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Comparison of Czech and German legal regulation of appellate review
Vaculínová, Julie ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Comparison of Czech and German legal regulation of appellate review Abstract The purpose of the master's thesis is to describe and subsequently compare the appellate review in the civil procedure in the Czech and German legal regulations, namely in the light of the upcoming recodification of civil procedure in the Czech Republic. The appellate review is a remedial measure which aims to review the challenged decision of the appellate court from the legal point of view. The role of the appellate review is to unify case law and to ensure justice in individual cases. While in the Czech Republic the appellate review is conceived as an extraordinary remedial measure, in Germany it is a regular legal remedy. This difference determines most of the elements of the appellate review. The thesis is composed of an introduction, seven chapters and a conclusion, including the author's de lege ferenda suggestions. The chapters first introduce the topic, continue with a description of a particular element of the appellate review in the Czech and German legislation, and conclude with a comparison and evaluation of the author. The subchapters addressing the Czech legal regulation also contains de lege ferenda suggestions, particularly with respect to the substantive intent of the Code of Civil Procedure. Chapter One first...
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Extraordinary Appeal in Criminal Proceedings
Machyánová, Kristýna ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Extraordinary Appeal in Criminal Proceedings Abstract This diploma thesis focuses on a comprehensive analysis of the legal regulation of extraordinary appeal, as one of the extraordinary remedies in criminal proceedings, which was introduced into Czech law with effect from 1 January 2002 by Act No. 265/2001 Sb. At first it focuses on general explanations of the appeal procedure, remedies and specific principles governing the appeal procedure, followed by historical overview of the development of extraordinary remedies. Then the diploma thesis deals with the institute of extraordinary appeal itself, namely, for a better understanding, at first in terms of general interpretations of the extraordinary appeal, and then analyses the individual issues. The main part of the diploma theses is devoted to applicable grounds for the extraordinary appeal, the interpretation of which considers the rich case law of the Supreme Court and the Constitutional Court, especially with regard to the ground of appeal under Section 265b (1) (h) al). The interpretive development of this provision, accompanied by contradictions between the Supreme Court and the Constitutional Court, which are sometimes referred to journalistically as a "war of the courts", was of fundamental importance for the introduction of a new ground of appeal...
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Comparison of Czech and German legal regulation of appellate review with reference to Czech Republic's impending civil procedural law reform
Novotná, Kateřina ; Frintová, Dita (advisor) ; Zahradníková, Radka (referee)
a klíčová slova v anglickém jazyce Název práce: Comparison of Czech and German legal regulation of appellate review with reference to Czech Republic's impending civil procedural law reform Abstract This diploma thesis describes and compares the regulation of civil appellate review under Czech law with the legislation in the Federal Republic of Germany. The first part addresses the chosen topic on a broad level. The introductory section provides an overview of appellate review in both legal systems, a summary of recent recodification efforts, as well as a brief description of the historical development and appellate systems. The next section continues with admissibility. It contains the current Czech and German appellate review's admission regulation. The entire paper is structured so that the Czech law is always described first, followed by the German one, simultaneously comparing both versions and summarizing the results and key differences. The admissibility is divided into objective and subjective, followed by the explanation of additional requirements that both Czech and German appellate reviews must meet. It is also worth noting the assessments of admissibility. In Germany, only courts of appeal can determine whether an appellate review is admissible. In the next section, subjective...
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Application for an appeal review on the points of law in civil procedure
Hrbek, Tomáš ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
This thesis focuses on the effective regulation of the application for an appeal review reflecting it from the point of its value background, historical development and the relevant case-law. With an intention to point out the necessary backing for the critical assessment of specific elements and the present form of the application for an appeal review in a civil procedure as a whole, the thesis deals with the theoretical basis of the legal remedies in the civil procedure and with the role of the application for an appeal review in their effective regulation. In the thesis, particular attention is paid to the purposes of the application for an appeal review, i.e. to the unification of the case-law and the protection of the rights of an individual in a particular case, as far as to their relation to the legal certainty resulting from the final decisions, which the use of the application for an appeal review undermines. The thesis contains the general conclusions on the relationship between these values and the conclusions on the appropriateness of the regulation of the particular elements of the application for an appeal review, which are connected with these values. A special chapter of this thesis deals with the history of the appeals focusing only on that facts and legal constructs, which are...
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Decision-making of the Constitutional Court of the Czech Republic and its impact upon civil proceedings
Bartoš, Jan ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
Name of the text, you are holding in your hands, could be well translated as "Decesion making of Czech Constitutional Court and its influence on civil procedure." It consist of three very separate parts, each of them following its own topic, linked up together only with major role of Constitutional Court (further "CC"). First chapter is dedicated to a slightly controversial case, which has been widely publicly discussed. The topic is strictly procedural, it refers to the possibilty of higher courts to remove and assign single cases to different judge/panel of judges. Although under certain circumstances allowed, in this case it seemed to be an unjustifed violation of art. 38 par. 1 of Letter of human rights and I conclude arguments, which could justify such restrictive process. Second one is following last ten years of interventions in Code of Civil Procedure, namely in regulation of review of appeal. In the first part are described reasons, why CC consider decision with missing justification unconstitutional and accordingly declares corresponding part of Code of Civil Procedure unconstitutional. In second part I analyze long-term contrary judgements of CC and Czech supreme court on admissibility of review of appeal which resulted in major part of regulation being declared unconstitutional. I...
