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Protection against delays in administrative proceedings and in proceedings before administrative court
Koudele, Lukáš ; Kryska, David (advisor) ; Svoboda, Petr (referee)
Protection against delays in administrative proceedings and in proceedings before administrative courts Abstract The subject of this work are delays in administrative proceedings (where its legislation marks them as inaction) and before administrative courts. A delay is a state in which a certain act in the proceedings for some reason is not undertaken at the time within which it should be done. Reasons for delays may vary. They may be objective, which may consist of a number of cases that a person decides, whether it is due to insufficient staffing of the authorities in charge of the proceedings, or because of the deficiencies in the organization of work with that authorities, or may consist in the necessity of following the sequence of a process involving the necessity to perform an act that precedes the given operation. Reasons for delays can also be subjective, due to the lack of speed of work, either due to laziness or incompetence. The Charter of Fundamental Rights and Freedoms speaks of the duty to discuss the matter without unnecessary delays. This obligation applies both to administrative proceedings and to proceedings at the administrative courts. Since this is a law regulation, which applies to constitutional order, other legal norms can not contain a rule that would be inconsistent with the...
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Conformity assessment of the Czech compensation remedy for unreasonably lengthy proceedings in the light of the ECtHR's jurisprudence with proposed measures capable of eliminating the identified shortcomings
Pysk, Vladimír ; Svoboda, Petr (advisor) ; Kryska, David (referee)
Conformity assessment of the Czech compensation remedy for unreasonably lengthy proceedings in the light of the ECtHR's jurisprudence with proposed measures capable of eliminating the identified shortcomings Abstract In the most general terms, the thesis at hand aspires to assess the compatibility of the Czech compensation remedy for excessively lengthy proceedings with obligations stemming from the European Convention on the Protection of Human Rights. For this purpose, its introductory part is dedicated to duly examining each individual requirement contained in the relevant case-law of the European Court of Human Rights. As a next step, the thesis attempts to acquaint a reader with relevant provisions of the Czech legal order and analyse the functioning of the mechanism designed to provide the victims of judicial delays with compensation in practice. Against this background, it further evaluates the Czech legislation and case-law of the domestic authorities, especially courts, in the light of the applicable European standards. By way of comparison, the author arrives at the conclusion that the existing compensation remedy is marked by various defects which may expose the Czech Republic to the risk of being held responsible, in the proceedings on individual applications, for a violation of its...
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Generally binding regulations of municipalities in the field of gambling
Fialová, Barbora ; Rajchl, Jiří (advisor) ; Kryska, David (referee)
Generally binding regulations of municipalities in the field of gambling Abstract The municipalities, as basic territorial self-governing communities of citizens, have a number of rights in the implementation of their constitutionally guaranteed right to self- government. One of these entitlements is also the right of autonomous normative formation, ie. the right to issue its own legislation which is in a separate scope of a generally binding regulations. Generally binding regulations are therefore the laws of municipalities, the main purpose of which is according to the provisions of Section 10 of the Act about municipalities regulating local affairs in the form of obligations. The entitlement of municipalities to issue generally binding regulations is anchored directly in the Constitution and is further specified in the Act on Municipalities. However, the enabling provision for the issuance of generally binding regulations is contained in a number of specific legal regulations, among others even in the law on gambling. Pursuant to Section 12 (1) of the Gambling Act, municipalities are authorized in the form of a generally binding regulations to restrict or even prohibit the operation of certain types of gambling regulated by law. The goal of the rigorous work on the topic of "Generally binding regulations...
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Objectiveness and balance in media: the aspects of administrative law
Villarroel, Nelson ; Rajchl, Jiří (advisor) ; Kryska, David (referee)
111 Abstract Thesis title: Objectiveness and balance in media: the aspects of administrative law This paper deals with the administrative law aspects of objectivity and balance in light of their role as media content requirements. The first chapter defines "media". Then individual media laws are analyzed and from them basic types of media are derived as understood and regulated by current Czech law. Special attention is given to "public service media", especially to Česká televize (Czech Television) and Český rozhlas (Czech Radio) in subchapter 1.4. The second chapter concerns "objectiveness" and "balance". Firstly they are defined from the perspective of media theory (subchapter 2.1). Then relevant legal institutes regarding objectiveness and balance are identified and interpreted by media law analysis. More detailed interpretation as well as critical evaluation is given to the institutes of administrative nature (subchapter 2.2). The end of the second chapter emphasizes the human rights dimensions of the subject matter. The third chapter concerns Rada pro rozhlasové a televizní vysílání (Council for Radio and Television Broadcasting) which imposes fines as punishment for breaking the principles of objectiveness and balance in the radio and television broadcasting sector. Its legal domain, competence and...
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Obstructig the enforcement of decision on expulsion
Adámková, Karolína ; Kryska, David (advisor) ; Svoboda, Petr (referee)
The thwart of the execution of decision of administrative expulsion The aim of this paper is to elucidate some problems of foreign law, specifically the duplication of the regulation of the thwart of the administrative decision, i.e. whether to proceed in accordance with the Act on the Residence of Foreign Nationals in the Czech Republic or the Criminal Code and thus determine which of these adjustments takes precedence. In this paper, therefore, the two institutions are thoroughly analyzed, including the genesis of their origins and possible changes in the amendments, as well as their impact on foreigners. In addition, related institutions were analyzed, such as decisions on the obligation to leave the territory, or the retention and detention of an foreigner, which may influence decision making on the use of such legislation. In this paper the valid and effective legislation of the Czech Republic, as well as the case law, not only of the Czech courts, but also of the international courts, such as the Court of Justice of the European Union or the European Court of Human Rights, have been analyzed. Using a detailed search, using statistics from authorized state authorities as well as a collection of cases, we have found that the variability in the use of both institutes, or institutes of others or...
