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Protection of personal data
Nutilová, Helena ; Prášková, Helena (advisor) ; Mikule, Leoš (referee) ; Mates, Pavel (referee)
The primary aim of this dissertation thesis is to present a comprehensive analysis of the issue of personal data protection in the Czech Republic with regard to the regulation in the EU. The secondary goal of this work is to explore the historical genesis and material sources of the issue in question. The core information sources from which the thesis draws represent laws, judicial decisions, official documents and Czech/foreign expert literature. In order to achieve the objectives of the work, the methods that are generally applicable in the field of legal science were used. Therefore the method of description (including classification), analysis and synthesis is mostly applied. The dissertation consists of seven chapters. After a short introduction, it begins with a sociological treatise on the importance of the protection of personal data in the 21st century. Privacy is currently an important topic in the light of the rapid development of information and communication technologies which have been developing since the second half of the 20th century and burgeoned since the turn of the century. Technological innovations allow for the collection of personal data on a large scale. These privacy infringements can prove to be irreversible, hence the importance of this area of law. The personal data...
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Administrative Sanctions in The Field of Gambling
Ulrich, Václav ; Pomahač, Richard (advisor) ; Rajchl, Jiří (referee) ; Mates, Pavel (referee)
Administrative Sanctions in The Field of Gambling Abstract The dissertation "Administrative Sanctions in the Field of Gambling" focuses on the description and analysis of the extent to which the specificity of the regulation of gambling is reflected in the interpretation and application of the administrative criminal law in this sector. In this regard, the main attention is paid to how the principles of administrative punishment are applied in dealing with gambling offences, and this analysis is based mainly on specific administrative rulings of relevant administrative authorities, i.e., the Ministry of Finance and customs authorities. The basic aim of this thesis is to assess how the administrative sanctions are applied in the operation of gambling games from the point of view of fulfilling the basic principles and institutes of the administrative criminal law as well as to evaluate the extent to which the administrative punishment contributes to the fulfilment of the point and purpose of this public-law regulation, that is always with specific cases and situations in which the facts of the case of individual gambling offences are presented. Another goal is to assess, inter alia, how the social perception of gambling is reflected in the decision-making activities of administrative bodies responsible for...
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Relations between courts and public administration in statutory construction
Fronc, Jaromír ; Mates, Pavel (referee)
Relations between courts and public administration in statutory construction Abstract Judicial review of administrative decisions (and statutory construction contained in them) may use divergent standards (strictness). The classical continental concept of administrative justice follows from the notion that courts answer questions of law independently of the administrative body. The goal of the thesis is to cast doubt on this concept and to define situations where it can be considered that courts could be deferential towards the public administration, i.e. leave certain space to the administration for its own interpretation, which the court would accept even though the court itself might not see the interpretation as the best one. The comparative part of the thesis shows that such an approach of administrative courts regarding interpretation made by public administration is not totally rare. That is mainly the case of the United States of America, where in the instance of ambiguous statutes or secondary legislation, the interpretation made by the agency charged with administering the law is rewarded with deference if such interpretation is at least permissible. Czech administrative courts (and the Constitutional Court) also often concede that there is a plurality of equally convincing legal interpretations....
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Legal aspects of electronic communication in administrative procedures
Drábková, Tereza ; Pítrová, Lenka (advisor) ; Handrlica, Jakub (referee) ; Mates, Pavel (referee)
v anglickém jazyce Legal aspects of electronic communication in administrative procedures The dissertation thesis has two basic parts, the first and largest part offers a comprehensive view on electronic communication with public authorities in the Czech Republic and the possibilities of electronic identification. The second part of the dissertation thesis is focused on legal aspect of personal data protection in electronic communication with abovementioned authorities. In both of these parts, the current EU legislation (e.g. eIDAS and GDPR) is taken into account. The first chapter contains an analysis of basic legal terms and institutes in the area of electronic communication and identification as well as in the field of personal data protection (e.g. data message, electronic signature, authentication, personal data and invalidity of delivery). Detailed analysis of legislative development in the area of electronic communication follows. Particular attention is paid to a launch and operation of the data box information system and legal effects of electronically signed (or sealed) documents. The fourth chapter deals in detail with specific legal issues related to communication through the data box information system (in particular to legal effects of service which suffers from a legal defect caused...
