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Current issues of judicial proceedings in cases of international protection
Křižáková, Markéta ; Kryska, David (advisor) ; Rajchl, Jiří (referee)
The aim of the diploma thesis "Current issues of judicial proceedings in cases of international protection" is the evaluation whether the amendment of Asylum Act sufficiently fulfils requirements of the procedural Directive 2013/32/EU regarding the right to effective remedy. Namely these requirements are full and ex nunc examination of both fact and points of law that composes large part of this thesis, suspensive effect and time limits. In order to reach the goal of this thesis several questions are given which one of them relates to the right to effective remedy in international, European and national law. Hence the chapter two deals with the right to effective remedy in European Convention on Human Rights, Convention against Torture and International Covenant of Civil and Political Rights same as in EU Charter of Fundamental Rights and Charter of Fundamental Rights and Freedoms of the Czech Republic. Afterwards the thesis presents the main principles of administrative judiciary such as cassation principle and principle ex tunc and specifics of judicial proceedings in cases of international protection. Crucial part of the thesis is the chapter four that analyses above mentioned requirements of procedural Directive 2013/32/EU and transposition of these requirements by the amendment of Asylum Act....
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Administrative Proceedings in the Field of Real Estate Cadastre
Otáhalová, Eva ; Kopecký, Martin (advisor) ; Kryska, David (referee)
Due to great importance of real estate for each single economics the leadership and administration of the Real Estate Cadastre (Cadastre) was entrusted to the state, i. e. to particular government bodies, in the Czech Republic. This public list is so subject to public inspection all the time. Registered and provided details must be of highest quality, proceedings should be as quick as possible and this list should also provide the highest protection of those details. That is why the author decided to pay attention to the role of state in the evidence and dispose of real estate. This thesis focuses so on conclusion and further specification of the most important administrative proceedings in the field of Cadastre. The author wants to clarify their process and focuses mainly on their deviations from Administrative Procedure Code as well as on the changes that the Act Nr. 256/2013 Coll., on the Cadastre of Real Estate (Cadastral Act) has brought till 1. 1. 2014. That is why the author captures more types of proceedings in his thesis which can be encountered on the section of Cadastre to show that there really exist more types of proceedings and otherwise that not all of them can be identified as an administrative proceeding. That is why the thesis includes the comparison of those types of proceedings...
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Application proceedings for long-term residence permit for business purpose
Sigmundová, Iva ; Svoboda, Petr (advisor) ; Kryska, David (referee)
The aim of this thesis is an interpretation on the administrative procedure concerning an application of the third-country nationals for long-term residence permit for business purpose on the bases of the act nř 326/1999 Coll., On the residence of foreign nationals in the Czech Republic and about amendment of certain acts. The thesis is divided into four parts. The first part contains the interpretation of key terms (foreign nationals, long- term residence permit and business purpose) which determine the long-term residence permit for purpose in question. The second part deals with conditions to be met for submission of the application form and on requirements needed to be attached to the application form. The third part deals with the administrative procedure after submission of application form focusing on particularities of application proceedings for long-term residence permit for business purpose. The fourth part asses the issuing of final decision.
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Aim and purpose of the migration-related detention
Vítová, Šárka ; Kryska, David (advisor) ; Svoboda, Petr (referee)
The aim of the thesis is to answer the following question: What is the aim and the purpose of the migration-related detention? The question is further specified in four sub-questions provided in the introduction. Given that the essence of the detention is the deprivation of personal liberty as one of the fundamental human rights, the practice of detaining migrants in the Czech Republic seems to be in conflict with the personal liberty guarantees stipulated by the constitutional laws of the country, the Charter of Fundamental Rights of the European Union and several international human rights treaties. Resolutions of this conflict requires that such conditions are identified, under which the restriction of personal liberty is permissible. The list of conditions is provided in the thesis, including a legitimate purpose of the restriction of the fundamental right. Any restrictive practice must be capable of achieving this purpose and must not be misused for a purpose other than this. Subsequently, the thesis identifies aims of the different types of migrated-related detention, provided by the Czech laws - the Police Act, Aliens Act and the Asylum Act. The immediate aim pursued by detaining an alien is often to prevent him from obstructing a particular legal proceeding or action. The thesis also deals with the...
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Participants in administrative proceedings with emphasis on participation in proceedings conducted according to the Building Act
Matysová, Jana ; Vedral, Josef (advisor) ; Kryska, David (referee)
Participants in administrative proceedings with emphasis on participation in proceedings conducted according to the Building Act The Master thesis deals with a topic of participants of administrative proceedings, in which participation in proceedings conducted according to the Building Act is strongly emphasized. The author chose this topic because the participants in proceedings are irreplaceable procedural parties of every administrative proceedings without their existence no administrative proceedings could be conducted, and therefore they form an integral part of administrative proceedings next to administrative authority. The meaning of statutory legal regulation is to guarantee participants in proceedings mutually equal position and rights to prove a claim sufficient in administrative proceedings. The thesis introduces contemporary interpretative and application conclusions altogether with their gradual development and it evaluates in which way these conclusions brought about solutions and in which way conversely there were disputable questions in consequence of these conclusions. The Master thesis is divided into two basic parts dealing with definition of the circle of participants in proceedings according to the Administrative Act and participation in administrative proceedings conducted...
