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Temporary release from prison or provision of escort for urgent family reasons as part of the right to respect for private and family life of detained persons
Drahorád, Jakub ; Řepa, Karel (advisor) ; Suchánek, Radovan (referee)
Temporary release from prison or provision of escort for urgent family reasons as part of the right to respect for private and family life of detained persons The thesis deals with the issue of exercising the right to respect for private and family life by persons deprived of personal liberty due to detention or imprisonment in the form of the possibility to temporarily leave prison space, accompanied by an escort or alone, for serious family reasons. By these the thesis means attending the funeral of a close relative or the possibility to visit them in the hospital while suffering from a life-threatening condition. While in the case of persons remanded in custody, this issue is not regulated in any way by legal or secondary legislation, in the case of persons serving a custodial sentence in prisons with increased security or for life, it is partially explicitly prohibited. In practice, therefore, these persons are barred from exercising their right under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In the case of persons in the "regular mode" of serving a prison sentence, the execution of this right is dependent on the discretion of the prison director, who does not have to justify his informal decision to suspend the sentence, which is not...
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The position of the Constitutinal Court in the system of separation of powers in the Czech Republc
Schneider, Jan ; Hofmannová, Helena (advisor) ; Suchánek, Radovan (referee)
The position of the Constitutional Court in the system of separation of powers Abstract The thesis deals with defining the position of the Constitutional Court in the system of separation of powers in the Czech Republic. In order to understand the role of the Constitutional Court, it is important to understand the historical context, therefore the first part of the thesis deals with the development and concepts of constitutionalism and constitutional justice. In this part, the thesis will focus on important thinkers who have influenced the way of thinking about the modern state and the separation of powers. Subsequently, constitutional justice is concentrated and diffused. The second chapter deals with the development of the Constitutional Judiciary in Bohemia, from the Habsburg Monarchy, through the period in Czechoslovakia in 1918-1938, then the period from 1945-1989 and finally the Constitutional Court which was established in 1991. The third chapter will focus on the Constitutional Court of the Czech Republic, its establishment and legal regulation, the characteristics of the court as an institution, the function of a judge of the Constitutional Court, the specifics and individual types of proceedings before the Constitutional Court and the manner and binding nature of the Constitutional Court's...
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Judicial system in the Czech Republic
Vrána, Matouš ; Hřebejk, Jiří (advisor) ; Suchánek, Radovan (referee)
Judicial system in the Czech Republic Abstract This thesis focuses on the topic of the Judicial System in the Czech Republic, the aim of which is to provide a clear and compact interpretation of the chosen topic. The structure of the thesis respects the arrangement of the individual organizational branches of the court system according to Act No. 6/2002 Coll., on the Courts and Judges, Lay Judges and the State Administration of the Courts and Amending Certain Other Acts (the Judiciary Act), as amended by later regulations, i.e. from the highest to the lowest organizational branch. The thesis is structured into four chapters, where the first chapter of the thesis serves as an introduction, in which an explanation is presented concerning the separation of powers in the state and the basic related concepts, which are further explained in more detail in individual subchapters to better grasp the topic. The second chapter of the thesis is focused on the legal sources of the judiciary, where the first subchapter contains the basic definition of the sources of law and the following subchapters are focused on the interpretation of the main legal sources of the organization of the judiciary in the Czech Republic. The third chapter is the main part of the thesis, which describes the organization of the courts in the...
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Constitutional Aspects of Imprisonment Focusing on the Protection of Family Life
Bohuslavová, Adéla ; Hofmannová, Helena (advisor) ; Suchánek, Radovan (referee)
68 Constitutional Aspects of Imprisonment Focusing on the Protection of Family Life Abstract This thesis aim is to analyze some constitutional aspects of imprisonment relating to the fundamental rights and freedoms of convicts. The thesis is divided into two parts - the general part and the special part, which is aimed specifically at protecting family life. The general part theoretically deals with the definition of the meaning and purpose of imprisonment and its execution, the status of convicts as holders of fundamental rights and freedoms, constitutional limits of restrictions on their fundamental rights and freedoms, and the means of their judicial and other legal protection. Except for the third chapter dealing with the role of protection of family life when imposing a prison sentence, the special part focuses on the protection of family life during the period of imprisonment. It discusses the issue of placement and relocation of convicted parents, interventions in parental responsibility associated with the imposition of imprisonment, and analyzes specific institutes for protection of family life (such as visits, written and telephone communication, postponement or suspension of sentence, stay of the child with the mother in prison). The special part concludes with an overall evaluation of the...
