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The Institution of Complaint According to the Administrative Procedure Code
Adamec, Martin ; Prášková, Helena (advisor) ; Rajchl, Jiří (referee)
- The Institution of Complaint According to the Administrative Procedure Code The subject of this rigorous thesis is a special type of complaint, which is a complaint about certain kind of behavior or procedure in public administration. Author of this thesis generally defines the complaint as an individual submission of the complainant intended to achieve a correction of the perceived drawbacks. The element of the individuality differs this type of submission from petitions, for which the shared interest is characteristic. Unlike the petition law the legal regulation of the complaints is very problematic and fragmented. It happens to be a remnant of for a long time unsolved situation, where the complaints were regulated by a controversial governmental decree from 1958, which was issued by unauthorized government and which was intended as provisional only. Despite the subsequent polemics regarding its validity and binding effect was this decree abolished as of 1 January 2006 relatively without any substitute. Until that time the complaints were regulated in a plenty of special acts, but the general regulation was missing. The change was supposed to be brought by the current Administrative Procedure Code, which original government proposal lacked the regulation of the complaints, but in the end it...
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A Comparison of the Ombudsman Institute in Northern Europe and the Public Defender of Rights in the Czech Republic
Kostelecká, Karolína ; Matula, Miloš (advisor) ; Pěkná, Jitka (referee)
This diploma thesis creates a general model of the Ombudsman Institution in Northern Europe and draws a comparison to the Public Defender of Rights in the Czech Republic. This thesis introduces a theoretical framework of this topic including definitions for control of public administration, ombudsman, classification of ombudsmen and historical evolution of this institution in selected countries. Based on the analysis of legislation in Sweden, Finland and Denmark, the general model of the ombudsman institution in Northern Europe is created. The comparison between this general model and the Public Defender of Rights Institution brings recommendations for Czech modifications. These recommendations include anchoring ombudsman institution in the Constitution of the Czech Republic, specifying education requirements of the ombudsman in the Public Defender of Rights Act, or increasing the number of ombudsmen, thereby dividing responsibility among several people specialized in certain areas.
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The public advocate
Mikanová, Markéta ; Matula, Miloš (advisor) ; Kuba, Jaroslav (referee)
Nowadays the office of the ombudsman is considered as one of the main institutions, which should not lack in any democratic country. The actual ombudsman of Czech republic Mgr. Anna Šabatová Ph.D. solves many causes, of which some are mentioned in this thesis. Public advocate is expected to be independent and available for people to advise them in case of negotiation with institutions, that are in his or her competence. By constitution of law no. 349/1999 Sb. the institution of ombudsman was anchored in Czech republic. The objective of my thesis is to explain the evolution of ombudsman from the moment of the constitution of the law, till present, to analyze the law itself and to focus on the office of the public advocate. Further, I compare the institution of ombudsman with other countries and define recommendations for adjustment of law about the public advocate in Czech republic. First of all I recommend to install specialized ombudsman for different areas, set up requirements of education of public advocate and a possibility to appeal him or her in case of long-term disease, which hinders him or her to perform.
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