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Parliamentary immunity: Czech legal regulation in force in the European context
Částková, Eva ; Syllová, Jindřiška (referee) ; Suchánek, Radovan (referee)
This rigorous thesis is dedicated to the topic of the parliamentary immunity focusing on both of its parts - i. e. irresponsibility and inviolability. Parliamentary immunity is comprehended as purely functional instrument designated for the protection of the parliament as a whole and not only of its individual members. The thesis is especially devoted to the analysis of the legal regulation of the parliamentary immunity in force laid down in the article 27 of the Constitution of the Czech Republic taking in account relevant opinions of the Czech legal law researchers and appropriate judicial decisions. It also points out the relevant parts of the legal regulation of parliamentary immunity in foreign countries for comparison as well as the practice of the European Court of Human Rights. In order to take in account all aspects of this topic, the author adverts to the historical evolution and tries to outline possible solutions of some questions connected with parliamentary immunity. Special part of the thesis focuses on the parliamentary immunity in the European Parliament. In the conclusion the author considers that parliamentary immunity has still its importance, especially the irresponsibility and consequently takes a think on de lege ferenda legal regulation.
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Amendments unrelated to the subject-matter of a bill in the legislative practice of the Czech Republic
Fenclová, Martina ; Suchánek, Radovan (advisor) ; Syllová, Jindřiška (referee)
of the Thesis "Amendements unrelated to the subject-matter of a bill in the legislative practice of the Czech Republic" The aim of the thesis was to describe the matter of amendments unrelated to the subject- matter of a bill. The first chapter of the thesis gave an introduction into the legislative procedure in Czech Republic and presented possible ways how an unrelated amendment can become a part of a bill. The second chapter was focused on unrelated amendments themselves. Firstly, it explained their essence and gave examples. Afterwards, unrelated amendments were characterised from different points of view, e.g. who and why iniciates them, why are they problematic, and how they can be sorted. The third chapter paid attention to selected decisions of the Constitutional Court of Czech Republic. The fourth chapter presented possible ways of how to prevent legislators from adding unrelated provisions to the bills according to contemporary rules and also mentioned possible ways how legislative rules can change.
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Legal reguation of the position of political parties
Musil, Michal ; Suchánek, Radovan (advisor) ; Syllová, Jindřiška (referee)
Legal regulation of the position of political parties The thesis examines the legal regulation of political parties in the Czech Republic, which is an essential part of constitutional law. The thesis is composed of eight chapters, usually broken down into the following subchapters. The first chapter provides a general definition of a political party and its role in the democratic rule of law. The second chapter deals with the historical development of Czech political parties law and its relevance to current treatment. The third chapter discusses the applicable law regulating the status of political parties in (Act No. 424/1991 Sb., on association in political parties and political movements, the constitutional foundations of law and separation from the state. The next two chapters assesses the creation of political parties and modification of membership. The sixth chapter deals with issues of abolition and dissolution of political parties, suspending their activities and dissolution. Much of this chapter is devoted to the case of dissolution of the Workers' Party, and I come mainly from the case of the Supreme Administrative Court. The seventh chapter is focused on the financing and management of political parties. There is also laid emphasis on the law of the Constitutional Court, which on several...
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The right to assemble in the CR
Červenka, Filip ; Kudrna, Jan (advisor) ; Suchánek, Radovan (referee)
This thesis concerns the current legislation and practical issues of the right to assemble in the Czech Republic. In the introduction is described the development of the right of assembly from the year 1948 until the adoption of the current law, the Right of Assembly Act. The present legislation is based on the notifying principle. An Assembly shall therefore not be subject to permission of public authority. The legal framework of the right to assemble at national level consists primarily of Article 19 of the Charter of Rights and Freedoms and the Act No. 84/1990 Coll., on the Right of Assembly. In the field of international law is the respective regulation included mainly in the article 21 of the International Covenant on Civil and Political Rights and Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The work describes the most important institutes of the right of assembly, such as the convening of the assembly and the convening person, the rights and obligations of the convener, participants and the authority, spontaneous gatherings, prohibition and dissolution of an assembly. More attention is paid to situations where there are conflicts between the convener and the authority, which strives to prevent some assemblies. This was also the question...
