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The Principle of Subsidiarity of the Administrative Procedure Code
Jemelka, Luboš ; Mikule, Leoš (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
Jemelka, L. The Principle of Subsidiarity of the Administrative Procedure Code, dissertation. Prague: Charles University in Prague, Law Faculty, 2012 In this dissertation I address the principle of subsidiarity of the Administrative Procedure Code, in particular I address the issue of current, previous and future application of the general rules of administrative proceedings in certain administrative proceedings and other procedures of the administrative bodies. This topic, which is close to my profession, is seen from the practical as well as from the theoretical point of view. The Czech administrative proceedings are analysed in both aspects de lege lata and de lege ferenda. In introduction of this dissertation I describe basic terms relevant for definition of the mutual relation between legal acts. I emphasize mainly the possible meaning of the term subsidiarity and particularly its meaning expressed by the rule lex specialis derogat legi generali. I also address other terms such as reference, analogy ect. Assessment of the application and subsidiarity of the Administrative Procedure Code is not limited to the current legal framework, but covers also applicability of the principle of subsudiarity of the Administrative Procedure Code in the past. It is necessary discuss the previous legal...
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Principles of administrative proceedings
Mach, Šimon ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
Abstract- Principles of administrative procedure The diploma thesis deals with the analysis of principles of administrative proceedings. The aim of the thesis is a detailed analysis of individual principles of administrative proceedings, which form the basic model of all administrative proceedings. In the first chapter I use the historically comparative method to analyze origins of the individual principles and transformations of these principles which occured as part of the development of a codified regulations of the administrative procedure. The main part of the thesis is the analysis of the individual principles, for which the analysis of the sources of these normatives is neccessary, which is the content of the chapter of the second chapter. In the scope of the analysis of the sources of principles, I deal with the national and international levels. The chapter is divided according to the traditionally recognized hierarchy of legal norms and its first subchapter is therefore devoted to the principles contained in the constitutional order. The second subchapter deals with the principles of international law, focusing on both binding international documents and non-binding soft-law documents. The first part of this chapter is devoted to the principles resulting from the publications of the Council of...
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Procedure of application for a planning permission
Stonišová, Tereza ; Svoboda, Petr (advisor) ; Vedral, Josef (referee)
Diploma thesis "Planning Permission Procedure" deals with one of the key sectors of special public law, the valid legal regulation of planning permission procedure, a part of the legal regulation of building law. Planning permission procedure is a special type of administrative procedure and can be possibly seen as a main connection between zoning and building permission. A planning permission can result in most influential and interventional changes in the territory. During this proceedings, personal and public interests usually clash. The thesis analyses decisions of the Supreme Administrative Court, a court with key impact on some parts of the planning permission procedure. These decisions include both older key decisions as well as new ones, like the one dealing with Planning Consent. The thesis focuses on different types of planning permission procedure in order to facilitate orientation in this complex topic; it analyses various forms of permissions such as Planning Consent or Public Contract. The work has an ambition to put the terms of planning permission proceeding into historical context. For that purpose, I included the chapter on the history of building law in the historical territory of Czechia. The aim of this diploma thesis is to present current planning permission proceedings and...
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Principles of administrative proceedings
Mach, Šimon ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
Abstract- Principles of administrative procedure The diploma thesis deals with the analysis of principles of administrative proceedings. The aim of the thesis is a detailed analysis of individual principles of administrative proceedings, which form the basic model of all administrative proceedings. In the first chapter I use the historically comparative method to analyze origins of the individual principles and transformations of these principles which occured as part of the development of a codified regulations of the administrative procedure. The main part of the thesis is the analysis of the individual principles, for which the analysis of the sources of these normatives is neccessary, which is the content of the chapter of the second chapter. In the scope of the analysis of the sources of principles, I deal with the national and international levels. The chapter is divided according to the traditionally recognized hierarchy of legal norms and its first subchapter is therefore devoted to the principles contained in the constitutional order. The second subchapter deals with the principles of international law, focusing on both binding international documents and non-binding soft-law documents. The first part of this chapter is devoted to the principles resulting from the publications of the Council of...
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The meaning of the process of the Environmental Impact Assessment (EIA) in the environment regarding Rules of Administrative Procedure
Krystová, Karolína ; Humlíčková, Petra (advisor) ; Sobotka, Michal (referee)
The process of the environmental impact assessment is an important means of the preventive protection of environmental law. This process can be seen from two plains that are represented by the distinct means of legislation relating to the environmental impact assessment. The first plain is a strategic environmental assessment (SEA), the subject of which is constituted by the assessed documents, plans and other conceptual tools. The second plain is an assessment of projects (EIA), the subject of which are already particular plans of buildings, technology and other projects with a significant impact on the environment. The purpose of this thesis is both general and individual confrontation of peculiar process of assessment of projects with the rules of administrative procedure to determine whether it is possible to submit the EIA to the administrative proceedings, or at least certain provisions of the rules of administrative procedure. As an administrative process that is managed by public administration authority, is EIA process subjected to the legal provisions regulating the activities of public administration at the same time. The rules of administrative procedure is the basic legislation governing the administrative procedural law. This thesis deals with a relationship between the process of...
