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Court fees in the administrative justice system focused on problems in application
Kokešová, Diana ; Mikule, Vladimír (advisor) ; Svoboda, Petr (referee)
The purpose of my thesis is to analyze the current system of court fees in regards to administrative justice. The goal of this work is to find difficulties that occur within its application and to provide an easy well-arranged outlook on answers to these difficulties. The inspiration for the nature of this analysis is the fact that no such work has been focused on these issues and the application methods. My thesis itself is composed of six separate chapters with each chapter corresponding to an ideal or aspect of administrative justice. The first chapter is wholly introductory in nature, while the second chapter covers basic terminology associated with this process. While the third chapter deals with the historical elements and evolutionary process of the system of court fees in administrative justice. Composing the main body of my thesis or fourth chapter in this selection, is my analysis of the current legal system of court fees in administrative justice and the main difficulties associated within its application. Chapter five consists predominantly of my personal reflections and my notions as to how the system may be improved. In the final chapter six, I formulate my conclusions as to the purpose of analyzing the current system of court fees in administrative justice. Thru outlining this...
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The Development Aspects of the Interrelationship between the Jurisdiction and State Administration in Czechoslovakia (1918 - 1938) with regard to the development of german administrative justice
Bláhová, Ivana ; Kuklík, Jan (advisor) ; Soukup, Ladislav (referee)
v anglickém jazyce The aim of this thesis named Development aspects of the relationship between judicial system and administrative structure in Czechoslovakia (1918-1938) considering the development of the German administrative justice is to analyse the basic development aspects of the relationship between executive and judicial power in Czechoslovakia. The capstones of the thesis are particularly state administration of the courts, territorial scope and administrative justice. Moreover, a comparative part describing the administrative justice and the gradual elimination of the separation of powers in Germany in the thirties was added. The thesis is composed of five chapters. The first one introduces the matter. The second chapter defines the essential terms like separation of powers, executive and judicial power, state and public administration, judicial system, as well as state administration of the courts, territorial scope and administrative justice. The third chapter deals with the history of the relationship between administration and judicial system in Austria and Austro-Hungarian Empire in the second half of the 19th century. The following, most important chapter describes the constitutional development after the establishment of Czechoslovakia in 1918. The fourth chapter is divided into...
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Action for protection against unlawful interference
Fencáková, Silvia ; Rajchl, Jiří (advisor) ; Balounová, Jana (referee)
Action for protection against unlawful interference Abstract This thesis deals with the topic of protection against unlawful interference, instruction or coercion of an administrative authority pursuant to Section 85 et seq. of Act No. 150/2002 Coll., Administrative Procedure Code. The first chapter defines the key elements of a factual intervention as one of the forms of public administration activities, doing so primarily by theoretical comparison with an administrative decision. The chosen approach is primarily guided by the negative definition of factual intervention by an administrative authority contained in Section 85 of the Administrative Procedure Code, which contraposes it with an administrative decision. The first chapter also includes an in-depth analysis of three model examples representing atypical forms of public administration activity, against which, based on the conclusions of court practice, an action for interference may be brought. The second chapter discusses the position of an action for interference within the three basic types of administrative actions, and its relationship to an action against a decision and an action against the inaction of an administrative authority. It also does so on the basis of an analysis of the judicial interpretation of the concept of an administrative...
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Judicial review of unlawful interference in public administration
Trejbalová, Karolína ; Pomahač, Richard (advisor) ; Pítrová, Lenka (referee)
Judicial review of unlawful interference in public administration Abstract The thesis aims at complex description of the judicial review of unlawful interference in public administration within the system of Czech administrative justice. The thesis is divided into three main parts, each of them is further divided into other chapters. The judicial review of unlawful interference is special type of action in Czech administrative justice. The thesis firstly describes what kind of activity of administrative body can be considered as unlawful interference and provides concrete examples formulated by The Supreme Court of Administrative Justice. The thesis also deals with unlawful interferences in tax search and their specifics as well as unlawful interference of security forces. The thesis also shows what can't be considered as an unlawful interference. Next, there is a short description of history of judicial review of the unlawful interference. The second part deals with the process of judicial review, jurisdiction of court, requirements of the action and its acceptability. The thesis is systematically structured based on Administrative Justice Procedure Act. The thesis describes differences between two types of action against unlawful interference. Thesis also provides information about differences between...
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Public remedies of defense in tender procedure focusing on review in administrative procedure
Ošlejšková, Michala ; Vedral, Josef (referee)
Title: Public remedies of defense in tender procedure focusing on review in administrative procedure Abstract: I have chosen the topic related to the public procurement law for my rigorous thesis. With regard to the fact that the issue is really extensive, I decided to focus just only on the specific area which is the control mechanisms of public procurements. Thus, the name of the thesis is derived from this issue and it is as follows: "Public remedies of defense in tender procedure focusing on review in administrative procedure". The main purpose of the thesis was a systematic analysis of public remedies of defense of suppliers against illegal procedure of contracting authorities in respect of the relevant practice of the Office for the Protection of competition and administrative courts and then the review of their effectiveness. The research question, which is derived from the main goal of the thesis, represents the introduction into the writing and it is defined as follows: "Are the remedies of defense of suppliers against the illegal procedure of contracting authorities sufficient and effective?" The first part of the thesis is dedicated to the sources of public procurement law and to the interpretation of some principles of public procurement review. The next, crucial part of the thesis is already...
