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Parliamentary immunity: Czech legal regulation in force in the European context
Částková, Eva ; Syllová, Jindřiška (referee) ; Suchánek, Radovan (referee)
This rigorous thesis is dedicated to the topic of the parliamentary immunity focusing on both of its parts - i. e. irresponsibility and inviolability. Parliamentary immunity is comprehended as purely functional instrument designated for the protection of the parliament as a whole and not only of its individual members. The thesis is especially devoted to the analysis of the legal regulation of the parliamentary immunity in force laid down in the article 27 of the Constitution of the Czech Republic taking in account relevant opinions of the Czech legal law researchers and appropriate judicial decisions. It also points out the relevant parts of the legal regulation of parliamentary immunity in foreign countries for comparison as well as the practice of the European Court of Human Rights. In order to take in account all aspects of this topic, the author adverts to the historical evolution and tries to outline possible solutions of some questions connected with parliamentary immunity. Special part of the thesis focuses on the parliamentary immunity in the European Parliament. In the conclusion the author considers that parliamentary immunity has still its importance, especially the irresponsibility and consequently takes a think on de lege ferenda legal regulation.
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Deployment of the armed forces with the consent of parliament
Kilián, Kryštof ; Syllová, Jindřiška (advisor) ; Kudrna, Jan (referee)
NÁZEV / TITLE: Vysílání ozbrojených sil se souhlasem parlamentu / Deployment of the armed forces with the consent of parliament Abstract This diploma thesis deals with the issue of deploying the armed forces of the Czech republic on foreign missions and similar events and with the role of parliament in the decision-making process. Its main objective is to analyze intentions of the creators of the current Constitution of the Czech republic in matters of deployment of the armed forces, but also can not omit matters that are in broader or narrower sense related to this topic, such as stays, transits or flights of the armed forces of foreign states through the territory of the Czech republic. In its first part, this diploma thesis provides a definition of basic sources and a definition of terms related to the topic of the thesis. In the next part, it discusses the historical development of the constitutional regulation in the territory of Czechoslovakia and the Czech Republic in the given issue and the possible influence of these historical experiences on the current form of the Constitution. Then it discusses in detail the current regulation of this topic, which means the role of the Parliament of the Czech Republic in this process and its relationship to the government's decision-making. Article 43 of the...
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Methods of control over states of emergency in the Czech Republic
Mainclová, Eliška ; Kudrna, Jan (advisor) ; Syllová, Jindřiška (referee)
What are the ways of controlling extraordinary legal states in the legal system of the Czech Republic? Is parliamentary control of states of emergency sufficient and effective? Are states of emergency in the Czech legal order reviewable at the judicial level? What is the meaning and purpose of control over states of emergency? These are the questions that the author of the diploma thesis addresses using the example of a coronavirus pandemic in 2020 and 2021 as a case study. She assumes that states of emergency can be controlled and argues why and to what extent she considers it necessary in the conditions of a democratic state governed by the rule of law, to which the Czech Republic subscribes. In the first part of the thesis, the author defines the concept of a state of emergency as it is understood in theory and presents the individual states of emergency de lege lata. In the second part, the author presents a systematics of possible means of control, including parliamentary and political control, judicial review, and international supervision; she concludes the overview of legal means of control with an important addition of informal control by experts, the media, and society. At the same time, she presents research questions or hypotheses and addresses what is the aim and purpose of control of...
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The Indpendene of the Judiciary in the Czech Republic
Josef, Jakub ; Kindlová, Miluše (advisor) ; Syllová, Jindřiška (referee)
This diploma thesis deals with the topic of the independence of the judiciary, which is grasped in its full complexity. The thesis aims to answer two research questions: what techniques of influencing of the independence of the judiciary exist and how could be the resistance of the Czech judiciary against these techniques strengthened. In order to answer these two questions, thesis introduction elaborates the theory of the concept of an independent judiciary, independent court and independent judge and explains the difference between the concepts of judicial independence and judicial impartiality. After the introduction, the thesis describes in detail the steps which have been undertaken in Hungary and Poland since 2010 and which enabled to paralyze the independence of the judiciary in these states. The detailed description of the attacks against the independent judiciary helps to conceive different kinds of techniques by which can be the judiciary influenced. These techniques are categorized in the third part of the thesis. More attention is given to the court- packing technique and to the technique of disciplinary proceedings with judges. Another part of the thesis is dedicated to the second research question - how one can successfully fight against techniques of influencing an independent...
