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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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Temporary residence permit for partners of EU citizens
Nováková, Kristina ; Kryska, David (referee)
Temporary residence permit for partners of EU citizens This thesis is focused on the administrative proceedings on the application for the granting of the temporary residence permit for the partners of EU citizens being considered as their family members. This paper analyses two statutory substantive conditions (permanent partner relationship (common-law marriage) that is not a marriage and cohabitation in a common household) and one procedural condition (the burden of proof lays primarily upon the applicant), which need to be fulfilled cumulatively in order to be able to consider a partner of an EU citizen as a family member of an EU citizen and so more favourable treatment stated in the Directive 2004/38/ES can be applied. I have found that a common-law marriage shall be an analogy of the marriage in terms of its nature and intensity; its permanency is especially a question of quantity, i.e. length of its duration, however it shall not be the only aspect, it is also needed to take into consideration the quality of the relationship, which can rest for example in a common obligation. Not only common past is therefore decisive, but also the planned common future. Cohabitation in a common household can be defined as an in advance not time limited cohabitation of a common-law wife and husband who...
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Civil Liability of Public Administration for Damages Question for Civil or Administrative Courts
Burda, Daniel ; Pítrová, Lenka (advisor) ; Kryska, David (referee)
ODPOVĚDNOST VEŘEJNÉ MOCI ZA ŠKODU - OTÁZKA PRO CIVILNÍ, NEBO SPRÁVNÍ SOUDY? Abstrakt Tato diplomová práce se věnuje tématu odpovědnosti veřejné moci za škodu, speciálně potom otázce, které soudy by měly mít pravomoc rozhodovat o této otázce, jestli soudy civilní, nebo soudy správní. V první části práce jsou vymezeny dva základní přístupy ke zkoumané otázce, přístup soukromoprávní a přístup veřejnoprávní. Rovněž jsou formulovány základní aspekty, ve kterých lze zkoumat konkrétní právní úpravu této odpovědnosti. Jedná se o aspekty hmotněprávní a aspekty procesněprávní. V druhé části je analyzována současná česká úprava. Ta vychází ze soukromoprávního pojetí. Zejména je analyzováno, jak se v jednotlivých aspektech právní úpravy projevuje její soukromoprávní pojetí, a to v kontrastu s pojetím veřejnoprávním. V souladu s judikaturou Ústavního soudu a četnou literaturou je kladen důraz na to, že by právní úprava (a případně judikatura soudů) měla dostatečně zohledňovat specifickou povahu tohoto odpovědnostního vztahu. Kriticky jsou tak nahlédnuty jak aspekty hmotněprávní, tak především aspekty procesněprávní. Z provedené analýzy vyplývá, že velmi neuspokojivá je současná úprava tzv. předběžného projednání. V případě soudního projednání je jako problematická spatřována dvojkolejnost soudní ochrany v případě škod...
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Regulation of sales and advertising of non-prescription drugs
Zieglerová, Jindra ; Kryska, David (advisor) ; Svoboda, Petr (referee)
- Regulation of sales and advertising of non-prescription drugs The diploma thesis deals with the problems of the regulation of sales and advertising of non-prescription medicinal products which can be dispensed without a prescription. The main goal of this work is to evaluate this regulation in the context of ensuring the safety of users of medicinal products. Such safety might be threatened by placing easily available non- prescription medicinal products in stores and the growing promotion of medicines, which may pose a threat in case of using a fear for own health for marketing purposes. The first part of the thesis defines the basic concepts important for its topic. The second part presents the basic sources of legal regulation of sales and advertising of non-prescription medicinal products. Following chapter is devoted to the issue of registration of medicinal products with an emphasis on their classification for dispensing without prescription. A separate sub-section is also devoted to borderline products and differences in the regulation of their sales and advertising over medicinal products. The next section deals with the issue of sales of non- prescription medicinal products. Here are specified the conditions of the sales, which are compared with the conditions set for the dispensing of...
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Detention of foreigners
Hametová, Andrea ; Kryska, David (advisor) ; Svoboda, Petr (referee)
Administrative detention of migrants Resumé The aim of this thesis was to critically evaluate the institute of administrative detention of migrants and decide whether it is and appropriate, proportionate and necessary measure or if it has become obsolete considering the development of recent years and whether it would be appropriate to replace it with more effective alternatives. In the first part of the thesis I have critically evaluated the legal framework regarding administrative detention of migrants. I analysed the impact of international law with the emphasis of human rights, laid out the rules as stated by fragmented European law directives and regulations. The most detailed analysis is of Czech legal framework, including mentions of its most problematic points both from past and present. Next I considered the nature of the institute as an administrative law instrument used to restrict someone on his personal liberty. Considering the insufficiency of mere legality as a criterion of legality and legitimacy of administrative detention, I evaluated the aims and purposes of the administrative detention of migrants. In the last part of the thesis I have raised some critical points against current legal framework and practice. I point out the abuse of administrative detention for other than legally stated...
