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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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Sanctions for administrative delicts and protective measures
Moravec, Ondřej ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This thesis deals with sanctions and protective measures. The thesis primarily discusses types of sanctions and protective measures that may be imposed for administrative delicts; it also addresses circumstances to be considered in imposing sanctions. The goal of this paper is to provide a comprehensive review of the current law of sanctions and protective measures concerning administrative delicts. Various legal and practical problems and inadequately solved questions surrounding the imposition of sanctions are emphasized. Parts of the thesis, especially its conclusion, address a reform of administrative punishment and future legislative measures regarding this important function of organs of public administration. Chapter I focuses on sanctions for violations. The introduction to this chapter is rather theoretical and is devoted to definitions of basic concepts of administrative penalization. This part further defines the terms of "sanction" and "administrative punishment". The conclusion of this chapter then analyzes the purpose of sanctions and includes their list and a summary of past legal enactments. The second part of Chapter I contains an analysis of types of sanctions governed by the current statute of administrative delicts as well as other statutes. This part describes a reprimand, fine,...
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Sanctions and protective measures regarding administrative infractions
Geuss, Hana ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The aim of the thesis is to provide an overview of sanctions and measures of pro- tection which can be imposed as a result of administrative offences according to the Czech Act on Administrative Offences and attempt to answer some of the questi- ons regarding problematic issues of the Czech regulation. In view of the fact that the new Act on Responsibility for Administrative Offences, which is replacing the current Act on Administrative Offences on July 1, 2017, was approved during the time this thesis was being written, the thesis describes new elements in the field of sanctions for administrative offences which the new regulation brings. The thesis comes with a comparison with a foreign regulation, especially aiming to find out whether some elements of the foreign regulation could be used in the Czech regu- lation. The thesis consists of six chapters. In the first chapter, it deals with a general introduction to the problems of sanctions, explains a term of sanctions in adminis- trative punishments, their purpose and particularities of the sanctions in the field of administrative punishments. A part of the first chapter is also an overview of punishing administrative offences in the area of the Czech Republic in the past. The second chapter analyses each of the sanctions in detail and outlines...
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Regulation of virtual operators in the Czech Republic
Winkelbauer, Erik ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The aim of this thesis is to provide an overview of the rights and obligations of mobile virtual network operators in the Czech Republic and the corresponding rights and obligations of mobile network operators. The first part of the paper looks at electronic communications in general. It begins with a description of the development of European Union electronic communications legislation, the currently valid Electronic Communications Act and its relation to the Code of Administrative Procedure. The paper then presents the legal regulation of administrative supervision, competition law, public consultation procedure, notification procedure and the procedural regulation of adopting a measure of general nature. The authority and the organization of the Czech Telecommunication Office (CTO) and a classification of the business models used by mobile virtual network operators is then detailed. The second part of the text addresses legal rules directly governing mobile virtual operators, commencing with the legal prerequisites for the provision of electronic communications services and a notification of intention to commence the provision of these services. A thorough exploration of the legal regulation of the access and interconnection and reference offers based upon this regulation is then included. The paper...
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Keeping records of administrative delicts
Růžičková, Zuzana ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This master's degree thesis deals with keeping records of administrative delicts in the Czech Republic. It mainly focuses on the central register of offenses which is new, yet unknown institute. Its implementation was recently approved by Parliament. Even though the law is not yet effective, it has attracted considerable media interest since it aims to deal with minor offenses relapsing. The reason for my research is to examine these new possibilites. The purpose of my thesis is to summarize the existing situation in the field and to analyze various aspects of the new central register. The thesis is composed of seven chapters. The preface introduces the topic, the structure and the main goals of this thesis. The second chapter is theoretical. It briefly defines basic terminology and explains what is an administrative offence, in which categories it can be divided and what are its essential features. The third chapter examines which registers do we have, which information can we find there and what is their purpose. The fourth chapter concentrates on issues related to the central register. I compare the pros and cons and also give a thought about whether or not to punish minor offenses relapse by criminal law. The fifth chapter is devoted to the central register of offenses in the form it was approved by the...
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Price regulation of medical drugs in the Czech Republic
Földeš, Michal ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
The purpose of the thesis is to complexly cover the area of pricing regulation of medicinal products in the Czech Republic. That means to analyze relevant Czech legislation and decision-making by the supreme judicial bodies in the country, investigate their historical background, compare conclusions already made in the area, and introduce own original suggestions. The reason for the research is an insufficient amount of sources covering the chosen topic, and in particular, the absolute absence of published papers which would embrace the topic of pricing regulation of medicinal products in the Czech Republic as whole. The thesis is composed of three chapters, each of them dealing with different aspects of the pricing regulation of medicinal products. Chapter One is introductory and defines basic terminology used in the thesis: price, pricing regulation, pricing decision, and medicinal product. Chapter Two examines the historical background of current legislation and possible approaches in the area of pricing regulation of medicinal products in the Czech Republic. Chapter Three provides an outline of current scheme of pricing regulation of medicinal products under Czech law with respect to the relevant judicial decisions. Conclusions are drawn at the end of the paper. The main aim of the thesis is to...
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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 last part of the thesis dedicated to the protection of personal data according to selected special laws. 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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The right to information
Strava, Ondřej ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The text deals with the question of defining what exactly right to information is. As the public debate concerning different institutes of the right to information and transparency goes on intensively and extensively in the Czech republic as well as worldwide, it has become the aim of the author to search for the roots of the right, of both its restrictive and extensive scope and its guiding principles. Such a research should be useful for the interpretation and the aplication of the relevant law and serve as a guide for the proper understanding of the rights' social and legal importance. The first part of the text after the introduction describes the term of the right to information, it's evolution in history, philosophical, political and legal basis and contemporary meaning. The following chapter concerns itself with the material sources of the right, i. e. the reason and meaning of the existence of the right. It explains the rights' commonly recognized width and depth and its liberal and conservative tendencies reaching from the current events into the even more informational based future. The conflict of the right with the other interests of modern society is covered and the different formal sources of the right are listed demonstratively. The third chapter examines the universally acknowledged...
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Information law according to act. No. 106/1999 Coll., on free access to information
Houšková, Ivana ; Handrlica, Jakub (referee) ; Millerová, Ivana (referee)
v anglickém jazyce Information law according to act. No. 106/1999 Coll., on free access to information The goal of this paper is to reflect on contemporary and former state act. No. 106/1999 Coll. and its practical application by communities, regions and their allowance organizations and at the same time reflect on planned and suitable amendments and main barriers of easy practical application act. No. 106/1999 Coll. Outcome of this paper is that subject, that provides informations and requesters for information have different interests and planned amendments of act. No. 106/1999 Coll. aim their effort to solution of undisputed problems. Undisputed problems is especialy terminology of act. No. 106/1999 Coll., zero interconnection or unclear interconnection between InfZ and other laws, unclearness procedural tasks and chaotic mandatory promulgated informations.
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