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Transfer of personal data abroad
Jeřábková, Helena ; Boháček, Martin (advisor) ; Wimrová, Hana (referee)
The purpose of the work is to evaluate the stage of development of the rules for tranfer of personal data for the European union to the third countries. First it gives necessary information regarding the protection of personal data in general including the key terms, basic principles and also the legal framework. The second part explains the legal mechanism of tranfer of personal data from EU abroad with the use of the term "adequate protection." Possible methods of such tranfer which are in compliance with the requirement of provision of the adequate protection to the protection ensured in the European Union are given. The third part concentrates on the development of the negotiations between the United States and the European Union about the transfer of personal data of air passengers and resulting legal arrangement. The work also describes current trends and provides possible future development of this sphere.
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The Issue of the Concept of Criminal Custody
Šimek, Václav ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
- The Issue of the Concept of Criminal Custody This diploma thesis deals with the instrument of criminal custody as a security instrument. This instrument is considered as quite controversial in view of the fact that it's usage means the conflict between the interest of the investigating authority to accomplish the purpose of prosecution and person's right to personal freedom guaranteed by the Charter of fundamental rights and freedoms while the accused has to be treated as innocent according to the principle of presumption of innocence. The goal of this diploma thesis is to provide a comprehensive overview of the current legislation of the instrument of custody and also of the problems connected with custody. The thesis is divided into seven chapters including the introduction and the ending chapter. The second chapter deals with the development of the custody legislation in history and major part of the chapter is focused on the Act's of criminal procedure from years 1873, 1950 and 1961. The third and the fourth chapter pay attention to the current legislation which is included in the Act of criminal procedure no. 141/1961 Coll. The third chapter extensively describes the meaning of the term of custody, custody reasons and the alternative instruments which the custody may be substituted with. The...
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Criminal defences in Czech and Irish criminal law
Kubíčková, Tereza ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Criminal defences in Czech and Irish criminal law This thesis deals with the analysis of individual elements of criminal defences under the Czech and Irish criminal legal statutes with respect to the conclusions, which are therefrom drawn in theory and practice. The aim of this thesis is to render an overview concerning the distinctions and similarities in understanding, importance and operating of the defences in different law systems, rather than to present an exhaustive commentary on all legal institutes which exclude illegality and as such come into mind. Regarding the fact that Czech and Irish systems of law are subsumed under different legal systems, particular institutes of criminal defences cannot be based on the same rules, principles and theoretical grounds. It shall be noted, that while Czech criminal law is mainly to be found in a single piece of legislation known as the Criminal Law Act, Irish criminal law on the other hand not only has a separate statutory legislation, but also mainly depends on common law. The subject has been processed under consideration of the present-day legal regulation, whereas particular legal institutes are structured in compliance with the structure of the Czech Criminal Law Act. The topics of origin and development of defences has intentionally not been...
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Contractual freedom versus protection of employees
Kotula, Tomáš ; Hůrka, Petr (advisor) ; Lang, Roman (referee)
This diploma thesis deals with the problematics of the contractual freedom and the protection of employees in labour law relations and the concept of flexicurity which seeks to find balance between these two opposing notions. Its main objective is to evaluate the applicable Czech legislation regulating formation and termination of an employment relationship from the view of flexicurity, including by proposing possible changes of legal instruments within the framework of reflections de lege ferenda. The first part characterizes the contemporary Czech labour law legislation and the concept of flexicurity, followed by its reflection into the Czech Labour Code. This part concludes with an introduction of successful flexicurity models. The following part analyses both development and understanding of flexicurity at European level with the focus on impacts of EU strategy for the Member States. The key parts of this thesis are parts number three and four which deal with the legislation regulating formation and termination of the employment relationship in the Czech Republic. In these parts, relevant legal instruments are first defined and then evaluated with respect to their flexibility and security. The third part defines the course of formation of the employment relationship, particularly on the basis...
