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Legislative Process in EU: Statistics and Overview
Kovařík, Tomáš ; Burget, Radek (referee) ; Očenášek, Pavel (advisor)
This bachelor thesis focuses on the legislative process of the European Union in terms of carrying out every single step of the process. The first part deals with the legislative process and its steps which are further analyzed along with the individual approval procedures. The second scheme of the application together with various kinds of statistics is described in the second part. The Third part deals with the description of the formerly created application for the depiction of created outlines, charts and statistics.
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History and present of the legislative process in the Czech Republic and the Federal Republic of Germany
ŠTIKOVÁ, Linda
This bachelor thesis focuses on the issue of the legislature as an integral part of any rule of law. Specifically, the thesis focuses on the creation of primary (statutory) regulations and secondary (sub-statutory) regulations in a comparative perspective of the Czech Republic and the Federal Republic of Germany. The historical context of lawmaking during the existence of a pluralistic political system, which to some extent inspired the current legislation, is also briefly outlined. The question of the effectiveness of the lawmaking procedure in terms of public knowledge is also key, since it is the transparency of legislation that plays a significant role in the everyday life of citizens.
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Building Act: public interest or public conflict? The process of creation of the Building Act from the perspective of key stakeholders with focus on care for public interests
Voldřichová, Magdaléna ; Rynda, Ivan (advisor) ; Špecián, Petr (referee)
This diploma thesis deals with the process of preparation of the new Building Act, with regard to negotiation and balancing of public interests, specifically on the protection of nature, landscape, environment and cultural values. The thesis examines both the legislative process of adopting a law and the representation of the specified public interests in it. At the same time, the thesis reflects the outcome of the procedure, respectively whether and how the protection of the above-mentioned public interests will be treated in Act No. 283/2021 Sb. The research is conceived as an explanatory case study aiming not only to understand the phenomenon, but also to thematize the relationships of the involved stakeholders. The key sources of data for the research were written materials and expert interviews. The main finding is that the legislative procedure was legal and in accordance with procedural requirements, despite not fully standard. The legislation is also legitimate, adopted by legitimate political representation with eligible expert backing, and there are mechanisms for the protection of the selected public interests included. Key words: building act, legislation, legislative process, public interests, conflict of interests, decision-making process
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Deficits of contemporary law-making in Czech Republic
Crha, Miroslav ; Wintr, Jan (referee)
The deficits of conteporary law-making in the Czech Republic Keywords: legislative process, Parliament, legisprudence Abstract: The thesis concerns contemporary law-making process in the Czech Republic in an effort to identify its weak spots, which can lead to low-quality laws being created and passed. Rating the quality of legislative process is considered by the author to be impossible without a proper philosophical and theoretical basis. Such basis is found in the theory of legisprudence, which was conceived by L. Wintgens. Legisprudence is a theory of rational law-making and it presents itself as an alternative to mainstream jurisprudence that is focused mainly on interpreting law. In accordance with legisprudence, the legitimacy of law is dependent on bringing positive outcomes compared to a situation of absence of law. Philosophically, legisprudence is based on social contract as a mandate for the lawmaker to pass laws that only minimally encroach on freedoms. Principles of legisprudence and the requirements on lawmakers that it formulates, are applied on specific parts of the law-making process in Czech Republic. Specifically, administrative procedure of legislative drafting, legislative technique, explanatory memoranda, regulatory impact assessment, and parliamentary procedure are examined. These...
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Does RIA Really Evaluate Regulatory Impact? The Case of the Czech Republic
Jára, Karel ; Schwarz, Jiří (advisor) ; Cahlík, Tomáš (referee)
Regulatory Impact Assessment/Analysis (RIA) has become a hot topic in the world politics as well as economic research in the last 20 years. Its basic definition as a tool to improve regulatory quality using cost-benefit analysis is viable only in the case when it is properly implemented for all potential sources of regulation, one of which is parliament with its amendments to bills. After summing up basic information about RIA and its history and surveying relevant literature on RIA, this thesis performs a pioneer analysis of the changes in regulatory impact of laws caused by parliamentary amendments. A sample of all laws passed in the Czech Republic in 2010 is studied. The passed amendments to these laws are analysed and it is found that only 3 out of 20 bills with RIA had amendments which made no changes in regulatory impacts of the bill. This supports the conclusion that the RIA implementation should take these amendments into account. Another finding is that circumventing of the RIA system occurs also in the case of non-governmental bills, which are not subject to RIA in the Czech Republic, as 18 of 32 bills without RIA did not have it due to their non-governmental origin.
