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Cassation complaint in administrative justice
Štulík, Jan ; Mikule, Vladimír (advisor) ; Sládeček, Vladimír (referee)
This thesis deals with cassation complaint which is defined as a (extraordinary) remedy against the final decision of a regional court in administrative justice. Cassation complaint is one of the most important changes which were established by reform of administrative justice in the Czech Republic. This reform was accomplished by the Act No. 150/2002 Coll., Code of Administrative justice. This thesis is divided into seventeen chapters. The first chapter deals with history of administrative justice in the territory of the Czech Republic, focused on development of remedies against the decision of administrative courts. The second chapter is about functions of remedies in judicial procedure. The third chapter is an attempt to describe remedies in the system of French, English and German administrative justice. Attention is paid to European courts too. Code of Administrative justice set up the Supreme Administrative court which is defined as the highest judicial authority in matters within the jurisdiction of courts of administrative justice. Its most important task is to guarantee the unity and legality of decision-making of administrative courts. Characteristic and functions of the Supreme Administrative Court are described in the fifth chapter. The next chapters work at the characteristic of...
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Direct democracy in the Czech republic
Pechanec, Pavel ; Pavlíček, Václav (advisor) ; Sládeček, Vladimír (referee) ; Jirásek, Jiří (referee)
The main topic of the presented dissertation is the direct democracy and its legal institutions incorporated in the legal order of the Czech Republic. The first part of the dissertation is dedicated to the democracy as a government form and to the historical breakthroughs in its development. The key historical milestones on the way from despotism, through the Athen democracy, followed by long period of democratic deficit, up to the renaissance of democracy during bloody revolutions are mentioned as well. Further attention is paid to the representative and direct democracy, their mutual compatibility and definition of basic elements within both conceptions. The second part is referred to the direct democracy legal institutions in the legal order of the Czech Republic. Historical commentary is followed by general interpretation de lege lata. The direct democracy legal institutions are pursued from the year 1918 to the present. Merely commentary on the petition law goes deeper into history. Within recent legislation it is being proceeded from larger to smaller (a maiori ad minus). Our attention is in the first instance focused on the direct democracy legal institutions in the constitutional order of the Czech republic. Subsequently, their implementation in so called "common legislation" is described,...
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Municipal self-government in the Czech Republic: theoretical and historical basics
Malast, Jan ; Kopecký, Martin (advisor) ; Sládeček, Vladimír (referee) ; Průcha, Petr (referee)
The dissertation deals with the municipal self-government specifically focusing on its theoretical and historical background. The aim of this work was to elaborate the municipal self-government, not only to transcript or write a comment on the legal regulation, but also to inspect the assigned problem by the optics of legal theory, legal history and political science perspectives. This dissertation should provide a comprehensive perspective on the issue of municipal self-government, not only in its current legal regulation, but also identifying its theoretical backgrounds and historical roots. This paper primarily defines a set of institutions that can be summarized as fundamental theoretical aspects of public self-government (emphasizing the specifics of local or municipal self-government). In the context of the origin and development of modern public administration the work examines the main causes which led to the incorporation of elements of self-government into the modern administration. These reasons proceed not only from its historical and social roots of communal co-existence of human society, but are significantly based on political ideals forming the vertical division of public authorities within the natural effort of inhabitants in discharging from the traditionally centralized state...
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Liability for Damage Caused by Exercise of Public Authority Focusing on the Institute of Regress Damages
Vyskočilová, Martina ; Sládeček, Vladimír (referee)
Liability for Damage Caused by Exercise of Public Authority Focusing on the Institute of Regress Damages This thesis focuses on liability for damage caused by exercise of public authority with an emphasis on the institute of regress damages as stipulated by Act. No. 82/1998 Sb. The institute of regress is emphasized throughout my paper as the fundamental research questions are: How is the institute expressed by positive law? Is it being used or is it only an empty provision? And how exactly is it being used? What is the success rate? If it is not used, what are possible reasons? The text is divided into four parts with subparts of first and second level. First part analyzes the key terms such as liability, damage, public authority and its entities. There is a disctinction between the public authority entity, who is liable for the damage, and the actual bodies, who exercise the authority. I also included a brief subchapter related to damage caused by lawful exercise of public authority. Second part analyzes how liability for damage caused by public authority is enshrined in the Czech Republic. First I addressed constitutional and international aspects, followed by provisions of Act. No. 82/1998 Sb., which is the foundation stone of the regulation. Third part is dedicated to the institute of regress...
