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Selected issues of the public regulation of export of dual use items
Kosan, Jiří ; Handrlica, Jakub (advisor) ; Staša, Josef (referee)
Selected issues of the public regulation of export of dual use items Abstract At the time this paper was written, security was a dominant theme in the international environment. The military conflict in Ukraine, terrorism in Israel and the growing antagonism of global and regional powers have made topics such as military hardware, weapons of mass destruction and international sanctions very topical. Dual-use goods are closely linked to all these security issues. It can covertly significantly increase military capabilities in the field of conventional and unconventional weapons and in the field of information. Despite the fact that it is widely used in industry and can surround us at literally every turn, it remains in the shadows of wider attention. Yet its export carries with it a number of extensive obligations for the standard-setter. It defines dual-use goods as those products, software and 'know-how' that are usable for both civilian and military purposes. Their acquisition for the purpose of misuse is then referred to as 'proliferation'. The legal regulation of the export of such goods is specific because it is an interplay between international law and European law, which is applied by means of administrative law. By its very nature, it is complementary to international sanctions. Two categories of...
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Independent regulator as a public authority
Klimentová, Eliška ; Gerloch, Aleš (advisor) ; Handrlica, Jakub (referee) ; Svatoň, Jan (referee)
This dissertation thesis presents the elaboration of the issue of Czech independent authorities on the basis of empirical data. For the purposes of the dissertation, an extensive dataset was created, which covers 16 central administrative authorities, the Czech National Bank and the Supreme Audit Office monitored in the period 1993-2021. The dataset also contains data on the heads of these institutions, their professional backgrounds, links to political parties and chances of completing their mandate. A sub-objective of the dissertation is to conduct a quantitative assessment of the formal (de iure) independence of the institutions based on the internationally used Gilardi index. The results of the assessment are useful for categorizing independent administrative authorities and for comparing them internationally. The assessment of formal independence primarily represents a first and necessary step for follow-up research, and the results are included as input data for subsequent analysis. For the purposes of this thesis, a Gilardi index was constructed for 18 Czech institutions (a total of 394 individual independence index values) since 1993. In order to compile the index, it was necessary to analyse the legal regulation of the institutional set-up of the surveyed institutions, including the...
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Legal Framework for Price Regulation in the Energy Sector
Helus, Martin ; Handrlica, Jakub (advisor) ; Rychlý, Tomáš (referee)
Legal Framework for Price Regulation in the Energy Sector Abstract The thesis deals with price regulation and price composition in the energy sector. Price regulation in the energy sector primarily pertains to capacity-related activities. These activities are characterized by the monopolistic position of operators, and therefore, the legislator regulates this area. The form of price regulation by the energy regulatory office is established through abstract legal acts, which complicates the defense of recipients of price decisions. The thesis analyzes European regulations and jurisprudence, which place certain requirements on member states and can serve not only as a guide for interpreting Czech law but also contribute to greater protection of recipients of price decisions. The European directives concerning the electricity and gas sectors impose certain requirements on decisions by the Energy Regulatory Office to ensure that its decisions are properly justified and can be judicially reviewed. A remedy against decisions of price-setting bodies should be available to an independent entity separate from the parties and the government. The thesis points out the inadequacy of fulfilling this requirement and proposes the opinion that, based on this, there can be a direct application and evaluation of price...
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Monument care: Duties and their violation in our law
Janeček, Lukáš ; Handrlica, Jakub (advisor) ; Rajchl, Jiří (referee)
Monument care: Duties and their violation in our law Abstract The Czech Republic is a area where almost any small village is a home to a cultural monument. We indeed possess one of the richest cultural heritages in the world. However, it is important and necessary to protect them so that knowledge and experience can be drawn from them by future generations as well. Such protection is associated with a series of duties that various entities must fulfill. This master's thesis specifically deals with these duties. Its goal is to describe and evaluate the state of legal regulation of monument care in relation to these duties and their violations. The focus is primarily on owners of cultural monuments and other obligated entities who are authorized to conduct archaeological research or restore cultural monuments. Therefore, due to the current relevance of the entire topic, this work has been created. Moreover, it could, at least partly, serve as a form of enlightenment, even for the general public. To a large extent, it engages with the Act on State Monument Care, commentary literature, and case law. Simultaneously, problematic sections are illustrated through practical examples derived precisely from judicial decisions. Also, critical attention is given to problematic areas that are nearly ubiquitous in the...
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Legal status and competencies of the Czech statistical office
Molatová, Iveta ; Handrlica, Jakub (referee)
Legal status and competencies of the Czech Statistical Office Abstract The rigorous thesis Legal status and competencies of the Czech Statistical Office, which aims to present a plastic picture of the Czech Statistical Office and its tasks, consists of a total of ten parts. The first part defines the concept of statistics, presents the basic milestones of the world and Czech history of statistics, as well as basic statistical terminology. The second part describes what errors and manipulations can occur when using statistics. The third part presents various entities that operate in the field of statistics, whether they are international organizations or commercial or public entities. The third part also deals with the legal status of the statistical offices of the neighboring states of the Czech Republic. The fourth part of the thesis is devoted to the history of the creation of the current Czech Statistical Office, i.e. its legal predecessors. A reminder of the basic definition of competencies, authority and jurisdiction is the topic of the fifth part, as well as the definition of the legal status of the Czech Statistical Office through two key laws. In the fifth part, the Czech Statistical Office is further presented from an organizational point of view, and other Czech statistical authorities are also...
