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Regional land use plan and its review
Bulušek, Martin ; Korbel, František (advisor) ; Staša, Josef (referee)
Regional land use plan and its review Abstract The subject of this thesis is the regional land use plan, its legal aspects and its administrative and judicial review. Regional land use plan is issued by the regional council under its own authority (competence) and defines intended land usage of regional importance. The regional land use plan and its amendments take the legal form of a measure of general nature. Because of this form as a measure of general nature the process of issuing and the content of the regional land use plan and its amendments are subject to review both by the public administration and by the courts. The main objective of this thesis is to analyse the regional land use plan (which is covered by numerous regulations and statutes) in a comprehensive manner, to analyse its material and procedural aspects and to summarise its administrative and, especially, its judicial review. With regard to the upcoming recodification of construction law, the aim of this thesis is also to analyse the changes the new legislation will bring to these areas. The thesis consists of six main parts. The first part looks at measures of general nature and defines how they are different from other legal acts. I also look at relevant sections of the Administrative Procedure Code and summarize how it differs from...
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Natural law
Bulušek, Martin ; Petříček, Miroslav (advisor) ; Němec, Václav (referee)
This bachelor thesis focuses on the problems which result from the division of law into positive law and natural law. These problems can be summarized by a question whether there is a standard by which one could evaluate the rightness of the positive law or whether there is only boundless legal licence. The thesis sees a possible solution to this dilemma in the work of Friedrich Nietzsche and his ontological reinterpretation of the concepts of subject, morality, power and justice. The result is an insight that by rejecting metaphysically conceived natural law, we do not throw off the possibility of evaluating the law as such. Justice, conceived not as a static factum, but as a constantly found and lost quality of a legal system, should become the instrument of this new criticism. Legal system itself is conceived as an outcome of the struggle of diverse perspectives, which leads to continuous revaluation (interpretation) of its elements and so it constantly leads to new forms of justice from which none can be just "per se", because that would lead to the elimination of the tension which founds the legal system as such.
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Public support and its influence upon the trade among EU Member States
Bulušek, Martin ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
This thesis focuses on state aid law as a specific part of EU competition law. State aid is therefore primarily set in the context of protection of competition in the EU internal market. Furthermore, the thesis provides an interpretation of Article 107, paragraph 1 of the Treaty on the Functioning of the European Union, which contains four attributes of state aid: state resources, favoring certain undertaking or the production of certain goods, distortion of competition and effect on trade between EU Member States. Analysis of the attribute "effect on trade between Member States" is made in a separate part of the work. In this section, the work seeks to explore how European Commission and the Court of Justice of the European Union approach and interpret this attribute. Attention is paid especially to decision-making activities of the European Commission in recent years. Decisions of the Commission, as a body authoritatively determining whether a measure constitutes state aid, as well as the compatibility of state aid with the internal market, could also indicate the direction in which the state aid law will develop in the future. The analysis of the Commission's decisions found that not even potentially affects trade between Member States a measure with purely local impact. Such measure will...
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Natural law
Bulušek, Martin ; Petříček, Miroslav (advisor) ; Němec, Václav (referee)
This bachelor thesis focuses on the problems which result from the division of law into positive law and natural law. These problems can be summarized by a question whether there is a standard by which one could evaluate the rightness of the positive law or whether there is only boundless legal licence. The thesis sees a possible solution to this dilemma in the work of Friedrich Nietzsche and his ontological reinterpretation of the concepts of subject, morality, power and justice. The result is an insight that by rejecting metaphysically conceived natural law, we do not throw off the possibility of evaluating the law as such. Justice, conceived not as a static factum, but as a constantly found and lost quality of a legal system, should become the instrument of this new criticism. Legal system itself is conceived as an outcome of the struggle of diverse perspectives, which leads to continuous revaluation (interpretation) of its elements and so it constantly leads to new forms of justice from which none can be just "per se", because that would lead to the elimination of the tension which founds the legal system as such.
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