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Objection to the bias of an officials in administrative proceedings
Nováková, Johana ; Svoboda, Petr (advisor) ; Vedral, Josef (referee)
105 Objection to the bias of an officials in administrative proceedings Abstract The subject of this diploma thesis is the analysis of the institute of exclusion from hearing and decision-making in administrative proceedings, which is enshrined in the provisions of § 14 of Act No. 500/2004 Coll. Administrative Procedure Code, including its amendments and the case law of the Supreme Administrative Court and the Constitutional Court. The diploma thesis also focuses on the concept of systematic bias, which is related to this institute. The aim of the diploma thesis is to at least partially map the use of the institute of exclusion from hearing and decision-making in practice, as regulated in the provisions of § 14 of Act No. 500/2004 Coll. Administrative Procedure. The beginning of the diploma thesis is devoted to the current legal regulation of the institute of exclusion from hearing and decision - making in administrative proceedings and the legal basis of the legal regulation of exclusion from hearing and decision - making. The next part of the diploma thesis is devoted to a detailed analysis of the current legal regulation of the institute of exclusion from hearing and decision-making in administrative proceedings, which is enshrined in the provisions of § 14 of Act No. 500/2004 Coll. Administrative...
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Administrative Expulsion Proceedings
Do Thi, Nhung ; Kryska, David (advisor) ; Svoboda, Petr (referee)
1 ADMINISTRATIVE EXPULSION PROCEEDINGS ABSTRACT The diploma thesis entitled as "Administrative expulsion proceedings" deals with the institute of administrative expulsion, especially its procedural side. The thesis aims to define and analyse chosen aspects of administrative expulsion proceedings from their beginning to deciding on remedies against administrative expulsion decisions. Within these, the work focuses mainly on examining the issue of the proportionality of administrative expulsion in relation existing family or private life of the expelled alien. The work is divided into four chapters. The first chapter defines the fundamental terms and clarifies the institute of administrative expulsion. First, the concept of expulsion is generally defined and then, a distinction between administrative expulsion and the penalty of expulsion is made. Furthermore, the term alien is defined because only alien can be subject of expulsion. Last but not least, the first chapter defines the concepts of family and private life, which are dealt with in detail in the third chapter. Finally, the first chapter presents national, EU and international legislation on administrative expulsion and on the fundamental right to respect for family and private life. The second chapter deals with selected aspects of administrative...
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Rozklad jako řádný opravný prostředek ve správním řízení
MĚCHUROVÁ, Karla
The main part of the thesis is devoted to the institute of remediation belonging to remedies with its own specifics. The institute can be defended against the decision of the central administrative authority, the minister or the head of another central administration issued in the first instance. The purpose of this bachelor thesis is to identify the means of disintegration in connection with the remaining remedies and to incorporate it into the process of administrative proceedings not only in the background of the current legal system in force, but also in the context of public administration and changes made as part of territorial reform. The text also includes an analysis of the Office for Personal Data Protection and introduces its current chair. In addition to analyzing valid law, I also present proposals de lege ferenda.
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Privilege against self-incrimination of legal entity in administrative proceedings
Švásta, Pavel ; Prášková, Helena (advisor) ; Průcha, Petr (referee) ; Staša, Josef (referee)
This thesis deals with the topic of privilege against self-incrimination of legal entity in administrative proceedings and in offence proceedings. The following reasons led me to the choice of this topic. First of all, it is a multidisciplinary topic involving criminal law, criminal administrative law, constitutional law, and private law, especially the regulation of legal entities. Furthermore, with the exemption of decision-making praxis of courts, and a few academic essays, attention hasn't been paid to this topic in its complexity. For this reason, this topic has offered novelty and the possibility of observing the progressive development of judicature, especially the decision-making praxis of the Supreme Court of the Czech Republic, the Supreme Administrative Court of the Czech Republic as well as the Constitutional Court of the Czech Republic and the European Court of Human Rights. The first part deals with the historical origins of privilege against self-incrimination and development of the criminal proceedings over the centuries. Special attention is paid to the fact, that privilege against self-incrimination was originally part of criminal proceedings until the 12th century, when this privilege was removed from the canon law and replaced with the inquisitional process which was linked with the...