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The right to life and the death penalty
Peleška, František ; Suchánek, Radovan (advisor) ; Kudrna, Jan (referee)
114 Right to life and the death penalty - Summary Perhaps no other topic has been subject to so many heated discussions like the topic of my thesis, in which there is a conflict between everyone's fundamental human right, namely the right to life on the one part, and the state's right to impose death penalty on some individuals that have committed a been convicted of certain crimes on the other part. Both advocates for and objectors to death penalty list many arguments for and against the capital punishment. As results from the conclusions I made in my thesis, some of the retentionists' arguments are seriously flawed. I was not able to prove the deterrent effect of death penalty and the related generally preventive function of capital punishment in relation to the most serious crimes. On the contrary, there are many cases where nations that do not have capital punishment in their legal systems have a lower level of the most serious criminality than nations using death penalty. The clear-up rate and the inevitability of punishment have a bigger effect than the harshness of punishment. The argument that the public opinion is significantly in favour of death penalty and thus the abolition of death penalty could result in less trust in the law is also very weak. A high level of support for capital punishment in...
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The right to assemble in the CR
Červenka, Filip ; Kudrna, Jan (advisor) ; Suchánek, Radovan (referee)
This thesis concerns the current legislation and practical issues of the right to assemble in the Czech Republic. In the introduction is described the development of the right of assembly from the year 1948 until the adoption of the current law, the Right of Assembly Act. The present legislation is based on the notifying principle. An Assembly shall therefore not be subject to permission of public authority. The legal framework of the right to assemble at national level consists primarily of Article 19 of the Charter of Rights and Freedoms and the Act No. 84/1990 Coll., on the Right of Assembly. In the field of international law is the respective regulation included mainly in the article 21 of the International Covenant on Civil and Political Rights and Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The work describes the most important institutes of the right of assembly, such as the convening of the assembly and the convening person, the rights and obligations of the convener, participants and the authority, spontaneous gatherings, prohibition and dissolution of an assembly. More attention is paid to situations where there are conflicts between the convener and the authority, which strives to prevent some assemblies. This was also the question...
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The constitutional position of Nagorno-Karabakh
Barsegyan, Karmen ; Suchánek, Radovan (advisor) ; Hřebejk, Jiří (referee)
Resumé Tato diplomová práce se zabývá historií, státoprávním postavením, statusem a uznáním Náhorního Karabachu. Problematika Náhorního Karabachu je často diskutovaným a politický ožehavým tématem mezinárodního společenství. Otázka Náhorního Karabachu je předně otázkou právní, ale má přímé politické důsledky. Náhorní Karabach je územím o rozloze 4400 km2, nacházejícím se na jihozápadě Ázerbájdžánu a ve východní části arménského pohoří. Arménie a Ázerbájdžán vedou o toto území dlouholetý spor, který v období rozpadu Sovětského Svazu na počátku 90. let 20. století vygradoval v regulérní válečný konflikt. Větší část území Karabachu je v současné době fakticky kontrolována neuznanou Republikou Náhorní Karabach. Status Náhorního Karabachu je sporný. Na Náhorní Karabach se dá pohlížet jako na nezávislý stát. Republika Náhorní Karabach, která má: státní území, obyvatelstvo a efektivní vládu, která skutečně drží moc v zemi, čímž vykazuje tři základní kritéria předepsaná mezinárodním právem proto, aby byla na základě nezadatelného práva národa na sebeurčení uznána suverénním státem. V současném světě však kromě těchto tří základních kritérii se setkáváme i s dalším institutem mezinárodního práva, a to sice uznáním státu za plnoprávného člena mezinárodního společenství, kterého se však do dnešního dne Náhornímu...
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Freedom of worship - its constitutional and statutory regulation and reflection in the caselaw of the Constitutional Cour
Popelková, Martina ; Hofmannová, Helena (advisor) ; Suchánek, Radovan (referee)
This thesis aims to analyze legislation of the Czech legal order concerning religious freedom. The work is divided in two parts. The first part of the thesis deals with the definition of religious freedom in the first place. Afterwards the thesis describes the Constitutional law relating to the religious freedom (especially the Article No. 15 and No. 16 of the Charter of the Fundamental Rights and Freedoms of the Czech Republic), international conventions relating to the theme (e.g. The Universal Declaration of Human Rights, The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights etc.) and further statutory provisions and legislative rules guaranteeing religious freedom in the Czech Republic. Major part of the thesis relating to the statutory provisions and legislative rules deals with the act No. 3/2002 Coll., on Freedom of religion and the status of churches and religious societies, as amended. The act No. 3/2002 Coll. constitutes basis of regularization of the freedom of religion in the Czech Republic. Various provisions of the act No. 3/2002 Coll. were subject to review of the Constitutional Court of the Czech Republic due to their unconstitutionality. The second part of the thesis discusses various decisions of the...
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