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Proceeding of Action against Decision of Administrative Authority
Kozelka, Pavel ; Prášková, Helena (advisor) ; Mates, Pavel (referee) ; Staša, Josef (referee)
Proceeding of Action against Decision of Administrative Authority Abstract The subject-matter of this dissertation thesis is the analysis of the legislation providing protection to public subjective rights in proceeding of action against the decision of an administrative body defined in Code of Administrative Justice, and assessment as to whether the protection provided to public subjective rights by the legislation is sufficient, including certain recommendations of possible changes. The basic method applied consists of the logical methods in combination with the normative approach, involving a detailed analysis and synthesis of the existing legislation and empirical examination of the offered protection in the problem areas on the basis of past judicial proceedings and also comparison of the discussed concepts with foreign legal regulations. The first model was the "traditional" German administrative justice legislation, which is the legislator's usual source of inspiration. In relation to this issue, one must not also disregard the newly adopted legislation on administrative justice in Slovakia. Even though stemming from the historical roots of the judiciary of the First Czechoslovak Republic, the Slovak approach to a number of concepts is different. The administrative justice system by far exceeds the...
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Protection of personal data
Nutilová, Helena ; Prášková, Helena (advisor) ; Mikule, Leoš (referee) ; Mates, Pavel (referee)
The primary aim of this dissertation thesis is to present a comprehensive analysis of the issue of personal data protection in the Czech Republic with regard to the regulation in the EU. The secondary goal of this work is to explore the historical genesis and material sources of the issue in question. The core information sources from which the thesis draws represent laws, judicial decisions, official documents and Czech/foreign expert literature. In order to achieve the objectives of the work, the methods that are generally applicable in the field of legal science were used. Therefore the method of description (including classification), analysis and synthesis is mostly applied. The dissertation consists of seven chapters. After a short introduction, it begins with a sociological treatise on the importance of the protection of personal data in the 21st century. Privacy is currently an important topic in the light of the rapid development of information and communication technologies which have been developing since the second half of the 20th century and burgeoned since the turn of the century. Technological innovations allow for the collection of personal data on a large scale. These privacy infringements can prove to be irreversible, hence the importance of this area of law. The personal data...
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Historical development of the language law and rights in the Czech Lands
Hulík, Milan ; Malý, Karel (advisor) ; Kuklík, Jan (referee) ; Mates, Pavel (referee)
298 Zusammenfassung Dissertationsarbeit "Geschichtliche Entwicklung des Sprachenrechtes in den böhmischen Ländern" hat sich als Ziel gesetzt, die Beziehung und das Verhältnis beider Hauptsprachen - Tschechisch und Deutsch - zu erforschen, die in den böhmischen Ländern seit Ankunft der ersten Bewohner böhmischen und deutschen Ursprungs gesprochen wurden. Die Arbeit befasst sich nicht mit den eigentlichen Sprachformen dieser Sprachen, sondern sie konzentriert sich auf das Verhältnis beider diesen Sprachen, Anfang ihrer Konkurrenz, ihren Einfluss in den böhmischen Ländern, Änderungen dieses Einflusses in der Zeit, und Konfrontation dieser Sprachen im Zusammenhang mit ihrem Verhältnis zu den Machthabern - Herrschern und ihren Höfen, Institutionen und Ämtern bei Verwaltung und Regierung der böhmischen Ländern. Die Arbeit verfolgt die ersten rechtlichen Regelungen - gesetzlich festgelegte Priorität der tschechischen Sprache in der Beziehung mit der deutschen Sprache in 1495 und 1615 und befasst sich auch ausführlich mit dem Verhältnis beider Sprachen nach dem Kampf auf dem Weisen Berg und Herausgabe der Verneuerten Landesordnung , ihrer formellen Gleichstellung, faktisch jedoch Rücktritt der tschechischen Sprache und ihrer Ersetzung durch die deutsche Sprache im Zusammenhang mit Wachstum der Habsburgermonarchie,...
