National Repository of Grey Literature 89 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Do Constitutional Court's rulings bind lower courts? Doctrinal and empirical perspectives
Drápalová, Jana ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee)
Do Constitutional Court's rulings bind lower courts? Doctrinal and empirical perspectives Abstract Czech doctrinal researchers conclude that decisions of the Czech Constitutional Court are - at least in some respect - bind lower courts pro futuro. Although continental legal systems do not officially subscribe to a doctrine of precedent, a quasi-precedential role of the jurisprudence of higher courts is often defended by theorists. However, this theory of quasi-precedent has never been empirically tested in the Czech Republic. This dissertation constitutes a first such attempt as it examines whether courts actually decide in practice according to the jurisprudence of the Czech Constitutional Court. Specifically, it focuses on a guideline decision by the Czech Constitutional Court on parole decisions made in 2018. The guideline decision emphasized that parole decisions - made by courts in the Czech legal system and not by parole boards or committees - constitute a systemic problem since they are poorly reasoned and as a result they are ambiguous and not persuasive. The guideline decision in detail stated what reasons can be used to justify parole decision and how various factors, such as previous convictions, should be interpreted when deciding on parole. This dissertation studies two groups of first-level...
Case-law for Missing VAT in Carousel Frauds
Procházka, Vojtěch ; ČR), (Odvolací finanční ředitelství (referee) ; Brychta, Karel (advisor)
The Master‘s thesis deals with the issue of missing VAT in carousel frauds in case-law of the Court of Justice of the European Union and the Supreme Administrative Court of the Czech Republic. Partial issues are identification of missing VAT and subjects in fraudulant supply chain whose right to deduct input VAT can be denied along with question of sanctional or reparational character of denial of right to deduct input VAT. The thesis contains recommended procedure for tax payers to minimize risks related to deduction of VAT.
Current labor law jurisprudence of the Supreme Court in the Czech Republic and its impact on regional education system
Konečný, Petr
Thesis deals with the case law of the Supreme Court in labor law with an impact on regional education. The Supreme Court is the supreme authority of the general court system in the country. The main mission of the Supreme Court is to ensure the unity and legality of court decisions, which is carried out through the adoption of a position on judicial decision-making. Attention is devoted to the analysis of individual legal cases in the field of regional education. KEYWORDS The Supreme Court of the Czech Republic, Jurisprudence, Regional education, Labor law, Labor disputes
Interpretation of labour law regulations in the case law of The Supreme Court of the Czech Republic
Šteffek, Artur ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
Interpretation of labour law regulations in the case law of The Supreme Court of the Czech Republic Abstract This thesis examines eight rulings of The Supreme Court of the Czech Republic that were handpicked for their extraordinary relevance in labour law. The author of this thesis attempts to find the solution to the problems solved by The Supreme Court in these rulings and then compares his reasoning and conclusions with the ones provided by The Supreme Court while evaluating the validity of the court's reasoning and conclusions along with whether The Supreme Court found its conclusions in a methodically sound manner. Rulings of cases No. 21 Cdo 4986/2010, 21 Cdo 224/2013, 21 Cdo 2745/2013, 21 Cdo 385/2014, 21 Cdo 5433/2014, 21 Cdo 3240/2015, 21 Cdo 1276/2016 and 21 Cdo 1276/2016 were the ones selected for analysis. The subject matter of the rulings listed above is as follows: When can an empoyer terminate a non- compete clause, whether or not specifying the applicable reason for termination in a medical opinion is needed in order to use said medical opinion as grounds for such termination, whether obstacle to work on the employee's part takes precedence over obstacle to work on the employer's part or vice versa, the relation between entitlement to severance pay and compensation provided by the Labour...
Contentious issues of necessary defence in judicial practise
Králová, Jana ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Contentious issues of necessary defence in judicial practice Abstract This thesis discusses necessary defence and its contentious issues which appear in judicial practice of Czech courts. It is one of the conditions precluding illegality stated in the section 29 of the Penal Code. Which means that a criminal offence is not committed if legal requirements for conduct in necessary defence are fulfilled. These requirements are that the defence should avert an impending or progressing attack to an interest protected by the Penal Code as well as not to be obviously grossly disproportionate to a manner of an attack. Necessary defence is an important institute of criminal law because it may affect everyone, and for this reason it has often appeared in the media and some cases even provokes social discussion on its legal regulation. The goal of this thesis is to analyse contentious issues appearing in court decisions such as possibility and manner of usage of a weapon or automatic defensive device, evaluation of motive to an act in necessary defence, comparison of protected interests, for example protection of life and health against protection of property or domestic freedom, consideration of an existence and a term of attack and related apparent necessary defence, the difference between mutual assault and...
Current labor law jurisprudence of the Supreme Court in the Czech Republic and its impact on regional education system
Konečný, Petr
Thesis deals with the case law of the Supreme Court in labor law with an impact on regional education. The Supreme Court is the supreme authority of the general court system in the country. The main mission of the Supreme Court is to ensure the unity and legality of court decisions, which is carried out through the adoption of a position on judicial decision-making. Attention is devoted to the analysis of individual legal cases in the field of regional education. KEYWORDS The Supreme Court of the Czech Republic, Jurisprudence, Regional education, Labor law, Labor disputes
Does the Parliament Respect the Constitutional Court?
Staněk, Michal ; Syllová, Jindřiška (referee)
The key concern of the thesis is whether the Parliament has been respecting the Constitutional court. In order to answer this question, the theoretical part resolves the very existence of the Parliament's obligation to follow the Court and its decisions. The empirical part provides two points of view on the subject. First, the role of the Court and its decisions in parliamentary debates is being discussed. Second point analyses the reactions of the parliamentaries in response to Court's findings abolishing a law or its part during the VII. election period of the Chamber of Deputies.
Case law influence on Czech national and international arbitration proceedings
Sedloňová, