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Inaction and delays in proceedings as disciplinary offenses of judge in the Czech Republic
Slivková, Kateřina ; Pohl, Tomáš (advisor) ; Zahradníková, Radka (referee)
Inaction and delays in proceedings as disciplinary offenses of judge in the Czech Republic Abstract The present rigorous thesis deals with the topic of disciplinary liability of judges in the Czech Republic, specifically the disciplinary offence of inaction and delays in proceedings, as the most frequently criticized ailment of the Czech judiciary, whether it is the lay or professional public. On the one hand, the thesis defines the theoretical framework and the legal regulation on which the issue of disciplinary offences of inaction and delays in proceedings is based (in particular Act No. 6/2002 Coll., on Courts, Judges, Judges and the State Administration of Courts and on Amendments to Certain Other Acts, as amended, and Act No. 7/2002 Coll, on proceedings in respect of judges, public prosecutors and bailiffs, as amended), but at the same time the rich case law of both the European Court of Human Rights relating to disciplinary proceedings in the Czech Republic and the Constitutional Court is presented, and last but not least the case law of the disciplinary chambers of the Supreme Administrative Court. The thesis presents an analysis of the decisions of the disciplinary chambers of the Supreme Administrative Court in the years 2008 - 2023, whereby the analysis examines the methods of decision-making...
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Judiciary, Advocacy and Notary in Strakonice 1850-1938
PODHORSKÁ, Anna
Supposed work on the theme Judicary, Advocacy and Notary in Strakonice 1850-1938 deal with development of legal rules and state administration since the days of birth of district courts` system until period of end of the first republic. Forementioned time period was selected intentionally on the basis of extant archive materials, which were necessary for elaboration of the subject. Concretely the work applies itself to description of workload of juridical profession, personal life of their representatives operating in Strakonice and eventually to their function in community. Law and order deputies played a important role not only in political but also in cultural and public life. Very often they acted in municipal government, in some cultural club and of course they performed their professions at the same time. So called provincial practice run at small town did not offer big or revolutionary cases, still it was interesting. Spectrum of adjudications and legal and notarial agenda provide insight to people{\crq}s manners and behaviour in a given period. Purpose of the work is to bring closer juridical history of the region I come from.
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The position of a judge with a focus on acces to the profession of judge
Borovcová, Martina ; Macková, Alena (advisor) ; Dvořák, Bohumil (referee)
Status of a Judge with a Focus on the Approach to the Judicial Profession - Abstract This rigorous thesis deals with the legal regulation of the creation of the office of judge in response to the amendment to Act No. 6/2002 Sb., on courts and judges, implemented by Act No. 218/2021 Sb. effective from 1 January 2022. To evaluate the legal regulation of the appointment of judges, it is based on the definition of the concepts of judiciary, court and judge, describes the basic tasks of courts and the prerequisites for their proper functioning. The thesis defines independence as a fundamental aspect of the proper functioning of courts and judges. It deals with the concept of independence and its guarantees. It concludes that the method of appointing judges influences and is also a guarantee of this independence. In connection with independence of the judiciary, it also mentions the influence of the executive branch on the selection and appointment of judges. It analyses the legal regulation of approach to the office of judge valid until 31 December 2021, including a description of historical context to clarify the continuity of the legal regulation with social development. It describes attempts to unify the method of selecting candidates for judicial office. The main part of the thesis is devoted to the new...
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Professional ethics of judges in the Czech Republic
Friedel, Tomáš ; Kysela, Jan (advisor) ; Kosek, Jan (referee)
The purpose of this Master degree thesis is to introduce reader the professional ethics issues of judges in the Czech Republic. The thesis is composed of four chapters. The inner system of thesis was designed in a way that guarantees that level of abstraction falls as the thesis progress continues. In chapter one, there are explained the most abstract terms connected with professional ethics in general as a morality, ethics and law. There is also recognizable attempt to find relationship between mentioned terms. Second chapter, as a whole, is devoted to idea of profession and professional ethics. Text is focused on possible modification of relationship between ethics and professional ethics and it also refers about differences between profession and occupation. Last but not least there are as examples of professional ethics mentioned two "non-judges" professional ethics. In chapter three is described a fact the most regulation of judges conduct in Czech Republic is set down in positive law mainly. In addition of that, in chapter three there is mentioned attempt of judges self regulation in issues of professional ethics, which was realized by independent Czech judge's organization Judges Union of Czech Republic. Scope of the last chapter is used for utilization of knowledge contained in antecedent chapters....
