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Trade licence and requirements for undertaking business as a sole trade
Tichý, Luboš ; Staša, Josef (advisor) ; Handrlica, Jakub (referee)
The topic of this thesis is "Trade license and the requirements for undertaking business as sole trader". Its aim is to analyze the current legal regulations with regard to the historical development and judgments, to evaluate it, to highlight its deficiencies and to deal with possible solutions. I have chosen this particular topic because it's a very relevant topic, one which is constantly developing and as such offers enough food for thought. It also plays an important role in the life of society and in the life of an individual. The thesis is composed of four chapters. Chapter One, subdivided into five parts, summarizes the historical development of the trade law with focus on the main law in this area which was issued in 1859 and became the fundamental document in the subsequent period and influenced current legal regulations too. Chapter Two is divided into four parts. Part One defines the trade license, while Part Two briefly describes its classification. Part Three concentrates on subjects of trade license, including conditions for foreign persons. Finally Part Four deals with the responsible representative. In Chapter Three I focus on the requirements for undertaking business as sole trader. It's consisted of three parts, one about general requirements, one about specific requirements and...
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Decision-making in cases relating to long-term residence
Jůzlová, Jiřina ; Svoboda, Petr (advisor) ; Handrlica, Jakub (referee)
Travel means have become easily assessable and affordable. Statistical figures have identified significant increases with regard to the movement of people across states. As a result, there is now overwhelming demands to review current legislation which governs immigration law. This thesis focuses upon immigration law, while explicitly drawing attention to the institutes that governs long-term residency permits for Immigrants entering the Czech Republic. This paper critically reviews regulation for immigrants that have citizenship from a country outside of the European Union. Furthermore, the paper will illustrate current legislation for immigrants entering the Czech Republic and applying for log-term residency. As a result, this paper will analyse current legislation and identify correlated weaknesses in both, taxonomy and terminology. The work is divided into two sections. The first section focuses upon current legislation. This includes immigration law, public organisations and associated authorities. Moreover, section two identifies weakness in relation to the administration of applicant claims and the authenticity of legal-safeguards. The second section of this paper focuses upon the procedures that immigrants must take when applying for a long- term residency permit. Furthermore, section two...
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Public administration in railway transport - changes in legislation
Jáč, Jakub ; Handrlica, Jakub (advisor) ; Svoboda, Petr (referee)
The law of railway transportation is a phenomenon affecting several other law branches in particular European Law, Commercial Law and Administrative Law. This thesis focuses on the last mentioned branch, i.e. Administrative Law. This thesis does not cover this issue comprehensively; however, it gives fundamental and comprehensive views on the issue. In addition to information on current legal situation and its background it provides information about the history of law of railway transportation and includes the topic of public transport services. In last twenty years the initiator of changes in law of railway transportation is mainly the European Union, which gradually liberalizes the railway transportation. Both national legislation and public services reflect and adapt to these changes. After summarising the history of law railway transportation this thesis gives overview on the important European legislation which determines national legislation in the Czech Republic. The main part of this thesis is about legislation issues in law of railway transportation in the Czech Republic. It focuses on the organisation of public administration according to the Railway Act and the jurisdiction of the Rail Administrative Authority including some aspects of the administrative proceedings there. It mentions...
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Obligatory publication of information
Michálek, Jakub ; Korbel, František (advisor) ; Handrlica, Jakub (referee)
Duty to Publish Information (Abstract) I chose as my topic the obligation to publish official records, its legal grounds and connections with other areas. The analysis includes practical aspects and takes into account rapid changes in technology and the much slower development of ad- ministrative law institutes. In this frame I wanted to develop a procedural plan to make the public authority fulfill its duty to publish information, using legal means. I chose as my topic the duty to publish records, since I believe it to be the easist, most economical and effective way to make public records available to the citizens. This is currently a hot political topic, since new legislatation is being prepared in this area both in the Czech Republic and in the European Union, which is a response to the rapid technological progress. Nevertheless, the jurisprudence has devoted much less attention to the obligation to publish information than to disclosing the records upon a request to an individual. The thesis is divided to introduction, theoretical part, practical part and conclusion. The theoretical part deals with both the general regulation and with selected spe- cial cases of disclosure in domestic, EU and international regulation. I analyze and structure the legal regulation of mandatory publishing of records under...
