|
| |
|
|
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...
|
|
|
Proportionality of the electoral system for the Chamber of Deputies
Kohlová, Barbora ; Antoš, Marek (advisor) ; Horák, Filip (referee)
Proportionality of the electoral system for the Chamber of Deputies Abstract Proportional system allocates to a party a percentage of seats equal to the percentage of the votes received in the election. Because of the indivisibility of seats and in the interest of the functionality of the elected body, full proportionality can never be achieved. However, its level can be significantly influenced by manipulating the variables of the electoral system. Because of the contradiction with the principles of proportional representation and the principle of equality required by the Constitution the Constitutional Court in its decision Pl. ÚS 44/2017 just eight months before the elections, it repealed important provisions of the Act on Elections to the Parliament of the Czech Republic, in particular the electoral formula and the additive closing clause for coalitions. Due to the upcoming elections to the Chamber of Deputies, Parliament was forced to quickly adopt a compromising amendment. The main goal of this thesis is to determine whether this amendment, adopted as Act No. 189/2021 Coll., which replaced the existing D'Hondt method with a non-traditional Imperiali quota and introduced a second, nationwide, scrutiny to redistribute the remaining votes, fulfilled the requirements of the Constitutional Court and...
|
|
|
The Fight against Doping in Sport in Interaction with European Union Law: Proportionality of Ineligibility and Anti-Doping Education
Exner, Jan ; Tomášek, Michal (advisor) ; Ondřejek, Pavel (referee) ; Kornbeck, Klaus Jacob (referee) ; Viret, Marjolaine (referee)
Dissertation: The Fight against Doping in Sport in Interaction with European Union Law: Proportionality of Ineligibility and Anti-Doping Education Author: JUDr. Jan Exner This dissertation researches the interaction between the fight against doping in sport and the law of the European Union. It particularly analyses whether the World Anti-Doping Agency and other anti-doping organizations respect the proportionality of ineligibility for doping and related role of anti-doping education. The findings of this dissertation demonstrate that anti-doping organizations have crossed the borders of their conditional autonomy and good governance under European Union law through breach of the proportionality of ineligibility in interaction with anti-doping education. In particular, it concludes that they underestimate the role of education as an anti-doping element, which interacts with proportionality of ineligibility. Anti-doping education raises awareness, informs, communicates, instills values, and develops life skills and decision-making capability to prevent intentional and unintentional doping and its consequences, including a potentially disproportionate ineligibility. As such, it also enables the deterrence effect of anti-doping rules and sanctions. On top of that, the level of anti-doping education is...
|
|
|
The proportionality principle and the deprivation of liberty of a foreigner in administrative law
Holubkovová, Hana ; Kryska, David (advisor) ; Pítrová, Lenka (referee)
The proportionality principle and the deprivation of liberty of a foreigner in administrative law This thesis concerns the proportionality of the deprivation of liberty of the foreigner in Czech Republic. It only covers those types of deprivation of liberty that are specifically applied on foreigners and that are covered by the administrative law. In the first chapter this thesis defines legal concepts of a personal freedom and a proportionality principle. The second chapter covers the level of the international law, namely the article 5 of the European Convention of Human Rights, define legal conditions that a deprivation of liberty must meet and offers a relevant judicature of the European Court of Human Rights. The third chapter covers a deprivation of liberty from a view of the Return Directive (No. 2008/115/EC), the Reception Conditions Directive (No. 2013/33/EU) and the Dublin Regulation (No. 604/2013) and offers judicature of the Court of Justice of the European Union. The fourth chapter comprehends the Czech law and covers three acts, that enable a deprivation of liberty of a foreigner - the Act on the Police of the Czech Republic No. 273/2008 Coll., the Asylum Act No. 325/1999 Coll. and the on the Residence of the Foreign Nationals in the Czech Republic No. 326/1999 Coll. This chapter also...
|
|
|
Growth and Proportional Changes in Chidren at Grammar Schools
Zeťková, Marie ; Vančata, Václav (advisor) ; Ehler, Edvard (referee)
This diploma thesis describes an anthropological survey of pupils in the 8th and 9th grades of certain primary schools in the Zlin Region (Czech Republic), pertaining to which the data thus obtained were subsequently processed and evaluated. The aim of the work was to analyse proportional changes and the biological maturity exhibited by the members of the probands through KEI, based on empirical data, in addition to determining the given somatotype according to the method of Heath & Carter (1967). ANTROPO 2000.2 software was utilized for processing the data. The findings of said research are compared with the data reported by the National Anthropological Survey (Czech Republic, 2001).