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Ethical rules of conduct of judges in the Czech Republic
Bajzíková, Veronika ; Urban, Michal (advisor) ; Ondřejková, Jana (referee)
Ethical rules of conduct of judges in the Czech Republic This master thesis deals with ethical rules of conduct of judges in the Czech Republic. I chose the topic because in this area there is lack of scientific literature given to the topic of professional ethics in general and even less literature directly addressing the professional ethics of judges. The main objective of this thesis is to provide the most comprehensive picture of the professional ethics of judges in the Czech Republic and the resources on which it puts. The topic is brought to the reader within five chapters. The first chapter introduces the reader to the topic of ethics and its relation with morality and law and brings the view from the perspective of philosophy and legal theory. The second chapter deals with professional ethics and professional ethical codes, presents to the reader what the professional ethical code should be like. The content of the third chapter is in the first place to introduce the reader to the character and personality of the judge, his status in the legal system and, above all, the analysis of the professional ethics of judges. This chapter is the core of the work and in the analysis of various aspects of professional ethics draws on information acquired in the previous chapters. The main basis for this chapter...
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Constitutional guarantees of Impartiality of Judges and its Social connotations
Žižko, Igor ; Suchánek, Radovan (advisor) ; Janstová, Kateřina (referee)
Modern society is based on respect for the individual and at the same time it has created the institute of justice under which parties, in the interest of maintaining social cohesion, should resolve their disputes using the system of applying rights. The task of the judiciary is therefore to be an impartial arbiter, which is an absolute criterion for the acceptance of authoritativeness of this body, or more precisely the functionality and signification of this institute within the social contract. Only an unbiased judge can be the only guarantee for the nemo iudex in causa sua principles to be observed. The European Convention imposes on the states - members of the Council of Europe such legal conditions which guarantee every country the right for their affairs to be discussed fairly, in public and in a reasonable time limit by an independent and impartial court established by law which will decide about their civil rights and obligations or of any criminal charges raised against them. The Constitutional Order of the Czech Republic guarantees everybody the right to a fair trial conducted in accordance with the law before an impartial judge. Constitutional guarantees of fair legal proceedings before an impartial judge are supplemented with legal rules of the sub constitutional law. Yet, it is the...
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Legal status of the judge in the Czech republic
Stieberová, Marie ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Název práce v anglickém jazyce: Legal status of the judge in the Czech Republic Abstract The work deals with the topic "Legal status of the judge in the Czech Republic". I chose the topic of the thesis because I consider the function of judge to be one of the vertices that can be achieved in the legal field. Everything related to this feature seems to be interesting and investigate. In addition, I consider the topic is important in society. I had the oportunity to work as an assistant to two civil judges in the district court for two years and to look into the "court action". During this time I came into contact with several judges, I attented several courts hearings. The thesis is divided into 23 chapters. The beginning of the thesis is devoted to the historical development of the judiciary and to the related development of the position of a judge in the Czech Republic. Rendering in historical contects is important for easier understanding of the influences they had and have an impact on today's legal status of a judge. From a historical point of view this helps to avoid potential mistakes from the past in the future. The judiciary of the present is specified in the following chapters, which regulate the rules of the judiciary, the conditions for the establishment and exercise of the judge. The position of...
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To Be a Lawyer - Theory and Practice of Professional Ethics of Chosen Legal Professions in the Czech Republic
Friedel, Tomáš ; Kysela, Jan (advisor) ; Maršálek, Pavel (referee) ; Večeřa, Miloš (referee)
The dissertation thesis To Be a Lawyer - Theory and Practice of Professional Ethics of Chosen Legal Professions in the Czech Republic aims to strengthen (currently rather weak) discussion about professional ethics in the Czech Republic. The first part introduces elemental terminology of the topic which enables easier understanding of second and third part. The second part is devoted to the presentation of results of researches regarding the analysis of judgements issued by Czech disciplinary authorities on judges', state attorneys' and lawyers' discipline. The last part demonstrates how professional ethics scrutiny operates in a real-life situation. A judicial usage of social media serves as an example of such situation (or more precisely of such scrutiny). Arguments for and against the judicial usage of social media are articulated and based in a weighting of the arguments final decision is taken.
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Position of a judge during evidence proceeding in contentious procedure with regard to the practice
Tajovská, Ludmila ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The main goal of this master's degree thesis is to provide information about position of a judge during evidence proceeding in contentious procedure with special focus on production of evidence. In the text I often use particular decisions of the Constitutional Court of the Czech Republic and the Supreme Court of the Czech Republic to demonstrate how theoretical legal institutes are applied in practice. I have decided to choose this topic because I am very interested in judge's profession and its practical aspects especially within evidence proceeding. More reasons for my research are stated in the very first introductory part of my theses. The whole theses is composed of three parts and each of them dealing with different sides of evidence proceeding or position of a judge within the meaning of his rights, duties, activity and also responsibility. Part One generally characterizes evidence proceeding and it makes the foundation for following part that is focused on partial phase of evidence proceeding (i.e. production of evidence). This part is divided into four chapters. The first chapter describes contentious and non-contentious procedure and also gives an explanation of main distinctions between these concepts. The second chapter concerns with basic principles of justice and civil procedure. The...
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