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On Supervision of Financial Markets by Czech National Bank : (focused on Consumer Protection in the Financial Markets)
Skácelík, David ; Marková, Hana (advisor) ; Kohajda, Michael (referee) ; Švarc, Zbyněk (referee)
1 On Supervision of Financial Markets by Czech National Bank (focused on Consumer Protection in the Financial Markets) This work deals with the consumer protection in the financial markets in the Czech Republic. The opening part of this thesis briefly describes the situation in Czech(oslovak) legislation before 1989. The governing system was not at that time conducive to significant economic activity and the scope of financial markets was limited. As a consequence, legislated protection of market participants had not to be extensive. Need for consumer protection increased after the then-prevailing economic model had been changed into the current market-oriented model. The expansion of economic activities, including the development in the financial markets, necessitated simultaneous passing of updated law more suited for the new social circumstances. Owing to the preparation of the Czech Republic's entry into the European Economic Community at that time, it was necessary to harmonize the new Czech law with the laws of the Community. Besides the change of the "Code civil" as a basic regulation of private law, new specific regulations have been passed - for example the Consumer Protection Act or the Consumer Credit Act. In connection with the formation of capital markets, it become necessary to issue entirely...
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Depoliticization of the state administration in the Czech republic
Vintrlíková, Veronika ; Vláčil, Jan (advisor) ; Mitwallyová, Helena (referee)
The Master´s thesis describes the development of public administration-civil service and depoliticization. It is focused on the period after revolutionary year 1848 until now. During this time the state system changed. Based on that and different regulations, the thesis shows differences and same things between each other. It compares with each individual period. The thesis deals in detail with the current legislation. There are highlighted parts related to depoliticization. In the end of this thesis is the sociological survey, which shows, how feel staff of civil service about new legislation. The result is that the current legislation is important for our modern civil service, but does not make any deeper changes meantime.
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Corporate restructuring
Revaj, Eduard ; Smrčka, Luboš (advisor) ; Schönfeld, Jaroslav (referee)
This thesis deals with the development of the bankruptcy laws in the Czech lands. Thesis discusses the post-revolutionary period, in which centrally planned economy in the Czech Republic returned to market economy. It is discussing critique, shortcomings and amendments of bankruptcy law formed in 1991 by law on the Bankruptcy and Arrangements. The complete change of imperfect legislation followed in a form of Czech Insolvency Act. It addressed critique from the professional community and international institutions led by European Central Bank. Thesis approaches and clarifies issues surrounding new Insolvency Act. It brought a remediation solutions for bankruptcy, especially restructuring, that was lacking in Czech legislation until then. The concrete case of enterprise restructuring of company CP Praha, s.r.o. is discussed in practical part. It evaluates the procedure, satisfaction of creditors and overall assessment of the whole process.
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Changes in corporate governance regarding private law recodification
Fišerová, Klára ; Kubíček, Aleš (advisor) ; Štamfestová, Petra (referee)
The primary aim of this thesis is to conduct a comparative analysis of the former and the current private law regulations concerning governance of joint-stock companies. What this thesis mainly focuses on are practical impacts of the change and problematic areas which are uncertain to interpret. This work is divided into two parts, theoretical and practical application. The former deals with the definition of the term corporate governance, theoretical bases of corporate governance and governance models and theories. In the latter the most fundamental changes brought by the recodification are taken into consideration, these being the possibility of choice between monistic and dualistic corporate governance systems, adaptation to the new regulations and the changes regarding the statutory representative. In this section, the thesis comments on the terms due care and and business judgement rule.
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Termination of employment
Kozel, Jiří ; Soušková, Milena (advisor) ; Spirit, Michal (referee)
The aim of the thesis is to analyse the new Czech civil law reformed by the new civil codex launched in 2012 and its impact on Czech labour law, especially focusing on different methods of the termination of employment. First Chapter is general and deals with determining relations and definitions that the labour law is based on and the principal chapters are to record of recent changes that have occured in the termination of employment and to state its conclusions.
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