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Liability for harm caused by maladministration
Moravec, Marek ; Rajchl, Jiří (advisor) ; Svoboda, Petr (referee)
This diploma thesis focuses on the topic of "Liability for damage caused by incorrect administrative procedure" under Act No. 82/1998 Coll., on liability for damage caused within the exercise of public authority by a decision or incorrect administrative procedure and on the amendment to Act No. 358/1992 Coll., on notaries and their activities (Notary Act), as amended. Formally, the thesis is divided into seven chapters, which are further split into individual subchapters. The first chapter deals with the historical development of legislation governing state liability within the exercise of public authority and with current sources of law, including the introduction of literature. The second chapter focuses on the characterization of the liability as a part of private law and on the basic definition of the term "incorrect administration procedure". This term is generally defined as any procedure of a public authority excluding decision-making activities, which is in conflict with generally applicable legal regulations. The third and fourth chapters respond to the adoption of Act No. 89/2012 Coll., Civil Code, and analyse individual impacts of its secondary application to liability obligations. In particular, the thesis address the question of the conceptual change of liability, namely in direct...
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Administrative discretion and indefinite concepts of law
Petrmichl, Václav ; Vedral, Josef (advisor) ; Rajchl, Jiří (referee)
Cizojazyčné resumé My diploma thesis deals with the issue of the administrative consideration and indeterminate legal terms. In first chapter are mentioned theoretical fundamentals of administrative consideration and analysis of application principles. There are also described main conceptual features - provision of law as a legal basis, freedom in decision making proces and possibility to choose an optimal solution of the issue, conclusion, that discreation is not an inherent attribute of decission making proces within public administration, limits of dicretion, which can be deduced from provision of law (concretised limits) and basic principles of public law (general limits) and finally legal requirements for reasoning for the decision, based on administrative consideration. Second chapter describes indeterminate legal terms. At first text clarifies process of interpretation and subsumption facts under such terms, explains reasons and consequences of using this terms in law regulations. Chapter three deals with very common phenomenon - coexistention of administrative consideration and indefinite legal terms in one legal provision. Author analyses relations between them and then reccomend, with respect to judicial conclusions, how to carry out the process of aplication properly. In chapter four author...
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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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Types of municipalities in the public administration system of the Czech republic
Volf, David ; Kopecký, Martin (advisor) ; Rajchl, Jiří (referee)
This thesis is focused on defining the types of municipalities in the public administration system of the Czech Republic, according to various criteria that distinguish the various municipalities. This thesis distinguishes the municipalities according to their differences within the independent competence of municipalities, where it can be classified according to their designation, also according to their authorities, the municipality establishes, or, conversely, not established. Other differences the thesis searches within the delegated powers of municipalities where it is possible to distinguish the individual municipalities, depending on the extent to which they are entrusted with delegated powers. This thesis closely examines the statutory cities and their differences from other municipalities, as well as differences between the chartered cities. The individual districts of geographically divided statutory cities cannot be omitted as well. The thesis also try to outline the origins of different types of municipalities from the beginning also developing a municipal system on the territory of today's Czech Republic, focusing on different types of municipalities. The thesis briefly compares municipalities and regions. Part of the thesis deals with special entity sui generis that contains elements...
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Regulation of lobbying in the Czech Republic including a proposal de lege ferenda
Kislingerová, Gabriela ; Svoboda, Petr (advisor) ; Rajchl, Jiří (referee)
Regulation of lobbying in the Czech Republic including a proposal de lege ferenda Transparent lobbying and his regulation is natural and necessary part of functioning of democratic states. Regulation of lobbying done by legislation is supposed to be a fundamental element of transparency of democracies in 21st century; an essential element of an integrated system of development in approximation of civil society and public institutions, mutual trust and transparency in mutual relations. Regulated lobbying should enable citizens of a democratic society to exercise their right to public control of processes associated with the formation of laws, legal norms of lesser legal force and other important decisions. This thesis describes the current situation (March 2016) in the regulation of lobbying in the Czech Republic and choses, by author, suitable alternatives of solution to the lobbying regulation in the future. Due to the fact that lobbying is not regulated or defined by any law in the Czech Republic, lobbying is often pejoratively confused with corruption and generally misunderstood and negatively perceived by the public. The aim of the thesis is to present possible views on the solution to the problematic of regulation of lobbying in Czech Republic. The thesis is divided into two chapters. The...
