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The principle of subsidiarity in a criminal law
Raček, Pavel ; Novotný, Oto (advisor) ; Šámal, Pavel (referee)
The principle of subsidiarity in a criminal law Summary The Master's degree thesis analyzes the principle of subsidiarity in a criminal law as an actual topic beacause this principle is included in the new czech penal code in art. 12 para 2: "The crime responsibility and its consequences can be applied only in social harmful cases if an application of an other kind of a law responsibility is insufficient." However before the new penal code was passed the czech Constitutional Court and Supreme Court had dealed with the principle of subsidiarity in a criminal law in their judgments. The first chapter reports on a general definition of the principle of subsidiarity and the ultima ratio principle and concludes that the phrasing in the citied art. 12 para 2 is too "thin" because the criminal law should be subsidiary not only to the other law but also to the all social tools. The second chapter deals with the principle of subsidiarity as a rule for an interpretation. In the new czech penal code this principle can be used only for the interpretation of these words describing crimes which are not expressed to unequivocal. The next chapter refers to the german "theory of law goods" (Rechtsgutstheorie) and the term social harm. The judgements of the german Constitutional Court are taken into consideration. The...
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Preliminary Control of the Subsidiarity Principle after the Lisbon Treaty in Practice of the Parliaments of the Czech Republic and Italy
Krause, Eva ; Váška, Jan (advisor) ; Šlosarčík, Ivo (referee)
The presented bachelor thesis focuses on an analysis of the principle of subsidiarity in the legislation of the European Union - its theoretical basis and applied practice. The author provides a theoretical part in which the principle is presented in the legislation together with changes in status of national parliaments after the Lisbon Treaty, inter-parliament cooperation, the early warning system and academic reflexion regarding the topic. The core of the paper is in evaluation of efficiency of the control mechanism of the early warning system in the context of parliaments of the Czech Republic and Italy. Key words: European Union, Lisbon Treaty, National Parliaments, Principle of Subsidiarity, Early Warning System
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Preliminary Control of the Subsidiarity Principle after the Lisbon Treaty in Practice of the Parliaments of the Czech Republic and Italy
Krause, Eva ; Váška, Jan (advisor) ; Šlosarčík, Ivo (referee)
The presented bachelor thesis focuses on an analysis of the principle of subsidiarity in the legislation of the European Union - its theoretical basis and applied practice. The author provides a theoretical part in which the principle is presented in the legislation together with changes in status of national parliaments after the Lisbon Treaty, inter-parliament cooperation, the early warning system and academic reflexion regarding the topic. The core of the paper is in evaluation of efficiency of the control mechanism of the early warning system in the context of parliaments of the Czech Republic and Italy. Key words: European Union, Lisbon Treaty, National Parliaments, Principle of Subsidiarity, Early Warning System
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The principle of subsidiarity in a criminal law
Raček, Pavel ; Novotný, Oto (advisor) ; Šámal, Pavel (referee)
The principle of subsidiarity in a criminal law Summary The Master's degree thesis analyzes the principle of subsidiarity in a criminal law as an actual topic beacause this principle is included in the new czech penal code in art. 12 para 2: "The crime responsibility and its consequences can be applied only in social harmful cases if an application of an other kind of a law responsibility is insufficient." However before the new penal code was passed the czech Constitutional Court and Supreme Court had dealed with the principle of subsidiarity in a criminal law in their judgments. The first chapter reports on a general definition of the principle of subsidiarity and the ultima ratio principle and concludes that the phrasing in the citied art. 12 para 2 is too "thin" because the criminal law should be subsidiary not only to the other law but also to the all social tools. The second chapter deals with the principle of subsidiarity as a rule for an interpretation. In the new czech penal code this principle can be used only for the interpretation of these words describing crimes which are not expressed to unequivocal. The next chapter refers to the german "theory of law goods" (Rechtsgutstheorie) and the term social harm. The judgements of the german Constitutional Court are taken into consideration. The...
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Procedural aspects of mediation in EC law
Rivera, Eva ; Tomášek, Michal (advisor) ; Pauknerová, Monika (referee) ; Zavadilová, Marta (referee)
Procedural aspects of mediation in EC law Eva Rivera, 2011 1 Abstract The objective of this dissertation is the determination of the significance of procedural aspects of mediation and the answer to the question to what extent it has been considered within European Union law. The research is based on the assumption that the acknowledgment of a procedural relevance of mediation is crucial for its overall effectiveness. Mediation is besides its feature as a communication technique becoming ever more important as a dispute resolution procedure for civil and commercial conflicts in Europe. In this context the role of mediation within and in relation to other procedures for the resolution of disputes has to be considered. While on one hand the terminology and the differences between mediation and other forms of Alternative Dispute Resolution (ADR) as well as certain judicial attempts of settling disputes may not always be easily determined, on the other hand, it can be stated that the ADR form of mediation is beyond its early stages and clearly shows its own procedural relevance. The comparison of European national jurisdictions in the field of mediation leads to a core definition of mediation as a voluntary process where a third person without the authority to pass a binding decision over the dispute between...
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