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Aim and purpose of the migration-related detention
Vítová, Šárka ; Kryska, David (advisor) ; Svoboda, Petr (referee)
The aim of the thesis is to answer the following question: What is the aim and the purpose of the migration-related detention? The question is further specified in four sub-questions provided in the introduction. Given that the essence of the detention is the deprivation of personal liberty as one of the fundamental human rights, the practice of detaining migrants in the Czech Republic seems to be in conflict with the personal liberty guarantees stipulated by the constitutional laws of the country, the Charter of Fundamental Rights of the European Union and several international human rights treaties. Resolutions of this conflict requires that such conditions are identified, under which the restriction of personal liberty is permissible. The list of conditions is provided in the thesis, including a legitimate purpose of the restriction of the fundamental right. Any restrictive practice must be capable of achieving this purpose and must not be misused for a purpose other than this. Subsequently, the thesis identifies aims of the different types of migrated-related detention, provided by the Czech laws - the Police Act, Aliens Act and the Asylum Act. The immediate aim pursued by detaining an alien is often to prevent him from obstructing a particular legal proceeding or action. The thesis also deals with the...
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Status and operation of Intelligence Services in the Czech Republic (legal aspects)
Bezděk, Tomáš ; Handrlica, Jakub (advisor) ; Svoboda, Petr (referee)
Position and activities of intelligence services in the Czech Republic (legal aspects) This thesis aims for coherent description of legal aspects of the status and activities of the three intelligence services of the Czech Republic which are Security Information Service, Office for Foreign Relations and Information and Military Intelligence. The thesis is based on legislation effective on January 1, 2016 but it also reflects the historical development of the legislation in this area since early nineties of the 20th century. It also outlines the possibilities of legislation in the future. The thesis is based on publicly available sources especially from legislation, judicial decisions of the Constitutional Court of the Czech Republic, secondary legislation, literature and scientific articles and web pages of the intelligence services. The thesis is divided into eight main chapters. The introductory chapter is focused on the definition of the most important notions in this area - notably the intelligence service, intelligence information and intelligence cycle. The second chapter describes the development of the intelligence services in the former Czechoslovakia and in the Czech Republic between 1918-1994. The third chapter is devoted to general characteristics of intelligence services of the Czech...
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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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Notifying and permitting development projects - a comparison of substantive and procedural regulation
Klimešová, Dominika ; Svoboda, Petr (advisor) ; Handrlica, Jakub (referee)
This thesis deals with notifying and permitting structures. The aim of the thesis is to analyze the current legal regulation of regimes for the realization of structures, including outlining changes in connection with the amendment to the Act No. 183/2006 Coll., on Town and Country Planning and Building Code (Building Act), as amended, and to compare notification and permission regimes from both substantive and procedural law. The thesis is divided into an introductory chapter, eight chapters and a conclusion. The introductory chapter covers an introduction to the realization of structures and its position within building law. The first chapter provides a historical excursion into the legal development of building law and describes applicable legal regulation of building law in the Czech Republic. The second chapter deals with the selected fundamental concepts essential to the realization of structures. The third chapter concentrates on the organization of public administration in the area of notifying and permitting structures. The purpose of the fourth chapter is to provide an overview of the regimes for the realization of structures and their brief summary. The fifth chapter deals with structures which do not require a notification nor a building permit. The sixth chapter focuses on the legal...
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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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Compensation for damage caused by exercise of public authority and public administration
Varmuža, Martin ; Pítrová, Lenka (advisor) ; Svoboda, Petr (referee)
Responsibility for damages caused by the execution of public authority and public administration and compensation for such acts is a surprisingly layered issue. When tackling this, it is vital to start with the general discourse, especially with emphasis on the teleological basis of the issue in the legal system as a whole. Only by working in this manner is it possible to address the current unanswered questions that surpass into legal philosophy - mainly the issue of lawmaker's responsibility for the content of his work. This area, together with a brief historical introduction is part of this thesis to ensure its comprehensiveness. The focus of this text lies in the presentation of the institutes found in the Act no. 82/1998 Sb., about the responsibility for damages caused by the execution of public authority and public administration. This issue is addressed comprehensively during the course of this thesis. I try to tackle the conditions for the invocation of the responsibility clauses, its character and the subjects of the relation among others. I also mention various problematic passages found in the Act and possible ways of improvement.
