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Late transposition phenomenon in the Czech Republic
Říha, Michal ; Pítrová, Lenka (advisor) ; Svobodová, Magdaléna (referee) ; Plaňavová-Latanowicz, Jana (referee)
LATE TRANSPOSITION PHENOMENON IN THE CZECH REPUBLIC The implementation of European law is a necessary precondition for the functionality of European integration. However, while the Union institutions carry out the legislative work, the implementation of European law is a task for the Member States. They must adapt their legal systems accordingly and enforce EU rules effectively. In the case of directives, the basic condition for their effectiveness is transposition into national law, which usually requires to propose a new act of Parliament. The Czech Republic has long been one of the countries with a high proportion of late transposition of EU directives. Despite the generally accepted claim that the culprit of these transposition failures lays in the Czech Parliament, research refutes such views. Although the Chamber of Deputies is relatively autonomous from the Government, its deliberations are lengthy, and the Chamber of Deputies' Rules of Procedures offers only a limited range of instruments to guide parliamentary deliberations, transposition delays occur already at the executive level. This is even though the Czech Republic has a series of robust measures to improve the planning of implementation works, but these are not enforced in practice. Presented research is based on data on the legislative...
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History and present of the legislative process in the Czech Republic and the Federal Republic of Germany
ŠTIKOVÁ, Linda
This bachelor thesis focuses on the issue of the legislature as an integral part of any rule of law. Specifically, the thesis focuses on the creation of primary (statutory) regulations and secondary (sub-statutory) regulations in a comparative perspective of the Czech Republic and the Federal Republic of Germany. The historical context of lawmaking during the existence of a pluralistic political system, which to some extent inspired the current legislation, is also briefly outlined. The question of the effectiveness of the lawmaking procedure in terms of public knowledge is also key, since it is the transparency of legislation that plays a significant role in the everyday life of citizens.
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Building Act: public interest or public conflict? The process of creation of the Building Act from the perspective of key stakeholders with focus on care for public interests
Voldřichová, Magdaléna ; Rynda, Ivan (advisor) ; Špecián, Petr (referee)
This diploma thesis deals with the process of preparation of the new Building Act, with regard to negotiation and balancing of public interests, specifically on the protection of nature, landscape, environment and cultural values. The thesis examines both the legislative process of adopting a law and the representation of the specified public interests in it. At the same time, the thesis reflects the outcome of the procedure, respectively whether and how the protection of the above-mentioned public interests will be treated in Act No. 283/2021 Sb. The research is conceived as an explanatory case study aiming not only to understand the phenomenon, but also to thematize the relationships of the involved stakeholders. The key sources of data for the research were written materials and expert interviews. The main finding is that the legislative procedure was legal and in accordance with procedural requirements, despite not fully standard. The legislation is also legitimate, adopted by legitimate political representation with eligible expert backing, and there are mechanisms for the protection of the selected public interests included. Key words: building act, legislation, legislative process, public interests, conflict of interests, decision-making process
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Deficits of contemporary law-making in Czech Republic
Crha, Miroslav ; Wintr, Jan (referee)
The deficits of conteporary law-making in the Czech Republic Keywords: legislative process, Parliament, legisprudence Abstract: The thesis concerns contemporary law-making process in the Czech Republic in an effort to identify its weak spots, which can lead to low-quality laws being created and passed. Rating the quality of legislative process is considered by the author to be impossible without a proper philosophical and theoretical basis. Such basis is found in the theory of legisprudence, which was conceived by L. Wintgens. Legisprudence is a theory of rational law-making and it presents itself as an alternative to mainstream jurisprudence that is focused mainly on interpreting law. In accordance with legisprudence, the legitimacy of law is dependent on bringing positive outcomes compared to a situation of absence of law. Philosophically, legisprudence is based on social contract as a mandate for the lawmaker to pass laws that only minimally encroach on freedoms. Principles of legisprudence and the requirements on lawmakers that it formulates, are applied on specific parts of the law-making process in Czech Republic. Specifically, administrative procedure of legislative drafting, legislative technique, explanatory memoranda, regulatory impact assessment, and parliamentary procedure are examined. These...
