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An educational legal entity
Šípová, Adéla ; Vopálka, Vladimír (advisor) ; Millerová, Ivana (referee)
46 8. Resumé v anglické jazyce -Summary in English Educational legal entity Educational legal entity is a new type of legal entity established under Act No. 561/2004 Coll. (the "Schools Act"). There are not many of these legal entities at the moment as they represent a brand new institute, more often used by church schools to which this concept has brought many simplifications when compared to the previous regulation. Educational legal entity is specific due to the fact that it can be established only for the purpose of operation of primary business in the education sector in accordance with Section 3a of Act No. 561/2004 Coll. The issues of the educational legal entity shall be governed by the applicable provisions of the Commercial Code unless the law specifies otherwise. When compared to other legal forms, in particular the allowance organisation as the most common operator of schools, differences are traced mostly in the higher level of management autonomy. Educational legal entity may administer its own property, create monetary funds etc., which will allow for a better use of the property and a more effective long-term planning. The manager of the school is, at the same time, the authorized representative of the educational legal entity. He must comply with the conditions for practice of the position...
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Administrative delicts relating to the construction and occupancy of buildings
Koláček, Martin ; Millerová, Ivana (referee) ; Staša, Josef (advisor)
This thesis deals with administrative offences relating to carrying out a construction and to occupancy of a construction. The main reason I have chosen this subject-matter consists in the fact that building and construction law has been, is and certainly is going to be one of the legal domains of major importance in the life of a society. What has, furthermore, motivated me to deal with this subject was the coming into force of the new Construction Act which brings, in many aspects, substantial changes to the current regulation. The subject-matter of my thesis led me, through analysis of different facts of administrative offences under the Construction Act, to a better understanding of all the key institutes of the construction law. The whole work is divided into eight chapters. The first and the second chapter introduce the subject of administrative offence and make for understanding of this institute in a wider context. The first chapter deals with penalty in administrative law which is understood as the decision process of administrative agencies on culpability and liability for illegal conduct. The first chapter also mentions some fundamental principles applying in this domain. Second chapter deals with administrative offences in general. It deals with the characteristic features of particular offences...
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Basic procedural rights of parties to administrative procedure
Moravec, Ondřej ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
This diploma thesis deals with basic procedural rights of parties to administrative procedure. The aim of the thesis is to analyze and evaluate their current legal regulation particularly contained in the Act No. 500/2004 Coll., administrative code, as amended. The thesis is divided into an introductory chapter, five chapters and a conclusion. The aim of the introductory chapter is to introduce a reader to the issue of fair trial and basic procedural rights of parties to Czech administrative procedure. The first chapter deals with definiton of basic terms related to administrative procedure. The second chapter focuses on more detailed explanation of participation of parties to administrative procedure. The aim of the third chapter is to summarize different approaches towards the concept of fair trial and to bring a list of analyzed basic procedural rights of parties to administrative procedure. The fourth chapter deals individually with each of the fourteen analyzed basic procedural rights. The fifth chapter concentrates on the application of basic procedural rights incorporated in administrative code to special administrative proceedings, which is demonstrated on the case of two proceedings regulated by the Act No. 111/1998 Coll., as amended. The conclusion evaluates the statutory regulation of...
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Legal standing of neighbours in the procedures to grant planning permission
Jílková, Zuzana ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
Legal standing of neighbours in the procedures to grant planning permission The Diploma Thesis Zuzana Jílková Abstract The Diploma Thesis entitled "Legal standing of neighbours in the procedures to grant planning permission" presents an analysis of the concept of the "neighbour" in the individual procedures to grant a planning permission under the Building Act, namely the planning permission proceedings, the summary planning permission proceedings, the planning consent issuance, the conclusion of a public contract and the regulatory plan issuance. Procedural rights of the neighbour are analysed in detail. The neighbour, in its capacity as an interested person, may actively use these rights and thereby influence the course and outcome of the proceedings. The thesis focuses primarily on the planning permission proceedings and objections which neighbours may raise against the construction project under the conditions set out in the Building Act. The aim of the thesis is to create an image of the neighbour by means of an analysis of the various procedures and to outline the problematic aspects of the current legislation regarding in particular the defence before the administrative courts in the simplified procedures. The utilized sources were legislation, literature, case law and official opinions of the...
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