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Dispute over the appointment of Jan Lipavský as Minister of Foreign Affairs
Viktorinová, Anna ; Mlejnek, Josef (advisor) ; Brunclík, Miloš (referee)
The Bachelor thesis focuses on the dispute over the appointment of Jan Lipavský as Minister of Foreign Affairs of the Czech Republic between the President Miloš Zeman and the designated Prime Minister Petr Fiala in December 2021. This case is put into a context of similar previous events during the presidency of Václav Havel and Václav Klaus. The aim of this thesis is to examine the argumentation behind Zeman's previous rejections or objections to the nominated ministers. Also, it is focused on describing the main types of argumentations and the way in which the last case of rejection of the Czech Pirate Party nominee Lipavský responds to them. It is through both broader and narrower contexts that this thesis explores Zeman's justification for the refusal of this candidate. The research shows that Zeman's reasoning in this case mostly corresponds to the main types of his previous argumentations. This thesis also deals in detail with the process leading to the appointment of Jan Lipavský and the government of Petr Fiala. It includes both the professional political-science and constitutional-legal discussion, as well as the public discussion which arose from Zeman's refusal to appoint Lipavský and mostly disagreed with his move. Keywords President, Miloš Zeman, presidential powers, Prime Minister,...
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Commencement of employment
Širmerová, Denisa ; Štangová, Věra (advisor) ; Tomšej, Jakub (referee)
The Doctoral thesis deals with a legal regulation of employment relationship establishment. The goal of this thesis is not only to legally analyse the institute of employment relationship establishment using the case law of the Supreme or Constitutional Courts, but also to point out application issues and formulate ideas de lege ferenda in the conclusion. The initial chapter describes concepts and origins of the labour law (both national, and of the EU), and collective agreements and intra-corporate normative acts. The chapter also deals in detail with basic principles of labour-law relationships. After the historical development of the labour law, there is a chapter, in which the author, with regard to the principle of subsidiarity of the Civil Code to the Labour Code, deals with the relationship of the Labour Code to the Civil Code, basic principles of the civil law, the principle of delegation and subsidiarity in labour-law relationships and selected institutes of the civil law, closely related not only with the labour law, but especially with the legal regulation of employment relationship establishment. Considering that an employment relationship can only be conducted in a basic labour-law relationship (unless otherwise stated by special regulations), the author describes legal regulation of...
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Emloyment by Appointment
Jiříčková, Erika ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
Thesis title: Employment by Appointment This thesis deals with Employment by Appointment. Employment by Appointment is atypical unilateral legal act, that is specified by the Labour Code as one of the two ways of establishing employment in Czech law system. The aim of this thesis is to describe and analyse the above listed problem, evaluate its importance for current labour relations, highlight some problems in its application and finally to bring up some considerations de lege ferenda. This thesis is divided into six chapters. The first chapter describes the charter and usage of the Employment by Appointment legal institute in Czech law. The second chapter delves deeper into the evolution and development of Czech labour law, with the focus on the history of the Employment by Appointment legislation. In the third chapter I have looked into the establishment of employment, its essential elements as subject, object and content, with a more detailed analysis of staff manager legislation. The fourth chapter explains the content and formal requirements of Employment by Appointment, the possibilities to establish the fixed-term or indefinitive employment and the managers contract. Here I also describe the relation between this institute and employment based on contract. In the fifth chapter I take a...
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