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Review of secondary legislation before the administrative courts
Wagner, Martin ; Sládeček, Vladimír (advisor) ; Rychlý, Tomáš (referee)
The relationship between constitutional and administrative justice might be defined as very close. In many fields of their jurisdiction, including the judicial review of legal regulations, there is no strict line of demarcation. Contrary to the control of constitutionality of laws that unambiguously belongs to constitutional courts, the judicial review of legal regulations other than laws (secondary legislation) may be under certain circumstances performed also by administrative justice. Pursuant to the Article 87, paragraph 3, letter. a) of the Constitution of the Czech Republic, a law may stipulate that in respect of repeal of legal regulations, which are in violation of the law, rulings shall be issued by the Supreme Administrative Court in place of the Constitutional Court. Notwithstanding the foregoing, such constitutional delegation has not been applied till now and mentioned review of secondary legislation still belongs to constitutional justice. The major objective of this study is to analyse specifics, advantages and imperfections of secondary legislation review performed by administrative courts. In the first part, the thesis focuses on historical development of models of administrative justice (with special attention to judicial review of legal regulations) and also mentions related...
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Abstract The public administration itself is bound by applicable legal provisions. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strict legal procedure with corresponding legal mechanisms, which aim to remedy the status caused by unlawful action or inaction of the public administration. The object of this dissertation focuses, in particular, on analysis of individual means of protection of rights in public administration (i.e. the issue of the protection of public subjective rights) and their mutual relationships between them at level of legal regulation de lege lata. However, certain space had to be dedicated also to the procedures of public administration in matters related to private subjective rights as even the public administration decides on certain matters of private law. As regards the protection of private rights by public administration I mentioned the dualism of the review of decisions of public bodies and certain examples of public administration deciding on matters of private subjective rights. Further I stressed the issue of civil liability related to the conduct of public administration, i.e. liability for damages caused by unlawful decision and unlawful procedure. Pursuant to the act on liability for...
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Municipal self-government in the Czech Republic: theoretical and historical basics
Malast, Jan ; Kopecký, Martin (advisor) ; Sládeček, Vladimír (referee) ; Průcha, Petr (referee)
The dissertation deals with the municipal self-government specifically focusing on its theoretical and historical background. The aim of this work was to elaborate the municipal self-government, not only to transcript or write a comment on the legal regulation, but also to inspect the assigned problem by the optics of legal theory, legal history and political science perspectives. This dissertation should provide a comprehensive perspective on the issue of municipal self-government, not only in its current legal regulation, but also identifying its theoretical backgrounds and historical roots. This paper primarily defines a set of institutions that can be summarized as fundamental theoretical aspects of public self-government (emphasizing the specifics of local or municipal self-government). In the context of the origin and development of modern public administration the work examines the main causes which led to the incorporation of elements of self-government into the modern administration. These reasons proceed not only from its historical and social roots of communal co-existence of human society, but are significantly based on political ideals forming the vertical division of public authorities within the natural effort of inhabitants in discharging from the traditionally centralized state...
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Comparison of Czech and Polish administrative Judiciary
Kryska, David ; Mikule, Leoš (advisor) ; Sládeček, Vladimír (referee) ; Filip, Jan (referee)
1 Abstract The aim of this thesis is to explore the institute of administrative judiciary in the Czech Republic and the Republic of Poland using the comparative method. Its purpose lies in proving traditional similarity of administrative judiciary in both countries which potentially allows mutual influencing in different areas of legislation, application of law and jurisprudence. The work is divided into nine parts. In Chapter 1 of this thesis the author focuses on defining the concept of administrative judiciary, how it is comprehended in both analysed countries, its purpose and function. In this part administrative judiciary is distinguished from other forms of judicial reviews of public administration and it is outlined here which of these forms cannot be considered as a part of administrative judiciary. Administrative judiciary is formally characterized as judicial procedure (in technical meaning) whose purpose lies in the control over public administration and protection of civil rights. In Chapter 2 the author describes the development of administrative judiciary in both countries. A special significance in this matter is given to the Austrian tradition of administrative judiciary that was adapted by Czechoslovakia and Poland when both sovereign states came into existence on the territory of the...
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