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Current government administration in section of migration policy
Chlumská, Veronika ; Kryska, David (advisor) ; Dobeš, Jan (referee)
The bachelor thesis analyzes the current form of the state administration organization in the field of residence of foreigners in the Czech Republic. The Section of Residence of Foreign Nationals is regulated by Act on the Residence of Foreigners in the Territory of the Czech Republic, No. 326/1999 Coll. Of Laws, as amended, and defines the competence of state administration executors in this area. The thesis is divided into a general part, which deals with the general principles of the organization of state administration, the second part is focused specifically on the structure of offices in the field of residence of foreigners, which are the Ministry of the Interior. Commission for Decision-Making in Matters of Residence of Foreigners, Directorate of the Foreign Police Service, Departments of the Alien Police of the Regional Directorates of the Police of the Czech Republic, Ministry of Foreign Affairs and embassies. The aim of the thesis is to evaluate the functioning of these specific offices and outline possible future developments in their organizational arrangement. In conclusion, it evaluates the functioning of the state administration in this section, further deduces the possible future establishment of an independent alien office and mentions further transfers of the alien agenda between...
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Comparison of Czech and Polish administrative judiciary
Kryska, David
1 Abstract The aim of this thesis is to explore the institute of administrative judiciary in the Czech Republic and the Republic of Poland using the comparative method. Its purpose lies in proving traditional similarity of administrative judiciary in both countries which potentially allows mutual influencing in different areas of legislation, application of law and jurisprudence. The work is divided into nine parts. In Chapter 1 of this thesis the author focuses on defining the concept of administrative judiciary, how it is comprehended in both analysed countries, its purpose and function. In this part administrative judiciary is distinguished from other forms of judicial reviews of public administration and it is outlined here which of these forms cannot be considered as a part of administrative judiciary. Administrative judiciary is formally characterized as judicial procedure (in technical meaning) whose purpose lies in the control over public administration and protection of civil rights. In Chapter 2 the author describes the development of administrative judiciary in both countries. A special significance in this matter is given to the Austrian tradition of administrative judiciary that was adapted by Czechoslovakia and Poland when both sovereign states came into existence on the territory of the...
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Administrative Expulsion Proceeding
Kubáková, Pavla ; Kryska, David (advisor) ; Svoboda, Petr (referee)
Administrativě Expulsion Proceeding Abstract The diploma thesis entitled "Administrativě Expulsion Proceeding" deals with a detailed analysis of the applicable legislation on the institute of the administrativě expulsion including its related aspects. The content of the entire thesis is divided into six chapters. The first chapter defines the institute of the administrative expulsion as such with the emphasis on its non- punitive character. The second chapter emphasizes the analysis of the individual situations which the act on the residence of aliens defines as reasons leading to the delivery of administrative expulsion decision. These reasons are analysed considering the fact whether the alien is a national of an E U member state or the alien is a third-country national as well as whether the alien stays on the territory of the Czech Republic on the basis of the temporary, long-term, or permanent residence. As the lawmaker defines the significant part of reasons by an indeterminate legal concept, i.e., the public order, the third chapter gives an interpretation of this indeterminate legal concept introduced by the Nejvyšší správní soud ČR (the Supreme Administrative Court of the Czech Republic) and, at the same time, aims at delivering the answer to the question whether as conduct, seriously disrupting...
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Act on Translation Services
Balounová, Kamila ; Handrlica, Jakub (advisor) ; Kryska, David (referee)
The diploma thesis entitled the Interpreting Act focuses on the legislation on court translation and interpreting in the Czech Republic. The paper aims to compare the new statutes under the Court Translators and Interpreters Act (No 354/2019 Coll.) with the current Experts and Interpreters Act (No 36/1967 Coll.). The first part of the thesis acquaints readers with the profession of court interpreters and translators. It renders the description of both professions by defining basic terms of the areas of translating and interpreting, explaining the types of translation and interpreting, and providing a list of professional organisations for court translators and interpreters in the Czech Republic. The second part of the paper deals with international and Czech legislation regarding the right for interpreting and translation, briefly outlining the progress of the legislation on court interpreting and translation and giving reasons for the adoption of the rules on the activity of court translators and interpreters. The third, key part of the paper presents the analysis of some parts of the Act No 354/2019 Coll. and their comparison to the Act No 36/1967 Coll. The areas of focus are: the subject of the legislation and definition of basic terms, work conditions and requirements that must be met to become...
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Local Referendum in the European Area
Svoboda, Marius ; Svoboda, Petr (advisor) ; Kryska, David (referee)
The diploma thesis Local Referendum in the European Area offers a comprehensive overview of the legal regulation of the institute of local referendum in individual European countries. In four parts devoted to Central, Southern, Western and Northern Europe, it introduces the regulation of this institute in the local legal systems and compares individual solutions not only with the Czech regulation, but across all European states. It deals in detail with individual aspects of the local referendum, including its announcement, binding force and the possibility of a popular initiative.
