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Withdrawal of the permanent resident permit of a third-country national
Nguyen, Hoang ; Pítrová, Lenka (advisor) ; Kryska, David (referee)
Withdrawal of the permanent resident permit of a third-country national Abstract This master thesis deals with a topic of withdrawal of the permanent residence permit of a third- country national as a display of state power exercise in the field of immigration. The main focus is both substantive and procedural prerequisites for revocation of residence permit. Withdrawal grounds of the permanent residence permit together with the principle of proportionality as well as a withdrawal procedure as such will be dealt with. The aim is provide general overview of applicable law regarding withdrawal of the permanent residence permit that is deemed to be as the highest and the most priviledged residence permit obtainable on the territory of the Czech republic. Yet this work shall not be limited merely to reproduction of its legal doctrine and case law, but aims to point out problematic moments in the course of withdrawal of the residence permit in question as well as to offer conceivable solution. This work is divided into three topics, precisely into five chapters excluding its introduction and conclusion. First chapter deals with key terminology of immigration law or law of aliens. Firstly, a fundamental concept of a foreigner will be introduced. This includes a notion of third-country national as well....
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The right to privacy in the context of data retention issues
Štefková, Adéla ; Antoš, Marek (advisor) ; Preuss, Ondřej (referee)
The right to privacy in the context of data retention issues Abstract The thesis deals with the issue of data retention in the context of the right to privacy. The thesis aims to map the development of the legal regulation of data retention both in national legislation and in the relevant rulings of the Constitutional Court, as well as in the legislation of the European Union and in the judgments of the Court of Justice of the European Union. The purpose of the thesis is also to assess the current legal regulation, the subsequent application of the proportionality test and the presentation of various alternatives to the current system of data retention. The thesis is divided into five chapters. The first chapter is devoted to the right to privacy in general, its various aspects, legal anchoring, development of privacy and permissible limitations. In the second chapter the current legal regulation of data retention under the national legislation is presented. The third part of the thesis chronologically guides through the development of the issue of data retention, attention is paid to decisions and legislation that have had a major impact on the issue, in particular Directive 2006/24/EC and its subsequent repeal. The fourth chapter focuses mainly on the status of the legislation after the repeal of the...
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The Principle of Proportionality and Its Application in the Field of Human Rights Norms
Ondřejek, Pavel ; Gerloch, Aleš (advisor) ; Holländer, Pavol (referee) ; Bröstl, Alexander (referee)
1 Abstract (in English langugage) In the presented dissertation thesis I tried to argue that if we want to apply the principle of proportionality correctly in case of a collision of fundamental rights or in case of a collision between a fundamental right and a countervailing interest, it is not sufficient only to refer to this principle within the argumentation. On the contrary, it is necessary to recognize a structure of this principle and to apply its components. In order to recognize the structure and components of the proportionality principle, it is necessary to understand the role and effects of human rights in legal orders. I assume that theoretical backgrounds of this principle contribute to the better understanding of the objective tension between the individual's autonomy and general will of the society. Another important aspect in the correct application of this principle is the institutional balance between the legislature and the judiciary and overcoming of the "counter-majoritarian problem". In the contemporary, not only Czech, but also foreign practice we may observe lots of examples in which courts do not pay appropriate attention to the proportionality principle. When solving hard cases, sometimes they made only a reference to this principle without further elaboration. From the...
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Princip nákladové přiměřenosti v právních předpisech EU v oblasti životního prostředí: ponaučení z implementace ochrany vod a ovzduší
Brabec, Jan ; Jílková, Jiřina (advisor) ; Knápek, Jaroslav (referee) ; Slavíková, Lenka (referee)
Environmental legislation in the European Union recognizes the principle of proportionality as a tool that helps identify cases that require spending of disproportionate resources to achieve environmental targets. If economic costs of achieving a certain target are significantly higher than associated benefits, an exemption may be granted to prevent wasting resources on measures with only a negligible effect on the environment. The principle is well established in water protection by means of the Water Framework Directive (2000/60/EC) and in air protection through the Industrial Emissions Directive (2010/75/EU). In theory, such setting should ensure more efficient and robust water and air protection. However, with no unified methodology and a high level of discretion given to individual member states, the process of assessing proportionality has become very heterogenous. As a result, methodologies used across Europe often differ from each other significantly, possibly distorting the original idea of equal treatment of European water bodies and sources of air pollution. The goal of this thesis is to determine whether the use of the proportionality principle in water and air protection contributes to more efficient environmental protection in the EU and whether the principle is used consistently in...
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Principle of transparency and principle of proportionality in the process of public procurement
Drdák, Josef ; Horáček, Tomáš (advisor) ; Zahradníčková, Marie (referee)
The principle of transparency and the principle of proportionality in the public procurement process Abstract The topic of this thesis is the principle of transparency and the principle of proportionality in the public procurement process. The key objective of this thesis is to identify and thoroughly analyse the significant manifestations of the respective principles in the procurement process. The author of this thesis also provides the readers with an interpretation of contentious issues related to the enforcement of the principle of transparency and the principle of proportionality during the activities of contracting authority. Finally, the author of this thesis evaluates the legislation in force and within the de lege ferenda considerations proposes relevant amendments to the Act. This thesis is divided into three parts. The introductory part describes in general the meaning and substance of all public procurement principles, as well as the so-called 3E principles. In the second part the author of this thesis examines the specific expressions of the principle of transparency in public procurement. The final third part deals with the principle of proportionality and the requirements and impacts associated with the enforcement of this principle. The introductory part contains a general analysis of all...
