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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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Website blocking in the Czech Republic - proportionality and administrative and judicial review
Gangur, Petr ; Antoš, Marek (advisor) ; Preuss, Ondřej (referee)
The thesis deals with the question of what parameters the blocking of the Internet by the public authorities in the Czech Republic should have in order to meet the Czech and international legal obligations, and also the criteria set by the Constitutional Court and the contemporary doctrinal knowledge. It transforms the found parameters into a constitutionally compliant model of blocking, then evaluates the legal regulation in the Czech Republic according to this model and at the same time looks at the contemporary problems of the Czech legal regulation of blocking in a quantitative perspective. The constitutional model of blocking itself is materialized in two separate tests, the preliminary test and the continuous test. The ten-step preliminary test evaluates both the blocking legislation and the administrative process of blocking individual sites. It thus serves as a basic assessment of the compliance of legislation and legal practice with the requirements imposed by the human rights catalogues that apply to the Czech Republic. The continuous test, which consists of four steps, aims to continuously monitor the necessity of blocking websites, while at least the first two steps of the test can be automatized to a certain extent. The thesis highlights the substantial problems accompanying the...
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Human Rights Limits of Public Enforcement of Competition Law
Bernard, Vladislav ; Mlsna, Petr (referee)
This dissertation thesis deals with the protection of fundamental rights in the context of public enforcement of competition law. In the context of the use of investigative tools by the Office for the Protection of Competition and by the European Commission, the author analyzes whether a comparable level of protection of fundamental rights of individuals affected by investigation of possible anticompetitive conduct is ensured in the analyzed normative systems. The author concludes that the level of protection of fundamental rights varies. According to the author, this phenomenon has its basis in the decision-making practice of relevant courts.
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The separation of powers between the judiciary and the executive in the Anglo-American legal culture
Blažek, Oskar ; Kühn, Zdeněk (advisor) ; Ondřejek, Pavel (referee)
83 The separation of powers between the judiciary and the executive in the Anglo-American legal culture Abstract The thesis elaborates on the Anglo-American model of review of executive action. The aim of the thesis was to determine whether the Anglo-American model, or its individual attributes, are compatible with the Czech constitutional order. In other words, whether Czech administrative law could be inspired by the Anglo-American model. To this end, the thesis describes the organisation of executive review in the United Kingdom and the USA. On this basis, the thesis presents both the form of the Anglo-American model as a whole and its individual features. Emphasis is placed on an examination of the nature of quasi-judicial or quasi-administrative tribunals and on the issue of review by the ordinary courts, judicial review. In the final part of the thesis, an assessment of the compatibility of the Anglo-American model with the requirements of the Czech constitutional order on the form of administrative justice is made. In addition to this analysis, the thesis offers a view on a possible concept of Czech administrative justice inspired by the Anglo-American model. This corresponds to the primary motivation for writing the present thesis. This was an effort to find out whether it is possible to draw...
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Negative decisions on international protection in the light of judicial review
Hrdlička, Vladan ; Pítrová, Lenka (referee)
Negative decisions on international protection in the light of judicial review Abstract The presented work analyzes the decision-making practice of Czech courts in cases of rejected applications for international protection in the Czech Republic. It covers the decision-making paragraphs of the Czech Asylum Act so that the reader can get an idea of the functioning of the asylum system in the Czech Republic. The work aims to be practical and in many places the study of selected cases focuses on controversial moments, in which the court comes to the opposite conclusion than the administrative body. The right to asylum is enshrined in Article 43 of the Charter of Fundamental Rights and Freedoms and the Asylum Act is an integral part of the Czech legal system. In a detailed analysis of the merits of disputed cases, the submitted work will present the closest possible profile of an applicant for international protection, who is close in his fate to an asylum-relevant persecuted person, as well as a foreigner who is threatened with serious harm if returning to his country of origin or last permanent residence. The legal institute is always mentioned and subsequently disputes that have been intercepted by the Czech administrative courts during the review of the defendant decisions are traced to it. The selected...