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Legislative process in public administration
Sedláčková, Pavlína ; Pomahač, Richard (advisor) ; Pítrová, Lenka (referee)
Legislative process in public administration Abstract This diploma thesis addresses the legislative process in public administration. The aim was to approach the procedure for the adoption of legislation by the government and to describe the legislative activity of the authors of this legislation, which are the already mentioned ministries and other administrative authorities. The activities of territorial self-governing units and their procedure for adopting generally binding decrees and regulations of the municipality/region were also described in passing. The thesis reflects the important case law of the Constitutional Court specifying both the requirements for issuing by-laws based on individual types of authorization provided by the Constitution of the Czech Republic and in terms of the binding nature of the Government Legislative Rules in the form of government resolutions. The thesis deals with the issue of mandatory requirements of the legislative acts, without which they should not be discussed by the government, as well as the position and role of the Legislative Council, which is only an advisory body to the government irreplaceable. The issue of law-making has proved to be neither the electronic collection of laws and international treaties (eSbirka), where the paper Collection of Laws, nor the...
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Does RIA Really Evaluate Regulatory Impact? The Case of the Czech Republic
Jára, Karel ; Schwarz, Jiří (advisor) ; Cahlík, Tomáš (referee)
Regulatory Impact Assessment/Analysis (RIA) has become a hot topic in the world politics as well as economic research in the last 20 years. Its basic definition as a tool to improve regulatory quality using cost-benefit analysis is viable only in the case when it is properly implemented for all potential sources of regulation, one of which is parliament with its amendments to bills. After summing up basic information about RIA and its history and surveying relevant literature on RIA, this thesis performs a pioneer analysis of the changes in regulatory impact of laws caused by parliamentary amendments. A sample of all laws passed in the Czech Republic in 2010 is studied. The passed amendments to these laws are analysed and it is found that only 3 out of 20 bills with RIA had amendments which made no changes in regulatory impacts of the bill. This supports the conclusion that the RIA implementation should take these amendments into account. Another finding is that circumventing of the RIA system occurs also in the case of non-governmental bills, which are not subject to RIA in the Czech Republic, as 18 of 32 bills without RIA did not have it due to their non-governmental origin.
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The Legislative Process of the Bill on the Children Group. A Case Study of the Intervention of the Participants.
Jirků, Olga ; Hejzlarová, Eva (advisor) ; Potůček, Martin (referee)
This thesis deals with an implementation of a new public policy tool - child care in the children's group - particularly it examines its origin, evolution and the reasons for its implementation. As the "Children's Group Act" became a new form of the childcare (in the Czech Republic), my participation in the legislation process of the bill adoption served as a motivation for the topic selection of this thesis. The opening part introduces the topic, specifically it studies the past and the present childcare system within the current area of the Czech Republic. Further it acquaints us with tools and remedies allowing for a greater harmonization of a family and work life of parents of infants. In other words, there are discussed theoretical concepts of a private work life harmonization of parents and concepts of equal opportunities of women and men. Moreover, the thesis introduces participants who were entering the negotiation and the adoption processes of the bill in question, either directly or indirectly. The aim of the thesis is to present a case study that would characterize both, the adoption process of the bill and the participants' determination of the final form of the act.
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Status of Deputy of the Czech Parliament in legislative process
Kočí, Kristýna ; Bureš, Jan (advisor) ; Wintr, Jan (referee)
The main purpose of my thesis entitled "The legislative process - the role of Members of Parliament" is to analyze the process of preparing, making and passing laws by the Parliament of the Czech Republic, focusing on the role of Members of Parliament in the legislative process (including comparisons between members of the coalition, opposition and non- attached) and provide a comparison theory, therefore, the possibility of the constitution and other laws and actual practice.
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The role of obstructions in the Czech legislative system
Sedláček, Martin ; Brunclík, Miloš (advisor) ; Švec, Kamil (referee)
The main goal of this thesis is to describe the use of obstruction mechanisms in the Czech legislative system, where in the Chamber of Deputies of the Parliament of the Czech Republic, as key legislative institutions of the parliamentary system, has been making massive damages in the form of blocking the negotiation of draft laws for many years. The reasons that led to the Rules of Procedure of the Chamber of Deputies permitting the existence of this phenomenon are not quite obvious, but they are an integral part of the parliamentary culture of our country, which existence is mainly used by the legislative minority. Even though the Rules of Procedure have a clear wording, which allow the existence of obstructions, their use is often considered as unconstitutional, as their use often exceeds the affordable limit. The main objective of this theses is to introduce to the reader all the instruments that help to obstructions and subsequently to show their use in practice during the meetings of the Chamber of Deputies within the last three parliamentary term, including the period in progress.
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