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Conscription in the legal system of the Czech Republic
Bejbl, Daniel ; Kudrna, Jan (advisor) ; Grinc, Jan (referee)
Conscription in the legal system of the Czech Republic The main goal of this thesis is to provide a comprehensive take on a conscription legislation in the Czech legal system. With this in mind the beginning of the thesis includes a definition of conscription as well as the differences between conscripted army and a professional army since both these systems currently are or have been present in Czech armed forces. To better understand the different types of conscription used throughout the history, the thesis also contains a chapter encompassing a basic development of Czech (Czechoslovak) foreign policy and defence strategy since the birth of an independent Czechoslovakia up to this day, focusing its impact on the concrete type of conscription used in the particular period. Then, a comprehensive third chapter about a historical development of different types of providing defence to the area of the contemporary Czech Republic is included. Each subchapter is dedicated to a certain historical period since the early system of princely retinues during the 10th century up till the 21st century and a fully professional army. The main part of the thesis consists of chapters four to seven which describes individual aspects of current conscription legislation such as organization of Czech armed forces,...
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Constitutional Regulation of the State of Exception in a Rechtsstaat
Kollert, Lukáš ; Kudrna, Jan (referee)
Název diplomové práce, abstrakt a klíčová slova v anglickém jazyce Title Constitutional Regulation of the State of Exception in a Rechtsstaat Abstract This treatise focuses on extraordinary reactive legal instruments designed for crises resolution, which include in particular the state of exception and also the right to resistance. The latter differs from the former in that it cannot be invoked by public authorities under a Rechtsstaat, but only by citizens who are subject to their authority. The aim of this treatise is to thoroughly examine the concepts of the state of exception and the right to resistance and their relation and to answer the question of whether the corresponding institutions should be regulated in positive law or otherwise recognized under a Rechtsstaat. In the chapter on the state of exception, I inquire into the concepts of crisis and state of exception, present various typologies of this institution, outline controversies, confusions and problems associated with it, present possible responses of public authorities to exceptional harmful situations and assess their advantages and drawbacks. Following the conclusion that the state of exception ought to be regulated in positive law, I ask the question of how it should be codified and propose a two-level regulation, which combines...
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Right to be Forgotten - Right to Privacy in the Internet Age
Váňa, Jan ; Kudrna, Jan (referee)
Right to be Forgotten - Right to Privacy in the Internet Age Abstract The first chapter of the diploma thesis aims to identify the threats to human privacy and forgetting that were brought on by the advancements in the field of information and communication technology in the recent decades. Both privacy and forgetting have important functions in the life of the individual, as well as on the societal level. The protection of those functions, whose analysis can be found in the second chapter of the diploma thesis, is one of the basic tasks of modern, liberal and democratic societies. Unless we want to leave the evolution of our civilization up to the technological developments and their often unforeseen (and unforeseeable) consequences, it is imperative that we systematically evaluate their impact on society. Such evaluations should then serve as bases for devising regulation (both legal and non- legal) that would eliminate or at least mitigate the identified societal threats. In the context of human privacy and forgetting, one of the outcomes of such an impact assessment and regulatory consideration is the right to be forgotten. This right can be seen as a legal instrument protecting the informational aspect of human privacy, or rather the informational self-determination of individuals, in the new reality...
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The issue of so-called hate speech in the context of freedom of speech
Chvátalová, Daniela ; Kudrna, Jan (referee)
The issue of so called hate speech in the context of freedom of speech Abstract This thesis titled The issue of so-called hate speech in the context of freedom of speech deals with the legal regulation of hate speech at the international and national level. The thesis contains a comprehensive analysis of legal instruments regulating hate speech in civil, anti-discrimination, administrative and criminal law. This thesis combines the theoretical basis of hate speech regulation with practical knowledge about the applicability of individual legal norms and is supplemented by relevant case law of the Czech courts and the European Court of Human Rights. The aim of this work is to describe the phenomenon of hate speech, provide an analysis of legal instruments regulating hate speech and also to analyse legal arguments for hate speech regulation. The thesis attempts to find the boundary between protected speech and speech that is unprotected by the international and constitutional framework of freedom of speech protection, by means of an analysis of individual court decisions. The thesis also contains a critical reflection of the current legal framework of hate speech regulation and suggests possible variants of legislative changes in the future. The thesis is structured into five chapters. The first part...
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State Immunity at the Dawn of the 21st Century: Twilight or Renaissance?
Kudrna, Jaroslav ; Ondřej, Jan (referee)
1/3 ABSTRACT STATE IMMUNITY AT THE DAWN OF THE 21ST CENTURY: TWILIGHT OR RENAISSANCE? JAROSLAV KUDRNA, ESQ., LL.M. State immunity is a foundation of public international law. Sovereign immunity is based on the fundamental principle of international law, namely the equality of states - par in parem non habet imperium. State immunity is thus a manifestation of state sovereignty and states demonstrate respect for the sovereignty of other states by according immunity to foreign states appearing before their courts. The principle of state immunity is a dynamic area of public international law. State practice is continually evolving through national laws and court rulings. The aim of this thesis is to describe the current development of state immunity and to identify possible future trends. Another objective is to draw from current developments and offer practical recommendations on state immunity for both investors and states. The 20th century can be described as a twilight of state immunity: an absolute theory of state immunity shifted towards a restrictive one. That century witnessed the decline and fragmentation of state immunity. In contrast, if the UN Convention on jurisdictional immunities of states and their property enters into force and is ratified by a large number of states, state immunity might...
