|
|
Protection against unlawful failure to act in public administration
Hansel, Nona ; Mikule, Vladimír (advisor) ; Svoboda, Petr (referee)
A purpose of my thesis was an analysis of problems with legal regulation of protection against unlawful failure to act in public administration. Firstly I described institutes which should prevent illegal inactivity so I focused on regulations of time for taking a decision and other institutes, especially regulation presented by the Administrative Procedure Rules. The regulation in Administrative Procedure Rules caused a lot of questions which are nowadays answered thanks to the Highest Court of Administration and procedure according the Administrative Procedure Rules is connected with protection given by an administrative justice. In this system there is also included regulation of liability for damages caused by unlawful official procedure. The purpose of this institute is not to prevent inactivity but to compensate consequences it caused. The legislature completed this topic with a result that injured party can require (since 2006) compensation for suffering moral damage independently of property damage. We can find some positive elements of recent regulation, such as specific regulation of time for taking a decision, formulation of fundamental principles of action of administrative bodies or possibility to provide compensation of moral damages. But the regulation has imperfections too. Since basic...
|
|
|
Legal aspects of human rights in the law suit
Šejnost, František ; Bohuslav, Lukáš (advisor) ; Pelc, Vladimír (referee)
The legal aspects of human rights in the court proceedings Abstract In the introductory part, this rigorous thesis deals with some legal aspects of human rights and fundamental freedoms in national, Community and international law, substantive and procedural institutes of their protection, including special cases of collision with international humanitarian law in armed conflicts. In the next part, the rigorous thesis deals with discriminatory legal norms and their application in administrative and judicial proceedings, including legal remedies under national law. In the final part, the rigorous thesis deals with the decision-making activities of the obliged entities in providing information under the Act on Free Access to Information, including the legal means of the judicial protection against illegal administrative acts of the competent administrative authorities. Keywords: Human rights, fundamental freedoms, discrimination, equal treatment, national law, Community law, international law, obliged entities, administrative body, court.
|
|
|
Territorial Jurisdiction of Administrative Bodies
Uldrich, Miroslav ; Petrmichl, Václav (advisor) ; Svoboda, Petr (referee)
Territorial Jurisdiction of Administrative Bodies Abstract The aim of the present diploma thesis is to make an interpretation of the existing legislation regulating the territorial jurisdiction of administrative bodies. The interpretation includes an in-depth analysis of the subject matter in question, highlights some minor shortcomings of the existing legislation and outlines the relevant remedial proposals. The present study primarily draws on legal regulations, case law and specialized literature as its main resources. It is divided into five chapters. The first chapter gives a description of territorial jurisdiction development after the emergence of independent Czechoslovakia in 1918, focusing on two fundamental legal regulations: legal regulation in the 1928 Government Decree and legal regulation in the 1967 Rules of Administrative Procedure. The second chapter is devoted to the existing legislation regulating the territorial jurisdiction of administrative bodies. It reviews the theoretical background to the subject-matter as well as territorial jurisdiction of administrative bodies and their functional competence. Common rules of regulation of territorial jurisdiction in the 2004 Rules of Administrative Procedure are discussed, with a special focus placed on the criteria used to define the...
|
|
|
Biuding of legal opinion of an appellate administrative body
Malíčková, Michaela ; Kryska, David (advisor) ; Rajchl, Jiří (referee)
Binding of legal opinion of an appellate administrative body Abstract This thesis concerns quite a narrow subject, the binding of a legal opinion of an appellate administrative body. This principle is enshrined in Section 90 paragraph 2 subsection b) of Administrative Procedure Code, i.e. in a provision concerning a decision of an appellate administrative body. Binding legal opinion is linked with a cassational way of deciding, which indicates a type of decision which resides in sole annulment (revocation) of a challenged administrative decision and returning the case for new consideration. The first chapter maps an evolution of anchoring issued principle in legal regulations of administrative procedure effective in Czech lands. Furthermore, it discusses a binding legal opinion in relation to remedial principles. The thesis highlights the negative tendency of overusing the cassational way of deciding by appellate administrative bodies, on the contrary, it also points out situations that disallow administrative bodies to use it. First chapter also presents some possible characters of issued legal opinions, which mainly means to what exactly is the administrative body that issues the new proceedings. This is connected to possible defects of challenged decision for which they are revoked. Second chapter is...