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Substrate cleavage by mammalian Dicer isoforms
Kubíková, Jana ; Svoboda, Petr (advisor) ; Pospíšek, Martin (referee)
Host organisms evolved antiviral responses, which can recognize the viral infection and deal with it. One of the frequent signs of viral infection in a cell is appearance of double-stranded RNA (dsRNA). One of the pathways responding to dsRNA is RNA interference (RNAi), which functions as the key antiviral defence system in invertebrates and plants. Mammals, however, utilize for antiviral defence a different dsRNA-sensing pathway called the interferon response. RNAi functions only in mammalian oocytes and early embryonal stages although its enzymatic machinery is present in all somatic cells, where it is employed in the microRNA pathway. A previous study indicated that the functionality of RNAi in mouse oocytes functions due to an oocyte-specific isoform of protein Dicer (DicerO ), which is truncated at the N-terminus. In my thesis, I aimed to assess whether DicerO processes RNAi substrates more efficiently in vitro than the full-length Dicer (DicerS ), which is found in somatic cells. Therefore, I developed Dicer purification protocol for obtaining both recombinant mouse Dicer isoforms of high purity. I examined their activity in a non-radioactive cleavage assay using RNA substrates with structural features characteristic of RNAi substrates. My results suggest that recombinant DicerO and DicerS do not...
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The powers of municipalities and regions
Konradová, Jana ; Kopecký, Martin (advisor) ; Svoboda, Petr (referee)
1 Resume The thesis is divided into two large units, on a theoretical and practical part. Follow the practical part of the work is to be divided on an assessment of selected aspects that are covered by municipal and provincial governments at the European level and in this context, then followed by a separate section on comparative evaluation of the scope of local government in selected European countries. I will focus first on the theoretical part. The issue of regions and municipalities evaluate first in the context of Czech legislation and then subsequently focus on each selected legislation relating to European legislation related to issues of regions and municipalities. Choice of thesis topic was selected based on an appropriate combination of administrative law issues and focus on the broader context of legislation within the EU, which focuses mainly practical part. With regard to the comparison of the Czech legislation and issues of European legislation, so we can get a rich variety of assumptions and considerations, which could be formulated in the context of the considerations de lege fedenda at the level of regions and municipalities. The main concept of the theoretical part is the local authority. Can we talk about the fact that public administration is carried out at its lowest possible level,...
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Equal access to education, its legal framework and protection
Frýbová, Alice ; Staša, Josef (advisor) ; Svoboda, Petr (referee)
Equal access to education, its legal framework and protection Key words: equal access to education, primary school, inclusive education, discrimination Right to equal access to education is the topic of the diploma thesis of the author. Its aim is to analyze some of the problems of the equal access to education with respect to the primary education. The diploma thesis is divided into five chapters. First chapter is introductory and it describes selected problematics of the primary education in the Czech Republic. In the second chapter the concept and conception of equality and discrimination are examined. Third chapter contains regulation of the Czech primary education. The author tries to analyze the Czech primary education, especially pros and contras of its structure. Next she describes the evolution of the primary education with respect to the new regulation, effective from 1.9.2016. In the fourth chapter the author describes some of the aspects of the entrance proceedings; she especially focuses on the entrance criteria. Fifth chapter is devoted to the possible remedies in administrative proceedings, administrative court proceedings and civil proceedings. It refers to some processual aspects, which can be problematic. In the last chapter the author summarizes her conclusions. To sum it up...
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