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The proportionality principle and the deprivation of liberty of a foreigner in administrative law
Holubkovová, Hana ; Kryska, David (advisor) ; Pítrová, Lenka (referee)
The proportionality principle and the deprivation of liberty of a foreigner in administrative law This thesis concerns the proportionality of the deprivation of liberty of the foreigner in Czech Republic. It only covers those types of deprivation of liberty that are specifically applied on foreigners and that are covered by the administrative law. In the first chapter this thesis defines legal concepts of a personal freedom and a proportionality principle. The second chapter covers the level of the international law, namely the article 5 of the European Convention of Human Rights, define legal conditions that a deprivation of liberty must meet and offers a relevant judicature of the European Court of Human Rights. The third chapter covers a deprivation of liberty from a view of the Return Directive (No. 2008/115/EC), the Reception Conditions Directive (No. 2013/33/EU) and the Dublin Regulation (No. 604/2013) and offers judicature of the Court of Justice of the European Union. The fourth chapter comprehends the Czech law and covers three acts, that enable a deprivation of liberty of a foreigner - the Act on the Police of the Czech Republic No. 273/2008 Coll., the Asylum Act No. 325/1999 Coll. and the on the Residence of the Foreign Nationals in the Czech Republic No. 326/1999 Coll. This chapter also...
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First instance hearing of administrative delicts
Nováková, Hana ; Prášková, Helena (advisor) ; Kryska, David (referee)
The subject matter of this thesis is the first instance hearing of administrative delicts, where the main focus is on the legal status of the accused. Since the adjudgement on guilt of the accused is the fundamental objective of the administrative infraction proceedings, it is not conceivable that such proceedings would be conducted in his/her absence. The accused is the essential subject whose rights and obligations are mandatorily adjudicated. Part 3 of the Act No. 200/1990 Coll., on Transgressions, is the main source of legal regulation of administrative infraction proceedings, while the Act No. 500/2004 Coll., Administrative Procedure Code, shall be used subsidiarily. These laws represent the basic legal framework for a proper conduction of administrative infraction proceedings. However it is also necessary to apply a wide range of legal principles arising out of the constitutional law and the international law. The European Convention on Human Rights plays a pivotal role since it guarantees the right to a fair trial, together with the presumption of innocence and the right of self-defense, as two integral parts of the right to a fair trial. This thesis analyses the individual procedural rights of the accused in detail, along with their classification into appropriate stages of the...
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Local referendum
Jedličková, Tereza ; Svoboda, Petr (advisor) ; Kryska, David (referee)
Resumé The thesis examines local referendums, a form of direct democracy that is used the most in the Czech Republic. Nowadays, it is a standard part of municipal politics. The goal of the paper is to provide a complex analysis of the legislation, based primarily on relevant case- law, including the newest rendered in fall 2014. The thesis is composed of an introduction, nine chapters and a conclusion. The order of the paper largely follows the composition of the Act on Local Referendum. Chapter One examines the relevant constitutional and international legislation. Chapter Two describes the scope of topics that may be subjects of local referendums in general and also looks at the most frequent ones. Chapter Three concerns itself with the preparative committee - a body that puts forward the proposal to hold a local referendum - and examines its assembling and operation. Chapters Four and Five explores the review procedure of the committee's proposal conducted by municipal authorities and by municipal councils that render the final decision to hold a local referendum. Chapter Six focuses on the conditions that need to be fulfilled in order to achieve a valid and legally binding decision in a local referendum. Chapter Seven describes all four types of judicial review procedures that relate to local...
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Local police and their powers in the field of supervision over the safety and uninterrupted traffic flow on highways
Pauch, Tomáš ; Vedral, Josef (advisor) ; Kryska, David (referee)
The competency of municipal police related to road safety This thesis deals with the competency of municipal police focused only on the issue of road safety surveillance. The main purpose of the study is to present basic orientation in particular authorizations to represent public law when enforcing road safety regulations. The study is composed of three main chapters devided in relevant subchapters, each of them dealing with different aspects of the administrative law. The first chapter briefly describes the origins of enacting the municipal police as a municipal body, pointing out the past difficulties, followed by the summary of the law regulation establishing the municipal police and controlling its activities by the municipal self-government. It also defines the municipal police as a part of the administrative law. In the main second chapter the single competencies are described, divided into subchapters by its source according to the Municipal police Act and the Road traffic Act. The permition to control speeding and testing the drunk drivers are most widely described, followed by the issue of towing vehicles. The history of each competency is recognized and then the study brings basic description, aims on the practical issues and tries to find legal solutions using the Czech case law. The...
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Comparison of Czech and Polish administrative Judiciary
Kryska, David ; Mikule, Leoš (advisor) ; Sládeček, Vladimír (referee) ; Filip, Jan (referee)
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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