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Anti-pandemic measures in a comparative perspective (Spain - Czech Republic)
De La Cruz, Christopher-Alexander ; Handrlica, Jakub (advisor) ; Adamec, Martin (referee)
Anti-pandemic measures in a comparative perspective (Spain - Czech Republic) Abstract The pandemic of the covid-19 disease, caused by a previously unknown type of coronavirus known professionally as SARS-CoV-2, hit our country in early March 2020. At that time, perhaps no one could have guessed what awaited us all in the coming months and years. As this was a pandemic on a global scale, we were not the only ones facing the toughest stress test of modern healthcare emergency regulations. In its own way, the Kingdom of Spain, for example, was also dealing with a pandemic in the following two and a half years, and I have decided to compare the Czech approach to that. In the first part of my master's thesis, I discuss how the legal systems of both countries were prepared for a health emergency of this magnitude. In order to establish a general framework, I first highlight the main legal differences between the Spanish and the Czech state. I then discuss the theoretical grounding of states of emergency. Next, I go through the legal framework at the constitutional level, followed by the statutory and sub-statutory levels, comparing the different norms and trying to find parallels between them. I observe in particular the great fragmentation of the legal regulation of health emergencies on the Spanish side and the...
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Current Issues of Legal Regulation of Audiovisual Media Services
Prokopová, Gabriela ; Handrlica, Jakub (advisor) ; Pouperová, Olga (referee) ; Adamec, Martin (referee)
Current Issues of Legal Regulation of Audiovisual Media Services Abstract The dissertation thesis deals with the issue of legal regulation of audiovisual media services in the Czech Republic, with regard to challenges topically facing the legal regulation that concurrently should be addressed, as well as with regard to effects that such legal regulation itself has on audiovisual media services. The topic is looked at from an administrative law perspective. Following a historical-legal excursus and an excursus about means of receiving television broadcasts and other technological aspects, the dissertation thesis primarily addresses the current regulation. It contains a definition of the concept of audiovisual media services, including distinction between television broadcasting (linear services) and audiovisual media services on demand (non-linear services) and comparison thereof with video-sharing platform services. The thesis deals with administrative authorisation to provide audiovisual media services (with emphasis on concession principle), with the Czech television and the broadcast system in the Czech Republic, with financing of audiovisual media services, with obligations on audiovisual media services providers and with responsibility for the content of audiovisual media services. The author...
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Tailor-made laws in public law
Sharp, Vladimír ; Handrlica, Jakub (advisor) ; Pomahač, Richard (referee) ; Pouperová, Olga (referee)
Tailor-made laws in public law Resumé This thesis deals with the issue of so-called individualised legislation, i.e. laws with an individually determined addressee, a specific subject, or laws lacking any other element of generality or abstraction. Such legislative acts, collectively referred to as tailor-made laws, represent a hybrid between a law par excellence and an individual (administrative) act, thus creating a practical and doctrinal problem both in terms of the separation of powers, and in terms of interference with rights of individuals affected by such laws. When the form of a law is conferred on an individual act, the rights and obligations of explicitly named persons or a specific matter are decided outside the standard procedural regime, which means, among other things, that the persons in question may be deprived of procedural rights, including the right to due process and judicial protection, and such persons effectively find themselves at the mercy of the Constitutional court. Moreover, the vision of a shift to a purely formal conception of legislation raises the question of whether legislation is to be regarded as a universal instrument for the expression of political will, and thus whether the form of law can be freely used to achieve any ends. In this thesis, the author analyses the...
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Excessive public tenders with respect to construction work subject to open procedure
Csorba, Csaba ; Vopálka, Vladimír (advisor) ; Handrlica, Jakub (referee)
English summary Public procurement, as a relatively young branch of law, emerging from the American internal army regulations of public contracts, has become one of the most significant instrument of outsourcing execution of work, supply of products and services. In this work I am dealing with construction works, as they are the basis of present and future economic growth. Public tenders for infrastructure, flood control measures, reconstruction of schools and hospitals etc. effectively allocates financial means, but also creates new jobs and opportunities for economic operators hit by the global financial recession. The purpose of this master degree thesis is to analyze the current Czech public procurement legislation with respect of the regulations and directives of the European Union. As it is not possible to give a comprehensive preview of every single problem and question relating public procurement, the focus is on the most problematic part of the Public Procurement Code. The first chapter describes purpose of this specific branch of law providing a short historical background. It also concentrates on the principles of awarding contracts: acting transparently, treating the economic operators equally and avoiding their discrimination. The second chapter explains the basic differences between the...
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Position and activities of intelligence services in the Czech Republic (legal aspects)
Šišlák, Stanislav ; Handrlica, Jakub (advisor) ; Svoboda, Petr (referee)
Status and activities of the intelligence services in the Czech Republic (legal aspects) My master's degree thesis attempts to analyse the status and activities of the intelligence services in the Czech Republic. Nowadays the importance of the intelligence services is steadily growing worldwide because of bigger threat of terrorists' attacks and worsening security situation in certain regions in the world. Czech intelligence services must adapt to this situation and that's why I started to investigate particular Czech legislation. I started to examine whether the Czech intelligence services are given necessary powers to fulfil their lawful duties, who governs and coordinates their activities, who controls them etc. All these questions are described and answered in the thesis. The thesis is composed of five chapters, each of them deals with different aspects of the status and activities of the intelligence services. Chapter one is more or less general, subsequent chapters are rather focused on Czech intelligence services. The first chapter is introductory. There are stated a few definitions of an intelligence service. In this chapter I also mentioned possible divisions of intelligence services and basic requirements of national legislation recommended by relevant international organisations and some other...
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