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The Principle of Subsidiarity of the Administrative Procedure Code
Jemelka, Luboš ; Mikule, Leoš (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
Jemelka, L. The Principle of Subsidiarity of the Administrative Procedure Code, dissertation. Prague: Charles University in Prague, Law Faculty, 2012 In this dissertation I address the principle of subsidiarity of the Administrative Procedure Code, in particular I address the issue of current, previous and future application of the general rules of administrative proceedings in certain administrative proceedings and other procedures of the administrative bodies. This topic, which is close to my profession, is seen from the practical as well as from the theoretical point of view. The Czech administrative proceedings are analysed in both aspects de lege lata and de lege ferenda. In introduction of this dissertation I describe basic terms relevant for definition of the mutual relation between legal acts. I emphasize mainly the possible meaning of the term subsidiarity and particularly its meaning expressed by the rule lex specialis derogat legi generali. I also address other terms such as reference, analogy ect. Assessment of the application and subsidiarity of the Administrative Procedure Code is not limited to the current legal framework, but covers also applicability of the principle of subsudiarity of the Administrative Procedure Code in the past. It is necessary discuss the previous legal...
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Basic procedural rights of parties to administrative procedure
Moravec, Ondřej ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
This diploma thesis deals with basic procedural rights of parties to administrative procedure. The aim of the thesis is to analyze and evaluate their current legal regulation particularly contained in the Act No. 500/2004 Coll., administrative code, as amended. The thesis is divided into an introductory chapter, five chapters and a conclusion. The aim of the introductory chapter is to introduce a reader to the issue of fair trial and basic procedural rights of parties to Czech administrative procedure. The first chapter deals with definiton of basic terms related to administrative procedure. The second chapter focuses on more detailed explanation of participation of parties to administrative procedure. The aim of the third chapter is to summarize different approaches towards the concept of fair trial and to bring a list of analyzed basic procedural rights of parties to administrative procedure. The fourth chapter deals individually with each of the fourteen analyzed basic procedural rights. The fifth chapter concentrates on the application of basic procedural rights incorporated in administrative code to special administrative proceedings, which is demonstrated on the case of two proceedings regulated by the Act No. 111/1998 Coll., as amended. The conclusion evaluates the statutory regulation of...
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Dealing with presentment in practice of choosen KHS Czech Republic and the issue of extraordinary events related to the methanol scandal.
LEŠTINOVÁ, Jana
In my master thesis, I have been mapping the work of regional hygiene stationswhile solving problems and providing services during exceptional situations in the methanol cause. For the practical part, I have decided to use the combination of the quantitative and the qualitative type of research. To gather the data, I have created a questionnaire that was composed of five open-ended questions. I have used an electronic way of distributing the questionnaire to all of the 14 regional hygiene stations of the Czech Republic. Unfortunately, there were only three hygiene stations that provided the needed data. The three participating hygiene stations were: KHS of South Bohemia region residing in ČeskéBudějovice, KHS of Vysočina region residing in Jihlava, and KHS of West Bohemia region residing in Plzeň. The secondary analysis of data was used to analyze and evaluate the given answers. For the needs of questionnaire examination, there has been created another questionnaire. It was composed of 14 closed questions that were mainly related to the knowledge and attitude of respondents to the given topic. All of the 206 respondents were residents of South Bohemia region. The questionnaire was posted on several internet web pages, and the research took place from March 2014 to July 2014. I have set several goals of the research. The first goal was to discover the number of incentives to be solved that were accepted by the three participating hygiene stations between the years 2008 and 2013. During the past six years, KHS of South Bohemia region, KHS ofVysočina region, and KHS of West Bohemia region experienced the growing trend in the number of incentives accepted. The lowest number of incentives accepted in KHS of South Bohemia region was in 2009, in KHS of Vysočina region in 2009 and 2010, and in KHS of West Bohemia in 2011. On the other hand, the highest number of incentives was experienced by all hygiene stations during the year 2013, and the number was significantly higher than in previous years. Another goal was to discover the number of alcohol accepted by KHS of South Bohemia during the methanol cause, the number of alcohol tested, and also the proportion of harmful alcohol that contained either methanol of isopropanol. In the South Bohemia region, there were 670 samples being tested during December 2012. Out of the 670 samples, there were 16 harmful samples, as 11 of them got over the technological limit of isopropanol contained, and 5 of methanol contained. Part of the master thesis was also to map the awareness of South Bohemia region residents of the methanol cause, and tolearn about their estimation on being able to recognize harmful alcohol by themselves without having it tested. The results have shown that 206 people which is equal to 100% of respondents were aware of methanol cause, and that they had at least basic information about it. 45 (22 %) respondents believed that they were able to recognize harmful alcohol by themselves, and 53 (26 %) respondents did not know about the possibility of having the alcohol tested by the hygiene stations. Out of all 153 well-informed respondents, only 3 (2 %) had their alcohol tested. The last goal of my master thesis was to discover the residents' opinion on hygiene stations. Concretely, I wanted to determine whether respondents would use a guide on how to report a complaint or an incentive. 100 % (206) of respondents have agreed on the fact that it would be useful if such a guide would be present on the web pages of each hygiene station. The research has also shown that 203 (99 %) respondents have answered that they assume that state administration bodies should be more helpful when giving information.Only 3 (1 %)respondents answered that the attitude of state administration is good enough.
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