|
|
|
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...
|
|
|
Remonstrance Proceedings
Adamec, Martin ; Prášková, Helena (advisor) ; Svoboda, Petr (referee)
- Remonstrance Proceedings The thesis is focused on the remonstrance and the following special administrative proceedings. The remosntrance represents an ordinary appeal, which can be used to challenge the first instance decision that has not already become enforceable and has been issued by the central administrative office, by the minister or by the director of other central administrative office eventually by the state secretary. Whereas there is no existence of the superior administrative authoritites in the organizational structure of the state administration, the same body that issued challenged decision decides on it. It is obvious, that appeal procedure contains a lot of variances and peculiarities, which the thesis points out, compared to the appeal procedure. The remostrance is limited to one paragraph and its five sections by the valid and effective legislation of the Administrative Code. The more this relatively brief provision often remains unkonwn to the general public, the more attention it attracts among the experts. The thesis aims to give a comprehensive explanation of the remonstrance and its proceedings and subsequent evaluation of the effectiveness of the applicable legislation and to suggest own creative solution of the examined subject. Further, this thesis aims to answer the...
|
|
|
Protection against unlawful failure to act in public administration
Hansel, Nona ; Mikule, Vladimír (advisor) ; Svoboda, Petr (referee)
A purpose of my thesis was an analysis of problems with legal regulation of protection against unlawful failure to act in public administration. Firstly I described institutes which should prevent illegal inactivity so I focused on regulations of time for taking a decision and other institutes, especially regulation presented by the Administrative Procedure Rules. The regulation in Administrative Procedure Rules caused a lot of questions which are nowadays answered thanks to the Highest Court of Administration and procedure according the Administrative Procedure Rules is connected with protection given by an administrative justice. In this system there is also included regulation of liability for damages caused by unlawful official procedure. The purpose of this institute is not to prevent inactivity but to compensate consequences it caused. The legislature completed this topic with a result that injured party can require (since 2006) compensation for suffering moral damage independently of property damage. We can find some positive elements of recent regulation, such as specific regulation of time for taking a decision, formulation of fundamental principles of action of administrative bodies or possibility to provide compensation of moral damages. But the regulation has imperfections too. Since basic...
|
|
|
Corporate Governance
Fajtl, Pavel ; Pirožek, Petr (advisor) ; Mrkvička, Miloslav (referee)
Main goal of this dissertation is to analyze and evaluate current situation and the level of management and control of ČSAD JIHOTRANS company and to valorize the mutual relationship between administrative authority and executive management in this company. Dissertation is divided into two parts, first is theoretical part, in which will be explained issue of administration and management of company, with the help of literature and relevant legislations and practical part, where outcomes will be applied to selected company. To fulfill the goal of this dissertation was primarily used analysis of economic indicators of the company and interviews with chairman of the company board. In the end theoretical outcomes will be compared with real state, in which the company is and there will be given a solution of potential problems.
|
|
|
Problematic Aspects of the Administrative Sentencing in Proceeding with Proposed Offences
PROCHÁZKOVÁ, Pavla
The diploma paper deals with the offences problems negotiated over a proposal that record features of domestic violence. The theoretical part concentrates on a brief interpretation of the Offence Law, particularly on the dealing with offences process. The research section of the paper contains the analysis proposed offences in municipalities with extended competencies in Liberec district in the period of time of 2009. It has been reflecting administrative bodies actions before the start of offence procedures in particular case and with this connected cases as well. Hereinafter it has been dealing with analyzing to what extent the involved bodies are informed by the administrative bodies about further options helping ``preventing the domestic violence{\crqq}. Furthermore it has been dealing with issues how the administrative bodies proceed in cases when families are having children. The conclusion of the paper is devoted to the accomplishment classification of the research targets. Facts established during the research show the problematic aspects of the administrative sentences in negotiating over proposed offences. The established facts initiate discussion about possible ways how to dealing with such problematic cases.
|
guest ::