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Military justice in selected NATO member states
Stypa, Ondřej ; Kudrna, Jan (referee)
The diploma thesis explores military justice in selected NATO member states. First, it defines the concept of military justice and presents models of military justice. It than analyzes systems of military justice in three selected NATO member states, which are the United Kingdom of Great Britain and Northern Ireland, the United States of America and the Republic of Poland. It focuses on the scope of jurisdiction of military courts, the entities subject to military courts, the composition of military courts, the process of appointment and dismissal of judges and lay members of military courts and the design of the system of military courts. Subsequently, it compares the military justice systems of selected states and examines in which areas similarities and differences can be found. It then uses the results of this comparison, together with an analysis of relevant case law of the European Court of Human Rights, to determine how the European Court of Human Rights has influenced the military justice of selected European NATO member states compared to the USA.
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Right to be Forgotten - Right to Privacy in the Internet Age
Váňa, Jan ; Kudrna, Jan (referee)
Right to be Forgotten - Right to Privacy in the Internet Age Abstract The first chapter of the diploma thesis aims to identify the threats to human privacy and forgetting that were brought on by the advancements in the field of information and communication technology in the recent decades. Both privacy and forgetting have important functions in the life of the individual, as well as on the societal level. The protection of those functions, whose analysis can be found in the second chapter of the diploma thesis, is one of the basic tasks of modern, liberal and democratic societies. Unless we want to leave the evolution of our civilization up to the technological developments and their often unforeseen (and unforeseeable) consequences, it is imperative that we systematically evaluate their impact on society. Such evaluations should then serve as bases for devising regulation (both legal and non- legal) that would eliminate or at least mitigate the identified societal threats. In the context of human privacy and forgetting, one of the outcomes of such an impact assessment and regulatory consideration is the right to be forgotten. This right can be seen as a legal instrument protecting the informational aspect of human privacy, or rather the informational self-determination of individuals, in the new reality...
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The scope of the powers and staus of the SAO
Votápková, Michaela ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
Theses focuses on the status and powers of the Supreme Audit Office of the Czech Republic. The topics of the audits, done by SAO, have been described primarily in the framework of topics, describing audits done by state authorities. Scope of audits done by the Office one of them. Submitted work deals just with auditing competencies of the SAO and describes it from the theoretical point of view. Substantial space is dedicated to the case law, especially of the Constitutional court. Such case law has been important for defining of organizations, subjected to audit activities SAO. The aim of the thesis is to investigate the status of the Supreme Audit Office as independent authority sui generis, his powers and scope of his activities. The text is divided into individual chapters, with expanded analysis. The goal is to provide readers with detailed information on mentioned topics. Introductory chapters deal with history of audit organizations, preceding constitution of SAO. Further chapters are dedicated to constitutional anchorage of the SAO, its relations to other constitutional authorities and to attributes of the Office's independence. Attention is paid to the actual exercise of auditing powers of the SAO and its comparison with audit activities of other state authorities. Special part describes in...
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Inovative asphalt mixtures to flexible pavement structure with using reclaimed asphalt
Horáček, Daniel ; Poulík, Zdeněk (referee) ; Kudrna, Jan (advisor)
The diploma thesis is focused on the design and production of two innovative asphalt mixtures of the VMT 22 type into the base asphalt course. The newly produced blends contain modified binders, such as polymer modified bitumen (PMB) and Crumb rubber modified bitumen (CRMB). The theoretical part of the thesis describes the current state of the use of Reclaimed asphalt pavement in the base asphalt course. Furthermore, there are described types of asphalt mixtures for the base asphalt course are used in the Czech Republic and other countries. The conclusion of the theoretical part is devoted to the description of Reclaimed asphalt pavement (RAP), its storage and processing in a hot mix center. In the practical part of this thesis, there is described design and test of two High modulus asphalt mixture VMT 22, into which 25% RAP is dosed cold without rejuvenators. These asphalt mixtures are then subjected to functional tests (Stiffness of asphalt mixture test, Resistance to fatigue test, Low temperature properties of asphalt mixture test). The results of the functional tests are compared with the functional requirements in the Czech regulation TP 151. In the end of this thesis it is verified by means of the LayEps software that a suitable design of the asphalt mixture can significantly extend the road life.
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Judicial Review of Executive Orders
Slezáková, Monika ; Kudrna, Jan (referee)
The topic of the diploma thesis is the judicial review of executive orders. The thesis begins with the first chapter dedicated to executive lawmaking with a focus on the separation of powers context. The second chapter then describes executive orders as legal acts, paying attention to the specifics of their binding force, usage and issuance procedure. The third chapter delves into the judicial review of these acts, first delineating the authority for review and specifics of jurisdiction, followed by analyzing the context of review of executive orders, ultimately formulating a guideline to follow when determining the validity of executive orders. The final chapter applies this guideline and all the foregoing information to chosen cases which are analyzed. Key Words: Executive orders, executive lawmaking, separation of powers, judicial review, authority, case or controversy doctrine
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