|
|
Inaction and delays in proceedings as disciplinary offenses of judge in the Czech Republic
Slivková, Kateřina ; Pohl, Tomáš (advisor) ; Zahradníková, Radka (referee)
Inaction and delays in proceedings as disciplinary offenses of judge in the Czech Republic Abstract The present rigorous thesis deals with the topic of disciplinary liability of judges in the Czech Republic, specifically the disciplinary offence of inaction and delays in proceedings, as the most frequently criticized ailment of the Czech judiciary, whether it is the lay or professional public. On the one hand, the thesis defines the theoretical framework and the legal regulation on which the issue of disciplinary offences of inaction and delays in proceedings is based (in particular Act No. 6/2002 Coll., on Courts, Judges, Judges and the State Administration of Courts and on Amendments to Certain Other Acts, as amended, and Act No. 7/2002 Coll, on proceedings in respect of judges, public prosecutors and bailiffs, as amended), but at the same time the rich case law of both the European Court of Human Rights relating to disciplinary proceedings in the Czech Republic and the Constitutional Court is presented, and last but not least the case law of the disciplinary chambers of the Supreme Administrative Court. The thesis presents an analysis of the decisions of the disciplinary chambers of the Supreme Administrative Court in the years 2008 - 2023, whereby the analysis examines the methods of decision-making...
|
|
|
Compensation of Non-Material Damage Caused by Excessive Length of Judicial Proceedings - Comparison of Czech and German Legislation
Soukupová, Soňa ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This diploma thesis concerns the legislation governing compensation of non-material damage caused by excessive length of judicial proceedings in the Czech Republic and in the Federal Republic of Germany. In cases where prevention of excessive length of judicial proceedings is impossible, it is important at least to put suitable legislation in place in order to compensate for the arising non-material damage. The aim of this thesis is to make an overview of the respective Czech and German legislation, to compare and evaluate de lege ferenda. The thesis deals in detail with the case law of the ECHR concerning the right to trial within reasonable time since this is the base for both legislations being compared. This thesis consists of five chapters. The first chapter defines non-material damage and provides overview of general legislation governing non-material damage in the Czech Republic and in the Federal Republic of Germany, including its development in both countries. The second chapter concerns conclusions of ECHR case law in this matter, which is the basis for both national legislations. The third and fourth chapters focus on Czech and German legislation. The structure of these chapters is similar, describing which legal regulations govern this matter, their force, evaluation of proceedings...
|
|
|
Protection against delays in administrative proceedings and in proceedings before administrative court
Koudele, Lukáš ; Kryska, David (advisor) ; Svoboda, Petr (referee)
Protection against delays in administrative proceedings and in proceedings before administrative courts Abstract The subject of this work are delays in administrative proceedings (where its legislation marks them as inaction) and before administrative courts. A delay is a state in which a certain act in the proceedings for some reason is not undertaken at the time within which it should be done. Reasons for delays may vary. They may be objective, which may consist of a number of cases that a person decides, whether it is due to insufficient staffing of the authorities in charge of the proceedings, or because of the deficiencies in the organization of work with that authorities, or may consist in the necessity of following the sequence of a process involving the necessity to perform an act that precedes the given operation. Reasons for delays can also be subjective, due to the lack of speed of work, either due to laziness or incompetence. The Charter of Fundamental Rights and Freedoms speaks of the duty to discuss the matter without unnecessary delays. This obligation applies both to administrative proceedings and to proceedings at the administrative courts. Since this is a law regulation, which applies to constitutional order, other legal norms can not contain a rule that would be inconsistent with the...
|
|
|
Delays in civil procedures
Hlaváčková, Daniela ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The topic of this essay is questioning unadequate length of legal proceeding in Czech Republic, especially analysis and evaluation of particular aspects, as well as legislative effort to set up institutions which would accelerate the process. The purpose of this essay is to review the current state, evaluating how much responsibility lies on current legal regulations, effectivity of justice or approach of participants themselves, as well as suggesting possible solutions of problems related to the length of the proceeding, looking for inspiration in foreign law regulations. The essay offers several solutions that lead to increase of the effectivity of justice. One of the examples is delegating part of agenda defined by law to other authorities, either state public administration bodies or private subjects such as mediators or arbitrators. Another suggested method is empowering the administrative apparatus and other juridical staff accompanied with precise definition of function of this auxiliary manpower. Another contemplation is inspired by European legal regulations, particularly in the field of appealing to court and extending the mandatory counselling to all kinds of legal actions except the petty cases.
|
guest ::
