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Price regulation of medical drugs in the Czech Republic
Földeš, Michal ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
The purpose of the thesis is to complexly cover the area of pricing regulation of medicinal products in the Czech Republic. That means to analyze relevant Czech legislation and decision-making by the supreme judicial bodies in the country, investigate their historical background, compare conclusions already made in the area, and introduce own original suggestions. The reason for the research is an insufficient amount of sources covering the chosen topic, and in particular, the absolute absence of published papers which would embrace the topic of pricing regulation of medicinal products in the Czech Republic as whole. The thesis is composed of three chapters, each of them dealing with different aspects of the pricing regulation of medicinal products. Chapter One is introductory and defines basic terminology used in the thesis: price, pricing regulation, pricing decision, and medicinal product. Chapter Two examines the historical background of current legislation and possible approaches in the area of pricing regulation of medicinal products in the Czech Republic. Chapter Three provides an outline of current scheme of pricing regulation of medicinal products under Czech law with respect to the relevant judicial decisions. Conclusions are drawn at the end of the paper. The main aim of the thesis is to...
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Protection of Personal Data
Šolc, Martin ; Millerová, Ivana (referee) ; Kopecký, Martin (referee)
This rigorous thesis deals with the protection of personal data. This is an issue relating to each of us, thereby personal data and its protection becomes very significant legal phenomenon. The thesis includes alongside the initial part, where a concept of personal data and a sense of its protection is described, also treatise on historical development of international law on protection of personal data and on constitutional ground too. The largest part is devoted to the Act on the Protection of Personal Data and its legal regulation of protection of personal data, which is also the main formal source of its legislation. It is followed by the last part of the thesis dedicated to the protection of personal data according to selected special laws. The thesis strives for comprehensive and thoroughgoing analysis of protection of personal data in terms of generally binding legal regulations, and for the identification of weaknesses in the legislation on protection of personal data, as well as for its clear and logical submission eligible also for use of law laymen.
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The right to information
Strava, Ondřej ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The text deals with the question of defining what exactly right to information is. As the public debate concerning different institutes of the right to information and transparency goes on intensively and extensively in the Czech republic as well as worldwide, it has become the aim of the author to search for the roots of the right, of both its restrictive and extensive scope and its guiding principles. Such a research should be useful for the interpretation and the aplication of the relevant law and serve as a guide for the proper understanding of the rights' social and legal importance. The first part of the text after the introduction describes the term of the right to information, it's evolution in history, philosophical, political and legal basis and contemporary meaning. The following chapter concerns itself with the material sources of the right, i. e. the reason and meaning of the existence of the right. It explains the rights' commonly recognized width and depth and its liberal and conservative tendencies reaching from the current events into the even more informational based future. The conflict of the right with the other interests of modern society is covered and the different formal sources of the right are listed demonstratively. The third chapter examines the universally acknowledged...
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Information law according to act. No. 106/1999 Coll., on free access to information
Houšková, Ivana ; Handrlica, Jakub (referee) ; Millerová, Ivana (referee)
v anglickém jazyce Information law according to act. No. 106/1999 Coll., on free access to information The goal of this paper is to reflect on contemporary and former state act. No. 106/1999 Coll. and its practical application by communities, regions and their allowance organizations and at the same time reflect on planned and suitable amendments and main barriers of easy practical application act. No. 106/1999 Coll. Outcome of this paper is that subject, that provides informations and requesters for information have different interests and planned amendments of act. No. 106/1999 Coll. aim their effort to solution of undisputed problems. Undisputed problems is especialy terminology of act. No. 106/1999 Coll., zero interconnection or unclear interconnection between InfZ and other laws, unclearness procedural tasks and chaotic mandatory promulgated informations.
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Proceedings for administrative delicts of legal entities
Hyldebrant, Pavel ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
A heated debate was going on during the past few years among Czech lawyers concerning punishment of legal entities. It culminated as the law on criminal liability of legal entities and proceedings against them was passed. However, this has not solved all the problems of legal regulation of delicts committed by legal entities. The question of reform of administrative punishment remains relevant, although not urgent. The current legislation suffers certain defects, in particular its incompleteness, which has to be addressed in legal practice by using laws whose primary field of application lies elsewhere; those laws do not address all peculiarities of administrative punishment of legal entities. While the main discussion is centered on substantive law, proceedings for administrative delicts of legal entities deserve attention as well. My thesis is divided into four parts. The first part briefly outlines the historical development of the proceedings for administrative delicts of legal entities. The second part provides a brief overview of the current state of legislation, focusing on the sources of law. The third part deals with general principles of law relevant for proceedings for administrative delicts of legal entities, especially the right to a fair trial, as described in the Convention for the Protection...
