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Basic principles of activities of administrative bodies
MINDLOVÁ, Anna
The bachelor thesis deals with the basic principles of activities of administrative bodies in the legal system of the Czech Republic. It also deals with the functioning of the domestic public administration as a whole. The thesis is primarily focused on the essence of functioning and compliance with the basic principles of administrative bodies contained in Act No. 500/2004 Coll., Administrative Procedure Code, and is suitably supplemented by an analysis of the case law of the Supreme Administrative Court and the work of the Public Defender of Rights. All with a focus on administrative law. Knowledge, appropriate application, interpretation and observance of the basic principles of activities of administrative bodies are a prerequisite for fulfilling the right to a fair trial and the basis for the proper functioning of a democratic state governed by the rule of law, which the Czech Republic undoubtedly is. The thesis not only analyzes these principles, but also factually describes and evaluates the role of the ombudsman in the field of enforcement of these principles.
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The principle of discretionary evaluation of evidence in Czech case law
Vopršal, Ondřej ; Šámal, Pavel (advisor) ; Císařová, Dagmar (referee)
The aim of this thesis is to represent in detail one of the fundamental principles of the Czech criminal procedure, the principle of free evaluation of evidence. At first the thesis deals with theoretical aspects of this principle, since they are almost unavailable in the modern literature. The author afterwards analyses the extensive judicature of Czech courts (including the Constitutional court) related to general issues of evaluation of evidence as well as to particular means of proof. The thesis also contains proposals of legislative changes, as the legal regulation of criminal procedure seems to be no longer satisfactory.
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Public Procurement: analysis of the most common errors
Střechová, Lenka ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
In my rigorous thesis I deal with the process of public procurement with focus on the most common errors, which occur within the process of awarding the public contract. Its goal is not the description of the process of public procurement and its mechanisms, but it focuses only on its critical areas in which the public authorities usually err. The emphasis is put also on the basic principles of the public procurement, i. e. transparency, prohibition of discrimination and equal treatment, which in my opinion, have to be reflected within the whole process of public procurement. Hence I will analyze how the contracting authorities deal with these principles. This rigorous thesis is based especially on the decisions of Office for the protection of the economic competition and the administrative courts. On the basis of these decisions are explain some of the aspect which are not directly regulated by the Act on Public Procurement and which result to be problematic for the contracting authorities.
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Indirect discrimination against contractors in public tenders
Přindiš, Petr ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Indirect discrimination against contractors in public tenders ABSTRACT This thesis deals with the legal regulation of public procurement and focuses on the issues of indirect discrimination of contractors in public tenders and the fact that some economic operators cannot participate in procurement procedures due to unjust obstacles to competition laid down by the contracting authorities. One of the main principles of procurement, principle of non-discrimination is described in detail with a use of opinions of stated by the national courts, the Court of Justice of the European Union and in the decisions of the Office for the Protection of Competition in particular. The author of the thesis tries to describe the means of indirect discrimination that occurred in the past procurement procedures within the area of European Union. Discriminatory behavior of the contracting authorities is captured in a comprehensible way and the author shows practical examples to the reader. That all helps to illustrate why the contracting authority's specific behavior was not in compliance with the rules set out in public procurement. It is the analysis of the decision-making practice of the Office for the Protection of Competition, case-law of the national courts and the European Court of Justice that provides an insight into...
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Cooperating defendant
Musilová, Nikola ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This diploma thesis deals with the institute of Cooperating defendant. In particular, it focuses on its relation to the basic principles governing the Czech criminal proceedings, as well as selected aspects of its legal regulations. The institute of cooperating defendant has been in legal force since January 2010. Its legal regulation may be found in the legal provision 178a of the Code of Criminal Procedure. The Criminal Code contains substantive legal provisions defining the consequences related to the attainment of the cooperating defendant designation. Such consequences especially include the exceptional reduction of the length of imprisonment or even complete waiver of any sort of punishment. The institute is typically used as a tool to fight organized crime. The institute has its roots in the common law legal system from which a lot of European countries have been importing many other legal institutes, especially in the last three decades, to speed up criminal proccedings, help solve the lack of evidence and fight against organized crime which poses a threat to the society as well as the democratic state. The import of legal institutes that are otherwise typical for the common law system, however, poses many obstacles, especially because the criminal proceedings of the continental legal...
