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Institutes of pardon and amnesty and their fulfilment in decisions of presidents of the Czech Republic.
Hrušková, Šárka ; Janstová, Kateřina (advisor) ; Hřebejk, Jiří (referee)
The present work deals with the institutes of a pardon and amnesty and their utilization in the Czech Republic. It focuses on the current domestic legislation and its application by the particular decisions of the presidents of the republic. The author points out the advantages and disadvantages of the current legal regulation. The aim of the work is to provide a summary of the issues and to suggest eventual alterations of the current legislation. The work is, apart from the introduction and the conclusion, composed of five chapters. The first one introduces into the subject of the work and characterises the institute of a pardon and amnesty and their three forms, i.e. a pardon and a mitigation of penalties imposed by the court, a suspension of criminal proceedings and a deletion of a sentence. The second chapter deals with the regulation of the institutes. First, it presents history of this regulation and afterwards it analyses current legal regulations contained in the Constitution of the Czech Republic and others laws. The third chapter concerns just the institutes of a pardon. It focuses primarily on the presidential orders delegating a part of his power to Minister of Justice and also on the proceeding of a grand pardon. At the end of the chapter, there is the utilization rate of the pardon institute...
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Proceedings before the Constitutional Court
Svobodová, Žaneta ; Hřebejk, Jiří (referee) ; Suchánek, Radovan (referee)
The subject of this thesis is Constitutional Court proceedings. The Constitutional Court of the Czech Republic and its proceedings are still topical owing to important cases which influence not only the broad public but also the course of events in general. This judicial body responsible for the protection of constitutionalism has made a mark with a number of important cases and judicatives. It has issued a lot of awards which represented a major intervention in our law system. Hence, the judicature of the Constitutional Court becomes a key part of the constitutional practice, and it has started to significantly influence legal practice in general. In my thesis I have focused on the procedural law aspects of proceedings before the Constitutional Court while trying to highlight the significance of this constitutional institution
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"Distinctions in the legal status of citizens and foreigners in the Czech Republic"
Jezerská, Julia ; Hřebejk, Jiří (advisor) ; Mlsna, Petr (referee)
15. ABSTRACT The topic of my Master's degree thesis is Distinctions in the legal status of citizens and foreigners in the Czech Republic. Reasons for choosing this topic are the proximity of the topic for me as for a former foreigner, own experience and the fact, that this topic is very current and dynamic. This thesis mainly describes the legal status of citizens and foreigners in the Czech Republic. In my thesis I have therefore focused on the rights and duties of citizens and foreigners, the conditions and forms of acquisition citizenship and particular residence permits. The thesis is composed of ten chapters. First chapter is the Introduction and last chapter is the Conclusion. The other eight main chapters deal with the main aim of the thesis. There are also the Content, the Index of Abbreviations, the Used bibliography and sources and the Index of Annexes beside these ten chapters. The first chapter following the Introduction describes the concept of citizenship, it's sources of law, forms and terms for the acquisition of citizenship, it's attestation and discovery and finally the legal status of a citizen. The third chapter is devoted to the concept of immigration law, it's sources of law, definitions of some basic concepts and structure of the immigration law. Chapter four describes the short-term...
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Legislative procces and new Civil Code
Daniel, Tomáš ; Hřebejk, Jiří (advisor) ; Mlsna, Petr (referee)
The submitted thesis deals with legislative process in Czech republic and is divided into two parts which consist of twenty chapters . First part analyzes lawmaking and legislative process generally and poinst out on some problematic aspects of lawmaking.. It describes beside other things position of the Parliament, the President and the Constitution court in legislative process. Thesis deals with bill and its adoption in the government. Further is described first, second and third reading in the Chamber of Deputies. This part contatins also description of special legislitve process, for example adoption the state budget and the final state account legislative. Autor draws inspiration from jurisprudence of Constituional court and jurisprudence. Second part is focused on legislative process regarding Law No. 89/2012 Coll. Civil Code. Beside other things there is desrcribed some requirements on codex. Thesis analyzes legislative purpose and creation of Law No 89/2012 Coll. Civil code. It is described its introducion in The Chamber of Deputies by the government and and its consecutive approval by The Chamber of Deputies and The Senat.
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Direct election of head of state and its influence on the constitutional relations
Tylová, Tereza ; Janstová, Kateřina (advisor) ; Hřebejk, Jiří (referee)
The topic the thesis, "Direct Election of the Head of the State and Its Impact on Constitutional Relationships," has been selected owing to its current relevance, caused by the change of the manner of presidential election which had a historically long tradition in our country. The aim of the paper is to provide a most complex view of the legal modifications of the election of the republic's president, to summarize the theoretical basis, to analyse the legislative procedure and to attempt to comprehensibly present this change of a constitutional law to citizens who might thus receive sufficient information on the issue. Furthermore, the author wishes to make the readers acquainted with the establishment and implementation of direct presidential election together with the manner of the election according to the new legislation, especially in accordance with Act no. 71/2012 Col. and Act no. 275/2012 Col. The thesis consists of nine chapters. In six sub-chapters, the first chapter outlines the history of the presidential election from the establishment of Czechoslovakia throughout the totalitarian period and to the Czech Republic, including a brief summary of the former presidents. The second chapter includes argumentation for and against implementation of the direct election of the republic's president, the...
