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The right to privacy in the context of data retention issues
Štefková, Adéla ; Antoš, Marek (advisor) ; Preuss, Ondřej (referee)
The right to privacy in the context of data retention issues Abstract The thesis deals with the issue of data retention in the context of the right to privacy. The thesis aims to map the development of the legal regulation of data retention both in national legislation and in the relevant rulings of the Constitutional Court, as well as in the legislation of the European Union and in the judgments of the Court of Justice of the European Union. The purpose of the thesis is also to assess the current legal regulation, the subsequent application of the proportionality test and the presentation of various alternatives to the current system of data retention. The thesis is divided into five chapters. The first chapter is devoted to the right to privacy in general, its various aspects, legal anchoring, development of privacy and permissible limitations. In the second chapter the current legal regulation of data retention under the national legislation is presented. The third part of the thesis chronologically guides through the development of the issue of data retention, attention is paid to decisions and legislation that have had a major impact on the issue, in particular Directive 2006/24/EC and its subsequent repeal. The fourth chapter focuses mainly on the status of the legislation after the repeal of the...
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The Principle of Proportionality and Its Application in the Field of Human Rights Norms
Ondřejek, Pavel ; Gerloch, Aleš (advisor) ; Holländer, Pavol (referee) ; Bröstl, Alexander (referee)
1 Abstract (in English langugage) In the presented dissertation thesis I tried to argue that if we want to apply the principle of proportionality correctly in case of a collision of fundamental rights or in case of a collision between a fundamental right and a countervailing interest, it is not sufficient only to refer to this principle within the argumentation. On the contrary, it is necessary to recognize a structure of this principle and to apply its components. In order to recognize the structure and components of the proportionality principle, it is necessary to understand the role and effects of human rights in legal orders. I assume that theoretical backgrounds of this principle contribute to the better understanding of the objective tension between the individual's autonomy and general will of the society. Another important aspect in the correct application of this principle is the institutional balance between the legislature and the judiciary and overcoming of the "counter-majoritarian problem". In the contemporary, not only Czech, but also foreign practice we may observe lots of examples in which courts do not pay appropriate attention to the proportionality principle. When solving hard cases, sometimes they made only a reference to this principle without further elaboration. From the...
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Liberal Theories of the Resolution of Conflicts between Human Rights
Broz, Jan ; Kysela, Jan (advisor) ; Ondřejek, Pavel (referee) ; Hapla, Martin (referee)
Liberal Theories of the Resolution of Conflicts between Human Rights This dissertation is based on two factual assumptions: (i) The existence of conflicts between human rights, which is determined by both the competitive pluralism of human rights and the existence of effective judicial mechanisms articulating the existence of these conflicts. (ii) The existence of a deep interrelationship between the concept of human rights and the concept of liberalism, which influences both structural and substantive aspects of human rights practice. Building on the assumptions just outlined, the aim of this paper is to analyse different ways of practical reasoning about the resolution of human rights conflicts in relation to the liberal human rights ethos. The first two chapters provide the basic conceptual framework relating to the two core concepts of this thesis. The first chapter, devoted to models and theories of rights, introduces Hohfeld's model of the analysis of rights as the most effective way of capturing the two competing theories of rights, namely will (choice) and interest (benefit) theory of rights. The use of Hohfeld's model shows that it is intuitively appropriate to understand the accepted concept of liberty as so-called bilateral liberty.At the same time, the analysis of the two competing...
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The Principle of Proportionality: Critique of Theoretical Standpoints and Its Relevance
Koref, Tomáš ; Ondřejek, Pavel (advisor) ; Tryzna, Jan (referee)
99 The Principle of Proportionality: Critique of Theoretical Standpoints and Its Relevance Abstract: A decision concerning a fundamental rights conflict needs to respect the principle of proportionality in order to be compatible with a constitutional order. The principle of proportionality obliges the court to adequately assess and weigh the conflicting fundamental rights or other constitutional principles in light of the particular facts. The proportionality of the decision is to be ensured by the so-called proportionality test. It consists of three steps: an assessment of the suitability, necessity and proportionality in a strict sense. The thesis The Principle of Proportionality: Critique of Theoretical Standpoints and Its Relevance describes the proportionality principle and the proportionality test in a specific legal- philosophical and legal-theoretical context. The first chapter introduces discursive theory as an important starting point for the rational application of fundamental right norms and the use of the proportionality test. For this purpose, it identifies the relationships between discourse, norms of justification and the proportionality principle. The second chapter of the thesis outlines, in relation to the existing approach of Czech legal theory, an alternative view of legal methodology...
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The Impacts of Mass Surveillance on Fundamental Human Rights
Kousal, Jakub ; Antoš, Marek (advisor) ; Kindlová, Miluše (referee)
The Impacts of Mass Surveillance on Fundamental Human Rights Abstract In this thesis I mainly deal with instruments of mass surveillance, which were recently revealed to the public by American IT specialist Edward Snowden. A considerable part is also devoted to Directive 2006/24 / EC of the European Parliament and of the Council, which at the time obliged Member States to adopt legislation providing for the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks. I also deal with the current form of its transposition into the Czech legal order. The purpose of this thesis is to assess if these instruments of mass surveillance meet the conditions of admissibility of measures limiting fundamental human rights, especially the right to privacy. I have understood the content of these conditions on the basis of the interpretation of relevant laws and international treaties on human rights, or their commentaries and relevant case law. This has led to the assessment of the accordance of these instruments with the principle of proportionality or the application of the proportionality test in its various forms. The concept of my thesis is therefore to be understood as a conflict of two interests, namely the...
