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Administrative Decision as a Result of the Activity of the Administrative Body
KREJČOVÁ, Iveta
This bachelor thesis deals with administrative decisions as one of the most important outputs of the practice of the administrative body. The aim of this thesis is to describe administrative decisions with regard to legal theory as well as legal regulation. The first part of this thesis deals with the theoretical background, such as the elements of a decision or defects of a decision, the legal regulation of administrative proceedings and the methods of review and redress of administrative decisions. The second part of the thesis focuses on the practical aspects of administrative decision-making. It analyses nature and landscape protection decisions issued by the Czech Environmental Inspectorate in 2016-2020 with regard to the frequency of appeals and the way the Ministry of the Environment decides on appeals, in order to test eight hypotheses. The statistical results obtained from the decision analysis are presented in graphs and tables. The thesis concludes with a discussion of four problems occurring in practice in relation to decision-making on nature and landscape protection and possible ways of solving them.
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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...
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Coordinated decisions in public administration
Petrmichl, Václav ; Pomahač, Richard (advisor) ; Staša, Josef (referee) ; Průcha, Petr (referee)
Coordinated decisions in public administration Abstract This dissertation thesis "Coordinated decisions in public administration" deals with a specific category of coordinated administrative acts as a result of the manifestation of will of more deciding authorities in public administration. A concept of coordinated decisions with subsumed binding opinions is one of the possible solutions to the issue of complex decision- making processes in the Czech legal order and extending over the competence of several administrative authorities. The aim of the dissertation is to answer the question whether the legislative solution of coordination of individual decision-making activities in the form of binding opinions, at the general procedural level in Czech administrative law adopted in the act no. 500/2004 Coll., general administrative code with effect from 1st January 2006, a sustainable and eligible concept that stands as a basis for coordinating administrative decisions now and in the future. The thesis first introduces the concept of subsumption in a broader context and from a historical perspective (1st part), the basis of the thesis is the analysis of definitive features of binding opinions in recent legislation (2nd part), all the features are subjected to detailed analysis, the principles and mechanisms of...
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Abstract The public administration itself is bound by applicable legal provisions. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strict legal procedure with corresponding legal mechanisms, which aim to remedy the status caused by unlawful action or inaction of the public administration. The object of this dissertation focuses, in particular, on analysis of individual means of protection of rights in public administration (i.e. the issue of the protection of public subjective rights) and their mutual relationships between them at level of legal regulation de lege lata. However, certain space had to be dedicated also to the procedures of public administration in matters related to private subjective rights as even the public administration decides on certain matters of private law. As regards the protection of private rights by public administration I mentioned the dualism of the review of decisions of public bodies and certain examples of public administration deciding on matters of private subjective rights. Further I stressed the issue of civil liability related to the conduct of public administration, i.e. liability for damages caused by unlawful decision and unlawful procedure. Pursuant to the act on liability for...
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An analysis of the decision making of the Office for the protection of competition
Šipkovská, Silvie ; Ochrana, František (advisor) ; Stehlík, Petr (referee)
The thesis deals with the nature of the decision-making of the Office for the Protection of Competition (hereinafter "the OPP") in the area of public procurement. The theoretical part describes the various methods used, the legislative framework for the decision-making processes of the OPP (from the point of view of the currently effective legislation and the new Act on public procurement), and summarizes theoretical assumptions. In the analytical part, selected decisions of the OPP from the years 2005-2015 are analysed, using descriptive and interferential statistical methods. In terms of the subject matter, the OPP most often conducts proceedings in relation to complaints against alleged violation of the prohibition of discriminatory practices. Decisions of the OPP are challenged before administrative courts in only 4% of cases, in spite of the fact that contracting authorities are found guilty of committing an administrative offense in almost 80% of the cases. Commonly imposed penalties are fines. The trend of decisions on guilt, as well as the imposition of fines, is growing, however, the level of fines remains unchanged. A contracting authority which awards a public works contract is more likely to be found guilty than a contracting authority awarding other public contracts. It is also more...
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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...
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