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Administrative discretion and indefinite legal concepts
Šulda, Mirek ; Vedral, Josef (advisor) ; Kryska, David (referee)
1 Abstract This diploma thesis deals with the issue of administrative discretion and vague legal concepts, as legal institutes, which the public administration needs in order to fulfil its targets in the ever-changing social relationships, while simultaneously not committing illegal interventions into the rights and freedoms of individuals. The first and most extensive chapter defines administrative discretion and describes the need for its inclusion into the legislation. This chapter then briefly goes into the history, which intends to remind us of the ground-breaking moments associated with the development of administrative discretion, in order to acquire a complex understanding of this institute. The following text demonstrates the extent of this legal phenomenon's possible application, deals with its embodiment into legal regulations and defines the possibility of discovering its existence, using characteristic terminology. The author further describes the basic conceptual feature of administrative discretion in the form of relative freedom in decision making process, when the administrative authority does not solely work based on a programmed machine, which mindlessly adheres to the law and spontaneously ranks specific facts under the provisions of a general regulation. The conclusion of the first part...
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State citizenship and modes of its acquisition in Czech Republic
Körbl, Hugo ; Kryska, David (referee)
State citizenship and modes of its acquisition in Czech Republic Abstract The topic of this thesis is the issue of the state citizenship and the modes of its acquisition in Czech Republic. The aim of this thesis is then a detailed analysis of all individual modes of the acquisition of the citizenship of Czech Republic according to the actually valid and effective legal regulation. For such purpose at first it is necessary to deal with the institute of the state citizenship itself, with its definition, respectively with the elements characterizing it, as well as with its historical evolution. It should be emphasized that there is no definition of the state citizenship that would be uniformly accepted. This is the reason why the Czech view on the issue of the state citizenship is often compared with the view of other states in this thesis. Finally there is often referred to the three most important judgments related to the issue of the state citizenship in this thesis, namely to the decision in the case of Nottebohm, Rottmann and Zhu and Chen. These decisions are mentioned not only from the reason of the effort to find the best definition of the state citizenship but also from the reason of the effort to provide with the best possible analysis of individual modes of the acquisition of Czech citizenship....
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Temporary residence permit for partners of EU citizens
Nováková, Kristina ; Kryska, David (advisor) ; Vedral, Josef (referee)
Temporary residence permit for partners of EU citizens Abstract This thesis is focused on the administrative proceedings on the application for the granting of the temporary residence permit for the partners of EU citizens being considered as their family members. This paper analyses two statutory substantive conditions (permanent partner relationship (common-law marriage) that is not a marriage and cohabitation in a common household) and one procedural condition (the burden of proof lays primarily upon the applicant), which need to be fulfilled c umulatively i n o rder t o b e a ble to consider a partner of an EU citizen as a family member of an EU citizen and so more favourable treatment stated in the Directive 2004/38/ES can be applied. I have found that a common-law marriage shall be an analogy of the marriage in terms of its nature and intensity; its permanency is especially a question of quantity, i.e. length of its duration, however it shall not be the only aspect, it is also needed to take into consideration the quality of the relationship, which can rest for example in a common obligation. Not only common past is therefore decisive, but also the planned common future. Cohabitation in a common household can be defined a s a n i n a dvance n ot t ime l imited c ohabitation of a common-law wife and...
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The comparison of legal regulations of the compulsory vaccination in the Czech Republic and the French Republic
Ševčík, David ; Svoboda, Petr (advisor) ; Kryska, David (referee)
v anglickém jazyce (Abstract) The aim of this diploma thesis is to analyze and compare the system of compulsory vaccination in the Czech Republic and in the French Republic. The first part of this diploma thesis is dedicated to international law context of compulsory vaccination. Relevant international organizations in which is the Czech Republic and also French Republic taking part is described. Then the focus of interest is also on all relevant binding sources of international law, or more precisely on promulgated international treaties, ratified and by which the Czech Republic and the French Republic is bound with the rule that if a treaty provides something other than national law, the treaty shall apply. The second part of this diploma thesis is dedicated to the connection between compulsory vaccination and constitutional law of the Czech Republic and French Republic, or rather how could be compulsory vaccination justified by the constitutional law of both countries. The case law coming from supervising constitutional institutions related to compulsory vaccination is also examined. In the third part, the legal regulation of key aspects of compulsory vaccination is examined. The focus of interest is on the amount of regulation made by statute and by secondary legislation. The aim of this part...
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Long-term residence permit for the purpose of study in the Czech Republic
Novotná, Kristýna ; Kryska, David (advisor) ; Rajchl, Jiří (referee)
Long-term residence permit for the purpose of study in the Czech Republic Abstract Long-term residence permit for the purpose of study is permitted by the Ministry of the Interior to the third-country nationals who intend to stay in the Czech Republic for more than 1 year. The fundamental legal regulation governing long-term residence isact No. 326/1999 Coll., On the Residence of Foreign nationals in the Czech Republic and on amendment of certain acts, that is transposing Directives of the European Union on which is this residence based. The case law of the Czech administrative courts, the Constitutional Court and the Court of Justice of the European Union cannot be omitted since it is important source. Firstly, is the master's thesis devoted to the concept of foreigners, in order to clearly specify for which category of foreigners is the long-term stay intended to and what area of law deals with it. Subsequently, the Directive 2004/114/EC, which is the basis of a valid and effective regulation of the study stay, is being analysed along with the Directive 2016/801, which will be transposed into the Czech legal system by an amendment to act No. 326/1999 Coll., which is at the time of submitting the master's thesis at the stage of the government's draft, waiting for the first reading in the Chamber of...
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