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The Supreme Administrative Court of Czechoslovakia - its formation and development
Kučera, Miroslav ; Kuklík, Jan (advisor) ; Skřejpková, Petra (referee)
This thesis deals with the formation and development of the Supreme Administrative Court of the Republic of Czechoslovakia. Given that this institution in our country was built on similar principles as the previous administrative court in Vienna, there is a part of the work given to the development of Supreme Administrative Court in Vienna and also briefly discusses the development of directions of administrative judiciary in Europe, because only in mutual relations you can understand why after an establihment of the independent Republic of Czechoslovakia, the concept of the Supreme Administrative Court in Vienna used in our conditions as well. In particular, thanks to this and the legislative framework, the Supreme Administrative Court of Republic of Czechoslovakia could be constitued in a very short time after the establishment of the Republic of Czechoslovakia. The following is gradual evolution of the court changes its powers and jurisdiction, including amendments to the Act made about him. In addition, this work also addresses the issue of the seat of the Supreme Administrative Court, staffing its decision-making.
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Review of secondary legislation before the administrative courts
Wagner, Martin ; Sládeček, Vladimír (advisor) ; Rychlý, Tomáš (referee)
The relationship between constitutional and administrative justice might be defined as very close. In many fields of their jurisdiction, including the judicial review of legal regulations, there is no strict line of demarcation. Contrary to the control of constitutionality of laws that unambiguously belongs to constitutional courts, the judicial review of legal regulations other than laws (secondary legislation) may be under certain circumstances performed also by administrative justice. Pursuant to the Article 87, paragraph 3, letter. a) of the Constitution of the Czech Republic, a law may stipulate that in respect of repeal of legal regulations, which are in violation of the law, rulings shall be issued by the Supreme Administrative Court in place of the Constitutional Court. Notwithstanding the foregoing, such constitutional delegation has not been applied till now and mentioned review of secondary legislation still belongs to constitutional justice. The major objective of this study is to analyse specifics, advantages and imperfections of secondary legislation review performed by administrative courts. In the first part, the thesis focuses on historical development of models of administrative justice (with special attention to judicial review of legal regulations) and also mentions related...
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Review of secondary legislation before the administrative courts
Wagner, Martin ; Sládeček, Vladimír (advisor) ; Rychlý, Tomáš (referee)
The relationship between constitutional and administrative justice might be defined as very close. In many fields of their jurisdiction, including the judicial review of legal regulations, there is no strict line of demarcation. Contrary to the control of constitutionality of laws that unambiguously belongs to constitutional courts, the judicial review of legal regulations other than laws (secondary legislation) may be under certain circumstances performed also by administrative justice. Pursuant to the Article 87, paragraph 3, letter. a) of the Constitution of the Czech Republic, a law may stipulate that in respect of repeal of legal regulations, which are in violation of the law, rulings shall be issued by the Supreme Administrative Court in place of the Constitutional Court. Notwithstanding the foregoing, such constitutional delegation has not been applied till now and mentioned review of secondary legislation still belongs to constitutional justice. The major objective of this study is to analyse specifics, advantages and imperfections of secondary legislation review performed by administrative courts. In the first part, the thesis focuses on historical development of models of administrative justice (with special attention to judicial review of legal regulations) and also mentions related...
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The limits of freedom of expression in a liberal democracy
Zícha, Lukáš ; Kučera, Rudolf (advisor) ; Franěk, Jakub (referee)
The main topic of this paper is freedom of expression and its limits in liberal democracy from the point of view of political philosophy. First of all, the author explores the functions that freedom of expression has in society and its significance in European history beginning in Ancient Greece. Subsequently, the text focuses on all possible approaches to its limitation, two of which are identified as relevant for the case of liberal democracy. These approaches, represented by John Stuart Mill and Joel Feinberg, are closely connected and can be (and usually are) applied together. Therefore, after a detailed analysis of both, a singular assessing principle is created, which makes it possible to evaluate particular cases and tell if the limits of freedom of speech (acceptable in liberal democracy) were transgressed or not. The final principle of political philosophy is then applied to the case of the dissolution of the Workers' party by The Supreme Administrative Court. The author thoroughly examines both the political activities of the party itself and the method followed by the court when deciding the sentence. Afterwards, these two methods (the law and the political philosophy one) are compared, which helps to highlight both their similarities and differences. In both cases, the activity of the...
