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Procedure of application for a planning permission
Třešňák, Michal ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
Thesis title: Procedure of application for a planning permission This diploma thesis deals with the planning permission proceedings, which is a proceeding to render the planning permission that is one of all instruments of land-use planning. The aim of this thesis is to cover the planning permission proceedings and to outline problematic aspects that are relevant in legal regulations. Beside relevant legal regulations the author results from literature and jurisdiction above all of the Highest Administrative Court of the Czech Republic. In introduction defines basic terms and subsume the topic into legal context and covers the goals and aims of land-use planning, as well as individual conceptual and realization instruments. In second chapter describes individual types of planning permissions and cases, when they are needed and on the contrary, cases, when it is possible to place projects into land without these planning permissions. Third and the most comprehensive part of the thesis dedicates to the most important institutes of the planning proceedings and analysis actual legal regulation, focusing provisions that can be problematic to apply correctly. Especially deals with the positions of juristic persons as defined in Building act, ways of delivering and proceeding of discussion of civil...
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Clinical trials of pharmaceuticals
Nedvědová, Michaela ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
This master thesis is a description of the clinical trial, which is part of medical law un- der the law aspects. This thesis is split to topic, whose a brief outline is in the introduction. Process of the clinical trial and their institutions are discussed under the law and medical aspects. Resources of this thesis are a professional literature, knowledge of experts from pharmaceutical company and my own experience from part-time job in this type of com- panies. Aim of the thesis is to bring more resources and information about that topic to experts and other people who are interested in. This thesis is devided into five chapters. First chapter is speaking about a general insti- tute in the clinical trial. There are listed sources of the law. In the next chapter I deal with the process of the clinical trial from the begining i.e. from the development of a new sub- stance through the clinical trial to the final registration. The chapter about the european law regulation is following. In the fourth chapter I deal with the ethical aspects, which are conected with clinical trial. In that part I emphasised the influence of the international ethical documents. The last chapter is conclusion, where I describe the goal of this master thesis and also I am linking to the opinions of authorities regarding the...
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Protection of Personal Data
Šolc, Martin ; Millerová, Ivana (referee) ; Kopecký, Martin (referee)
This rigorous thesis deals with the protection of personal data. This is an issue relating to each of us, thereby personal data and its protection becomes very significant legal phenomenon. The thesis includes alongside the initial part, where a concept of personal data and a sense of its protection is described, also treatise on historical development of international law on protection of personal data and on constitutional ground too. The largest part is devoted to the Act on the Protection of Personal Data and its legal regulation of protection of personal data, which is also the main formal source of its legislation. It is followed by the part dedicated to the protection of personal data according to selected special laws. And the last part of the thesis is a treatise on the possibilities of judicial protection. The thesis strives for comprehensive and thoroughgoing analysis of protection of personal data in terms of generally binding legal regulations, and for the identification of weaknesses in the legislation on protection of personal data, as well as for its clear and logical submission eligible also for use of law laymen.
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Personal data protection while carrying on business
Hricová, Kateřina ; Kryska, David (advisor) ; Millerová, Ivana (referee)
Personal data protection is only one of many specific fields of administrative law. In everyday life, personal data and their protection are quite wide area that deserves our full attention and it's possible to study it extensively. This diploma thesis deals specifically with personal data protection while processing them. First of all, it defines the right to privacy and the term personal data. Further, it deals with basic legal requirements concerning personal data processing based on Act no. 101/2000 Coll., on the protection of personal data, including transfer of personal data to other countries and its recent development in Safe Harbor principles that are rules for transfer of personal data into United States of America. Besides personal data being a unique tool to distinguish individuals from each other, they are a very useful and valuable tool in business too. Therefore the most common way of personal data processing is while carrying on a business. At the end of this thesis, some specific situations were chosen to demonstrate how entrepreneurs process personal data of their customers and other persons they come into contact with. Then the basic obligations of data processing are analyzed with respect to real situations.
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Powers of municipalities
Mráčková, Jana ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
Resüme Titel: Die Zuständigkeit der Gemeinden Das Hauptziel dieser Diplomarbeit besteht darin, die Zuständigkeit der Gemeinden in der Tschechischen Republik zu beschreiben. Die heutige gesetzliche Regelung schließt sich seit 1990 wieder an die ehemals Ősterreichisch-Deutsche kommunale Tradition des gemischten Vollzugs der öffentlichen Verwaltung an. Nach einer nötigen kontextuellen Einführung (in der Form der Abgrenzung des Begriffes der "Zuständigkeit" und in der Form eines kurzen historischen Exkurses des Verlaufs der gesetzlichen Regelung bis zum Jahr 1990), folgt das Kapitel über den übertragenen Wirkungskreis der Gemeinden. Das Ziel dieses Kapitels ist die Verankerung dieser Zuständigkeit innerhalb der Rechtsordnung der Tschechischen Republik, ihre Prinzipien und ihre Funktionieren zu zeigen. Der eigene Schwerpunkt dieser Arbeit ist in den Kapiteln zu finden, die den eigenen Wirkungskreis der Gemeinden beschreiben. Erst beschäftigt sich die Arbeit mit der verfassungsrechtlichen Verankerung und mit dem Vergleich des Rechts auf die Selbstverwaltung in der Tschechischen und Deutschen Rechtsordnung. Danach ist die Konzeption und die eigene Regelung des eigenen Wirkungskreises der Gemeinden in der Tschechischen Republik und in der Bundesrepublik Niedersachsen beschrieben. Der Vorsatz der Beschreibung der...