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The Impacts of Mass Surveillance on Fundamental Human Rights
Kousal, Jakub ; Antoš, Marek (advisor) ; Kindlová, Miluše (referee)
The Impacts of Mass Surveillance on Fundamental Human Rights Abstract In this thesis I mainly deal with instruments of mass surveillance, which were recently revealed to the public by American IT specialist Edward Snowden. A considerable part is also devoted to Directive 2006/24 / EC of the European Parliament and of the Council, which at the time obliged Member States to adopt legislation providing for the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks. I also deal with the current form of its transposition into the Czech legal order. The purpose of this thesis is to assess if these instruments of mass surveillance meet the conditions of admissibility of measures limiting fundamental human rights, especially the right to privacy. I have understood the content of these conditions on the basis of the interpretation of relevant laws and international treaties on human rights, or their commentaries and relevant case law. This has led to the assessment of the accordance of these instruments with the principle of proportionality or the application of the proportionality test in its various forms. The concept of my thesis is therefore to be understood as a conflict of two interests, namely the...
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Publication of salaries in administration
Kračmar, Jiří ; Korbel, František (advisor) ; Handrlica, Jakub (referee)
Disclosure of salaries of public authority employee - abstract This thesis is concerned with the issues of legal interpretation of key provision of Act No. 106/1999 Coll. on free access to information relating to disclosure of salaries of public authority employee. The thesis introduction is focused on the constitutional aspects of the right to information and the right to privacy. It is also focused on the collision of these two fundamental rights. The following chapter examines the disclosure of salaries of public authority employee regulation and discovers and expounds the intended meaning of this regulation by the principles and rules of standard methods of interpretation, especially lingual interpretation, systematical interpretation, historical interpretation and teleological interpretation. This chapter provides the lingual meaning of key provision of Act No. 106/1999 Coll. on free access to information, presents brief look at relationship between the disclosure of salaries of public authority employee regulation and other norms and legal acts of the European Union and finally finds the content, sense and purpose of the regulation from both subjective (historical) and objective (teleological) point of view. This chapter also deals with case law analysis. The focal discussion point of this thesis is...
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The issues of the constitutionality of regulatory fees in health care
Svatoš, Jiří ; Suchánek, Radovan (advisor) ; Jirásková, Věra (referee)
Goal of this thesis was to assess the constitutionality of "regulatory fees" in healthcare, which were enacted in the Czech Republic in 2007. The first chapter goes through the two decisions of the Czech Constitutional Court concerning assessment of the constitutionality of regulatory fees and identifies five main areas to study: 1)General methodology of human rights interpretation and their collisions in the Czech constitutional system, 2)Genesis and interpretation of social rights. 3)Identification of a test to assess collision between social rights and public goods 4)Essence of the right to free healthcare 5)Empirical assessment of the regulatory fees impact Second chapter is an overview of the first area divided into two sections: traditional methods of interpretation in constitutional law and development of the proportionality principle based on an overview of the Czech and foreign jurisprudence and the previous decisions of the Czech Constitutional Court. Third chapter describes the genesis of the social rights as a specific area of human rights. Implication from both chapters are combined to create a universal proportionality test that includes specific intensity of review for social rights. Fourth chapter provides a case study that firstly identifies the essence of the right to free healthcare,...
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The Principle of Proportionality and Its Application in the Field of Human Rights Norms
Ondřejek, Pavel ; Gerloch, Aleš (advisor) ; Holländer, Pavol (referee) ; Bröstl, Alexander (referee)
1 Abstract (in English langugage) In the presented dissertation thesis I tried to argue that if we want to apply the principle of proportionality correctly in case of a collision of fundamental rights or in case of a collision between a fundamental right and a countervailing interest, it is not sufficient only to refer to this principle within the argumentation. On the contrary, it is necessary to recognize a structure of this principle and to apply its components. In order to recognize the structure and components of the proportionality principle, it is necessary to understand the role and effects of human rights in legal orders. I assume that theoretical backgrounds of this principle contribute to the better understanding of the objective tension between the individual's autonomy and general will of the society. Another important aspect in the correct application of this principle is the institutional balance between the legislature and the judiciary and overcoming of the "counter-majoritarian problem". In the contemporary, not only Czech, but also foreign practice we may observe lots of examples in which courts do not pay appropriate attention to the proportionality principle. When solving hard cases, sometimes they made only a reference to this principle without further elaboration. From the...
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Selecting Criteria for the assessment of the disproportionate costs associated with the implementation and objectives of The Water Framework Directive 2000/60/EC
Škodová, Ivana ; Vojáček, Ondřej (advisor) ; Slavíková, Lenka (referee)
This paper tries to answer the question related to the implementation of one of Europe's most influential EU-directives, the Water Framework Directive. The Directive requires Member States to achieve good ecological potential and good surface water chemical status for bodies of water until year 2015. If the states cannot achieve those objectives within this period, then there may be grounds for exemptions from the requirement to prevent further deterioration of to achieve good status under specific conditions. One of those conditions could be that, the completing the improvements within the timescale would be disproportionately expensive. Question which is examined in this paper is, what criteria would be most appropriate for determining the disproportionate costs. Based on the review of most WFD-related studies and EU legislation are selected criteria, which should be used for the assessment of the disproportionate costs.
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