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Measure of general nature
Hulínský, Viktor ; Vedral, Josef (advisor) ; Rajchl, Jiří (referee)
General Measure Abstract This diploma thesis is focused on general measure as one of the activities of public administration in Czech Republic. The thesis is systematically divided into four consecutive parts. First part is devoted to theroetical treatsie on the various forms of admnistrative acts. This part emphasizes the distinction between abstract administrative acts, individual administrative acts and mixed administrative acts, which are divided into two groups - specifically abstract and abstractly specific. Second part is focused on generals measures in general and its enshrining in czech legal order. This part includes definiton of general measure, its regulation in foreign law, wich is one of the inspirations for czech regulation. Second part of the thesis also includes chapters devoted to materiál and formal aspects of general measures as well as chapter about some particular general measuers. Following part is about creation of a general measure. This is a procedure that is generally regulated by the sixth part of the Administrative procedure code and applies whenever a special law does not says otherwise. This section is divided into five chapters, where each of the last four chapters deals with a different phase of the process. Last part is devoted possibilities of reviewing general measures....
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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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The new Administrative Procedure Code in comparison with the earlier regulation
Smrček, Zdeněk ; Sládeček, Vladimír (advisor) ; Staša, Josef (referee)
On January 1st, 2006, the act no. 500/2004 Coll., administrative procedure code (hereinafter "New administrative procedure code") has come into effect, replacing the act no. 71/1967 Coll., on administrative proceedings (administrative procedure code) (hereinafter "Old administrative procedure code"). The New administrative procedure code came with a broad range of new legal institutes and altered many others. The purpose of this thesis is to place the New administrative procedure code and the Old administrative procedure side by side to compare them with one another and to attempt to evaluate the contribution of the New administrative procedure code to the Czech legal system. The structure of the thesis follows the structure of the New administrative procedure code. Because of the range restrictions, this thesis cannot cover the whole content of both administrative procedure codes, so the scope of the thesis is limited only to the most important or the most interesting changes that the New administrative procedure code has brought. The thesis is composed of nine chapters; each of them deals with a different part of administrative procedure codes. The first chapter describes the process of birth of the New administrative procedure code and comments on the explanatory report. Chapter two focuses on...
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