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Interpretation of the Labor Code in the Case law of the Supreme Court
Lemfeldová, Magdaléna ; Tomšej, Jakub (advisor) ; Koldinská, Kristina (referee)
Interpretation of the Labor Code in the Case law of the Supreme Court Abstract The content of this master's thesis is an analysis of selected Case law of the Supreme Court with a focus on Labor law. The work is divided into three parts. The first part briefly discusses the principles of interpretation of private law with the specification of Labor law. It also describes the position of the Supreme Court and the importance of Case Law. The limits of judicial completion of the law are also specified, as well as when completion starts to interfere with legal certainty. The second and crucial part is the analysis of the already mentioned Case law. It is presented in a general section on the methodology of work and the specification of criteria that were key to the selection of the case law. The author's hypothesis is expressed that the Supreme Court tends to interpret the terms of the Labor Code contra verba legis and impose obligations on the addressees of the law beyond the law, thus interfering with the legal certainty of participants in labor-related relations. The decisions of the Supreme Court in the case of file no. No. 2034 / 2019-313, file no. 21 Cdo 3521 / 2019, file no. 21 Cdo 3955/2018, file no. 21 Cdo 224/2013, file no. No. 21 Cdo 1276/2016, file no. No. 21 Cdo 5825/2016, file no. 21 Cdo 4394/2010,...
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Right of entry and residence on the territory of member states of the European Union
Vláčil, Jiří ; Král, Richard (advisor) ; Pítrová, Lenka (referee) ; Svobodová, Magdaléna (referee)
This thesis deals with analysis of EU rules on entry and residence on the territory of Member States. These rules are described from the perspective of different groups of people, EU citizens, citizens of EFTA Member States, family members or citizens of Turkey, and also from the perspective of Member States participating in the Schengen Border Area and Member States outside this Area. The core of this thesis consist is the analysis of four key EU rules in this field, namely the Border Code (Regulation 562/2002), the Visa Code (Regulation 810/2009), the 539/2001 Regulation and the 2004/38 Directive, as well as relevant case law of the Court of Justice, that influences the interpretation of the rules in hand significantly. The rules are also assessed from the point of view of principles of legal certainty and legitimacy.
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Right of entry and residence on the territory of member states of the European Union
Vláčil, Jiří
This thesis deals with analysis of EU rules on entry and residence on the territory of Member States. These rules are described from the perspective of different groups of people, EU citizens, citizens of EFTA Member States, family members or citizens of Turkey, and also from the perspective of Member States participating in the Schengen Border Area and Member States outside this Area. The core of this thesis consist is the analysis of four key EU rules in this field, namely the Border Code (Regulation 562/2002), the Visa Code (Regulation 810/2009), the 539/2001 Regulation and the 2004/38 Directive, as well as relevant case law of the Court of Justice, that influences the interpretation of the rules in hand significantly. The rules are also assessed from the point of view of principles of legal certainty and legitimacy.
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Flat and formalistic approach in law
Pavlíček, Libor ; Maršálek, Pavel (referee)
Flat and formalistic approach in law Many processes in law take place automatically and through inertial force, without admitting one's free will and without encompassing values important to man (freedom, dignity, justice). The bearers of the process of automation in law are Machines (or Automats), i.e. tools ensuring primary legal certainty. However, in addition to the subpage of legal certainty, law also consists of the subpage of justice and effectiveness, which is not controlled by Automats, because their algorithms do not often reflect this subjective dimension in law. The trend of automation in law undoubtedly contributes to a number of improvements, however, there appear risks as well. Since the human soul cannot be programmed by Automats, it cannot be assumed that their decision-making, i.e. their output, will be fair and effective in all circumstances. However, in traditional approach in law this output is considered equal to a binding legal norm. As an example of Automat in the field of mobility the traffic lights may serve, in the field of state administration there are automatic forms or formulas, in the judiciary Automat is represented by a judge acting as a robot (subsumption automat), and artificial intelligence may be seen as the most sophisticated Automat of all. Automats are tools...
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Right of entry and residence on the territory of member states of the European Union
Vláčil, Jiří ; Král, Richard (advisor) ; Pítrová, Lenka (referee) ; Svobodová, Magdaléna (referee)
This thesis deals with analysis of EU rules on entry and residence on the territory of Member States. These rules are described from the perspective of different groups of people, EU citizens, citizens of EFTA Member States, family members or citizens of Turkey, and also from the perspective of Member States participating in the Schengen Border Area and Member States outside this Area. The core of this thesis consist is the analysis of four key EU rules in this field, namely the Border Code (Regulation 562/2002), the Visa Code (Regulation 810/2009), the 539/2001 Regulation and the 2004/38 Directive, as well as relevant case law of the Court of Justice, that influences the interpretation of the rules in hand significantly. The rules are also assessed from the point of view of principles of legal certainty and legitimacy.
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