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Election legislation of the Czech Republic in judgments of the Constitutional Court
Felix, Adam ; Gronský, Ján (advisor) ; Hřebejk, Jiří (referee)
Purpose of this thesis is to analyze impact of decisions of the Constitutional Court of the Czech Republic on current legislation on elections. The thesis contains several chapters on history of evolution of the Czech election laws as well as comparison of basis on which the current legislation stands. In the rest of the thesis author analyses decisions of the Czech Constitutional Court which have been published under number 243/1999 and 64/2001. Last part of the thesis is devoted to possible development of legislation on elections in the near future.
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A comparison of the constitutional development in the Czech Republic and the Slovak Republic after the breakdown of the federation
Rácová, Jana ; Reschová, Jana (advisor) ; Hřebejk, Jiří (referee)
COMPARISON OF CONSTITUTIONAL DEVELOPMENT IN THE CZECH AND SLOVAK REPUBLICS AFTER THE BREAKUP The purpose of this thesis is to compare the constitutions and the constitutional development of the Czech and Slovak Republics after the breakup of Czechoslovakia. Particular attention is dedicated to the constitutional changes connected with the integration of both states into various international and transnational entities as well as to the historical context, i.e. the constitutional development of Czechoslovakia and the process of its breakup, the character of Czech-Slovak relations, and the development of both internal and international politics of both states, which to a certain extent also formed the constitutional development in the Czech and Slovak Republics. With the use of methods of constitutional comparatistics, the effects of these factors on forming the constitutional and the political development in both states and its consequences are further explored. In particular, the thesis deals with the influence of objective integration factors on the constitutional development in both countries and the approximation of constitutional orders of both states on the basis of the afore-mentioned integration tendencies. Lastly, the thesis aims to assess the level of constitutionality in both states 15 years after...
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Comparison of constitutional judiciary in the first Czechoslovak Republic and current constitutional judiciary
Jiráková, Gabriela ; Hřebejk, Jiří (advisor) ; Janstová, Kateřina (referee)
Comparison of constitutional judiciary in the first Czechoslovak Republic and current constitutional judiciary The aim of the thesis is a comparative analysis of the constitutional judiciary in the first Czechoslovak Republic and the today's Czech Republic. Each chapter is structured to describe the institution of the Constitutional Court which has been representing the most important protection of constitutional values. The research design of the thesis is explained in the chapter "Methodology". It serves for better orientation and understanding of the diploma thesis. The paper is divided in eight chapters. Introduction describes the basic concepts of the Constitutional Court and the author's hypothesis about the results of the analysis which outline large differences between the two Republics. Following chapters compares the two Constitutional Courts in terms of organizational structure (internal structure, budget, seat), the appointment mechanisms of the judiciary (conditions, process). It also offers the list of powers of the Constitutional Court and it describes the constitutional practices of constitutional judges within each historical period. The work also includes a brief historical summary that discusses the genesis of the idea of constitutional justice and the sources that inspired Czech...
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The concealed performance of public power and values protected by the constitutional order
Klaban, Vladimír ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
The aim of this diploma paper is to analyse and define the nature of secret exercise of public authority and to asses this phenomena in respect of the fundamental principles of the democratic rule of law. Any secrecy in exercising public authority is in fact a clear contradiction to a natural concept of the human rights and fundamental freedoms. Therefore the republic, as a public institution, should not have too many secrets to hide away from the people if its own principles are not to be completely disgraced. Secrecy in exercising public authority is a specific feature often related to the areas such as securing the sovereignity and territorial integrity of the Czech Republic, protecting its democratic foundations, protection of the lives and health of the population as well as the right to own the property. This is in full accordance with the constitutional duty of the state. Limited access to the information has a unique and 84 inevitable role in these areas and it is clearly mentioned in the Charter of Fundamental Rights and Freedoms, the European Convention of Human Rights and Freedoms and the International Covenant on Civil and Political Rights. The question of choice between the security and the liberty has been recently heavily discussed by the people as a natural follow up to the...
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State citizenship in adjudication
Vasilieva, Yanina ; Hřebejk, Jiří (advisor) ; Jirásková, Věra (referee)
The aim of this work is to describe and analyze the concept of the state citizenship in general and in the Czech Republic from a theoretical and practical point of view. At the theoretical level, this work explores the concept of state citizenship and the related terms such as nationality analyzed in the first chapter that has a broader conceptual content. Nationality is used as a benchmark concept to distinguish vertical and horizontal levels of state citizenship. At the vertical level, often referred to as functional citizenship, the focus is on the relationship between the state and its citizens. By contrast, the horizontal level concentrates on ties between citizens within a state that are based on solidarity and collective sense of belonging. This leads to the particular role of state citizenship that provides an individual with a set of privileges such as legally enshrined special treatment by the state. The second chapter of this work studies dual or multiple citizenship that are of particular interest especially given the current integrative and global trends that have gradually been changing our thinking about them. Conflict of faith commitments and indivisible state sovereignty have been sidelined in favour of the individual. The concept of dual citizenship is also relevant for homeless,...
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