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Proceeding of Action against Decision of Administrative Authority
Kozelka, Pavel ; Prášková, Helena (advisor) ; Mates, Pavel (referee) ; Staša, Josef (referee)
Proceeding of Action against Decision of Administrative Authority Abstract The subject-matter of this dissertation thesis is the analysis of the legislation providing protection to public subjective rights in proceeding of action against the decision of an administrative body defined in Code of Administrative Justice, and assessment as to whether the protection provided to public subjective rights by the legislation is sufficient, including certain recommendations of possible changes. The basic method applied consists of the logical methods in combination with the normative approach, involving a detailed analysis and synthesis of the existing legislation and empirical examination of the offered protection in the problem areas on the basis of past judicial proceedings and also comparison of the discussed concepts with foreign legal regulations. The first model was the "traditional" German administrative justice legislation, which is the legislator's usual source of inspiration. In relation to this issue, one must not also disregard the newly adopted legislation on administrative justice in Slovakia. Even though stemming from the historical roots of the judiciary of the First Czechoslovak Republic, the Slovak approach to a number of concepts is different. The administrative justice system by far exceeds the...
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Administrative Justice in the CSR in the Years 1918 - 1938 within European context
Vetešník, Pavel ; Kindl, Vladimír (advisor) ; Gábriš, Tomáš (referee) ; Kopecký, Martin (referee)
Administrative Justice in the CSR in the Years 1918 - 1938 within European context. For my thesis I chose as a topic 'Administrative Justice in the CSR in the Years 1918 - 1938 within European Context', as administrative justice including the protection against illegal interventions of executive power is topical for any democratic state at any time. The purpose of administrative justice is reviewing administrative acts of public administration namely by independent courts. I decided to target my thesis on the period of so-called first republic thus on the period from 28 October 1918 i.e. from establishing the independent Czechoslovak state to 30 September 1938, i.e. the signing of the Munich agreement. After establishing the independent Czechoslovak state The Act on the Supreme Administrative Court and on Solving Competence Litigations was one of the first acts passed by the National Czechoslovak Committee. This year i.e. in 2018 it has been 100 years since constituting administrative justice in the Czechoslovak Republic. However, when the Czechoslovak Republic came into being administrative justice was not formed from scratch, but by the above mentioned Act on Administrative Justice and Solving Competence Litigations Austrian administrative justice was adopted. During the first republic, however,...
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Review of secondary legislation before the administrative courts
Wagner, Martin ; Sládeček, Vladimír (advisor) ; Rychlý, Tomáš (referee)
The relationship between constitutional and administrative justice might be defined as very close. In many fields of their jurisdiction, including the judicial review of legal regulations, there is no strict line of demarcation. Contrary to the control of constitutionality of laws that unambiguously belongs to constitutional courts, the judicial review of legal regulations other than laws (secondary legislation) may be under certain circumstances performed also by administrative justice. Pursuant to the Article 87, paragraph 3, letter. a) of the Constitution of the Czech Republic, a law may stipulate that in respect of repeal of legal regulations, which are in violation of the law, rulings shall be issued by the Supreme Administrative Court in place of the Constitutional Court. Notwithstanding the foregoing, such constitutional delegation has not been applied till now and mentioned review of secondary legislation still belongs to constitutional justice. The major objective of this study is to analyse specifics, advantages and imperfections of secondary legislation review performed by administrative courts. In the first part, the thesis focuses on historical development of models of administrative justice (with special attention to judicial review of legal regulations) and also mentions related...
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Summary The public administration itself is bound by applicable laws rules. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strictly legal procedure with corresponding legal mechanisms, which aim to remedy of status cause by unlawfull action or inaction of the public administration. Moreover, if conditions laid down by European Convention on the Protection of Human Rights and Fundamental Freedoms are met, an individual has a right to apply to the European Court of Human Rights (Strasbourg) for a revision of a challenged act of public administration, which is considered to be as a final and conclusive from the point of view of national law. The object of this Thesis focuses, in particular, on analysis of individual means of protection of rights in public administration and their mutual relationships between them at level of legal regulation de lege ferenda. Also, it cannot be disregarded the assessment of effect of courts' decisions or doctrine, including stating own knowledge based on the practice particularly in the area of administrative law. The Thesis focuses on the issue of the protection of individual public rights. As a consequence, legal means designed to provide protection of law in objective sense (that is...
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The Role of the Courts of Administrative Justice at the Process of the Unification of the Legal Norm Interpretation of Public Law
Venclová, Petra ; Mikule, Leoš (advisor) ; Sládeček, Vladimír (referee) ; Skulová, Soňa (referee)
Charles University in Prague Faculty of law Abstract of the dissertation The title of the dissertation: The Role of the Courts of Administrative Justice at the Process of the Unification of the Legal Norm Interpretation of Public Law Supervisor: Doc. JUDr. Vladimír Mikule Author: JUDr. Petra Venclová Prague, March 2012 This dissertation deals with the role of the courts of administrative justice at the process of the unification of the legal norm interpretation in the field of public law. Ambition of this dissertation first lies in the function and meaning of administrative justice in relation of the legal norm interpretation on the level of interpretation practice of administrative body, second in capturing the process of unification of judicial activities of administrative courts in formal position as instrumental presumption for full development of material conception which has axiological content and might offer the answer to the question of legal- philosophical direction of administrative judiciary. This work is divided into three chapters on the basic level. The first chapter explains dualism in law within the meaning of dichotomy between private and public law. The administrative law as a part of public law is defined in the relationship to the private law through the different methods and aims of...
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