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The Comparison of the Presidency in the Czech Republic, Germany and Austria.
Bednář, Martin ; Koubek, Jiří (advisor) ; Polášek, Martin (referee)
Annotation: In my Bachelor thesis I compare the roles of Presidents in the political systems of the Czech Republic, Austria and Germany. Despite that fact that all these neighbouring states are culturally linked and all account for parliamentary regimes, the heads of states in these countries carry out their functions in very different manners. The position of the Presidents are in my thesis examined with the help of the Tsebelis's theory of vetoplayers. The aim is to look into the fields of personal policy, foreign policy and legislative process and to ascertain, through the analysis of political and constitutional works, the exact role of the Presidents in these areas. Key words: president, head of state, The Czech Republic, Germany, Austria, constitutional competences, constitutional practice, personal policy, foreign policy, legislative process
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Status of Deputy of the Czech Parliament in legislative process
Kočí, Kristýna ; Bureš, Jan (advisor) ; Wintr, Jan (referee)
The main purpose of my thesis entitled "The legislative process - the role of Members of Parliament" is to analyze the process of preparing, making and passing laws by the Parliament of the Czech Republic, focusing on the role of Members of Parliament in the legislative process (including comparisons between members of the coalition, opposition and non- attached) and provide a comparison theory, therefore, the possibility of the constitution and other laws and actual practice.
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The role of obstructions in the Czech legislative system
Sedláček, Martin ; Brunclík, Miloš (advisor) ; Švec, Kamil (referee)
The main goal of this thesis is to describe the use of obstruction mechanisms in the Czech legislative system, where in the Chamber of Deputies of the Parliament of the Czech Republic, as key legislative institutions of the parliamentary system, has been making massive damages in the form of blocking the negotiation of draft laws for many years. The reasons that led to the Rules of Procedure of the Chamber of Deputies permitting the existence of this phenomenon are not quite obvious, but they are an integral part of the parliamentary culture of our country, which existence is mainly used by the legislative minority. Even though the Rules of Procedure have a clear wording, which allow the existence of obstructions, their use is often considered as unconstitutional, as their use often exceeds the affordable limit. The main objective of this theses is to introduce to the reader all the instruments that help to obstructions and subsequently to show their use in practice during the meetings of the Chamber of Deputies within the last three parliamentary term, including the period in progress.
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Deficits of contemporary law-making in the Czech Republic
Crha, Miroslav ; Ondřejek, Pavel (advisor) ; Wintr, Jan (referee)
The deficits of conteporary law-making in the Czech Republic Keywords: legislative process, Parliament, legisprudence Abstract: The thesis concerns contemporary law-making process in the Czech Republic in an effort to identify its weak spots, which can lead to low-quality laws being created and passed. Rating the quality of legislative process is considered by the author to be impossible without a proper philosophical and theoretical basis. Such basis is found in the theory of legisprudence, which was conceived by L. Wintgens. Legisprudence is a theory of rational law-making and it presents itself as an alternative to mainstream jurisprudence that is focused mainly on interpreting law. In accordance with legisprudence, the legitimacy of law is dependent on bringing positive outcomes compared to a situation of absence of law. Philosophically, legisprudence is based on social contract as a mandate for the lawmaker to pass laws that only minimally encroach on freedoms. Principles of legisprudence and the requirements on lawmakers that it formulates, are applied on specific parts of the law-making process in Czech Republic. Specifically, administrative procedure of legislative drafting, legislative technique, explanatory memoranda, regulatory impact assessment, and parliamentary procedure are examined. These...
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