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The Extension of the Unacceptability of Cassation Complaint (in 2021)
Hejtmánek, Vojtěch ; Pomahač, Richard (referee)
The diploma thesis deals with institute of the unacceptability of cassation complaint as a filtering mechanism used by the Supreme Administrative Court for the selection of cassation complaints. The thesis briefly explains the theoretical base of the institute and its transformation due to the adoption of the amendment to the Code of Administrative Justice in 2021. The text continues with the critical assessment of the effectivity and rationality of the amendment from its theoretical and empirical perspective. The empiric evaluation is based on the author's own statistical research about ruling of cassation complaints. The author completes the thesis with presenting his ideas and suggestions to adjust the institute de lege ferenda.
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Socialistic complaints as an instrument of governance and remedy - Beroun district in the second half of the 80s.
Olbertová, Lenka ; Kabele, Jiří (advisor) ; Tuček, Milan (referee)
The diploma thesis deals with finding an answer to how socialistic complaints worked as an instrument of remedy and also as an instrument of governance. It proceeds from the theory of Albert O. Hirschman that explains strategies of solution in the area of firms, organizations and states and that also includes complaining. The other theoretical sources are the theory of bureaucratic organizations of Michel Crozier and Michel Foucault's conception of power and discipline. The issues of complaining are put into period context in the diploma thesis and it is supplemented about a brief elucidation of ruling manners considering the district level. The empirical part is based on qualitative and quantitative content analysis of complaints that were solved by the leading secretary at the District Committee of the Communist Party of Czechoslovakia in Beroun from 1985 till 1989. It is not only focused on a survey of complaints but also interprets the procedures of solving that are related to the chosen theoretical findings. The thesis also explains the relationship between the communist party and its critics with their objections and the relationship between the party and people that were criticized in the complaints.
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Handling complaints in an organization providing interpretation of Czech sign language
Lopour, Vojtěch ; Vrzáček, Petr (advisor) ; Procházková, Martina (referee)
The diploma thesis is focused on handling complaints in organizations providing social services. The process of handling complaints is conceived in the work as a process which, if properly set up and coordinated within the organization, can be useful in improving the services provided. The thesis summarizes professional theoretical knowledge in the field of complaint handling, describes the Czech legislative anchoring of work with complaints and offers an overview of possible processes procedures, rules and practices that can be used in practice. The practical part of the work is focused primarily on handling complaints in the field of providing interpretation of Czech sign language. Part of the diploma thesis is qualitative research, in which the process of handling complaints in the selected organization is diagnosed in detail. The results of the research include suggestions for possible procedures and recommendations that can help the organization streamline the complaint handling proces and can also be an inspiration for organizations that are open to a critical approach to their own complaint handling and possible implementation of changes.
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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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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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The role of ombudsman in environmental protection
Pecháčková, Ivana ; Damohorský, Milan (advisor) ; Snopková, Tereza (referee)
The thesis deals with the possible role of ombudsmen in environmental protection. The work starts by the description of the establishment of this institution in the world and subsequently in the Czech Republic. A crucial role played the Act No. 349/1999 Coll., the Ombudsman Act, which has been implemented into national law of the Czech Republic after many discussions on December 30, 1999. This act provides for activities of the ombudsman and the way how to lodge a complaint with the ombudsman. This treatise on the ombudsman activities in general creates also the basis for his/her procedure in specific cases concerning the environment. The part of this thesis forms case studies serving as the example how the ombudsman can participate in the environmental protection in practise.
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Socialistic complaints as an instrument of governance and remedy - Beroun district in the second half of the 80s.
Olbertová, Lenka ; Kabele, Jiří (advisor) ; Tuček, Milan (referee)
The diploma thesis deals with finding an answer to how socialistic complaints worked as an instrument of remedy and also as an instrument of governance. It proceeds from the theory of Albert O. Hirschman that explains strategies of solution in the area of firms, organizations and states and that also includes complaining. The other theoretical sources are the theory of bureaucratic organizations of Michel Crozier and Michel Foucault's conception of power and discipline. The issues of complaining are put into period context in the diploma thesis and it is supplemented about a brief elucidation of ruling manners considering the district level. The empirical part is based on qualitative and quantitative content analysis of complaints that were solved by the leading secretary at the District Committee of the Communist Party of Czechoslovakia in Beroun from 1985 till 1989. It is not only focused on a survey of complaints but also interprets the procedures of solving that are related to the chosen theoretical findings. The thesis also explains the relationship between the communist party and its critics with their objections and the relationship between the party and people that were criticized in the complaints.
