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Late transposition phenomenon in the Czech Republic
Říha, Michal ; Pítrová, Lenka (advisor) ; Svobodová, Magdaléna (referee) ; Plaňavová-Latanowicz, Jana (referee)
LATE TRANSPOSITION PHENOMENON IN THE CZECH REPUBLIC The implementation of European law is a necessary precondition for the functionality of European integration. However, while the Union institutions carry out the legislative work, the implementation of European law is a task for the Member States. They must adapt their legal systems accordingly and enforce EU rules effectively. In the case of directives, the basic condition for their effectiveness is transposition into national law, which usually requires to propose a new act of Parliament. The Czech Republic has long been one of the countries with a high proportion of late transposition of EU directives. Despite the generally accepted claim that the culprit of these transposition failures lays in the Czech Parliament, research refutes such views. Although the Chamber of Deputies is relatively autonomous from the Government, its deliberations are lengthy, and the Chamber of Deputies' Rules of Procedures offers only a limited range of instruments to guide parliamentary deliberations, transposition delays occur already at the executive level. This is even though the Czech Republic has a series of robust measures to improve the planning of implementation works, but these are not enforced in practice. Presented research is based on data on the legislative...
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Proceedings on the repeal of an Act before the Constitutional Court, with focus on the review of whether the Act was adopted in the constitutionally prescribed procedure
Zlámal, Vít ; Grinc, Jan (advisor) ; Preuss, Ondřej (referee)
Proceedings on the repeal of an Act before the Constitutional Court, with focus on the review of whether the Act was adopted in the constitutionally prescribed procedure Abstract The thesis deals with the judicial control of constitutionality with a specific focus on the review of the constitutionality of the legislative procedure. The first part of the thesis deals with the general definition of the constitutional judiciary, the position of the Constitutional Court in constitutional system of the Czech Republic and the definition of basic concepts that must be unconditionally known for the next parts of the thesis. The first part of the thesis concludes with a reflection on the topic whether the Constitutional Court really maintains its role as a predominantly negative legislator. In the second part, the thesis focuses on the description of the current legislation on court proceedings of the repeal of an Act or its individual provisions. The main topic of the second part of the thesis deals are the special effects of the decisions of the Constitutional Court in this type of proceedings and the question about binding nature of its reasoning. The author describes, for example, the specific effects of these decisions in horizontal relations or their effects on the specific proceedings from which the proposal...
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Flaws of the legislative procedure and the legislation itself
Zámečníková, Marie ; Suchánek, Radovan (referee)
The dissertation called "Flaws of the legislative procedure and the legislation itself" aims to describe the main problems and flaws of the legislative procedure and the current condition of the legislature. It deals with the question of the cause of the current unintelligible and disorganized law. The paper analyses the situation in the Czech Republic, Germany and Austria. The thesis deals with four main questions. First, what kind of law the legislator should create. The question is answered by the description of the formal attributes of the law. Subsequently, it is put into question how the legislator should create such law. The duties of the legislator are described as those which were deduced by the German Federal Constitutional Court. In the chapter which deals with the question of how the legislator creates such law in reality, the particular safety measures and particular flaws of the legislative procedure are described. Finally, the last question analyses what kind of law is created by the legislator in reality, i. e. it deals with the problems of the current legislature which are specifically caused by the so called flood of laws. In conclusion, the thesis answers the question whether there is a connection between the particular flaws of the legislative procedure and the particular flaws...
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Legislative procedure as an instrument for promotion of the interests
Krudenc, Václav ; Shavit, Anna (advisor) ; Konrádová, Marcela (referee)
This bachelor thesis examines the legislative procedure in the Czech Republic for the purposes of lobbying. The theoretical part aims to acquaint the reader with the very concept of lobbying and its history and then systematically classify lobbying in terms of public affairs. The second part of the thesis is a thorough analysis of the current rules of procedure of both chambers of the Parliament of the Czech Republic and a description of the stages in which it is possible to enter into draft laws and amend them. This part describes the process of creation of laws from the legislative initiative through individual commenting procedures to negotiations in both chambers of parliament and the possibility of applying the presidential veto. The final part of the thesis deals with the historical genesis of the rules of procedure of both chambers of the Parliament of the Czech Republic. The main goal of this work is to present possible ways in which private interests can be enforced in the law-making process in the Czech Republic.
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Flaws of the legislative procedure and of the legislation itself
Zámečníková, Marie ; Kysela, Jan (advisor) ; Mlsna, Petr (referee) ; Filip, Jan (referee)
The dissertation called "Flaws of the legislative procedure and the legislation itself" aims to describe the main problems and flaws of the legislative procedure and the current condition of the legislature. It deals with the question of the cause of the current unintelligible and disorganized law. The paper analyses the situation in the Czech Republic, Germany and Austria. The thesis deals with four main questions. First, what kind of law the legislator should create. The question is answered by the description of the formal attributes of the law. Subsequently, it is put into question how the legislator should create such law. The duties of the legislator are described as those which were deduced by the German Federal Constitutional Court. In the chapter which deals with the question of how the legislator creates such law in reality, the particular safety measures and particular flaws of the legislative procedure are described. Finally, the last question analyses what kind of law is created by the legislator in reality, i. e. it deals with the problems of the current legislature which are specifically caused by the so called flood of laws. In conclusion, the thesis answers the question whether there is a connection between the particular flaws of the legislative procedure and the particular flaws...
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The political system of the Federal Republic of Germany - The Bundestag
BĚLOHLÁVKOVÁ, Petra
The subject of this Bachelor thesis is to describe the political system of the Federal Republic of Germany with a focus on the Bundestag. The author summarizes in the theoretical part the political system and the separation of powers in the Federal Republic of Germany and then focuses she on the German Bundestag, its organization, functions and electoral system. In the practical part, the author will deal with a comparison of the electoral system in the German Bundestag and the electoral system to the Chamber of Deputies of the Parliament of the Czech Republic. In connection with holding of regular elections to the German Bundestag and early elections to the Chamber of Deputies in the fall 2013, the election results will be compared. The legislative process in the Federal Republic of Germany and in the Czech Republic will be compared, the data about the number of bills and on their progress in both countries in the last electoral term will be evaluated.
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The impact of the Phenomenon of Enlargement on the Legislative procedure in European Union
Midulová, Katarína ; Klíma, Michal (advisor) ; Faturová, Marie (referee)
The thesis evaluates legislation procedure of the European Union, its dynamics and effectiveness in regard to enlargement. The aim of this thesis is to assess to what extent the decision-making procedure got complicated and whether it is necessary to reform the whole system as a consequence of new members' adhesion. This paper focuses on current decision-making rules as well as the changes which brought this procedure to this status -- the reform activity during 1990s. The purpose of these reforms along with other aims was to prepare the EU institutions for the biggest enlargement they have ever experienced. These changes proved to be what helped to eliminate the consequences which could the new members with diverse priorities bring to the decision-making process. In spite of worries which preceded the Eastern enlargement, the institutions continue to work well, however, their workload has increased and there is a widespread belief that the next enlargement requires more reforms.
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