich (advisor) ; Svoboda, Petr (referee)
TITLE: Legal Analysis of the Process of Children's Nursery School Enrolment AUTHOR: Jaroslava Oplová DEPARTMENT: The Centre of School Management SUPERVISOR: RNDr. Jindřich Kitzberger ABSTRACT: The paper work deals with individual operations in the process of admitting children to the nursery schools, following primarily the Education Law and Civil Service Rules. The legal frame of administration authority actions such as contained in the Civil Service Rules is rational, however very extensive. A thorough knowledge of additional related legal regulations is necessary to observe legitimacy in the course of entire administrative procedure. The admission standards become significantly involved, according to which the ranking of applicants is determined. After passing the Law No.49/2009, which altered the Law No. 561/2004 of Statute Book on preschool, elementary, secondary, college and other education (Education Law), in reading of later regulations, discrepancies in legal provisions of Education Law in the decision-making field concerning also preschool education have happened, as the decision-making in admission to nursery schools was removed from the scope of the Civil Service Rules. Even the expectations concerning implementation of the principles for admission process to preschool education into the...
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The Principle of Subsidiarity of the Administrative Procedure Code
Jemelka, Luboš ; Mikule, Leoš (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
Jemelka, L. The Principle of Subsidiarity of the Administrative Procedure Code, dissertation. Prague: Charles University in Prague, Law Faculty, 2012 In this dissertation I address the principle of subsidiarity of the Administrative Procedure Code, in particular I address the issue of current, previous and future application of the general rules of administrative proceedings in certain administrative proceedings and other procedures of the administrative bodies. This topic, which is close to my profession, is seen from the practical as well as from the theoretical point of view. The Czech administrative proceedings are analysed in both aspects de lege lata and de lege ferenda. In introduction of this dissertation I describe basic terms relevant for definition of the mutual relation between legal acts. I emphasize mainly the possible meaning of the term subsidiarity and particularly its meaning expressed by the rule lex specialis derogat legi generali. I also address other terms such as reference, analogy ect. Assessment of the application and subsidiarity of the Administrative Procedure Code is not limited to the current legal framework, but covers also applicability of the principle of subsudiarity of the Administrative Procedure Code in the past. It is necessary discuss the previous legal...
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Selected aspects of the offense law
Jiránková, Nikola ; Korcová, Renata (advisor) ; Pavla, Pavla (referee)
The Master`s thesis ,,Selected aspects of criminal law,, deals with the legal regulation of offense procedure and provides a comprehensive view on the issue of the procedure. The introductory part is focused on basic sources of criminal law that are further divided into domestic and international. The mutual relation between Act no. 200/1990 Coll. about offenses, as amended, and Act no. 500/2004 Coll., Administrative Code, as amended that are involved in the infringement proceedings, is analyzed in particular. The second part of the thesis focuses on the general substantive alteration of offenses and the definition of their basic concepts. The third part focuses on the proceedings, the termination of proceedings in the first instance and summary proceedings, including the legal remedies and judicial review. The practical section provides examples of specific solved cases of selected offenses, including an evaluation of the statistical evidence provided by the Infringement commission Municipal Bureau of Zatec. The conclusion of the thesis contains considerations de lege ferenda.
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Recovery of claims in ČR
Obermajerová, Marie ; Hájková, Ivana (advisor) ; Pikola, Pavel (referee)
The thesis follows up the interpretation of the administrative proceedings pursuant to Act no. 500/2004 Coll., Administrative Procedure. It begins with the history and development of the administrative proceedings in the Czech Republic. The aim is to further clarify the basic principles of administrative bodies. The main part explains the general provisions on administrative proceedings, for example what administrative bodies exist, what is a participant in the proceeding and which tasks it makes. Further follows its own course of the proceedings at first instance. This is the initiation of the procedure, its progress and the possibility of an appeal. The last part deals with administrative proceedings under special laws. This is the procedure for non-payment of social security contributions and state employment policy. The thesis describes the methods of execution order from the social security against debtors
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