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Rejection of an application for citizenship of the Czech Republic due to a security threat
Hlubučková, Kristýna ; Hřebejk, Jiří (advisor) ; Uhl, Pavel (referee)
Rejection of an application for citizenship of the Czech Republic due to a security threat Abstract This diploma thesis focuses on the analysis of a minority opinion, based on the thesis that a restriction of procedural rights of applicants for citizenship whose application was rejected due to a security threat is not fully in line with the principle of poportionality and the fair trial right. The assessment of whether the principle of proportionality has been mainteined is based on comparison of the value of state security and the potential interference with the (fundamental) rights and freedoms of the applicants. Furthermore, the thesis deals with the procedure of the Ministry of the Interior in assessing the positions of the intelligence services of the Czech Republic and the Police of the Czech Republice and the role of the Constitutional Court and the Ombudsman in the proces of reviewing potential interference with (fundamental) rights and freedoms of citizenship applicants. For the purpose of the analysis of the statements outlined above is used: case law of the Constitutional Court of the Czech Republic on the provisons of Article 22 Paragraph 3 and Article 26 of Act No. 186/2013 Coll., On Citizenship of the Czech Republic, and the Explanatory Memorandum to this Act. The studies of academics had been...
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The Role of Constitutional Organs in Ensuring the State Security
Dienstbier, Jakub ; Jirásková, Věra (referee)
1 The Role of Constitutional Organs in Ensuring the State Security Abstract This diploma thesis deals with question, what role are constitutional organs, such as President of the Republic, Government, Parliament and Security Council of the State, playing in the security system of the Czech Republic. For this purpose, the thesis shows the constitutional system of the Czech Republic on the example of position of President of the Republic. Main part of the thesis is based on analysis of President's status as Commander in Chief of armed forces because of the lack of complex attention of Czech constitutional doctrine. According to that, the thesis describes Czechoslovak constitutional development in the first place and compares it with present legal framework. The thesis uses all methods of legal interpretation from the constitutional point of view as well as knowledges of other academic disciplines and interprets the constitutional terms "armed forces" and "Commander in Chief". This interpretation is followed by the criticism of statutory regulation and assess the content of Commander in Chief`s authority. The thesis express other presidential activities with security dimension, too. The thesis especially justifies presidential rights and competencies in connection with intelligence agencies. In other part, the...
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The Role of Constitutional Organs in Ensuring the State Security
Dienstbier, Jakub ; Jirásková, Věra (referee)
1 The Role of Constitutional Organs in Ensuring the State Security Abstract This diploma thesis deals with question, what role are constitutional organs, such as President of the Republic, Government, Parliament and Security Council of the State, playing in the security system of the Czech Republic. For this purpose, the thesis shows the constitutional system of the Czech Republic on the example of position of President of the Republic. Main part of the thesis is based on analysis of President's status as Commander in Chief of armed forces because of the lack of complex attention of Czech constitutional doctrine. According to that, the thesis describes Czechoslovak constitutional development in the first place and compares it with present legal framework. The thesis uses all methods of legal interpretation from the constitutional point of view as well as knowledges of other academic disciplines and interprets the constitutional terms "armed forces" and "Commander in Chief". This interpretation is followed by the criticism of statutory regulation and assess the content of Commander in Chief`s authority. The thesis express other presidential activities with security dimension, too. The thesis especially justifies presidential rights and competencies in connection with intelligence agencies. In other part, the...
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The Role of Constitutional Organs in Ensuring the State Security
Dienstbier, Jakub ; Kudrna, Jan (advisor) ; Hřebejk, Jiří (referee)
1 The Role of Constitutional Organs in Ensuring the State Security Abstract This diploma thesis deals with question, what role are constitutional organs, such as President of the Republic, Government, Parliament and Security Council of the State, playing in the security system of the Czech Republic. For this purpose, the thesis shows the constitutional system of the Czech Republic on the example of position of President of the Republic. Main part of the thesis is based on analysis of President's status as Commander in Chief of armed forces because of the lack of complex attention of Czech constitutional doctrine. According to that, the thesis describes Czechoslovak constitutional development in the first place and compares it with present legal framework. The thesis uses all methods of legal interpretation from the constitutional point of view as well as knowledges of other academic disciplines and interprets the constitutional terms "armed forces" and "Commander in Chief". This interpretation is followed by the criticism of statutory regulation and assess the content of Commander in Chief`s authority. The thesis express other presidential activities with security dimension, too. The thesis especially justifies presidential rights and competencies in connection with intelligence agencies. In other part, the...
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