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International protection proceedings
Ženíšková, Jana ; Kryska, David (advisor) ; Rajchl, Jiří (referee)
International protection proceedings Abstract The content of this diploma thesis is a discussion of the procedural side of international protection. In order to understand this topic, it is first necessary to realize where relevant sources can be found. The sources of international law in the form of soft law will help us to understand the general principles of the area. The legal regulation valid in the Czech Republic can be found at the level of European Union legislation and at the level of national regulations of the Czech Republic. It is also appropriate to define some basic concepts. The definition of the concept of international protection proceedings with the help of the concept of a decision on international protection is absolutely essential for this work. This umbrella concept has undergone its own development in the past. The definition of the boundaries of the concept of international protection proceedings is also carried out in this work by means of the so-called other proceedings from the Asylum Act. The thesis also deals with the basic building blocks of the whole process, which are the basic principles of proceedings in matters of international protection and the fundamental rights of the applicant, which match his position during the proceedings to meet the requirements of a fair trial....
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Administrative Expulsion Proceedings
Do Thi, Nhung ; Kryska, David (advisor) ; Svoboda, Petr (referee)
1 ADMINISTRATIVE EXPULSION PROCEEDINGS ABSTRACT The diploma thesis entitled as "Administrative expulsion proceedings" deals with the institute of administrative expulsion, especially its procedural side. The thesis aims to define and analyse chosen aspects of administrative expulsion proceedings from their beginning to deciding on remedies against administrative expulsion decisions. Within these, the work focuses mainly on examining the issue of the proportionality of administrative expulsion in relation existing family or private life of the expelled alien. The work is divided into four chapters. The first chapter defines the fundamental terms and clarifies the institute of administrative expulsion. First, the concept of expulsion is generally defined and then, a distinction between administrative expulsion and the penalty of expulsion is made. Furthermore, the term alien is defined because only alien can be subject of expulsion. Last but not least, the first chapter defines the concepts of family and private life, which are dealt with in detail in the third chapter. Finally, the first chapter presents national, EU and international legislation on administrative expulsion and on the fundamental right to respect for family and private life. The second chapter deals with selected aspects of administrative...
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Organization of public administration
Hulínský, Viktor ; Millerová, Ivana (advisor) ; Kryska, David (referee)
The topic and the title of this master thesis is Organization of public administration and its main objective is to provide comprehensive view on organisation of public administration in Czech Republic with closer focus on government administration and territorial self- government. The main sources used for this thesis were literature, legal regulations and case-law. The thesis is divided into four logically arranged chapters. First chapter is dedicated to theoretical overview of public administration, its organization and main principles. Second chapter is called Government Administration and is mainly focused on system of its direct executors, which consists of government, ministries, as well as central administrative agencies and other administrative agencies with national geographical coverage. This chapter also deals with indirect executors of government such as municipalities and regional authorities. Main objective of this chapter is to provide overview of these mentioned executors, theirs scope and relative legislation. Following chapter is devoted to territorial self-government, executed by territorial self-governing units, which is guaranteed by Constitution of Czech Republic and the state can intervene only if it is necessary for the protection of the law. This chapter is divided into three...
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Administrative banishment of person who is resident in fact
Priesel, Zdeněk ; Kryska, David (advisor) ; Svoboda, Petr (referee)
Administrative expulsion of factual Nationals Abstract The aim of the processed topic is to point out the specific situation of people who were born in the Czech Republic or who lived here for a substantial part of their childhood so that they are fully integrated. The issue stems mainly from the regulation of citizenship as a formalized legal institute creating the relationship between the individual and the state. Although citizenship and social integration correspond in most cases, in the case of persons who are referred to as de facto nationals in this thesis, there is a split between the actual social life of the individual and his / her citizenship. The aim of this thesis is to focus mainly on the situation of those de facto residents who are subject to administrative expulsion as an absolutely essential legal institute aiming to end their stay in the Czech Republic, even with the means of state coercion. This topic is currently being updated and to my knowledge it has not been elaborated in the doctrine so far. Until 1989, the Czech Republic was a strongly homogeneous state that had no experience of larger migratory increments like other, mostly Western European, states. It is only in recent years that second-generation immigrants are of legal age and do not have their residence permit duly regulated...
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Biuding of legal opinion of an appellate administrative body
Malíčková, Michaela ; Kryska, David (advisor) ; Rajchl, Jiří (referee)
Binding of legal opinion of an appellate administrative body Abstract This thesis concerns quite a narrow subject, the binding of a legal opinion of an appellate administrative body. This principle is enshrined in Section 90 paragraph 2 subsection b) of Administrative Procedure Code, i.e. in a provision concerning a decision of an appellate administrative body. Binding legal opinion is linked with a cassational way of deciding, which indicates a type of decision which resides in sole annulment (revocation) of a challenged administrative decision and returning the case for new consideration. The first chapter maps an evolution of anchoring issued principle in legal regulations of administrative procedure effective in Czech lands. Furthermore, it discusses a binding legal opinion in relation to remedial principles. The thesis highlights the negative tendency of overusing the cassational way of deciding by appellate administrative bodies, on the contrary, it also points out situations that disallow administrative bodies to use it. First chapter also presents some possible characters of issued legal opinions, which mainly means to what exactly is the administrative body that issues the new proceedings. This is connected to possible defects of challenged decision for which they are revoked. Second chapter is...
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