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Legal and Systems Analysis of e-Government
Rieger, Pavel ; Mates, Pavel (advisor) ; Polčák, Radim (referee) ; Čepek, Ondřej (referee)
The goal of this doctoral thesis is to analyse some legal, technical and economic aspects, related to the development of e-Government in the Czech Republic and to draw some general prerequisites for a successful development of e-Government services. The work contains a review of the legislation, which has a direct or indirect impact on the development of e-Government. It concerns mainly the digital signature legislation, public administration information systems, general regulations on administrative procedures and some special regulations. In this thesis there are analysed in detail currently implemented e-Government projects, especially the public administration contact points, the data inboxes, the authorized documents' conversion and the basic registers of public administration. Special attention is also devoted to the questions of personal data security in information systems. Possible effects of e-Government are evaluated with regard to recipients of public administration, particularly to citizens and legal persons. Measurable indicators (metrics) are proposed to measure the progress of individual e-Government projects, along with the procedure of their calculation. This thesis concludes that for reliable measurement of efficiency, it is necessary to identify some quantifiable indicators on the cost side as well as and on the benefits side. These indicators should be oriented to the cost aspect as well as to the specific objectives of public administration. As for the methodology, in the thesis there are used the usual methods of research in the field of legal science. Concretely used methods are the process analysis, cost analysis and metrics analysis, whose methodology is based primarily on the economics, management and information management. Furthermore, the case studies have been used to fulfil the objectives of the thesis and to verify the thesis' hypotheses.
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E-Government within Public Administration in the Czech Republic
Lechner, Tomáš ; Mates, Pavel (advisor) ; Polčák, Radim (referee) ; Smejkal, Vladimír (referee)
The objective of the thesis is to analyze the current implementation of information and communication technologies in public administration in the Czech Republic and its development. The presented results come from my partial researches of this area, which I was doing in the whole course of my doctoral study. The thesis is divided into several parts. The first part deals with review of various e-Government definitions and its objectives identification as e-Government has already become an integral part of public administration transformation process. There are also discussed individual e-Government development stages within the broader context of information society development as well as in the context of connections created within the European Union. The second part of the thesis deals with two different points of view of e-Government. The first one includes separate components and institutes of e-Government such as an electronic signature, data mailboxes and contact points of public administration. The second point of view is based on projects. There are mentioned both state level projects such as the Portal of public administration, information system of data mailboxes, Czech POINT, basic registries of public administration and resort level projects as well as projects of particular authorities. Typical examples of regional and local level e-Government projects, which are provided by municipalities, are also included in this part. The third part of the thesis deals with legal, economic, social and regional aspects of e-Government. Indivisible part of this chapter is precise identification and description of constraints that limit implementation possibilities of information and communication technologies within the public administration. These constraints must not be understood as barriers that have to be overcome at any costs or as barriers restraining development of e-Government, but as borders of properly defined space, where the electronization of public administration should operate. Correct understanding of these constraints can help to decrease failure risk of e-Government projects. One of these constraints is legal framework, which I suppose to be crucial and that is why I pay to it the most attention. Besides proving the stated working hypothesis there are given three recommendations for next development of e-Government in the Czech Republic. I suppose that e-Government is a meaningful part of transformation process of public administration and that while keeping some rules it can bring significantly positive results.
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Owner occupied housing in the Czech Republic
Vašák, Michal ; Mates, Pavel (advisor) ; Toth, Petr (referee)
My diploma thesis deals with the issue of owner occupied housing in the Czech Republic. Attention is paid to the general importance of the provision of housing with emphasis on the social, economic and especially the legal aspects with respect to the rights that are granted by the Constitution and the Bill of Rights. It describes in brief the development of flat ownership since the 60's and the role of the state in the housing policy, particularly with the aim to bring attention to the existing legal regulation of this area -- the Flat Ownership Act. The main part of the thesis focuses on the legal regulation of flat ownership which draws on the dualistic concept of house co-ownership and the related ownership of a housing unit (apartment or non-residential area). Emphasis is put on the legal status of flat owners, the summary of rights and obligations that arise from ownership of a flat as a specific subject of property ownership. The ways in which flat ownership rights are formed are presented with regard to the consequences of the ownership rights being entered in the Land Registry. The creation, operation and the position of a Home Owners Association, a body corporate, which is established by law to manage dwelling houses, is presented particularly in relation to a specific flat owner. In this respect, as well as in other sections, the thesis follows the practice of the Constitutional Court and the Supreme Court that has considerable effect on the interpretation of law and the protection of rights and obligations pertaining to particular owners in exercising their property rights.
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