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Setting of Judicial Review in Administrative Matters
Cach, Zdeněk ; Staša, Josef (advisor) ; Rajchl, Jiří (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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Judicial review of administrative decisions in the area of television and radio broadcasting
Vojtěch, Adam ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
55 Abstract - Judicial Review of Administrative Decisions in the Area of Television and Radio Broadcasting The aim of the thesis is firstly analyzing the system of radio and television broadcasting in the Czech Republic and the legal environment in which this system exists. In the beginning the thesis describes historical development of broadcasting in our country since monopoly state broadcasting system to the present dual system, which enables private subjects to run their own broadcasting. Furthermore, the thesis analyzes the role of the Czech Broadcasting Council as a central administrative body in the scope of media market. The Council grants broadcasting licences and registrations but primarily supervises whether broadcasters fulfil their duties established in the Broadcasting Act. In case they do not, the Council releases an administrative decision and may impose sanctions against broadcasters. The crucial part of this thesis deals with judicial review of the above mentioned administrative decisions. It describes legal regulation of the judicial review and deals with basic questions regarding the content of broadcasting. Firstly, it aims at judicial decisions regarding the legal requirement to present objective, impartial and unbiased information under section 31 of the Broadcasting Act. Moreover, it...
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Powers of the Constitutional Court of the CR and the Federal Constitutional Court of the Federal Republic of Germany (a comparison)
Ladýřová, Šárka ; Jirásková, Věra (advisor) ; Suchánek, Radovan (referee)
(abstrakt v anglickém jazyce) The main contents of this dissertation (diploma paper) is a study of jurisdiction of The Constitutional Court of the Czech Republic and of The Federal Constitutional Court of Germany and their comparison. The first part of this work describes in brief the genesis of the constitutional jurisdiction and its two basic types. Afterwards there is characterized the constitutional jurisdiction in Germany and in the Czech Republic and next there is described legal regulation and organisation of the German and Czech constitutional courts. Further I deal with the jurisdiction of constitutional courts (of european continental type) in general. In the second part of this work, first I give a general idea about jurisdiction of the German and Czech constitutional courts. After it I already deal with analysis of their single, selected competences - in the concrete: regulation control (judicial review), constitutional complaint, judicial review of international conventions and questions of jurisdiction. I have not focused on the other competences, which the both constitutional courts dispose of. Firstly there is no need to analyse them for the sake of insight into the problem, secondly there should be kept adequate range of this work. The third part results from the analysis of the...
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Negative decisions on international protection in the light of judicial review
Hrdlička, Vladan ; Pítrová, Lenka (referee)
Negative decisions on international protection in the light of judicial review Abstract The presented work analyzes the decision-making practice of Czech courts in cases of rejected applications for international protection in the Czech Republic. It covers the decision-making paragraphs of the Czech Asylum Act so that the reader can get an idea of the functioning of the asylum system in the Czech Republic. The work aims to be practical and in many places the study of selected cases focuses on controversial moments, in which the court comes to the opposite conclusion than the administrative body. The right to asylum is enshrined in Article 43 of the Charter of Fundamental Rights and Freedoms and the Asylum Act is an integral part of the Czech legal system. In a detailed analysis of the merits of disputed cases, the submitted work will present the closest possible profile of an applicant for international protection, who is close in his fate to an asylum-relevant persecuted person, as well as a foreigner who is threatened with serious harm if returning to his country of origin or last permanent residence. The legal institute is always mentioned and subsequently disputes that have been intercepted by the Czech administrative courts during the review of the defendant decisions are traced to it. The selected...
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Methods of control over states of emergency in the Czech Republic
Mainclová, Eliška ; Kudrna, Jan (advisor) ; Syllová, Jindřiška (referee)
What are the ways of controlling extraordinary legal states in the legal system of the Czech Republic? Is parliamentary control of states of emergency sufficient and effective? Are states of emergency in the Czech legal order reviewable at the judicial level? What is the meaning and purpose of control over states of emergency? These are the questions that the author of the diploma thesis addresses using the example of a coronavirus pandemic in 2020 and 2021 as a case study. She assumes that states of emergency can be controlled and argues why and to what extent she considers it necessary in the conditions of a democratic state governed by the rule of law, to which the Czech Republic subscribes. In the first part of the thesis, the author defines the concept of a state of emergency as it is understood in theory and presents the individual states of emergency de lege lata. In the second part, the author presents a systematics of possible means of control, including parliamentary and political control, judicial review, and international supervision; she concludes the overview of legal means of control with an important addition of informal control by experts, the media, and society. At the same time, she presents research questions or hypotheses and addresses what is the aim and purpose of control of...
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