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Re-use of public sector information
Gaertner, Petr Josef ; Korbel, František (advisor) ; Millerová, Ivana (referee)
69 The re-use of public-sector information This thesis considers the re-use of public-sector information in the context of freedom of information. The thesis describes the following: a) the implications of freedom of information (transparency of public administration, involvement of citizens in public affairs, fight against information poverty, protection of the environment or the fight against corruption); b) the implications of the re-use of public-sector information (from an economic and social view); c) principle of publicity and principle of confidentiality (their application in democratic and nondemocratic regimes); d) the evolution of freedom of information legislation (inspiration in China, origin in Sweden, transposition into international law, influence of the United States of America, examples of modern information regulations and the right to information in European Union law); e) freedom of information in international law (The Universal Declaration of Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, the Recommendation of the Committee of Ministers of the Council of Europe No. R (81) 19 on the access to information held by public authorities, Úmluva Rady Evropy o přístupu k úředním...
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Freedom of information
Korbel, František ; Reschová, Jana (referee) ; Pavlíček, Václav (referee)
RESUMÉ Zusammenfassung Diese Dissertationarbeit widmet sich an den ausgewählten Problemen des Gesetzes Nr. 106/1999 Bl. über einen freien Zugang zu Informationen, die Staatsorgane, Komunnalorgane und andere öffentliche Organisationen bzw. Körperschften beherschen (das Thema ist zur Zeit Europaweit aktuell wegen der Richtlinie des europäischen Parlaments und Rates Nr. 2003/98/ES; der entsprechend bereitet man auch in Deutschland ein Gesetz über eine Freiheit von öffentlichen Informationen vor). Diese Arbeit knüpft an ein publiziertes Komentar zum Gesetz über einen freien (öffentlichen) Zugang zu Informationen, den ich als Leiter eines Urheberkolektiv geführt habe und der im Frühling 2004 durch ein Fachherausgeber LINDE in Prag herausgegeben worden ist. Diese Arbeit ist natürlich nicht nur ein Kommentar zum Gesetz - ist viel mehr theoretisch und beschreibt nur die wichtigsten Bereiche eines freien Zuganges zu Informationen, die am meisten Schwierigkeiten bei der Auslegung und in der Praxis auswirken - deshalb wird sie nur "ausgewählte Probleme" genannt. Ich folge in der ganzen Arbeit eine Leitidee, dass grund- sätzlich alle "öffentlichen" Informationen stehen auch der Öffentlichkeit zur verfügung (ein "Öffentlichkeits-, Publizi- tätsprizip"). Dieses Prinzip egibt sich aus den gültigen tschechischen und...
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Selected limitations of the right to obtain information
Joklík, Jakub ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The right to obtain information is now an essential attribute of any democratic state serving as a tool for control of public authority. This right is not illimitable and alludes to a number of limitations. The aim of this paper is to take a closer look on some of these limitations. The paper consists of three chapters while its core is in the third chapter, which is divided into three subchapters. The topic of each subchapter is always different restriction on the right to obtain information. The first chapter deals with the very concept of the right to obtain information and mentions its historical ties to the freedom of speech. Ending of the first chapter is aboutlegal grounds of the right to obtain information in the Czech Republic. The second chapter is about general aspects of restrictions on the right to obtain information. Various constitutional and legal provisions on the possible restrictions on the right to obtain information are mentioned as well as some important decisions of the European Court of Human Rights in Strasbourg. The third chapter is divided into three subsections. Within each subsection, the paper focuses on the different limitation onthe right to obtain information. The aim of the first subchapter is to introduce the issue of providing information on the salaries of...
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Right to obtaining information on salaries and bonuses of employees in public administration bodies
Kilian, Vojtěch ; Korbel, František (advisor) ; Pítrová, Lenka (referee)
Title of the Thesis: Freedom of information rights to obtaining information on salaries and bonuses of employees in public administration bodies This thesis aims to analyse the theoretical framework of the freedom of information laws in the Czech republic, with a particular focus on obtaining information about salaries, wages, and benefits of public administration employees, and its subsequent comparison with the practice. The goal of this thesis is not only to summarise the development of jurisprudence concerning the freedom of information laws up to this day, which will be dealt with in chapter II, as well as in the relevant parts of chapter III.1 and 2 respectively, dealing with the right to privacy and information self-determination. More importantly, this thesis aims to offer a possible solution to the conflict between, on the one hand, the right to obtain relevant information pursuant to the freedom of information laws, and, on the other hand, the right to privacy and information self-determination, using the proportionality test described in chapter III.4. In doing so, this thesis offers a framework that has not yet been used in the relevant literature. Following a short summary, the thesis introduces the sources of the freedom of information laws relevant to the Czech legal system in order...
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Regulation of virtual operators in the Czech Republic
Winkelbauer, Erik ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The aim of this thesis is to provide an overview of the rights and obligations of mobile virtual network operators in the Czech Republic and the corresponding rights and obligations of mobile network operators. The first part of the paper looks at electronic communications in general. It begins with a description of the development of European Union electronic communications legislation, the currently valid Electronic Communications Act and its relation to the Code of Administrative Procedure. The paper then presents the legal regulation of administrative supervision, competition law, public consultation procedure, notification procedure and the procedural regulation of adopting a measure of general nature. The authority and the organization of the Czech Telecommunication Office (CTO) and a classification of the business models used by mobile virtual network operators is then detailed. The second part of the text addresses legal rules directly governing mobile virtual operators, commencing with the legal prerequisites for the provision of electronic communications services and a notification of intention to commence the provision of these services. A thorough exploration of the legal regulation of the access and interconnection and reference offers based upon this regulation is then included. The paper...
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Publication of salaries in administration
Kračmar, Jiří ; Korbel, František (advisor) ; Handrlica, Jakub (referee)
Disclosure of salaries of public authority employee - abstract This thesis is concerned with the issues of legal interpretation of key provision of Act No. 106/1999 Coll. on free access to information relating to disclosure of salaries of public authority employee. The thesis introduction is focused on the constitutional aspects of the right to information and the right to privacy. It is also focused on the collision of these two fundamental rights. The following chapter examines the disclosure of salaries of public authority employee regulation and discovers and expounds the intended meaning of this regulation by the principles and rules of standard methods of interpretation, especially lingual interpretation, systematical interpretation, historical interpretation and teleological interpretation. This chapter provides the lingual meaning of key provision of Act No. 106/1999 Coll. on free access to information, presents brief look at relationship between the disclosure of salaries of public authority employee regulation and other norms and legal acts of the European Union and finally finds the content, sense and purpose of the regulation from both subjective (historical) and objective (teleological) point of view. This chapter also deals with case law analysis. The focal discussion point of this thesis is...
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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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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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