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Independent regulator as a public authority
Klimentová, Eliška ; Pomahač, Richard (referee)
This dissertation thesis presents the elaboration of the issue of Czech independent authorities on the basis of empirical data. For the purposes of the dissertation, an extensive dataset was created, which covers 16 central administrative authorities, the Czech National Bank and the Supreme Audit Office monitored in the period 1993-2021. The dataset also contains data on the heads of these institutions, their professional backgrounds, links to political parties and chances of completing their mandate. A sub-objective of the dissertation is to conduct a quantitative assessment of the formal (de iure) independence of the institutions based on the internationally used Gilardi index. The results of the assessment are useful for categorizing independent administrative authorities and for comparing them internationally. The assessment of formal independence primarily represents a first and necessary step for follow-up research, and the results are included as input data for subsequent analysis. For the purposes of this thesis, a Gilardi index was constructed for 18 Czech institutions (a total of 394 individual independence index values) since 1993. In order to compile the index, it was necessary to analyse the legal regulation of the institutional set-up of the surveyed institutions, including the...
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Setting of Judicial Review in Administrative Matters
Cach, Zdeněk ; Pomahač, Richard (referee)
Setting of Judicial Review in Administrative Matters Abstract The thesis deals with selected types of lawsuits, which are the most common. These three main lawsuits are a lawsuit against an administrative decision, a lawsuit against inactivity and a lawsuit against unlawful interference. The thesis deals primarily with the current problem, that in some cases it is not certain what form of administrative action or inactivity the addressees of legal norms should defend themselves against. This is connected with the question of drawing the line between the different types of lawsuits. Although most of the actions of administrative bodies can be easily classified under a clear form of public administrative activities or inactivity, there are also cases in which this classification causes difficulties not only for the addressees of legal norms but also for the courts themselves. The thesis consists of three main chapters, an introduction and a conclusion. The first chapter provides a description of the current situation, which is characterised by a plurality of types of lawsuits. In the first place, the thesis describes a lawsuit against an administrative decision, which is considered to be the main type of lawsuit. It also discusses selected issues concerning the relation between a lawsuit against unlawful...
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The Extension of the Unacceptability of Cassation Complaint (in 2021)
Hejtmánek, Vojtěch ; Pomahač, Richard (referee)
The diploma thesis deals with institute of the unacceptability of cassation complaint as a filtering mechanism used by the Supreme Administrative Court for the selection of cassation complaints. The thesis briefly explains the theoretical base of the institute and its transformation due to the adoption of the amendment to the Code of Administrative Justice in 2021. The text continues with the critical assessment of the effectivity and rationality of the amendment from its theoretical and empirical perspective. The empiric evaluation is based on the author's own statistical research about ruling of cassation complaints. The author completes the thesis with presenting his ideas and suggestions to adjust the institute de lege ferenda.
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Tailor-made laws in public law
Sharp, Vladimír ; Handrlica, Jakub (advisor) ; Pomahač, Richard (referee) ; Pouperová, Olga (referee)
Tailor-made laws in public law Resumé This thesis deals with the issue of so-called individualised legislation, i.e. laws with an individually determined addressee, a specific subject, or laws lacking any other element of generality or abstraction. Such legislative acts, collectively referred to as tailor-made laws, represent a hybrid between a law par excellence and an individual (administrative) act, thus creating a practical and doctrinal problem both in terms of the separation of powers, and in terms of interference with rights of individuals affected by such laws. When the form of a law is conferred on an individual act, the rights and obligations of explicitly named persons or a specific matter are decided outside the standard procedural regime, which means, among other things, that the persons in question may be deprived of procedural rights, including the right to due process and judicial protection, and such persons effectively find themselves at the mercy of the Constitutional court. Moreover, the vision of a shift to a purely formal conception of legislation raises the question of whether legislation is to be regarded as a universal instrument for the expression of political will, and thus whether the form of law can be freely used to achieve any ends. In this thesis, the author analyses the...
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Cyberspace and information security
Ramešová, Kristina ; Pomahač, Richard (advisor) ; Frumarová, Kateřina (referee) ; Košťál, Vratislav (referee)
Cyberspace and information security Abstract The dissertation deals with information security in cyberspace and cybersecurity. Within the academic community the topic is rather neglected, even though cybersecurity may be seen as a pillar-stone for the undisturbed performance of public administration. The thesis deals with the topic in broader theoretical and practical contexts. Technological changes in society have major influence on legal regulation and practice. Because of that, the first part of the thesis focuses on the key social changes related to digital revolution and globalization, on the values of the information society and on the principles of cybersecurity regulation, as well as on the issues regarding the applicability of law within cyberspace. The second part of the thesis discusses the role of public power in safeguarding the information security in cyberspace. The concepts of cyber defence and cybersecurity are discussed. The concept of information security is presented through the confidentiality, integrity and availability components. The international element is addressed with the perspective of selected rules of the second version of Tallinn Manual. In particular, the problems of attribution of cyber operations, reverse hacking (hack-back) or circumstances precluding wrongfulness of...