|
|
|
The growth of Czech patients with achondroplasia and the possibilities of predicting the growth of individual body segments
Anýžová, Tereza ; Zemková, Daniela (advisor) ; Moslerová, Veronika (referee)
Introduction: Achondroplasia is the most common bone dysplasia. It is caused by mutations in the FGFR3 gene, which is involved in regulation of proliferation and maturation of chondrocytes on the growth plates. Activating mutation results in impaired endochondral ossification and a wide range of symptoms: severe growth disorder with limb shortening, macrocephaly with risk of hydrocephalus, mid-facial dysplasia, sleep apnea, narrowing of the spinal canal, increased risk of respiratory complications, and airway inflammation. The current rapid technological development has led to a better understanding of the processes of epiphyseal growth cartilage, thus enabling the development of new drugs for the treatment of this disorder (modified CNP, soluble FGFR3, meclozine). Nevertheless, current treatment is primarily symptomatic. It is very important to have a growth patterns of patients with achondroplasia who have not been affected by any growth promoting treatment (prolongation surgery, growth hormone). Objectives: The aim of this study is to evaluate the growth of Czech patients with achondroplasia, to compare our data with the world-wide used data by Horton et al. (1978) and the current data by del Pino et al. (2018). The next aim was to verify the accuracy of the multiplier method of final height...
|
|
|
Subsidiarity in EU law
Krátký, Jiří ; Tichý, Luboš (advisor) ; Pítrová, Lenka (referee)
Subsidiarity in EU law English Summary / Abstract The upcoming 30th anniversary of the Maastricht treaty is an opportunity to celebrate but also to critically evaluate the overall success of this significant political step towards deeper European integration. The Maastricht treaty incorporated the Principle of Subsidiarity as a general principle of law into the EU legal system. The Principle of Subsidiarity was intended as a safeguard against a creeping centralization and federalization of the alliance and a means of regulating the exercise of the Union's non-exclusive powers. Thirty years of experience is a good time to evaluate the success and fulfillment of that mission. This is all the more pertinent in 2021 as the EU finds itself on the threshold of a new public debate about the future of Europe. The Principle of Subsidiarity underwent several textual changes on the way to being anchored in the Treaties. Despite these changes the case law of the ECJ has remained for unclear reasons underdeveloped in comparison with other issues and areas of judicial review. The original emphasis placed on a judicial review of the fulfillment of substantial conditions and ex-post control of the principle has lately shifted to the ex-ante procedural one. Unfortunately, even this change did not bring the expected results....
|
|
|
Application of the Lisbon Treaty provisions on involvement of national parliaments in the EU decision-making process 10 years later
Tetourová, Eva ; Král, Richard (referee)
Application of the Lisbon Treaty provisions on involvement of national parliaments in the EU decision-making process 10 years later Abstract Adoption of the Lisbon Treaty has brought about several essential institutional changes in the functioning of the European Union. For example, a further shift towards co-decision by the European Parliament on secondary law that became ordinary legislative procedure. Also, qualified majority voting in the Council has been extended and subjected to the new conditions. Last but not least, the EU competences have been divided as exclusive, shared and supporting. These and related further steps simultaneously gave rise to a more intense involvement of national parliaments, both in the sense of a scrutiny over a due exercise of conferred powers as well as a democratic safeguard of the new processes. The main goal of this thesis is to present a comprehensive picture of existing legal framework in this field, including a brief summary on crucial historical factors that have been shaping it until its current form. Hand in hand with that, it also offers evaluation of the most frequently used mechanisms throughout the 10 years of its application. Consequently, it leads to a reflection on how, and if at all, effectively exploit the potential of national parliaments in this regard,...
|
|
|
Application of the Lisbon Treaty provisions on involvement of national parliaments in the EU decision-making process 10 years later
Tetourová, Eva ; Tomášek, Michal (advisor) ; Grmelová, Nicole (referee) ; Pítrová, Lenka (referee)
Application of the Lisbon Treaty provisions on involvement of national parliaments in the EU decision-making process 10 years later Abstract Adoption of the Lisbon Treaty has brought about several essential institutional changes in the functioning of the European Union. For example, a further shift towards co-decision by the European Parliament on secondary law that became ordinary legislative procedure. Also, qualified majority voting in the Council has been extended and subjected to the new conditions. Last but not least, the EU competences have been divided as exclusive, shared and supporting. These and related further steps simultaneously gave rise to a more intense involvement of national parliaments, both in the sense of a scrutiny over a due exercise of conferred powers as well as a democratic safeguard of the new processes. The main goal of this thesis is to present a comprehensive picture of existing legal framework in this field, including a brief summary on crucial historical factors that have been shaping it until its current form. Hand in hand with that, it also offers evaluation of the most frequently used mechanisms throughout the 10 years of its application. Consequently, it leads to a reflection on how, and if at all, effectively exploit the potential of national parliaments in this regard,...
|
guest ::