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Public law aspects of municipal waste management
Chmelík, Václav ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
The thesis called Public law aspects of municipal property management deals with the topic of property management of the territorial self-governing units. The basic units are municipalities and the higher-level territorial administrative units are regions. Municipalities and regions have a legal personality and are public corporations which may have their own property and manage their own budget. Management and disposal of the self-governing units own property and it is one of the fundamental aspects of local government in the Czech Republic. The aim of this thesis is to provide an analysis of the main public law aspects disposition of the property of self-governing units. The thesis is composed of the three sections. The first two sections are focused on the general terms and principles, without which it would be impossible to comprehend more details the disposal of municipal property itself which is discussed in the third section. The first section describes the definition of territorial self-governing units, especially its position as a subject of property rights. There is also described the definition of property and division of property according to the different criteria. The second section deals with the management of municipal property. There are described basic obligations of the...
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Proceedings for administrative delicts of legal entities
Totzauer, Aleš ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This thesis is focused on the proceedings on the administrative offenses of artificial persons in the first instance, particularly on the peculiarities resulting from the nature of the proceedings, the subject of which is a criminal charge in the meaning of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the accused person that is a fictitious artificial person. The thesis is divided into eight chapters. The first chapter deals with differences between the administrative and the court offenses, their classification and subsuming under the term "criminal charge" pursuant to Art. 6 of the Convention as interpreted by the European Court of Human Rights and national courts. In the second chapter, author provides insight into the principles of administrative law and administrative proceedings which are in each case interpreted in the light of the proceedings on administrative offence of the artificial person; attention is also paid to appropriate and necessary modifications of the principles. At the end of this chapter, the principles primarily applied with regard to criminal procedural law are analyzed. These principles must be applied per analogiam within the proceedings on administrative offence due to their absence in the Administrative Code. In the third...
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e-Government
Vyškovský, Pavel ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The aim of this work is to study the theoretical definition of e-Government in the Czech Republic and its subsequent comparison with the actual functioning in practice. The purpose was not only to describe the theoretical concepts and approaches to e-Government, but to show the real problems that are associated with the development of e-Government, and which are not, in my opinion, described in any scientific literature. In the first part, the general definition and different views on eGovernment was described. Also its development in the Czech Republic was briefly mentioned, together with its current legislative and institutional background. The second part describes the actual individual elements of e-Government. The third part of the work was based on the knowledge that I gained during my work at the court and Ministry of Justice. It was motivated by an effort to describe the actual practice and the consequences of the introduction of e-Government. The aim was to describe how are the basic, legislatively modified, parts of eGovernment used in the judiciary, and what has the judiciary made, or is making, beyond the legal obligations, and also to describe interdependence of the various elements of e-Government. The fourth part contains mainly a notice that it can not be simplified that...
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Abstract acts of public administration in the Czech Republic
Batfalský, Lukáš ; Millerová, Ivana (advisor) ; Korbel, František (referee)
The topic of this master's thesis is the legislation of local self-governing units from the moment of its creation to its possible repeal by the constitutional Court. The thesis is divided into eight chapters which are divided into subchapters and further. The first chapter describes basic concepts which are mentioned in this thesis and are related to the topic. This is e.g. explanation of the concept of an abstract act and examples of what abstract acts exist in our country, the definition and division of public administration, explanation of what self-govern is and how it is divided, what are generally binding ordinances and regulations and what is the difference between the two. More basic concepts which are important for the comprehension of this master's thesis are explained. The following two chapters talk about the process of creation of generally binding ordinances of Municipalities and Regions and their regulations too. There are described requirements and structures generally binding ordinances and regulations of Municipalities and Regions, their receiving authority, who can the legislation suppose, its approval, force and effect. The fourth chapter focuses on the effectiveness of generally binding ordinances. It shows what areas municipalities and regions can issue generally binding...
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Data retention -depositing operational and localizing data
Jirovský, Lukáš ; Korbel, František (advisor) ; Millerová, Ivana (referee)
DP - Lukáš Jirovský, Data retention, 2015 Abstract Data retention - storing of traffic and location metadata The topic of this thesis is data retention - traffic and location metadata storing (and providing to state) by telecommunication providers according to Czech and European law (including rulings of constitutional courts). It also describes compliance or conflict with the users right to privacy and also possibilities to provide this data to users. There is also technical description of the data with their meaning and statistics of crimes detection according to validity of this law.
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