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An Analysis of Functions of Human Dignity in Constitutional Law with Focus on Case Law of Czech Constitutional Court
Horák, Filip ; Grinc, Jan (referee)
After the concept of human dignity has spread into a large number of constitutions from all over the world, detailed examination of this phenomenon is steadily gaining importance. This thesis finds three autonomous approaches to human dignity in constitutional law, namely a subjective human right, the source of human rights and an objective constitutional value. Each of these approaches is based on a particular historical view on human dignity. The key argument of this thesis states that the connection of the three aforementioned legitimate approaches leads to the creation of dangerous and undesirable hybrid forms of human dignity. These forms tend to be axiomatic, preventing from the rational legal argumentation as well as from the use of the proportionality principle. The implementation of the concept of human dignity in such an axiomatic way is an argumentative foul, unfortunately so frequently made by both judiciary and doctrines. The thesis further focuses on the examination of the axiomatic human dignity phenomenon with respect to the Constitutional Court of the Czech Republic decision-making specifically. Using quantitative methods, it first comes to the conclusion that the problem of axiomatic human dignity-related argumentation does not only exist in the Constitutional Court's...
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An Analysis of Functions of Human Dignity in Constitutional Law with Focus on Case Law of Czech Constitutional Court
Horák, Filip ; Antoš, Marek (advisor) ; Hofmannová, Helena (referee)
After the concept of human dignity has spread into a large number of constitutions from all over the world, detailed examination of this phenomenon is steadily gaining importance. This thesis finds three autonomous approaches to human dignity in constitutional law, namely a subjective human right, the source of human rights and an objective constitutional value. Each of these approaches is based on a particular historical view on human dignity. The key argument of this thesis states that the connection of the three aforementioned legitimate approaches leads to the creation of dangerous and undesirable hybrid forms of human dignity. These forms tend to be axiomatic, preventing from the rational legal argumentation as well as from the use of the proportionality principle. The implementation of the concept of human dignity in such an axiomatic way is an argumentative foul, unfortunately so frequently made by both judiciary and doctrines. The thesis further focuses on the examination of the axiomatic human dignity phenomenon with respect to the Constitutional Court of the Czech Republic decision-making specifically. Using quantitative methods, it first comes to the conclusion that the problem of axiomatic human dignity-related argumentation does not only exist in the Constitutional Court's...
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Publication of salaries in administration
Kračmar, Jiří ; Korbel, František (advisor) ; Handrlica, Jakub (referee)
Disclosure of salaries of public authority employee - abstract This thesis is concerned with the issues of legal interpretation of key provision of Act No. 106/1999 Coll. on free access to information relating to disclosure of salaries of public authority employee. The thesis introduction is focused on the constitutional aspects of the right to information and the right to privacy. It is also focused on the collision of these two fundamental rights. The following chapter examines the disclosure of salaries of public authority employee regulation and discovers and expounds the intended meaning of this regulation by the principles and rules of standard methods of interpretation, especially lingual interpretation, systematical interpretation, historical interpretation and teleological interpretation. This chapter provides the lingual meaning of key provision of Act No. 106/1999 Coll. on free access to information, presents brief look at relationship between the disclosure of salaries of public authority employee regulation and other norms and legal acts of the European Union and finally finds the content, sense and purpose of the regulation from both subjective (historical) and objective (teleological) point of view. This chapter also deals with case law analysis. The focal discussion point of this thesis is...
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The issues of the constitutionality of regulatory fees in health care
Svatoš, Jiří ; Suchánek, Radovan (advisor) ; Jirásková, Věra (referee)
Goal of this thesis was to assess the constitutionality of "regulatory fees" in healthcare, which were enacted in the Czech Republic in 2007. The first chapter goes through the two decisions of the Czech Constitutional Court concerning assessment of the constitutionality of regulatory fees and identifies five main areas to study: 1)General methodology of human rights interpretation and their collisions in the Czech constitutional system, 2)Genesis and interpretation of social rights. 3)Identification of a test to assess collision between social rights and public goods 4)Essence of the right to free healthcare 5)Empirical assessment of the regulatory fees impact Second chapter is an overview of the first area divided into two sections: traditional methods of interpretation in constitutional law and development of the proportionality principle based on an overview of the Czech and foreign jurisprudence and the previous decisions of the Czech Constitutional Court. Third chapter describes the genesis of the social rights as a specific area of human rights. Implication from both chapters are combined to create a universal proportionality test that includes specific intensity of review for social rights. Fourth chapter provides a case study that firstly identifies the essence of the right to free healthcare,...
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The Principle of Proportionality and Its Application in the Field of Human Rights Norms
Ondřejek, Pavel ; Gerloch, Aleš (advisor) ; Holländer, Pavol (referee) ; Bröstl, Alexander (referee)
1 Abstract (in English langugage) In the presented dissertation thesis I tried to argue that if we want to apply the principle of proportionality correctly in case of a collision of fundamental rights or in case of a collision between a fundamental right and a countervailing interest, it is not sufficient only to refer to this principle within the argumentation. On the contrary, it is necessary to recognize a structure of this principle and to apply its components. In order to recognize the structure and components of the proportionality principle, it is necessary to understand the role and effects of human rights in legal orders. I assume that theoretical backgrounds of this principle contribute to the better understanding of the objective tension between the individual's autonomy and general will of the society. Another important aspect in the correct application of this principle is the institutional balance between the legislature and the judiciary and overcoming of the "counter-majoritarian problem". In the contemporary, not only Czech, but also foreign practice we may observe lots of examples in which courts do not pay appropriate attention to the proportionality principle. When solving hard cases, sometimes they made only a reference to this principle without further elaboration. From the...
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