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The role of national parliaments in legislative process of European union
ZÍMOVÁ, Kristýna
The aim of this thesis was to analyze roles of national parliaments in legislative process of European union and consider to which section and how can national parliaments influent the content and form of secondary law. In the theoretical part is described historical process of the state of national parliaments in European union and defined their todays roles. In the practical part was analyzed involvement and activity of national parliaments in EU. The first part of analysis is about czech parliamentary chambers and their adjustment for involvement in the union legislative process. The second part of analysis was examined the control mechanism for subsidiarity. Last part of analysis examined the whole activity involvement and actvity of national parliaments in the legislative process in reporting period in years 2014-2018.
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Social Ethical Aspects of Welfare State
GALÍKOVÁ, Alice
Diploma paper is considering social ethical aspects of Welfare State. In the introduction is characterized Welfare State, it´s history, attitudes to it and the elementary typology of social state. The main part of the paper is divided into three parts - human being, family and state in relation to social state. Each chapter consists of describing part and social ethical critic of Welfare State effect, which was the aim of paper. From all three angles on that issue it appears that negative influence of contemporary (that means overinflated) is dominant. First of all it´s loss of responsibility for persnons own life, loss of motivation to work, own initiative and creativity and creating dependence on social benefits. There is obvious fundamental negative effect on family functionality, which social roles was mostly taken by state. Constant increasing of social benefits outgoings in exchange for political support of left-wing parties appears as destructive. This fact could eventually endanger democratic growth of state.
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The Principle of Subsidiarity of the Administrative Procedure Code
Jemelka, Luboš ; Mikule, Leoš (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
Jemelka, L. The Principle of Subsidiarity of the Administrative Procedure Code, dissertation. Prague: Charles University in Prague, Law Faculty, 2012 In this dissertation I address the principle of subsidiarity of the Administrative Procedure Code, in particular I address the issue of current, previous and future application of the general rules of administrative proceedings in certain administrative proceedings and other procedures of the administrative bodies. This topic, which is close to my profession, is seen from the practical as well as from the theoretical point of view. The Czech administrative proceedings are analysed in both aspects de lege lata and de lege ferenda. In introduction of this dissertation I describe basic terms relevant for definition of the mutual relation between legal acts. I emphasize mainly the possible meaning of the term subsidiarity and particularly its meaning expressed by the rule lex specialis derogat legi generali. I also address other terms such as reference, analogy ect. Assessment of the application and subsidiarity of the Administrative Procedure Code is not limited to the current legal framework, but covers also applicability of the principle of subsudiarity of the Administrative Procedure Code in the past. It is necessary discuss the previous legal...
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Classification of rural municipalities by developmental potential
Skála, Vít ; Potůček, Martin (advisor) ; Majerová, Věra (referee) ; Kupčák, Václav (referee)
The issue of rural areas in the Czech Republic concerns about 5,800 municipalities, what is 93 % of all municipalities in the CR. These municipalities cover more than three-quarters of the CR territory where live over 3 million inhabitants, more than one third of the total population of the CR. Although there is consensus that the countryside faces a lot of problems which affect the lives of many people on a large territory, the adequate attention to this topic is still not given by official authorities. This confirms the facts that the CR has not adopted a clear definition of rural areas yet and the rural policy is not a priority of programs of political parties. But the urgency of solving problems in recent years stepped up. Quantity of scientific teams that focus on countryside problems increased. They are defined different typologies of rural areas, are seeking methods for dissolve disparities among different areas, there are efforts to measure the development potential of municipalities. This work is in accordance with these initiatives and by mixed research methods defines Development Potential Index (DPI). The DPI consists from 101 individual indicators. Verification of created index was done on data of 18 small villages located in three different regions of the Czech Republic, for which...
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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....
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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,...
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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,...
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Česko-bavorské vztahy v oblasti regionálního rozvoje po roce 1990
Křížová, Diana
This thesis deals with the relations between the Czech Republic and the Land of Bavaria on a bilateral and multilateral level and regional cooperation dated from 1990 to the present. The aim is to carry out an analysis in the bilateral relations and contacts between the Czech Republic and Bavaria and to perform a content analysis of the documents and the development of cross-border cooperation in the selected regions. The important part of the work is the comparison of the area and its historical development, the importance of mutual agreements and profile tools for cooperation. The development of Czech-Bavarian relations is then discussed with regard to the role of the European Union and with a view of possible future solutions to a more effective cooperation.
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