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Legal Analysis of the Process of Children's Nursery School Enrolment
Oplová, Jaroslava ; Kitzberger, Jindřich (advisor) ; Svoboda, Petr (referee)
TITLE: Legal Analysis of the Process of Children's Nursery School Enrolment AUTHOR: Jaroslava Oplová DEPARTMENT: The Centre of School Management SUPERVISOR: RNDr. Jindřich Kitzberger ABSTRACT: The paper work deals with individual operations in the process of admitting children to the nursery schools, following primarily the Education Law and Civil Service Rules. The legal frame of administration authority actions such as contained in the Civil Service Rules is rational, however very extensive. A thorough knowledge of additional related legal regulations is necessary to observe legitimacy in the course of entire administrative procedure. The admission standards become significantly involved, according to which the ranking of applicants is determined. After passing the Law No.49/2009, which altered the Law No. 561/2004 of Statute Book on preschool, elementary, secondary, college and other education (Education Law), in reading of later regulations, discrepancies in legal provisions of Education Law in the decision-making field concerning also preschool education have happened, as the decision-making in admission to nursery schools was removed from the scope of the Civil Service Rules. Even the expectations concerning implementation of the principles for admission process to preschool education into the...
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Biuding of legal opinion of an appellate administrative body
Malíčková, Michaela ; Kryska, David (advisor) ; Rajchl, Jiří (referee)
Binding of legal opinion of an appellate administrative body Abstract This thesis concerns quite a narrow subject, the binding of a legal opinion of an appellate administrative body. This principle is enshrined in Section 90 paragraph 2 subsection b) of Administrative Procedure Code, i.e. in a provision concerning a decision of an appellate administrative body. Binding legal opinion is linked with a cassational way of deciding, which indicates a type of decision which resides in sole annulment (revocation) of a challenged administrative decision and returning the case for new consideration. The first chapter maps an evolution of anchoring issued principle in legal regulations of administrative procedure effective in Czech lands. Furthermore, it discusses a binding legal opinion in relation to remedial principles. The thesis highlights the negative tendency of overusing the cassational way of deciding by appellate administrative bodies, on the contrary, it also points out situations that disallow administrative bodies to use it. First chapter also presents some possible characters of issued legal opinions, which mainly means to what exactly is the administrative body that issues the new proceedings. This is connected to possible defects of challenged decision for which they are revoked. Second chapter is...
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Legal Analysis of the Process of Children's Nursery School Enrolment
Oplová, Jaroslava ; Kitzberger, Jindřich (advisor) ; Svoboda, Petr (referee)
TITLE: Legal Analysis of the Process of Children's Nursery School Enrolment AUTHOR: Jaroslava Oplová DEPARTMENT: The Centre of School Management SUPERVISOR: RNDr. Jindřich Kitzberger ABSTRACT: The paper work deals with individual operations in the process of admitting children to the nursery schools, following primarily the Education Law and Civil Service Rules. The legal frame of administration authority actions such as contained in the Civil Service Rules is rational, however very extensive. A thorough knowledge of additional related legal regulations is necessary to observe legitimacy in the course of entire administrative procedure. The admission standards become significantly involved, according to which the ranking of applicants is determined. After passing the Law No.49/2009, which altered the Law No. 561/2004 of Statute Book on preschool, elementary, secondary, college and other education (Education Law), in reading of later regulations, discrepancies in legal provisions of Education Law in the decision-making field concerning also preschool education have happened, as the decision-making in admission to nursery schools was removed from the scope of the Civil Service Rules. Even the expectations concerning implementation of the principles for admission process to preschool education into the...
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