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Parliamentary immunity: Czech legal regulation in force in the European context
Částková, Eva ; Syllová, Jindřiška (referee) ; Suchánek, Radovan (referee)
This rigorous thesis is dedicated to the topic of the parliamentary immunity focusing on both of its parts - i. e. irresponsibility and inviolability. Parliamentary immunity is comprehended as purely functional instrument designated for the protection of the parliament as a whole and not only of its individual members. The thesis is especially devoted to the analysis of the legal regulation of the parliamentary immunity in force laid down in the article 27 of the Constitution of the Czech Republic taking in account relevant opinions of the Czech legal law researchers and appropriate judicial decisions. It also points out the relevant parts of the legal regulation of parliamentary immunity in foreign countries for comparison as well as the practice of the European Court of Human Rights. In order to take in account all aspects of this topic, the author adverts to the historical evolution and tries to outline possible solutions of some questions connected with parliamentary immunity. Special part of the thesis focuses on the parliamentary immunity in the European Parliament. In the conclusion the author considers that parliamentary immunity has still its importance, especially the irresponsibility and consequently takes a think on de lege ferenda legal regulation.
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Constitutional courts and preliminary references to the CJEU
Pivoda, Marek ; Syllová, Jindřiška (referee)
The thesis aims to analyse the use of preliminary reference procedure according to Article 267 of the TFEU by the constitutional courts. It firstly focuses on the potential ways in which constitutional courts may interact with EU law in general. It also describes the preliminary reference procedure in the context of the theory of constitutional pluralism. Finally, based on the analysis of 43 preliminary references posted by constitutional courts between the years of 1952 and 2019, it identifies various types of preliminary questions as well as numerous factors which might impact the decision of a particular constitutional court to refer the request or not. Last but not least, the thesis focuses on the subsequent stages of the procedure: the reactions of the CJEU and final rulings of the constitutional courts.
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Constitutional courts and preliminary references to the CJEU
Pivoda, Marek ; Syllová, Jindřiška (referee)
The thesis aims to analyse the use of preliminary reference procedure according to Article 267 of the TFEU by the constitutional courts. It firstly focuses on the potential ways in which constitutional courts may interact with EU law in general. It also describes the preliminary reference procedure in the context of the theory of constitutional pluralism. Finally, based on the analysis of 43 preliminary references posted by constitutional courts between the years of 1952 and 2019, it identifies various types of preliminary questions as well as numerous factors which might impact the decision of a particular constitutional court to refer the request or not. Last but not least, the thesis focuses on the subsequent stages of the procedure: the reactions of the CJEU and final rulings of the constitutional courts.
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Does the Parliament Respect the Constitutional Court?
Staněk, Michal ; Syllová, Jindřiška (referee)
The key concern of the thesis is whether the Parliament has been respecting the Constitutional court. In order to answer this question, the theoretical part resolves the very existence of the Parliament's obligation to follow the Court and its decisions. The empirical part provides two points of view on the subject. First, the role of the Court and its decisions in parliamentary debates is being discussed. Second point analyses the reactions of the parliamentaries in response to Court's findings abolishing a law or its part during the VII. election period of the Chamber of Deputies.
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Constitutional Court of the Czech Republic about: Study 1.161
Syllova, Jindriska
Obecnost právní normy je nezbytnou vlastností každého právního předpisu. Pokud není v právním předpisu zachována, upravuje tento předpis jedinečný případ. Vzhledem k tomu, že předpis upravuje jedinečný případ jinak, než je tomu u ostatních případů, dochází tímto způsobem k diskriminačnímu postupu. Kromě toho v případě, že má jedinečný případ rozhodovat správní orgán nebo soud, a tento případ je místo toho upraven zákonem, není dodržena zásada dělby moci. Práce vybírá relevantní judikaturu Ústavního soudu ČR ve věci obecnosti zákona.
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