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Minorities in Czech and Polish law
Řezníková, Sylva ; Pomahač, Richard (advisor) ; Adamec, Martin (referee)
Minorities in Czech and Polish law Abstract This thesis is devoted to a comparison between the legal regulation of national and ethnic minorities in Czech and Polish law. These two jurisdictions have been selected for comparison due to partly shared legal culture, linguistic proximity, and comparable modern history. The analysis is focused on guarantees provided to national and ethnic minorities in both countries and reveals that while there are many similarities between the two legal cultures, the legal systems differ in numerous ways. In both countries, the basic legal guarantees to minorities are regulated in the constitutions and additionally, legal guarantees to minorities are dealt with comprehensively in acts devoted solely to national and ethnic minorities, i.e., the Act on the rights of persons belonging to national and ethnic minorities, Act No. 273/2001 Coll. in the Czech Republic, and the Act of 6 January 2005 on national and ethnic minorities and on the regional language, (Dz.U. 2005 Nr 17 poz. 141). Both comprehensive minority acts regulate similar fields, such as the right to education in minority languages, the right to dissemination and reception of information in minority languages, the right to multilingual signs and inscriptions, the right to use one's forename and surname in a minority...
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Proceeding of Action against Decision of Administrative Authority
Kozelka, Pavel ; Prášková, Helena (advisor) ; Pomahač, Richard (referee) ; Kryska, David (referee)
Proceeding of Action against Decision of Administrative Authority Abstract The aim of the dissertation is to analyse the legal regulation providing protection of public subjective rights through the procedure of an action against a decision of an administrative authority, regulated by the Administrative Procedure Code, and to assess whether the legal regulation provides sufficient legal protection of public subjective rights, with a recommendation for its modification. The thesis deals with the foundations of the administrative justice system and its principles by looking at the historical development of the procedure of an action against a decision of an administrative authority and then analysing specific institutes of the administrative justice system. The analysis of the organisation of the administrative justice system, which significantly contributes to both the quality and the speed of judicial protection provided by the court, cannot be overlooked. For this reason, the thesis also includes an analysis of the organisation and approach of the Supreme Administrative Court, which decides on cassation appeals against final decisions of courts adjudicating in the administrative justice system, and related issues, including the compensation of costs in the administrative justice system, not only from a de...
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Forms of protection of rights in the administrative judicial review
Codl, Daniel ; Pítrová, Lenka (advisor) ; Pomahač, Richard (referee) ; Vondráček, Jaroslav (referee)
Forms of protection of rights in the administrative judicial review This thesis treats about the regulation of legal actions in the Code of Administrative Judicial Procedure with emphasis on problems related to the choice of the correct legal action type (against a decision, for protection against inaction and for protection against unlawful interference) in borderline cases in which is difficult to determine a form of administrative activity. The main goal is to analyze if it is possible to construct a universal type of administrative legal action, or at least to propose a solution that will make different types of administrative legal actions more permeable. The first part deals with key procedural institutes that are common to all types of actions. In particular it is the concept of public right, which is the basis of active standing to bring an action, and all other legal regulation derives from it. This also includes the issue of suspensory effect and interim measures, as well as incidental review of measures of a general nature. The issue of an administrative action in the public interest, which is only related to an action against a decision, cannot be neglected, although other activities of the administration may also detriment the public interest. In the second part, the thesis deals with...
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Development of decision-making in the field of public procurement
Zapalačová, Michala ; Pomahač, Richard (referee)
- DEVELOPMENT OF DECISION-MAKING IN THE FIELD OF PUBLIC PROCUREMENT As the title of the dissertation suggests, its content is an analysis of decision-making in the field of public procurement, including its evolution. The dissertation is divided into three main chapters, namely the general conclusions on the legal regulation of the review of the procedure of contracting authorities, a specific analysis of decision-making practice and proposals for legal regulation de lege ferenda. In general, the dissertation focused on both national review and the supervision of public procurement by the EU institutions. The dissertant focused mainly on the description of the motion proceedings and ex officio proceedings, the imposition of corrective measures and also the legal regulation of offenses. In the chapter on the summary of general legislation, the dissertant also briefly described the role of the The Office for the Protection of Competition ("Office") and national administrative courts, as well as the role of the Constitutional Court. In the chapter on decision-making practice in the field of public procurement, which is a key part of the dissertation, the dissertation analyzed the issued decisions, especially in the period after the entry into force of the new Public Procurement Act. The described...
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