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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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The requirement of independence of administrative bodies in Community law
Handrlica, Jakub ; Pomahač, Richard (advisor) ; Tomášek, Michal (referee) ; Chvátalová, Iva (referee)
259 7. Závěry 1. Mluvíme-li se o "nezávislosti" správních orgánů, můžeme pod tímto pojmem chápat nezávislost ve smyslu funkčním, nezávislost ve smyslu politickém, anebo kombinaci uvedených významů. Stěžejní pro posouzení toho, v jakém významu - a jestli vůbec - je možno mluvit o nezávislém postavení dotčeného správního orgánu, je relevantní právní úprava (včetně ústavněprávních postulátů ohledně organizace výstavby státní správy). 2. Požadavek nezávislosti správního orgánu ve smyslu jeho neutrality, nestrannosti a nepodjatosti je jedním ze základních principů výkonu veřejné správy. Orgány moci veřejné prosazují veřejné, nikoliv soukromé zájmy. Požadavek nezávislosti ve smyslu její nestrannosti a nepodjatosti tedy není specifikem vybraných odvětví, nýbrž může být přiřazen k základním principům dobré správy. V kontextu předkládané studie je tento požadavek označován jako nezávislost funkční. Funkční nezávislost správního orgánu má za cíl zabezpečit všem participujícím subjektům rovné postavení ve vztahu k moci veřejné. Nezávislost ve smyslu funkčním má specifické konotace v těch případech, kdy požadavek nestrannosti implikuje nutnost předcházet možným konfliktům širšího spektra zájmů. Jedná se typicky o nové administrativní agendy, které vyžadují specifickou míru separace od mocenského centra, tj. status...
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Legal aspects of network industries and natural monopolies
Šik, Martin ; Handrlica, Jakub (advisor) ; Eichlerová, Kateřina (referee)
1 Summary Key words: Natural monopoly, network industry, energy industry, regulation, liberalization, unbundling, third party access The present thesis sets out to explore the legal aspects of network industries and natural monopolies. It researches these aspects using the example of the energy sector (i.e. the power and gas industries), which is a typical example of a network industry. In terms of its geographical scope, the thesis focuses on the EU energy law and its specific application in the Czech Republic. The fundamental point of departure for the present thesis is a believe that energy law is closely intertwined with economic policy, and is appropriately interpreted only in the context of the concrete measures, tools, and concepts meant to reflect a nation's energy policy. The main driver of energy policy, and hence also of energy law, is a reform of the energy industry aiming at its liberalization. The key tools for its successful implementation are economic regulation, third party access, unbundling, and public administration by independent regulatory bodies. Firstly, the present thesis discusses the economic characteristics of network industries, that is most importantly the existence of a natural monopoly. The second part of the thesis outlines the background of liberalization and the related...
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Legal aspects of constructing a deep geological repository of nuclear waste in the Czech Republic
Lipenská, Dana ; Handrlica, Jakub (advisor) ; Svoboda, Petr (referee)
The thesis titled Legal aspects of constructing a deep geological repository od nuclear waste in the Czech Republic deals with the administrative procedures that needs to be taken before beginning construction of a deep geological repository. Work can be divided into three major parts. The first part deals with analysis of current legislation relating to nuclear energy, with emphasis on the treatment of nuclear waste. International and European commitments of the Czech Republic, current and new Atomic act, as well as institutional and financial arrangements for nuclear waste management are also included in this part. The following section has been devoted to the various administrative procedures. The goal of this section in not to provide complete description of the procedures, but to highlight points of interest and identify potential problems of current legislation and to propose better solution. The last major part is dedicated to public participation in the various administrative procedures. Emphasis is placed on the possibility of involvement of public and the affected communities in related administrative procedures. This chapter also contains a draft of the bill on community involvement in the process of selecting a site for deep repository.
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