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Freedom of assembly in the Czech Republic
Voršilka, Marek ; Hofmannová, Helena (advisor) ; Suchánek, Radovan (referee)
The thesis addresses the legal regulation of the freedom of assembly in the Czech Republic, aiming to analyse the current version of the Assembly Act, point out certain problematic aspects and suggest improvements de lege ferenda, critically assess the relevant case law and provide a comparison with legal regulations in some other countries. Part Two analyses the meaning of the freedom of assembly and the term "assembly", summarising and assessing different opinions on what constitutes an assembly. It addresses the constitutional principle that no permission may be required for organising public assemblies and its implication for so called "accesory activities" during assemblies. Part Three examines the requirement to notify the council about planned assemblies. The time requirement prescribed by the Czech law is compared to the requirements in 30 other - mostly European - countries. The formal requirements of the notifications are analysed in detail. Part Four concerns the power of the council to prohibit an assembly in advance. A considerable part is devoted to the critical evaluation of the case law regarding prohibition of assemblies and the issue of large-scale false notifications, where both constitutionally conform interpretation and amendments of the law are suggested. Conditions under which the...
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"Legislative derivations from common legislative process".
Pechancová, Marie ; Kysela, Jan (advisor) ; Suchánek, Radovan (referee)
The paper mainly focuses on legislative deviations from common legislative process in the Czech Republic. For the purpose of comparison it also considers the deviations in Germany and Austria. The derivations are divided into three groups. Firstly, in case of subject derivations the special process rules are reasoned by a specific character of the topic (typically enacting of constitutional or financial law). Secondly, there are accelerating derivations, which are intended to shorten the legislative process. Last but not least, crisis derivations are included. These are used in crisis situations such as war, natural disasters or parliament's incapacity to work. To be more specific, the major section is focused on summary proceedings on law proposals, whereby the position of both parliamentary chambers equals; proceedings on financial law proposals, which are excluded from the voting in the Senate; proceedings on statutory of the Senate measures, which are enacted during the dissolution of the Chamber of deputies; proceedings on law proposals in compliance with the Security Act; law adoption at the first reading, law adoption in the state of legislative emergency, adoption of a law which is connected with a vote of confidence and finally legislative process, which implements the decision of the Security...
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Elections to Municipal Councils in the Czech Republic
Pacovský, Jiří ; Hřebejk, Jiří (advisor) ; Suchánek, Radovan (referee)
- Elections to Municipal Councils in the Czech Republic The topic of my Master'degree thesis are the elections to municipal councils in the Czech Republic. I chose this topic mainly because these elections receive considerably less attention of professional literature and the media than other kinds of elections, particularly the elections to the Chamber of Deputies. It is so, although the decisions made by the municipal councils often have the biggest impact on the lives of ordinary people. Also this year, there were some interesting cases related to the elections to municipal councils that the Constitutional Court had to decide and that only made my interest greater. The aim of this thesis is to give a complex description of the legislation concerning the elections to municipal councils, to try to give some evaluation of this legislation and to suggest some possible changes to this legislation. This thesis consists of introduction, eight chapters and conclusion and its structure is essentially based on the structure of the Act No. 491/2001 Sb., on Elections to Representative Bodies of Municipalities and on Amendments to Certain Other Laws as amended. The introduction pursues the reasons why the elections to municipal councils receive such relatively small attention and the problems which the...
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Proceedings before the Constitutional Court
Svobodová, Žaneta ; Hřebejk, Jiří (referee) ; Suchánek, Radovan (referee)
The subject of this thesis is Constitutional Court proceedings. The Constitutional Court of the Czech Republic and its proceedings are still topical owing to important cases which influence not only the broad public but also the course of events in general. This judicial body responsible for the protection of constitutionalism has made a mark with a number of important cases and judicatives. It has issued a lot of awards which represented a major intervention in our law system. Hence, the judicature of the Constitutional Court becomes a key part of the constitutional practice, and it has started to significantly influence legal practice in general. In my thesis I have focused on the procedural law aspects of proceedings before the Constitutional Court while trying to highlight the significance of this constitutional institution
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Constitutional Judiciary in Spain
Borská, Nela ; Mlsna, Petr (advisor) ; Suchánek, Radovan (referee)
Summary: Constitutional judiciary in Spain The subject of this thesis is constitutional judiciary in Spain. According to the Spanish Constitution of 1978 Spain belongs in the group of states which have established a system of concentrated and specialized constitutional judiciary. In the Czech legal literature is the Spanish constitutional judiciary mentioned mainly as a system based on the German constitutional judiciary, writings dedicated exclusively to the Spanish system are not very common. In spite of the fact that the legislative regulation of the Spanish Constitutional Court was really importantly inspired by the regulation of the Federal Constitutional Court of Germany (especially in the area of competencies of the Constitutional Court), there are also some significant particularities and typical features of the Spanish Constitutional Court which can be an interesting subject of an analysis. The aim of the thesis is to provide a characterization of the Spanish constitutional judiciary. Because of the limited length of the thesis this study does not contain a detailed analysis of all aspects of the Spanish constitutional judiciary. I have focused only on some topics of the Spanish constitutional judiciary, particularly on the topic of the position and the importance of the Constitutional Court in the...
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