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Research of Customers Satisfaction in Quierro, Ltd
Patka, Roman ; Hesková, Marie (advisor) ; Harantová, Monika (referee)
The thesis focuses on customer satisfaction. The objective of the theoretical part is description of basic terminology and key areas related to customer satisfaction. The term customer is defined in detail including his importance for the company, and especially importance of customer satisfaction . The thesis describes methods used for measuring customer satisfaction, analysis of the satisfaction and also analysis of lost customers. There is short description of the company where the customer satisfaction was measured. The research was designed as mixed. The quantitative research is based on satisfaction survey with 179 respondents. This research is then followed by qualitative analysis based on comments caprured in service Heureka. There are recommendations provided based on the results of the research in order to improvement of the customer satisfaction. The recommendations include change od services and also change of the customer satisfaction survey.
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Právní a zdravotně sociální aspekty činnosti OSPOD jako ustanovených opatrovníků v zámu nezletilých dětí
BORSKÁ, Jana
The Czech Republic as a signatory of the Convention on the Rights of the Child has vested the practice of state administration in the field of care for minor children to municipalities with extended powers, where the protection of the rights and legitimate interests of minor children is safeguarded by state authorities of social and legal protection of children (ASLPC hereinafter). These authorities are incorporated to the extent laid down by the Act on Social and Legal Protection of Children (Act No 359/1999 Coll., as amended). The position and roles of ASLPC and their competence and jurisdiction are also regulated by the same act. The position of workers of these authorities and its legal embodiment is equally important. Regarding professionality, there are high demands on these workers. In the Czech Republic, significant changes in legislature have been made over the past three years. These amendments have led to the strengthening of the rights of minor children and to the establishing of new tools for their protection. In connection with the adoption of new substantive regulation of family law, which is now exhaustively dealt with by the Act No 89/2012 Coll., the Civil Code, new procedural rules have been established regarding protection of rights of minor children. Such procedural legislation includes (apart from the long-existent Act No. 99/1963, the Code of Civil Procedure) the Act No 292/2013 Coll., on Special Civil Proceedings. The decision-making regarding minor children has been vested mainly by the state into the competence of courts. The courts appoint the locally relevant ASLPC as a guardian who then represents the interests of minor children. The purpose, interwoven with and derived from the first one, was to explore the opinions of selected social workers of ASLPC and of district court judges regarding the defined problems occurring during the work of ASLPCs and courts while protecting the interests of minor children. These particularly include: the use of the tool of precautionary measure; problems of different territorial jurisdiction of courts and ASLPCs; processing of complaints regarding bias in various phases of the proceedings; professional training of workers of ASLPC It is evident from the proposals of both judges and ASLPC workers that it is necessary to unify territorial jurisdiction. The courts are suggesting the priority criterion of the address where the child mainly resides. ASLPC workers suggest the official permanent residence as the prime criterion. Bias causes problems in all phases of proceedings. It is obvious that courts take differing approaches towards the solution of this problem (some courts solve the problem of bias complaints filed by the parties while other courts do not) and for ASLPC workers it is difficult to assess how to act when such complaint is raised against them. The training of ASLPC workers - workers are obliged to educate themselves and their employer is obliged to finance such training. Not all ASLPCs are able to provide training in the required extent - due to financial reasons (the average costs of education of one employee pose from 9,169 to 13,400 CZK annually and they cover approximately 6 days of training). The heavy work-load caused by insufficient numbers of ASLPC employees prevents them from completing such compulsory training. As part of the examination of the "participation of a collision guardian in court proceedings" it has been found out that irregular participation of the worker in the proceedings (absence from participation in appeals proceedings); incomplete reports (directed to courts) from surveys in families. Based on comprehensive examination of the problems of territorial jurisdiction, it was recommended that requests are independently recorded and financial compensation is provided for ASLPCs who are requested to represent minors in front of courts, to draft proposals for precautionary measures.
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