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Problems in juvenile criminal justice
Sovák, Ondřej ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
"Problems in Juvenile Criminal Justice" The thesis is dedicated to the juvenile criminal justice issues in the Czech Republic. The work is divided into three parts. The first part includes a historical view of the punishment of minors and the situation before the adoption of Act No. 218/2003 Coll. The second part describes the basic principles of juvenile criminal justice which are important for the understanding of the meaning of the Act. A study of basic principles can assist in drawing attention to controversial issues, or perhaps also assist in resolving them. The third part is divided into four chapters by individual selected institutes of the Act. What is analyzed in detail are issues of the protection of minors' privacy, the question of the changed local jurisdiction of the juvenile court, the withdrawal from the criminal prosecution and the institute of arrest. Keywords: juvenile criminal justice minors basic principles
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The issue of juvenile criminal justice
Salmonová, Tereza ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This thesis mainly deals with the procedures concerning the youth and children under fifteen years old, including the procedural status of subjects according to Act No. 218/2003 Coll. Youth on liability for unlawful acts of Juvenile Justice and amending certain acts (Act on Juvenile Justice), but the Act No. 40/2009 Coll., Penal Code. Introduction of this thesis is the historical development, both within Austria-Hungary or the Czech Republic after 2003. Its cross section is the interpretation of certain key concepts and principles that are essential to the interpretation and practical application of the Act itself. The chapter on the Institute diversions could not be omitted in this thesis. Using detours is still a new phenomenon for Czech criminal law and in the practice of law is still used less (unlike the penalties associated with imprisonment). It is mentioned both in the general characteristics of control over juveniles and children under fifteen years old, protection of private adolescents with an emphasis on the provision of information in cases, where the perpetrator or victim of the offense is a person under the age of fifteen years old. Here the emphasis is on whether such a procedure does not violate the constitutional right to a public hearing. The thesis is also devoted to the...
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Public Procurement: analysis of the most common errors
Střechová, Lenka ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
In my rigorous thesis I deal with the process of public procurement with focus on the most common errors, which occur within the process of awarding the public contract. Its goal is not the description of the process of public procurement and its mechanisms, but it focuses only on its critical areas in which the public authorities usually err. The emphasis is put also on the basic principles of the public procurement, i. e. transparency, prohibition of discrimination and equal treatment, which in my opinion, have to be reflected within the whole process of public procurement. Hence I will analyze how the contracting authorities deal with these principles. This rigorous thesis is based especially on the decisions of Office for the protection of the economic competition and the administrative courts. On the basis of these decisions are explain some of the aspect which are not directly regulated by the Act on Public Procurement and which result to be problematic for the contracting authorities.
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The principle of discretionary evaluation of evidence in Czech case law
Vopršal, Ondřej ; Šámal, Pavel (advisor) ; Císařová, Dagmar (referee)
The aim of this thesis is to represent in detail one of the fundamental principles of the Czech criminal procedure, the principle of free evaluation of evidence. At first the thesis deals with theoretical aspects of this principle, since they are almost unavailable in the modern literature. The author afterwards analyses the extensive judicature of Czech courts (including the Constitutional court) related to general issues of evaluation of evidence as well as to particular means of proof. The thesis also contains proposals of legislative changes, as the legal regulation of criminal procedure seems to be no longer satisfactory.
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Fundamental Principles of Public Administration Authorities Activities
Ludva, David ; Strnad, Zdeněk (advisor) ; Glaser, Lukáš (referee)
The purpose of the thesis is generally characterized and defines the basic operating principles of public administration. These issues and the application of basic principles illustrated by the Administrative Court in practice. It describes the selected part of the new Administrative Procedure Code, act no. 500/2004 Coll. Administrative Code, which contains the basic principles of administrative law. The basic principles are contained in the provisions of § § 2-6 Administrative Code. New administrative rules can be characterized as a general code of public administration. Some principles are based directly on the constitutional status of government regulation and their relationship to the citizens. The aim of this thesis is the different principles and is described in detail for easy understanding. Another aim is to show and explain some basic principles into practice and show how to apply. For the development work I drew from the literature and applicable laws. Next I used the judgments of the Administrative Court. List of sources is provided in conclusion.
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