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Decision, intervention and inaction of an administrative authority and choice of a type of action
Otta, Šimon ; Vedral, Josef (advisor) ; Staša, Josef (referee)
Decision, intervention and inaction of an administrative authority and choice of a type of action The topic of the thesis is the analysis of the basic triad of types of actions applied in administrative judiciary, i.e. action against the decision, intervention and inaction of the administrative authority, as well as their blurred boundaries and the problems arising therefrom. The aim of the thesis is to present the given matters comprehensively, therefore it discusses not only the types of actions themselves, but also the administrative judiciary as such, the basic terms distinguishing the individual types of actions and an attempt to present possible solutions eliminating the problems arising from the necessity of choosing the type of action. The thesis consists of an introduction, three chapters and a conclusion. The first chapter is devoted to administrative judiciary and is further divided into six subchapters. The first subchapter is devoted to the basic types of administrative judiciary, on the basis of which the term of administrative judiciary itself is defined in the following text of this subchapter, which is followed by an introduction of the purpose of administrative judiciary in the third subchapter. The fourth subchapter is then devoted to the history of administrative judiciary and...
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Administrative Justice in Hungary
Balogh, Edina ; Pítrová, Lenka (advisor) ; Pomahač, Richard (referee)
Administrative judiciary in Hungary Abstract The purpose of this thesis is to give a comprehensive picture of the institute of administrative judiciary in Hungary mainly by using the comparative method. Its aim is therefore to show the similarities and the differences between the Czech and Hungarian administrative judiciary, while also comparing the two legislations to the European standards of the Rule of Law principle. The Rule of Law principle is then used as defined by the European Commission for Democracy through Law, better known as the Venice Commission. Chapter one dives directly into an analysis of the Rule of law principle and its importance in the context of administrative judiciary. Furthermore, this chapter will also provide a short description of the traditional models of administrative judiciary. The purpose of chapter two is to give its reader a brief introduction of the evolution of administrative judiciary in Hungary from the late 19th century to today's legislation, while also mentioning the upcoming changes and their foreseeable impacts. Chapter three then provides a full description of the organisation of Hungarian administrative courts, while also mentioning the upcoming changes brought by the judicial reform in the country. The comparison of power and court jurisdiction in both...
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Current issues of judicial proceedings in cases of international protection
Křižáková, Markéta ; Kryska, David (advisor) ; Rajchl, Jiří (referee)
The aim of the diploma thesis "Current issues of judicial proceedings in cases of international protection" is the evaluation whether the amendment of Asylum Act sufficiently fulfils requirements of the procedural Directive 2013/32/EU regarding the right to effective remedy. Namely these requirements are full and ex nunc examination of both fact and points of law that composes large part of this thesis, suspensive effect and time limits. In order to reach the goal of this thesis several questions are given which one of them relates to the right to effective remedy in international, European and national law. Hence the chapter two deals with the right to effective remedy in European Convention on Human Rights, Convention against Torture and International Covenant of Civil and Political Rights same as in EU Charter of Fundamental Rights and Charter of Fundamental Rights and Freedoms of the Czech Republic. Afterwards the thesis presents the main principles of administrative judiciary such as cassation principle and principle ex tunc and specifics of judicial proceedings in cases of international protection. Crucial part of the thesis is the chapter four that analyses above mentioned requirements of procedural Directive 2013/32/EU and transposition of these requirements by the amendment of Asylum Act....
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Comparison of Czech and Polish administrative Judiciary
Kryska, David ; Mikule, Leoš (advisor) ; Sládeček, Vladimír (referee) ; Filip, Jan (referee)
1 Abstract The aim of this thesis is to explore the institute of administrative judiciary in the Czech Republic and the Republic of Poland using the comparative method. Its purpose lies in proving traditional similarity of administrative judiciary in both countries which potentially allows mutual influencing in different areas of legislation, application of law and jurisprudence. The work is divided into nine parts. In Chapter 1 of this thesis the author focuses on defining the concept of administrative judiciary, how it is comprehended in both analysed countries, its purpose and function. In this part administrative judiciary is distinguished from other forms of judicial reviews of public administration and it is outlined here which of these forms cannot be considered as a part of administrative judiciary. Administrative judiciary is formally characterized as judicial procedure (in technical meaning) whose purpose lies in the control over public administration and protection of civil rights. In Chapter 2 the author describes the development of administrative judiciary in both countries. A special significance in this matter is given to the Austrian tradition of administrative judiciary that was adapted by Czechoslovakia and Poland when both sovereign states came into existence on the territory of the...
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