|
|
Protection against unlawful failure to act in public administration
Hansel, Nona ; Mikule, Vladimír (advisor) ; Svoboda, Petr (referee)
A purpose of my thesis was an analysis of problems with legal regulation of protection against unlawful failure to act in public administration. Firstly I described institutes which should prevent illegal inactivity so I focused on regulations of time for taking a decision and other institutes, especially regulation presented by the Administrative Procedure Rules. The regulation in Administrative Procedure Rules caused a lot of questions which are nowadays answered thanks to the Highest Court of Administration and procedure according the Administrative Procedure Rules is connected with protection given by an administrative justice. In this system there is also included regulation of liability for damages caused by unlawful official procedure. The purpose of this institute is not to prevent inactivity but to compensate consequences it caused. The legislature completed this topic with a result that injured party can require (since 2006) compensation for suffering moral damage independently of property damage. We can find some positive elements of recent regulation, such as specific regulation of time for taking a decision, formulation of fundamental principles of action of administrative bodies or possibility to provide compensation of moral damages. But the regulation has imperfections too. Since basic...
|
|
|
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.
|
|
|
The Role of the Courts of Administrative Justice at the Process of the Unification of the Legal Norm Interpretation of Public Law
Venclová, Petra ; Mikule, Leoš (advisor) ; Sládeček, Vladimír (referee) ; Skulová, Soňa (referee)
Charles University in Prague Faculty of law Abstract of the dissertation The title of the dissertation: The Role of the Courts of Administrative Justice at the Process of the Unification of the Legal Norm Interpretation of Public Law Supervisor: Doc. JUDr. Vladimír Mikule Author: JUDr. Petra Venclová Prague, March 2012 This dissertation deals with the role of the courts of administrative justice at the process of the unification of the legal norm interpretation in the field of public law. Ambition of this dissertation first lies in the function and meaning of administrative justice in relation of the legal norm interpretation on the level of interpretation practice of administrative body, second in capturing the process of unification of judicial activities of administrative courts in formal position as instrumental presumption for full development of material conception which has axiological content and might offer the answer to the question of legal- philosophical direction of administrative judiciary. This work is divided into three chapters on the basic level. The first chapter explains dualism in law within the meaning of dichotomy between private and public law. The administrative law as a part of public law is defined in the relationship to the private law through the different methods and aims of...
|
|
|
Fulfilment of the public interest in monument preservation in the Czech republic
Krejzek, Igor ; Frič, Pavol (advisor) ; Jelínková, Marie (referee)
My thesis is concerned with current problems involving fulfilment of the public interest in monument preservation in the Czech Republic. Firstly, the term "public interest" and its conceptual relationship in terms of the monument preservation is explored in the theoretical part of the thesis. Secondly, the current systems of monument preservation in the Czech Republic including the genesis of decision-making processes of municipal authorities under the current law are briefly described. This is followed by an explanation of the connection between the generally proclaimed, yet critically unexplored postulate of "two-track monument preservation". Despite clearly defined policies and competencies, the existing monument preservation decision-making systems and processes seems to be characterized by considerable confusion, and thus seem to bring about some process-based ambiguities and conflicts. The thesis not only aims to identify and analyse these ambiguities and conflicts but also strives to provide a conclusion that proposes some meaningful solutions. The benefits of the thesis for the Public and Social Policy field purposes lies in the identification and uncovering yet unexplored contextual pertinence in decision making activities within qualification works in monument preservation, as well as...
|
|
|
Organization of public administration in the People's Republic of China
Vacková, Pavla ; Handrlica, Jakub (advisor) ; Tomášek, Michal (referee)
6. SUMMARY The purpose of my thesis is to describe the administrative organization in the People's Republic of China. The reason for my research is the growing interest resulting need for its introduction to the public. The thesis is composed of five chapters, each of them dealing with different aspects of Chinese administration. Chapter One is introductory and in its first subdivision it depicts the methodology used in the process of my research and also defines basic rules for translations of terminology used in the thesis. The second subdivision addresses the issue of literature and sources used in this thesis. Chapter Two introduces the geography, population and territorial divisions of China. The next chapter is subdivided into six parts. Part One specifies the Chinese legal culture, while the second part provides an overview of the legal development in the 20th century. Part Three investigates the legal and political system of nowadays China. Part Four depicts and explains the bodies of state power, while the next part introduces the Chinese Communist Party, which in fact is the main authority when discussing the state power in China and the most important decision-making body. The last part deals with the categorization of normative acts in China. Chapter Four concentrates on administrative...
|
|
|
Legal aspects of human rights in the law suit
Šejnost, František ; Bohuslav, Lukáš (advisor) ; Pelc, Vladimír (referee)
The legal aspects of human rights in the court proceedings Abstract In the introductory part, this rigorous thesis deals with some legal aspects of human rights and fundamental freedoms in national, Community and international law, substantive and procedural institutes of their protection, including special cases of collision with international humanitarian law in armed conflicts. In the next part, the rigorous thesis deals with discriminatory legal norms and their application in administrative and judicial proceedings, including legal remedies under national law. In the final part, the rigorous thesis deals with the decision-making activities of the obliged entities in providing information under the Act on Free Access to Information, including the legal means of the judicial protection against illegal administrative acts of the competent administrative authorities. Keywords: Human rights, fundamental freedoms, discrimination, equal treatment, national law, Community law, international law, obliged entities, administrative body, court.
