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Public Disciplinary Offense of Civil Servants
Chadima, Marek ; Prášková, Helena (advisor) ; Pítrová, Lenka (referee) ; Bárta, Jan (referee)
1 Public Disciplinary Offense of Civil Servants Abstract This thesis deals with the sub-area of administrative punishment, specifically disciplinary punishment of civil servants. Well-established rules of disciplinary punishment should guarantee both the protection of the public subjective rights of the civil servant and the stabilization of the civil service system, as well as its depoliticization and encourage deeper professionalization. Therefore, this sub-area forms an important area of the administrative law. The main goal of this thesis is to analyze a disciplinary offense and disciplinary proceedings of civil servants in a broader context and to analyze principles applied in this area. This thesis critically analyzes the individual parts of the researched area and answers several research questions. First, the author defines the basics of the topic, summarizes the law and provides the historical frame of disciplinary punishment of civil servants. He then examines whether the decision to take a disciplinary offense on a civil servant is a decision on a criminal charge within the meaning of Article 6 of the European Convention on Human Rights. He concludes that it is not and bases multiple findings on this conclusion. Subsequently, the substantive-law and procedural-law parts follow. In the last...
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Forms of protection of rights in the administrative judicial review
Codl, Daniel ; Pítrová, Lenka (advisor) ; Pomahač, Richard (referee) ; Vondráček, Jaroslav (referee)
Forms of protection of rights in the administrative judicial review This thesis treats about the regulation of legal actions in the Code of Administrative Judicial Procedure with emphasis on problems related to the choice of the correct legal action type (against a decision, for protection against inaction and for protection against unlawful interference) in borderline cases in which is difficult to determine a form of administrative activity. The main goal is to analyze if it is possible to construct a universal type of administrative legal action, or at least to propose a solution that will make different types of administrative legal actions more permeable. The first part deals with key procedural institutes that are common to all types of actions. In particular it is the concept of public right, which is the basis of active standing to bring an action, and all other legal regulation derives from it. This also includes the issue of suspensory effect and interim measures, as well as incidental review of measures of a general nature. The issue of an administrative action in the public interest, which is only related to an action against a decision, cannot be neglected, although other activities of the administration may also detriment the public interest. In the second part, the thesis deals with...
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Withdrawal of the permanent resident permit of a third-country national
Nguyen, Hoang ; Pítrová, Lenka (advisor) ; Kryska, David (referee)
Withdrawal of the permanent resident permit of a third-country national Abstract This master thesis deals with a topic of withdrawal of the permanent residence permit of a third- country national as a display of state power exercise in the field of immigration. The main focus is both substantive and procedural prerequisites for revocation of residence permit. Withdrawal grounds of the permanent residence permit together with the principle of proportionality as well as a withdrawal procedure as such will be dealt with. The aim is provide general overview of applicable law regarding withdrawal of the permanent residence permit that is deemed to be as the highest and the most priviledged residence permit obtainable on the territory of the Czech republic. Yet this work shall not be limited merely to reproduction of its legal doctrine and case law, but aims to point out problematic moments in the course of withdrawal of the residence permit in question as well as to offer conceivable solution. This work is divided into three topics, precisely into five chapters excluding its introduction and conclusion. First chapter deals with key terminology of immigration law or law of aliens. Firstly, a fundamental concept of a foreigner will be introduced. This includes a notion of third-country national as well....
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Artificial splitting of a public contract under EU legislation and CJEU case law
Sargsyan, Gayane ; Šmejkal, Václav (advisor) ; Pítrová, Lenka (referee)
Artificiall splitting of a public contract under EU legislation and CJEU case law ABSTRACT The EU public procurement law aims to ensure open competition in the public procurement market for the purpose of achieving the EU internal market. The scope of procurement legislation based on the estimated value of a contract is set by the financial thresholds specified in the relevant Directive 2014/24/EU. In direct breach to the purpose of EU procurement legislation is artificial splitting of a public contract conducted by a contracting authority resulting in lowering the estimated value of procured works, services and supplies, and thus excluding them from the scope of the Directive. Article 5(3) of Directive 2014/24 prohibits artificial splitting of a public contract. Similar provisions were part of first procurement directives from the 1970s. However, the relevant paragraph does not explicitly regulate what are the exact criteria that contracting authorities should take into consideration while determining the subject matter of a single public contract in order not to violate the prohibition of artificial splitting of a contract. The aim of this thesis is to analyse the secondary EU legislation relevant to prohibition of artificial splitting of a public contract, including soft law and relevant doctrine, as...