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Administrative delict committed by vehicle operator
Šudoma, Ondřej ; Kryska, David (advisor) ; Kopecký, Martin (referee)
Title of the thesis: Administrative Offense of the Vehicle Operator The work deals with one of the specific institutes of administrative punishing in traffic which is the administrative offense of the vehicle operator. In addition to general questions of administrative punishing or to the concept of administrative offenses under the current valid and effective legislation the thesis also includes a description of the development of the institute, its characteristics, legal base and the way it works. The interdependence of the institute with the institute of the call to the payment of the determined amount is clearly shown and graphically indicated. The thesis deals with potential interventions to certain fundamental rights and freedoms and evaluates their adequacy. The aim of the work is a detailed legal analysis of the institute of the administrative offense of the vehicle operator and also pointing out its strengths and weaknesses. The main objective of the thesis is the legal analysis for compliance of the legislation with the constitutional order of the Czech Republic. After the introduction, in which the description of methods and objectives of the thesis are, follows a general section on administrative offenses. Its purpose is to introduce the topic of administrative punishing and pointing...
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Clinical trials of medical products for human use in the Czech Republic
Baloušek, Filip ; Kryska, David (advisor) ; Svoboda, Petr (referee)
The issue of legislative and ethical requirements on research of innovative medicines became more intense in connection to the expansion of the pharmaceutical industry in last few decades. This master thesis aims to complexly describe and analyse theoretical bases of current legislative regulating the process of clinical trials of medicinal products for human use in the Czech Republic, as well as to take a closer look to the issue of ethical review administered by specialized ethical review committees. The author also deals with some specific responsibilities of the committees from the perspective of administrative law, especially focusing on aspects of legal nature of the positive opinions, which are one of the conditions for commencement of a clinical trial. The thesis is divided into nine chapters and the introductory chapter is focused on the general outline of the issue of clinical trials of medicines for human use in the Czech Republic. The aim of the second chapter is to define the basic concepts stated in the Czech medicinal products act, which are specific for this area of pharmaceutical law. The next chapter analyses the relevant competencies of individual state authorities over the clinical studies. The fourth chapter contains the list of sources of law, whereas a particular emphasis is...
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Right to decision in international protection proceedings within reasonable time period
Mašlej, Jiří ; Kryska, David (advisor) ; Rajchl, Jiří (referee)
The thesis discusses deadlines for decisions issuing in proceedings on international protection, especially within the frame of procedure for granting of international protection status. This analysis compares current legal situation with the situation before the amendment to the Asylum Act by the Act No. 314/2015 Coll., effective from December 18th, 2015, which reflects jurisprudence, literature and administrative practice in the field. It further elaborates interpretation of certain vague legal concepts which manage the international protection of vital importance, such as "reasonable period", "without undue delay", "factual and legal complexity." The study discusses -from the applicant's perspective - means of the protection against inactivity and compares their efficiency. The thesis aims to monitor and evaluate a common phenomenon of the administrative practice, the failure to meet deadlines, altogether with extension of the deadline in the application proceedings due to the exceptional circumstances, which has become the standard procedure rather than an exception. My goal is also to raise a question whether the fundamental rights of the applicants for the international protection (who are considered to be vulnerable individuals in a difficult life situation), guaranteed by the Charter and...
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Regulation of use of tobacco products
Šimáková, Lucie ; Kryska, David (advisor) ; Svoboda, Petr (referee)
The subject of this diploma thesis is anti-smoking legislation in the Czech republic. This diploma thesis results from contemporary legislative changes regarding health protection against using the tobacco products. I described history of smoking and smoking bans, actualy activ and prepared legislation regulating using the tobacco product, offenses and misdemeanors, definitions, conections of smoking bans and human rights and liberties, legislation of the European Union and some european states. In the introduction I explain my view on the actual anti-smoking legislation in the Czech republic. I try to delineate, which problems actual legislation brings and which defictis has. The first chapter explains attitude of the society to smoking during the time, we can see, that smoking began being "normal" quite fast, and states did not reduce it at all. The second part compares human liberty and right to health. Next chapters contain actual legislation in the Czech republic - offenses, advertising and especially current change of act editing packaging and warning. I explain terms and definitions, commitmens to the EU and international organisations. One chapter also brings two planed changes of the czech anti-smoking legislations - there are one completely new law and one sectional change of the current...
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Personal data protection while carrying on business
Hricová, Kateřina ; Kryska, David (advisor) ; Millerová, Ivana (referee)
Personal data protection is only one of many specific fields of administrative law. In everyday life, personal data and their protection are quite wide area that deserves our full attention and it's possible to study it extensively. This diploma thesis deals specifically with personal data protection while processing them. First of all, it defines the right to privacy and the term personal data. Further, it deals with basic legal requirements concerning personal data processing based on Act no. 101/2000 Coll., on the protection of personal data, including transfer of personal data to other countries and its recent development in Safe Harbor principles that are rules for transfer of personal data into United States of America. Besides personal data being a unique tool to distinguish individuals from each other, they are a very useful and valuable tool in business too. Therefore the most common way of personal data processing is while carrying on a business. At the end of this thesis, some specific situations were chosen to demonstrate how entrepreneurs process personal data of their customers and other persons they come into contact with. Then the basic obligations of data processing are analyzed with respect to real situations.
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