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Application for an appeal review on the points of law in civil procedure
Polánský, Adam ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Resumé The official title of my thesis is Application for an appeal review on the points of law in civil procedure. The main objective of this thesis is to describe the development of an institute of an application for an appeal review throughout the legal history of the civil procedure in the area of the Czech Republic up to current state, with a particular focus on the conditions of admissibility of such application and its essentials. My thesis is composed of three chapters. The first chapter is to introduce the reader to the historical development of an application of an appeal review from the very beginning in the 18th century up to date. In particular, the landmark Constitutional Court decision (sp. zn. Pl. ÚS 29/11) is emphasized in the end of the chapter. The second chapter deals with the actual legislation of an application for an appeal review in The Code of Civil Procedure. Its main goal is to describe this institute as whole. It is also to provide the reader with further analysis of some controversial issues of the actual legislation as the conditions of admissibility of an application and its essentials required by the law. Finally, it manifests the attitude of the judiciary towards these problematic features of the actual legislation. The third chapter contains the brief explication about an...
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Extraordinary appeal
Engelmann, Jan ; Šámal, Pavel (advisor) ; Bohuslav, Lukáš (referee)
1 Abstract My master's thesis is focused on analysis of extraordinary appeal in criminal procedure. Extraordinary appeal is one of extraordinary remedial measures which was introduced into the Czech Criminal Procedure Code with effect from 1 January 2002. The thesis is devided into 6 chapters and the main chapter of the thesis is focused on in-depth analysis of the grounds of an extraordinary appeal and the issue of so called extreme discrepancy. So far, the issue of so called extreme discrepancy has not yet been subject to in-depth analysis in professional literature, therefore I pay more attention to this matter. The importance of so called extreme discrepancy is significant for the Supreme Court of the Czech Republic and its decisions. It is a concept arising from the case law of the Constitutional Court of the Czech Republic, which extends the grounds of an extraordinary appeal despite the grounds laid down in the Czech Criminal Procedure Code. Based on this concept the Supreme Court of the Czech Republic is obliged not only to review questions of law but also questions of fact in cases with so called extreme discrepancy. The Constitutional Court of the Czech Republic defends this concept saying it is neccessary to keep this approach in order to respect the fair trail within the meaning of the European...
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Extraordinary remedies in the civil procedure
Nedvěd, Jakub ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
Extraordinary remedies in the civil procedure Abstract This thesis deals with extraordinary remedies in the civil law system. First, the thesis provides a definition of each remedy system and a brief description of the main principles on which the remedy systems are built. Then, in chapters three to five, the thesis discusses the individual extraordinary remedies, with particular attention paid to the extraordinary appeal due to its privileged position among the remedies. The extraordinary appeal is followed by a discussion of the action for nullity and then the action for retrial. The positive legislation in Act No 99/1963 Coll., the Code of Civil Procedure, as amended, regulates the action for a declaration of annulment and the action for a retrial together in chapter four. Therefore, chapter five of this thesis deals in particular with the exceptions to the action for a retrial. Chapter six of this thesis aims to present the analogical institutes of extraordinary appeal in the German and Austrian legal systems, which is in particular the revision. In particular, the chapter discusses the conditions under which a given remedy is admissible and presents some specific institutes of the analogical legal systems. Chapter six concludes with a comparison of the frequency of pending appeal/review cases with the...
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The system of remedial measures
Musilová, Markéta ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Theme of thesis The system of remedial measures Abstract This master's thesis deals with the issue of correction systems and remedial measures based on them in the Czech legislation. The aim of this work was to describe individual aspects of the appeal, cassation and revision correction system on the current regulation. This thesis includes the characteristics of correction systems from a theoretical point of view and the application of the principles of correction systems in the Czech legal regulation of remedial measures. The master's thesis consists of seven chapters. The first chapter is a general introduction to the correction procedure. It explains the concept of a correction system and describes the general features according to which the individual systems are divided. The second chapter characterizes the individual correction systems. The chapter is divided into three parts. First, the appeal system is characterized, which is divided into the complete and incomplete appeal system, then the cassation system and finally the revision system. The third chapter is devoted to remedial measures in our legislation. Remedial measures are characterized and proceedings of individual remedial measures within the current legislation are further discussed. This chapter has two parts. The first one is about a...
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Appeal
Pomije, Michal ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
1 Abstract Diploma thesis - Appeal This diploma thesis deals with the legal regulation of one of the extraordinary remedies of the Czech civil process - appeal. The first goal of my diploma thesis was to introduce systematic rules and extraordinary means in general and to add permits to their system, while in the first chapter I further analyzed the corrective systems according to which the scope of control activities of the court is determined. The legal regulation of permits has undergone the existence of dynamic changes during its existence, another, and primary, the aim of this work was described by the current legislation allowing and further outline the development of permitting legislation, which was returned as an extraordinary remedy in 1991. One of the other goals I chose is the description of the new concept of the legal regulation of permission, the regular remedy, which is regulated in the draft of the new Civil Code of the Ministry of Justice - the substantive intent of the Civil Procedure Code. According to the authors of the substantive intent of the introduced larger economic court proceedings, the change of permission to an ordinary appeal. According to the authors of the substantive intent, an important element would be a higher degree of legal certainty for the participants in the...
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