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Constitutional definition of the mechanisms of control of territorial self-governing units
Dušek, Libor ; Antoš, Marek (advisor) ; Suchánek, Radovan (referee)
The aim is to answer the question of whether effective control mechanisms exist in the Czech Republic which would guarantee the fulfilment of legal regulations by municipalities and regional authorities dealing with public property. It is also my aim to explore whether such control mechanisms result from the constitutionally guaranteed rights to local government and, if they do, to what extent they may be incorporated in the Czech legislation. My diploma thesis is based on specific case studies, the case law of general courts and the current jurisprudence of the Czech Constitutional Court. After the description of the current state of affairs in the Czech Republic, I further focus on the definition of the control mechanisms of local governments in Czechoslovakia between the two world wars (1918 - 1938) and partly also during the Austro-Hungarian Empire. This diversion leading to this era has been selected to reflect the efforts to resume the local government traditions in the context of the renewal of the local government scheme in the Czech Republic after 1989. It is proven towards the end of the historical survey that unlike today, there were effective control mechanisms available before World War II, with several alternatives. The thesis also compares the legal regulations beyond the control...
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Public law aspects of municipal waste management
Chmelík, Václav ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
The thesis called Public law aspects of municipal property management deals with the topic of property management of the territorial self-governing units. The basic units are municipalities and the higher-level territorial administrative units are regions. Municipalities and regions have a legal personality and are public corporations which may have their own property and manage their own budget. Management and disposal of the self-governing units own property and it is one of the fundamental aspects of local government in the Czech Republic. The aim of this thesis is to provide an analysis of the main public law aspects disposition of the property of self-governing units. The thesis is composed of the three sections. The first two sections are focused on the general terms and principles, without which it would be impossible to comprehend more details the disposal of municipal property itself which is discussed in the third section. The first section describes the definition of territorial self-governing units, especially its position as a subject of property rights. There is also described the definition of property and division of property according to the different criteria. The second section deals with the management of municipal property. There are described basic obligations of the...
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State Supervision of Public Self-government
Hálová, Miloslava ; Kopecký, Martin (advisor) ; Frumarová, Kateřina (referee) ; Handrlica, Jakub (referee)
Název disertační práce, abstrakt a klíčová slova v anglickém jazyce Title: State Supervision of Public Self-government Abstract: The thesis deals with the state supervision of public corporations in the performance of public administration. Public-law corporations include territorial self-governing units, professional and business chambers, and public higher education institutions. They are public entities different from the state. In order to ensure the legality of the public administration entrusted to them, they are subject to state supervision. This supervision is part of the control activities in public administration and falls within the remit of administrative control. In the remedial phase, it usually follows a judicial review consisting of a review of the lawfulness of abstract and concrete acts issued by the bodies of self-government. Two introductory chapters are devoted to the theoretical basis of state supervision over self government. The first deals with the status of self-government in the structure of public power and public administration, the legal nature of self-government, and the relationship between self- government and the state. In the second, the author deals with the legal nature of control activities in public administration, their system, the stages of control and the legal...
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Legal Regulation of Municipal Property Management
Chmelík, Václav ; Kopecký, Martin (advisor) ; Rajchl, Jiří (referee)
Managing municipal property is considered economic basis for communal self- government. The right to own and manage property poses one of the most important authorities given to self-governing units. Managing municipal property is regulated in a specific way. The basis of this regulation is an obligation to keep special duties. They rest - firstly - in the requirement of evaluating property dispositions from the point of view of their positive impact on municipality, and - secondly - in keeping specific procedures which must precede the valid legal dispositions. The aim of this rigorous thesis on "Legal regulation of municipal property management" was to focus in detail on the key aspects of dealing with municipal property and point out the problems in current legislation. The thesis is divided into five basic parts. The first part focuses on constitutional and legal limitation of self-governing units viewed as the legal owners. The second part is devoted to specific duties which self-governing units have to keep when managing property, such as managing property in purposeful and economical way, or duty to explain why the price paid differs from the usual price at a paid transfer. The final section of the second part takes into account the supervision of keeping these duties. The following third...
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Public law aspects of municipal waste management
Chmelík, Václav ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
The thesis called Public law aspects of municipal property management deals with the topic of property management of the territorial self-governing units. The basic units are municipalities and the higher-level territorial administrative units are regions. Municipalities and regions have a legal personality and are public corporations which may have their own property and manage their own budget. Management and disposal of the self-governing units own property and it is one of the fundamental aspects of local government in the Czech Republic. The aim of this thesis is to provide an analysis of the main public law aspects disposition of the property of self-governing units. The thesis is composed of the three sections. The first two sections are focused on the general terms and principles, without which it would be impossible to comprehend more details the disposal of municipal property itself which is discussed in the third section. The first section describes the definition of territorial self-governing units, especially its position as a subject of property rights. There is also described the definition of property and division of property according to the different criteria. The second section deals with the management of municipal property. There are described basic obligations of the...
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Constitutional definition of the mechanisms of control of territorial self-governing units
Dušek, Libor ; Antoš, Marek (advisor) ; Suchánek, Radovan (referee)
The aim is to answer the question of whether effective control mechanisms exist in the Czech Republic which would guarantee the fulfilment of legal regulations by municipalities and regional authorities dealing with public property. It is also my aim to explore whether such control mechanisms result from the constitutionally guaranteed rights to local government and, if they do, to what extent they may be incorporated in the Czech legislation. My diploma thesis is based on specific case studies, the case law of general courts and the current jurisprudence of the Czech Constitutional Court. After the description of the current state of affairs in the Czech Republic, I further focus on the definition of the control mechanisms of local governments in Czechoslovakia between the two world wars (1918 - 1938) and partly also during the Austro-Hungarian Empire. This diversion leading to this era has been selected to reflect the efforts to resume the local government traditions in the context of the renewal of the local government scheme in the Czech Republic after 1989. It is proven towards the end of the historical survey that unlike today, there were effective control mechanisms available before World War II, with several alternatives. The thesis also compares the legal regulations beyond the control...
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Budget implementation in the specific conditions of the city of Třebíč within the periods 2008 - 2010
Hrbková, Lucie ; Takáčová, Hana (advisor) ; Nováková, Štěpánka (referee)
The objective of this bachelor's work is to analyze the budget of Třebíč city within the fiscal periods 2008 - 2010. In the first part there is indicated history and actual status of territorial self-governing units, definition of basic concepts as budget rules, budget process, scope of municipality and executive bodies of municipality. There is described accounting reform of public finances which entered into force on 1st of January 2010. The second part is practical and it refers to the detailed analysis of budget revenues and expenditures. The rating of Třebíč city in comparison with other czech cities is aslo mentioned here. The third part deals with the grant system. There is basic information about the grant-in-aid system and the method of the evaluation of the grant applications. There is also definition of grant system, grant programme, project and grant. Finally, graphs are included comparing financial volumes of the planned and the actually provided grants.
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