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The Supreme Administrative Court of Czechoslovakia - its formation and development
Kučera, Miroslav ; Kuklík, Jan (advisor) ; Skřejpková, Petra (referee)
This thesis deals with the formation and development of the Supreme Administrative Court of the Republic of Czechoslovakia. Given that this institution in our country was built on similar principles as the previous administrative court in Vienna, there is a part of the work given to the development of Supreme Administrative Court in Vienna and also briefly discusses the development of directions of administrative judiciary in Europe, because only in mutual relations you can understand why after an establihment of the independent Republic of Czechoslovakia, the concept of the Supreme Administrative Court in Vienna used in our conditions as well. In particular, thanks to this and the legislative framework, the Supreme Administrative Court of Republic of Czechoslovakia could be constitued in a very short time after the establishment of the Republic of Czechoslovakia. The following is gradual evolution of the court changes its powers and jurisdiction, including amendments to the Act made about him. In addition, this work also addresses the issue of the seat of the Supreme Administrative Court, staffing its decision-making.
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The debate of the Czech communist party ban phenomenon
KOZOVÁ, Michaela
The main issue of this thesis is to analyze the debate of the Czech largest communist party ban phenomenon The Communist Party of Bohemia and Moravia (KSČM). The thesis is divided into two thematic parts. The first part describes the Communist Party of Bohemia and Moravia. It then continues with the Giovani Sartori´s anti-system parties theory explained by the Czech political scientist Michal Kubat relating directly to the KSČM. The last section of the first part describes formal procedure of suspension activities and the dissolution of a political party under the current laws of the Czech Republic. This law is demonstrated by a case of Workers' Party dissoluted in 2010. In the second part I focus on emergence of Temporary Commission for assessing the constitutionality of KSČM and then the work of Senator Jaromir Stetina, the chairman of the Commission. In addition I try to summarize the content of the analyses by the Security Policy Department of the Ministry of Interior and the experts polled by this Department. Experts have dealt with the case law in Czech courts in the matter of suspending the activities of political parties and the constitutionality of the Communist Party of Bohemia and Moravia.
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Administrative justice in Czech republic
DVOŘÁKOVÁ, Marta
This thesis deals with administrative justice in Czech Republic, which has a relatively short tradition because it came into operation in 2003. Thesis is focused on history of administrative justice in Czech lands since reign of Habsburg Monarchy. Further there is described a current form of administrative justice. Following chapter deals with models of judicial review in selected states of the EU, finally I will outline basic differences between judicial reviews of this states and Czech Republic.
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Value added tax in the case law of the Supreme Administrative Court
Mráz, Matěj ; Zídková, Hana (advisor) ; Pavel, Jan (referee)
The thesis deals with the Supreme Administrative Court case law of value added tax. It deals with the analysis of 2011 and 3 selected case law this year. It also includes the history development of case law on VAT since 2003. At the beginning of this work is a desription of the most important national and European legislation, together with the basic structural elements of the tax.
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Excise taxes in the case law of the Supreme Administrative Court
Pajerková, Jana ; Říhová, Lucie (advisor) ; Kučerová, Zuzana (referee)
Bachelor thesis deals with the importance of practice of The Supreme Administrative Court relating to excise taxes. The emphasis is mainly put on clear and transparent interpretation of the controversial provisions of the act in accordance with the decisions of The Supreme Administrative Court. At the beginning of this thesis is a summary of the most important national and European legislation regulating excise taxes. The thesis also includes the interpretation of the main principles of excise taxes.
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Transfer pricing in the case law of the Supreme Administrative Court
Králová, Simona ; Frýzek, Libor (advisor) ; Jelínek, Michal (referee)
Based on the analysis of selected decisions of The Supreme Administrative Court in the area of transfer pricing, this document aims at identifying the general interpretation principles of the law by The Supreme Administrative Court. It also provides taxpayers with guidelines how to interpret the law and act in practice. The work is divided into three parts. The first part introduces legal regulations in the Czech Republic that relate to transfer pricing. In the second part, selected decisions of The Supreme Administrative Court in the area of transfer pricing are analysed. In the third part, the identified principles are formulated.
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