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Procedure for Granting International Protection in the Form of Asylum in the Czech Republic
Marková, Vendula ; Pítrová, Lenka (advisor) ; Petrmichl, Václav (referee)
Procedure for Granting International Protection in the Form of Asylum in the Czech Republic Abstract The content of this work is mainly the course of the asylum procedure from the submission of application for international protection to possible appeals, but also the definition of fundamental concepts, the historical development of the asylum institution, international, EU and national sources related to this procedure. In the introduction of this work I introduced and explained the different concepts without which it would be difficult to understand the asylum issue. In addition to outlining the historical development in this area, I have also taken the liberty of mentioning several major migration waves. Another important part of this thesis are the individual legal sources of this issue. The key documents of international regulation are described. Within the framework of Community law, the thesis lists the essential directives and regulations with a view to the necessary Europeanisation and subsequent incorporation into our legal system. The present work focuses on Europeanisation and the related influence of the CJEU case law on the interpretation of legal norms in the individual Member States of the European Union. It aims primarily to analyze and understand the various stages of the asylum procedure....
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Legislative process in public administration
Sedláčková, Pavlína ; Pomahač, Richard (advisor) ; Pítrová, Lenka (referee)
Legislative process in public administration Abstract This diploma thesis addresses the legislative process in public administration. The aim was to approach the procedure for the adoption of legislation by the government and to describe the legislative activity of the authors of this legislation, which are the already mentioned ministries and other administrative authorities. The activities of territorial self-governing units and their procedure for adopting generally binding decrees and regulations of the municipality/region were also described in passing. The thesis reflects the important case law of the Constitutional Court specifying both the requirements for issuing by-laws based on individual types of authorization provided by the Constitution of the Czech Republic and in terms of the binding nature of the Government Legislative Rules in the form of government resolutions. The thesis deals with the issue of mandatory requirements of the legislative acts, without which they should not be discussed by the government, as well as the position and role of the Legislative Council, which is only an advisory body to the government irreplaceable. The issue of law-making has proved to be neither the electronic collection of laws and international treaties (eSbirka), where the paper Collection of Laws, nor the...
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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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COMMON EU VISA POLICY AND THE RIGHT OF APPEAL AGAINST A VISA REFUSAL
Koukal, Michal ; Scheu, Harald Christian (advisor) ; Pítrová, Lenka (referee) ; Pořízek, Pavel (referee)
This thesis deals with a description and analysis of the EU law and policy on Schengen visas. The EU visa policy is analysed in its historical development and its place in the framework of Schengen acquis. Separately, important visa policy measures are analysed including the typology of visas, exceptions from visa obligation, visa reciprocity, visa facilitation and processes of visa liberalisation. Different phases of the visa procedure are studied with focus on the questions whether there is a right to be issued a Schengen visa when the conditions are met and the right of appeal. The relevant legislation subject to analysis is above all the Visa Code, the regulation on visa lists and the relevant jurisprudence of the Court of Justice. By way of illustration, the implementation in the Czech legal order is used and jurisprudence of the Czech higher courts is quoted to show to what extent the EU visa procedure and visa refusal matches the requirements of the administrative law theory on the administrative procedure and decision in general. The relevant rules are assessed as to the extent they match with principles of legitimacy, influence of legal certainty, effectiveness and proportionality. The core of the work is a hypothesis that current EU visa rules do not establish a right to a visa when the...
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Parallel application of national and Union competition law
Veselý, Jakub ; Šmejkal, Václav (advisor) ; Pítrová, Lenka (referee)
Parallel application of national and Union competition law The adoption of regulation No. 1/2003 opened a discussion on admissibility of parallel application of national and EU competition law regarding the ne bis in idem principle. The aim of the thesis is to map the condition of this legal topic after ten years since the process of modernisation of EU competition law on the basis of the analysis of judicial decisions and relevant legal acts including EU Charter of fundamental rights that became a part of EU primary law since Lisbon Treaty. Three different cases are to be understood under the term parallel application. The cumulative application means a case where national competition authority applies both national and EU law to punish anticompetitive behaviour in one single proceedings. The second case is the parallel application on the EU territory, where there are several proceedings held by competition authorities parallelly. These proceedings are held either concurrently or consequently. Lastly, the parallel application going beyond the EU territory is the case where an anticompetitive behaviour that has already been punished by a competition authority of a non-member state is subject of proceedings held by competition authority in EU. The thesis is divided into six chapters. The first...
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European citizens' initiative
Šíp, Matěj ; Král, Richard (advisor) ; Pítrová, Lenka (referee)
The very purpose of the thesis is to describe and give the legal analysis of the European Citizens' Initiative, which is the new part of European law. Subject matter of the first part of this thesis is deeply discussed democratic deficit in relation to citizens' initiative, which is followed by description of the direct democracy in Swiss Confederation and Slovakia. Introducing of main events and documents leading to the final EU regulation is also part of this thesis. The most important part is thereafter analysis of admissibility conditions of the citizens' initiative, necessary requirements and procedural rules while applying the regulation mentioned above. Significant attention is also paid to the role of the EU Commission, particularly when registering the citizens' initiative according to the regulation and potential consequences of non-registering. In addition, thesis deals with the nature of citizens' initiative and its relation to the EU Commission.
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