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Electronic signature in administrative procedure
Jandora, Tomáš ; Handrlica, Jakub (advisor) ; Rajchl, Jiří (referee)
1 Abstract As a topic of the diploma thesis I have chosen the issue of electronic signature in relation to administrative proceedings. The field of electronic communication is incredibly diverse and it is growing very dynamically. For this reason, I found the topic interesting and usable in the future. There have not been many theses on this topic yet, so I did not have to solve the problem that it was not original. I have always had a positive attitude towards digital technology. At the same time, I was fortunate that I could have always been informed about information technologies by someone who was interested in the issue much earlier. No matter whether it was more experienced family member, high school teacher who by far exceeded the capacities of the educational institution, or patient colleague at work. As stated at the beginning, this work could not have been finished without the contribution of my father, who has been involved in the issue of electronic signatures for a long time, and who brought me to the idea of choosing this topic. The aim of this work was to describe possibilities of application of electronic signing in administrative proceedings, or in communication with public authorities. However, a simple description of the legislation, which is presently in practice, would not be...
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Sound and audiovisual recording as means of evidence in administrative proceedings
Jirková, Jana ; Svoboda, Petr (advisor) ; Rajchl, Jiří (referee)
The aim of the thesis is to answer the questions regarding the subjects authorized to take a sound or audiovisual record, and to assess the legality of using such records as evidence in administrative proceedings. The thesis is formally divided into three chapters. The first one addresses the basic concepts emerging throughout the thesis, and the admissibility of other evidence not expressly mentioned by law. The second part of the thesis offers an insight to obtaining of sound and audiovisual records, and their further use as evidence pursuant to the basic human right documents. It describes and analyses the assessment of permissibility of such evidence that is applied by the European Court of Human Rights. The last chapter works with national legislation of both public and private law, and with the case law of domestic courts; from which it infers the subjects authorized to take these records, which may be used as evidence by an administrative authority. Based on the analysis of legislation and case-law, the thesis defines subjects authorized to obtain a sound or audiovisual record, and sets conditions for such obtaining. Simultaneously, it highlights the issues resulting from the current national legislation on obtaining sound or audiovisual records by selected public authorities, mostly...
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Abstract The public administration itself is bound by applicable legal provisions. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strict legal procedure with corresponding legal mechanisms, which aim to remedy the status caused by unlawful action or inaction of the public administration. The object of this dissertation focuses, in particular, on analysis of individual means of protection of rights in public administration (i.e. the issue of the protection of public subjective rights) and their mutual relationships between them at level of legal regulation de lege lata. However, certain space had to be dedicated also to the procedures of public administration in matters related to private subjective rights as even the public administration decides on certain matters of private law. As regards the protection of private rights by public administration I mentioned the dualism of the review of decisions of public bodies and certain examples of public administration deciding on matters of private subjective rights. Further I stressed the issue of civil liability related to the conduct of public administration, i.e. liability for damages caused by unlawful decision and unlawful procedure. Pursuant to the act on liability for...
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Application of administrative proceedings in private and public nursery and primary schools
Lukešová, Iveta ; Kitzberger, Jindřich (advisor) ; Trojan, Václav (referee)
The thesis deals with the issue of administrative law in reflection of the new Education Act and court judgments in recent years, according to which the administrative procedure should apply in all schools and beyond complete list of cases referred to in the Education Act. The topic concerns the implementation of rights of children and students in public and private schools. Diploma thesis brings brief analysis of the development of public administration in education from 1990 to present with a focus on specific role of the school principal in the state administration. The thesis describes problematic areas in headmaster's decision about rights and duties of children and pupils especially in the application of Law no. 89/2012 Coll., the Civil code and the Law no. 258/2000 coll., on protection of public health and amending some related laws as subsequently amended. Diploma thesis provides a summary of the basic principles in the director's decision in state administration and headmaster's insight on the issue of administrative proceedings in nursery and primary schools.
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Administrative Proceedings in the Field of Real Estate Cadastre
Otáhalová, Eva ; Kopecký, Martin (advisor) ; Kryska, David (referee)
Due to great importance of real estate for each single economics the leadership and administration of the Real Estate Cadastre (Cadastre) was entrusted to the state, i. e. to particular government bodies, in the Czech Republic. This public list is so subject to public inspection all the time. Registered and provided details must be of highest quality, proceedings should be as quick as possible and this list should also provide the highest protection of those details. That is why the author decided to pay attention to the role of state in the evidence and dispose of real estate. This thesis focuses so on conclusion and further specification of the most important administrative proceedings in the field of Cadastre. The author wants to clarify their process and focuses mainly on their deviations from Administrative Procedure Code as well as on the changes that the Act Nr. 256/2013 Coll., on the Cadastre of Real Estate (Cadastral Act) has brought till 1. 1. 2014. That is why the author captures more types of proceedings in his thesis which can be encountered on the section of Cadastre to show that there really exist more types of proceedings and otherwise that not all of them can be identified as an administrative proceeding. That is why the thesis includes the comparison of those types of proceedings...
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