|
|
|
Inaction in Proceedings before the Administrative Authorities
Adamec, Martin ; Prášková, Helena (advisor) ; Pítrová, Lenka (referee) ; Malast, Jan (referee)
Inaction in Proceedings before the Administrative Authorities - abstract The dissertation thesis deals with the issue of inactivity of administrative authorities in proceedings before them, which from the point of view of legal doctrine and application practice represents the most widespread form of inactivity in public administration. It can be considered as one of the most serious negative phenomena in public administration and its execution. Public administration is primarily seen as an executive (active) activity aimed at fulfilling its tasks set by or based on the legal order and carried out within its limits. As a rule, both legislation and scholarly literature contain material concerning public administration activities and their forms. The issue of inactivity often remains neglected, while in application practice it is a relatively common undesirable phenomenon, which the addressees of public administration encounter relatively often. The dissertation thus represents another source of reflection on this topic. The author interconnected two levels - theoretical and application, which allowed him to examine the issue of inactivity of administrative bodies in a broader context. There are often fundamental differences in approaches to legal doctrine and practice, but there is no reason to always have...
|
|
|
Territorial Jurisdiction of Administrative Bodies
Uldrich, Miroslav ; Petrmichl, Václav (advisor) ; Svoboda, Petr (referee)
Territorial Jurisdiction of Administrative Bodies Abstract The aim of the present diploma thesis is to make an interpretation of the existing legislation regulating the territorial jurisdiction of administrative bodies. The interpretation includes an in-depth analysis of the subject matter in question, highlights some minor shortcomings of the existing legislation and outlines the relevant remedial proposals. The present study primarily draws on legal regulations, case law and specialized literature as its main resources. It is divided into five chapters. The first chapter gives a description of territorial jurisdiction development after the emergence of independent Czechoslovakia in 1918, focusing on two fundamental legal regulations: legal regulation in the 1928 Government Decree and legal regulation in the 1967 Rules of Administrative Procedure. The second chapter is devoted to the existing legislation regulating the territorial jurisdiction of administrative bodies. It reviews the theoretical background to the subject-matter as well as territorial jurisdiction of administrative bodies and their functional competence. Common rules of regulation of territorial jurisdiction in the 2004 Rules of Administrative Procedure are discussed, with a special focus placed on the criteria used to define the...
|
|
|
Fulfilment of the public interest in monument preservation in the Czech republic
Krejzek, Igor ; Frič, Pavol (advisor) ; Jelínková, Marie (referee)
My thesis is concerned with current problems involving fulfilment of the public interest in monument preservation in the Czech Republic. Firstly, the term "public interest" and its conceptual relationship in terms of the monument preservation is explored in the theoretical part of the thesis. Secondly, the current systems of monument preservation in the Czech Republic including the genesis of decision-making processes of municipal authorities under the current law are briefly described. This is followed by an explanation of the connection between the generally proclaimed, yet critically unexplored postulate of "two-track monument preservation". Despite clearly defined policies and competencies, the existing monument preservation decision-making systems and processes seems to be characterized by considerable confusion, and thus seem to bring about some process-based ambiguities and conflicts. The thesis not only aims to identify and analyse these ambiguities and conflicts but also strives to provide a conclusion that proposes some meaningful solutions. The benefits of the thesis for the Public and Social Policy field purposes lies in the identification and uncovering yet unexplored contextual pertinence in decision making activities within qualification works in monument preservation, as well as...
|
|
|
Fulfilment of the public interest in monument preservation in the Czech republic
Krejzek, Igor ; Frič, Pavol (advisor) ; Jelínková, Marie (referee)
My thesis is concerned with current problems involving fulfilment of the public interest in monument preservation in the Czech Republic. Firstly, the term "public interest" and its conceptual relationship in terms of the monument preservation is explored in the theoretical part of the thesis. Secondly, the current systems of monument preservation in the Czech Republic including the genesis of decision-making processes of municipal authorities under the current law are briefly described. This is followed by an explanation of the connection between the generally proclaimed, yet critically unexplored postulate of "two-track monument preservation". Despite clearly defined policies and competencies, the existing monument preservation decision-making systems and processes seems to be characterized by considerable confusion, and thus seem to bring about some process-based ambiguities and conflicts. The thesis not only aims to identify and analyse these ambiguities and conflicts but also strives to provide a conclusion that proposes some meaningful solutions. The benefits of the thesis for the Public and Social Policy field purposes lies in the identification and uncovering yet unexplored contextual pertinence in decision making activities within qualification works in monument preservation, as well as...
|
guest ::