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Contracts under public law
Háleková, Ivana ; Vedral, Josef (advisor) ; Rajchl, Jiří (referee)
in English The main topics of my thesis are public law contracts. Public law contracts can be defined as bilateral or multilateral legal operations, which establish, change or repeal rights or duties in the area of public law. I tried to give a complete point of view on them, including their history, the actual legal regulation and I also tried to present the single types of public law contracts. Public law contract is one of the forms of public service. It is an institute, which was already commented by legal theorists in the period of Austria-Hungary and also in the beginning of 20th century. The importance of this institute was shaded during the Second World War and during the period of communism. The democracy and then the general legal regulation in form of the normative act No. 500/2004 called the Rules of Administrative Procedure give the institute importance again. Public law contracts can be considered as instruments, which help to involve private entities in the sphere of public services. The thesis is divided into chapters, but it is possible to say, it is divided into two big parts. The first one concerns the definition of the public service in general, because I suppose it is necessary to understand the whole system for determining the public law contracts issues. It also concerns the...
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The Institution of Complaint According to the Administrative Procedure Code
Adamec, Martin ; Prášková, Helena (advisor) ; Rajchl, Jiří (referee)
- The Institution of Complaint According to the Administrative Procedure Code The subject of this rigorous thesis is a special type of complaint, which is a complaint about certain kind of behavior or procedure in public administration. Author of this thesis generally defines the complaint as an individual submission of the complainant intended to achieve a correction of the perceived drawbacks. The element of the individuality differs this type of submission from petitions, for which the shared interest is characteristic. Unlike the petition law the legal regulation of the complaints is very problematic and fragmented. It happens to be a remnant of for a long time unsolved situation, where the complaints were regulated by a controversial governmental decree from 1958, which was issued by unauthorized government and which was intended as provisional only. Despite the subsequent polemics regarding its validity and binding effect was this decree abolished as of 1 January 2006 relatively without any substitute. Until that time the complaints were regulated in a plenty of special acts, but the general regulation was missing. The change was supposed to be brought by the current Administrative Procedure Code, which original government proposal lacked the regulation of the complaints, but in the end it...
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Liability for damage caused by unlawful activities in administrative procedure
Trejbalová, Eva ; Svoboda, Petr (advisor) ; Rajchl, Jiří (referee)
This thesis is concentrated on the liability for damages caused by unlawful inactivity of the public administrative authority in the administrative process. The thesis is composed of five chapters, each of them dealing with different aspects of this matter. Chapter One is introductory and discusses briefly the historical development of the liability for damages of public administration and describes the sources of law in the Czech law system. Chapter two generally deals with the liability for damages according to Law no. 82/1998, characterizes the forms of the liability of the public administrative authority for damages during the performance of public administration and figured out of subjects of the liability relationship. Chapter three tries to elucidate the tree basic preconditions of the liability for damages creation: the incorrect administrative proces, the material or immaterial damage formation and the casual nexus between them. Chapter four examines the unlawful inactivity as one of the form of the incorrect administrative process. The chapter is subdivided into three parts. Part One describes the protraction in the administrative process. Part Two explains the question of inactivity of the initiating administrative proces ex officio. Part three deals with the influence of the using of...
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Liability for breach of discipline
Krameriusová, Lucie ; Kopecký, Martin (advisor) ; Rajchl, Jiří (referee)
The primary goal of the thesis is to provide a comprehensive overview of legislation that concerns disciplinary offences. The thesis is mainly informative and descriptive. This structure seemed most suitable due to the complexity of the legislation regarding this topic. The thesis is divided into twelve sections. The introduction is followed by chapters on general theoretical description of the legislation. A particular attention is paid to an analysis of administrative offences and includes a salient passage that describes the distinction between administrative offences and criminal offences. The theoretical introduction also constitutes of a section focused on administrative punishment and the principles that may have an impact on it to the extent of judicial punishment. One part of the introduction also shows the deficiencies in administrative punishment which inevitably result from a rather complicated structure of this legislation. The fourth chapter is focused on administrative disciplinary offences in greater detail. Aside from a concise analysis of the superordinate term disciplinary offence, this part also addresses procedural adjustment of disciplinary proceedings and general features of disciplinary liability. The fifth chapter reflects the influence of European law on the legislation and...
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Legal status of neighbours in the procedures under the Building Act
Šanovec, Přemysl ; Svoboda, Petr (advisor) ; Rajchl, Jiří (referee)
The main aim of the thesis is to provide explanation of the legal status of the neighbours in the procedures under the Building Act while working with the contemporary literature and the established practice of the courts. The first part of the thesis is devoted to a description of basic concepts. The first chapter explains the concept of structure and plot. The second chapter is describing the concept of neighbour and the evolution of the concept in detail to provide the best means of understanding the possible problems of the concept's interpretations. The final chapter of the first part explores the means of neighbour's defence against interferences of his rights connected with his real estate with special attention to the essentials of objections, as these are the main mean of said defence, while the factual content of the objections is explained in later chapters within the boundaries of individual procedures. The second part is divided into four chapters each dedicated to a certain field of procedures under the Building Act while focusing the neighbour's point of view. The first chapter describes the application for a planning permission procedure and its alternatives: the public law contract, the simplified procedure and the planning consent. The second chapter follows on with the building...
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