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Analyses accompanying creation of law on the example of regulation of new phenomena, the so-called shared economy
Blažek, Jan ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
Analyses accompanying creation of law on the example of regulation of new phenomena, the so-called shared economy Abstrakt v anglickém jazyce This thesis deals with analyzes preceeding the parliamentary phase of the legislative process on the example of the modern phenomenon, the shared economy. In the case of regulation of a shared economy, the legislator faces a difficult task of regulating yet unregulated, and in such cases, there is a risk that in the event of an incorrect analysis, the regulation may be unfunctional and thus unnecessary. The author chose two analyzes for his thesis, namely analysis of regulatory impact assessment and related explanatory report. The topic becomes more important when we consider that today's era is called the age of legislation. In some ways, it also offers an alternative view of improving the quality of regulation (usually laws), because although the legislator is trying in every way to improve the quality of the Czech legal system, it focuses entirely on the legislative process in the chambers of the Parliament, or adopts new adjustments for the greater transparency of the legislative process. The thesis consists of an introduction, 6 chapters and a conclusion. The chapters are subdivided into subchapters. In the first and second chapter, the author defines the...
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Quality and Function of Explanatory Reports in the Czech Legislative Process
Hrubý, Dominik ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
According binding legislation, explanatory reports attached to legislatorybills is integral part of legislative process in the Czech republic for a long time, dramatically exceeding duration of autonomic Czech state. However, law sciences aren't interested in them a lot, equally to whole legislative process. Unfortunately, most of legislative actors do the same. At first, this thesis briefly discribes legislation related to explanatory reports. It considers both efficient legislation and valid legislation with efficiency planed from 1st January 2000, but also legislation in Legislative government guideline, which is binding only for legistatory bill submitted by government. Coming out from assumption, that writing explanatory report isn't the purpose by itself, the thesis define several functions, whitch explanatory reports should fulfill. Only in comparison with to these fuctions, we could say how explanatory report should like and eventually how it definitely souldn't. Base on these defined functions, the most common lacks of explanatory notes, which makes fullfiling the function more difficult or even impossible. These lacks is presented at real documents (bills) from legislative process - passed bills, rejected bills and also bill going through the various parts of legislative process right now...
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