|
|
General duty of the employee to provide compensation for damage
Langhammerová, Šárka ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
General duty of the employee to provide compensation for damage Abstract The diploma thesis deals with the institute of the general duty of the employee to provide compensation for damage. The employee's general duty to provide compensation for damage stipulates that the employee is liable to the employer for the damage he caused by breaching his or her duties in performance of work tasks or in direct relation to him. Undoubtedly, the issue is still relevant and highly frequent in practice. This institute of labor law is intended to ensure greater protection of the employee as the weaker party of the employment relationship. This advantage for the employee is justified by the nature of the employment relationship where the employee is in a dependent position, as well as the general social and social context. An employee, if he fulfills the preconditions of the general obligation to compensate for damage, has a more advantageous position compared to other pests, which are responsible for the damage according to the general regulation contained in the Civil Code. The thesis attempts to outline and answer important questions about the nature and application of the employee's general employer's liability for damages by using a descriptive, analytical, and comparative method. The work is divided into ten parts....
|
|
|
The Role of Constitutional Courts in Maintaining Political Stability in Latin America
Langhammerová, Šárka ; Střítecký, Vít (advisor) ; Lipovský, Milan (referee)
This thesis concerns the role of constitutional courts in maintaining stability in the country. The thesis first of all introduces the connection between the concepts of stability, security and democracy. With the help of the general theory of disputes and conflicts formed by Shonholtz and the definition of the various roles that courts can play with respect to a political system, this thesis attempts to outline how courts can contribute to security and stability in the country or how they, on the contrary, can disrupt it. In the practical part, the thesis focuses on the region of Latin America. Using the examples from selected countries (Bolivia, Venezuela and Argentina), this work tries to demonstrate the effect of decisions of constitutional courts on stability and security. Crucial in the assessment of their stabilization role is if the courts are able to evoke civic trust in a democratic system and if they have the ability to protect the system effectively. The role of courts in selected cases is assessed using the functional analysis.
|
|
|
European Commission as a Guardian of the Treaties
Langhammerová, Šárka ; Plechanovová, Běla (advisor) ; Parízek, Michal (referee)
This bachelor thesis focuses on the behavior of the European Commission in the infringement of proceedings based on article Article 258 et seq. TFEU. The paper seeks to look behind the borders of mere legal framework of infringement proceeding and deals primarily with the political influences, which can affect the Commission's decision on how to act, as well as the theories, which try to explain and predict its reaction on the violation of Treaties by a Member State or different actors. The structure of the paper is as follows. Firstly, this thesis deals with the Commission's position in the system of the EU, with basic information about the Commission, then raises the question of whether the Commission is independent and impartial, or whether it is under some external or internal political pressures. Secondly, the thesis studies the infringement proceedings and the possibilities, procedures and tools available to the Commission to enforce the law and also how the Commission uses these options in practice. Of course, the paper will also cover the limits of this procedure. The Commission's main limitation of its ability to enforce the law is the lack of resources. This problem helps to resolve its discretion power. It can choose in which case of non-compliance to initiate the infingement...
|
guest ::
