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The Role of the Courts of Administrative Justice at the Process of the Unification of the Legal Norm Interpretation of Public Law
Venclová, Petra ; Mikule, Leoš (advisor) ; Sládeček, Vladimír (referee) ; Skulová, Soňa (referee)
Charles University in Prague Faculty of law Abstract of the dissertation The title of the dissertation: The Role of the Courts of Administrative Justice at the Process of the Unification of the Legal Norm Interpretation of Public Law Supervisor: Doc. JUDr. Vladimír Mikule Author: JUDr. Petra Venclová Prague, March 2012 This dissertation deals with the role of the courts of administrative justice at the process of the unification of the legal norm interpretation in the field of public law. Ambition of this dissertation first lies in the function and meaning of administrative justice in relation of the legal norm interpretation on the level of interpretation practice of administrative body, second in capturing the process of unification of judicial activities of administrative courts in formal position as instrumental presumption for full development of material conception which has axiological content and might offer the answer to the question of legal- philosophical direction of administrative judiciary. This work is divided into three chapters on the basic level. The first chapter explains dualism in law within the meaning of dichotomy between private and public law. The administrative law as a part of public law is defined in the relationship to the private law through the different methods and aims of...
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Judiciary and the Right to a Fair Trial in Communist Czechoslovakia 1948 - 1989
Guckler, Daniel ; Wintr, Jan (advisor) ; Kühn, Zdeněk (referee)
The aim of the study is to map and judge the level of the right to a fair trial in Czechoslovakia after the communist revolution in relation to the minimum requirements imposed by the European Convention on Human Rights. Czechoslovakia did not ratified this Convention and therefore it is not regarded in terms of the applicable law, but in terms of timeless principles of fair trial as expressed in the Convention. Even present case law speaks about the need to comply with the timeless principles of a fair trial, namely the decision of the Supreme Court in the case Ludmila Brožová-Polednová, file number 7 Tdo 549/2008, and the decision of the Supreme Court in the case of Pavel Vítek, file number 7 TZ 179/99, which was also analysed by the author. The Convention is useful for comparing with regard to the time of its creation when there was in Czechoslovakia "intensification of the struggle against the class enemy" as Communist terminology justified escalating process of violations of the right to a fair trial. The starting point will be not only in classification of cases of violations of the right to a fair trial under Article 6 or other rights and freedoms of the Convention as it took place in Czechoslovak judiciary from 1948 to 1989 but also an understanding the situation in the legal environment at...
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The Role of the Courts of Administrative Justice at the Process of the Unification of the Legal Norm Interpretation of Public Law
Venclová, Petra ; Mikule, Leoš (advisor) ; Sládeček, Vladimír (referee) ; Skulová, Soňa (referee)
Charles University in Prague Faculty of law Abstract of the dissertation The title of the dissertation: The Role of the Courts of Administrative Justice at the Process of the Unification of the Legal Norm Interpretation of Public Law Supervisor: Doc. JUDr. Vladimír Mikule Author: JUDr. Petra Venclová Prague, March 2012 This dissertation deals with the role of the courts of administrative justice at the process of the unification of the legal norm interpretation in the field of public law. Ambition of this dissertation first lies in the function and meaning of administrative justice in relation of the legal norm interpretation on the level of interpretation practice of administrative body, second in capturing the process of unification of judicial activities of administrative courts in formal position as instrumental presumption for full development of material conception which has axiological content and might offer the answer to the question of legal- philosophical direction of administrative judiciary. This work is divided into three chapters on the basic level. The first chapter explains dualism in law within the meaning of dichotomy between private and public law. The administrative law as a part of public law is defined in the relationship to the private law through the different methods and aims of...
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Article 8 of The European Convention on Human Rights
Havelková, Lenka ; Grmelová, Nicole (advisor) ; Spirit, Michal (referee)
This thesis bearing the name "The European Convention on Human Rights, Article 8" has the objective to define the right to respect for private and family life through the jurisprudence of the European Court of Human Rights. The work is concentrating on the topic of registered partnership, especially upon the question of whether a homosexual pair can be recognized as a family in the sense of Article 8 of European Convention on Human Rights. Further issues discussed are the question of children and their biological parents, whether a child has a right to know his biological parents, and the problem of implementation of Article 8 in the Czech Republic focusing on the question of problems in implementation of the right to respect for private life and for family life. The first two chapters are aimed at defining the pertinent terms and outlining the historical development of this area of law. Main part of the work are the last two chapters, which are concentrating on the above mentioned issues through the interpretation of selected relevant jurisprudence of the European Court of Human Rights. This interpretation of the jurisprudence has resulted in answers on the set questions, with respect to the fact that it is a current interpretation of the Convention by the Court. The main finding is the necessity to realize that the Convention as a living instrument will keep developing according to the development of society, which leads to the results and answers being pertinent only at the time of writing of this work, with the future development being possibly different from current results.
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A Comparison of the European Court of Justice and the European Court for Human Rights
ŽŮRKOVÁ, Petra
The theme of my Bachelor work is A comparison of the Court of Justice of the European Communities and the European Court of Human Rights. The aim of this thesis is to compare two Courts which have fully different legal basis. This thesis consist of three main chapters. The first two parts describe each one of the Courts separately. In these chapters I focused on historical development of the Courts, sources of law, organization of the Courts and procedure before the Courts. The last part shows the comparison of those two Courts.
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