|
|
Extraordinary appeal
Engelmann, Jan ; Šámal, Pavel (advisor) ; Bohuslav, Lukáš (referee)
1 Abstract My master's thesis is focused on analysis of extraordinary appeal in criminal procedure. Extraordinary appeal is one of extraordinary remedial measures which was introduced into the Czech Criminal Procedure Code with effect from 1 January 2002. The thesis is devided into 6 chapters and the main chapter of the thesis is focused on in-depth analysis of the grounds of an extraordinary appeal and the issue of so called extreme discrepancy. So far, the issue of so called extreme discrepancy has not yet been subject to in-depth analysis in professional literature, therefore I pay more attention to this matter. The importance of so called extreme discrepancy is significant for the Supreme Court of the Czech Republic and its decisions. It is a concept arising from the case law of the Constitutional Court of the Czech Republic, which extends the grounds of an extraordinary appeal despite the grounds laid down in the Czech Criminal Procedure Code. Based on this concept the Supreme Court of the Czech Republic is obliged not only to review questions of law but also questions of fact in cases with so called extreme discrepancy. The Constitutional Court of the Czech Republic defends this concept saying it is neccessary to keep this approach in order to respect the fair trail within the meaning of the European...
|
|
|
Current labor law jurisprudence of the Supreme Court in the Czech Republic and its impact on regional education system
Konečný, Petr
Thesis deals with the case law of the Supreme Court in labor law with an impact on regional education. The Supreme Court is the supreme authority of the general court system in the country. The main mission of the Supreme Court is to ensure the unity and legality of court decisions, which is carried out through the adoption of a position on judicial decision-making. Attention is devoted to the analysis of individual legal cases in the field of regional education. KEYWORDS The Supreme Court of the Czech Republic, Jurisprudence, Regional education, Labor law, Labor disputes
|
|
|
Interpretation of labour law regulations in the case law of The Supreme Court of the Czech Republic
Šteffek, Artur ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
Interpretation of labour law regulations in the case law of The Supreme Court of the Czech Republic Abstract This thesis examines eight rulings of The Supreme Court of the Czech Republic that were handpicked for their extraordinary relevance in labour law. The author of this thesis attempts to find the solution to the problems solved by The Supreme Court in these rulings and then compares his reasoning and conclusions with the ones provided by The Supreme Court while evaluating the validity of the court's reasoning and conclusions along with whether The Supreme Court found its conclusions in a methodically sound manner. Rulings of cases No. 21 Cdo 4986/2010, 21 Cdo 224/2013, 21 Cdo 2745/2013, 21 Cdo 385/2014, 21 Cdo 5433/2014, 21 Cdo 3240/2015, 21 Cdo 1276/2016 and 21 Cdo 1276/2016 were the ones selected for analysis. The subject matter of the rulings listed above is as follows: When can an empoyer terminate a non- compete clause, whether or not specifying the applicable reason for termination in a medical opinion is needed in order to use said medical opinion as grounds for such termination, whether obstacle to work on the employee's part takes precedence over obstacle to work on the employer's part or vice versa, the relation between entitlement to severance pay and compensation provided by the Labour...
|
|
|
Extraordinary Appeal
Střesková, Markéta ; Šámal, Pavel (advisor) ; Bohuslav, Lukáš (referee)
1 Extraordinary appeal Abstract In my master's thesis I deal with one of the extraordinary remedial measures in criminal proceedings. The extraordinary appeal, along with the complaint against the violation of the law and the retrial, is a formalized extraordinary remedial measure. It can be used only to contest decisions of the court in the second instance if decided on its merits and permitted by law. It was introduced into the Czech legal system particularly to grant equal rights to both parties, when the accused himself may file an extraordinary appeal in the Supreme Court through his defence counsel. The aim of the thesis is to provide the reader with a comprehensive analysis of individual provisions of the Code of Criminal Procedure dealing with the extraordinary appeal in relation to case law of the Supreme Court and the Constitutional Court of the Czech Republic and professional literature, focusing on problematic aspects of the extraordinary appeal in criminal proceedings. The thesis is based mainly on professional literature and case law and uses descriptively-analytical and comparative writing method. The thesis consists of introduction and ten chapters, which are further divided into subchapters and conclusion. The first chapter deals with the concept of the extraordinary appeal, it is an...
|
|
|
Current labor law jurisprudence of the Supreme Court in the Czech Republic and its impact on regional education system
Konečný, Petr
Thesis deals with the case law of the Supreme Court in labor law with an impact on regional education. The Supreme Court is the supreme authority of the general court system in the country. The main mission of the Supreme Court is to ensure the unity and legality of court decisions, which is carried out through the adoption of a position on judicial decision-making. Attention is devoted to the analysis of individual legal cases in the field of regional education. KEYWORDS The Supreme Court of the Czech Republic, Jurisprudence, Regional education, Labor law, Labor disputes
|
|
|
Extraordinary appeal
Marada, Radim ; Pelc, Vladimír (referee)
The thesis is devoted to the issues associated with an extraordinary appeal in criminal proceedings. An extraordinary appeal is an extraordinary remedial measure by which final decision of the court may be contested if the court decided in the second instance and the law permits it. The chapter seventeen of the Rules of Criminal Procedure consists of 18 sections which represent the main source of law to this extraordinary remedial measure. The thesis focuses on their analysis while taking the literature and case law into account. Therefore, the paper aims to point out the problematic aspects of corresponding sections and case law that determine the conditions by which an extraordinary appeal may be lodged and processed. Naturally, the paper also seeks to convey the ideas of solving the particular problems in which its readers have been introduced in the thesis. Brief comparsion to the rest of the remedial measures contained in the Rules of Criminal Procedure is also presented. The thesis consists of the introduction, nine individual chapters and the conclusion. The individual chapters are divided into subsections to make the content of the paper easier to be oriented within. The first chapter deals with the conditions of admissibility of an extraordinary appeal. The term decision on the merits is...
|
|
|
Extraordinary Appeal
Marada, Radim ; Šámal, Pavel (advisor) ; Vokoun, Rudolf (referee)
The thesis is devoted to the issues associated with an extraordinary appeal in criminal proceedings. An extraordinary appeal is an extraordinary remedial measure by which final decision of the court may be contested if the court decided in the second instance and the law permits it. The chapter seventeen of the Rules of Criminal Procedure consists of 18 sections which represent the main source of law to this extraordinary remedial measure. The thesis focuses on their analysis while taking the literature and case law into account. Therefore, the paper aims to point out the problematic aspects of corresponding sections and case law that determine the conditions by which an extraordinary appeal may be lodged and processed. Naturally, the paper also seeks to convey the ideas of solving the particular problems in which its readers have been introduced in the thesis. Brief comparsion to the rest of the remedial measures contained in the Rules of Criminal Procedure is also presented. The thesis consists of the introduction, nine individual chapters and the conclusion. The individual chapters are divided into subsections to make the content of the paper easier to be oriented within. The first chapter deals with the conditions of admissibility of an extraordinary appeal. The term decision on the merits is...
|
|
| |
guest ::