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The role of mayor in the bodies of a municipality
Kolářová, Jana ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
The main objective of this thesis is to provide information about the legal status and activities of a municipality mayor. The topic is related to the analysis of municipality organization and relations among its institutions according to the current legislation, as well as the evaluation of the position of a mayor in various situations that he may encounter during the performance of his duties. The thesis can be divided into several parts. One part consists of the first two chapters which describe the development of local governments and their current legislative framework. The next part consists of chapters Three to Five which deal with the specific functions of a mayor, his rights and obligations in various situations, the start and the end of his mandate, and the position of a deputy mayor. The last part is chapters Six and Seven which describe the legislative framework for local governments in Slovakia and the election process of a mayor there. The seventh chapter primarily deals with the problem concerning the changes in the way mayors are elected in the Czech Republic, from indirect election to a direct one. This diploma thesis is an attempt to summarize information related to the topic. It concerns various spheres of activities of a mayor, legislative framework of the function, which...
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Selected limitations of the right to obtain information
Joklík, Jakub ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The right to obtain information is now an essential attribute of any democratic state serving as a tool for control of public authority. This right is not illimitable and alludes to a number of limitations. The aim of this paper is to take a closer look on some of these limitations. The paper consists of three chapters while its core is in the third chapter, which is divided into three subchapters. The topic of each subchapter is always different restriction on the right to obtain information. The first chapter deals with the very concept of the right to obtain information and mentions its historical ties to the freedom of speech. Ending of the first chapter is aboutlegal grounds of the right to obtain information in the Czech Republic. The second chapter is about general aspects of restrictions on the right to obtain information. Various constitutional and legal provisions on the possible restrictions on the right to obtain information are mentioned as well as some important decisions of the European Court of Human Rights in Strasbourg. The third chapter is divided into three subsections. Within each subsection, the paper focuses on the different limitation onthe right to obtain information. The aim of the first subchapter is to introduce the issue of providing information on the salaries of...
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Problematic aspects of public tenders from the perspective of a municipality
Hájková, Petra ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
The problematic aspects of awarding of public procurement from the perspective of the municipality. The aim of this thesis is a presentation of certain problems associated with awarding of public procurement by public authority - the municipality. This thesis is divided into three parts. The first part provides a general introduction to the topic. This part defines the basic terms and principles associated with public procurement, attention is also focused on a definition of local government units. At the beginning of the second part a legal framework of public procurement and a brief view of the future legislativ is presented. The most important section of this part describes bodies of the municipality and their competences associated with awarding of public procurement. Thereafter it deals with mistakes and shortcomings which may arise during the tender process from the part of municipalities. In this part specific situations coming from the practical experience of municipalities are described and analysed, including a list of potential impacts on municipalities. Attention is also paid to current jurisdiction and decision making practices of the Office for Protection of Competition. The final part of this thesis summarizes the conclusions drawn in the previous chapters.
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Position and activities of the Czech Bar Chamber
Beranová, Tereza ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
- Position and activities of the Czech Bar Chamber The topic of my thesis is "Position and activities of the Czech Bar Chamber". The purpose of the thesis is to analyze the role, importance and functioning of the professional chamber which associates over of 12 000 attorneys. I have chosen this particular topic as I think the available literature dealing with professional chambers, particularly the Czech Bar Association (hereinafter CBA) is not up-to- date and does not comprehensively cover the current status of this institution. In addition to the descriptive passages the thesis includes statistical data analysis, reflections on the current state of the CBA and its possible transformation. The thesis is composed of five chapters; the first chapter is a brief introduction to the issue of self-government. It covers what this term means, explains the dividing of self- government and focuses on describing the related terms. The second chapter provides an insight into the history of attorney self-government. Its formation and development is presented including the production of relevant legislation from the late 19th century through the period of the first Republic of Czechoslovakia, to the era of the destructive socialist regime until the post-revolutionary renaissance of freedom of advocacy. The key...
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Legal protection of cultural heritage in the Czech Republic
Bauerová, Veronika ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
A few words of introduction (Abstract) In addition to analyzing the concepts of culture, cultural heritage, this thesis mainly deals with the issue of state monument care regulated by the act no. 20/1987 Coll., on State Monument Care, as amended, which is currently valid legislation providing protection cultural monuments and other objects. Since the cultural heritage not only cultural monuments and other objects protected by the act no. 20/1987 Coll., deal with the next part cultural objects, which are regulated by the act no. 71/1994 Coll., on Sale and Export of Cultural Value, as amended, marginally deals with the archival documents as stipulated in the act no. 499/2004 Coll., on Archives and Records Service and amending certain laws, as amended, and museum collections (the collections) which are subject to regulation by act no. 122/2000 Coll., on Protection of Museum Collections and amending certain other acts, as amended. I believe that this work makes sense, because a student or potentional readers may help to understand and summarize the issue of protection of cultural heritage, also may aid in interpretation of the act no. 20/1987 Coll. and also can serve in the future comparison with currently debated new act on the protection of the heritage fund, which is fully replace the applicable legislation.
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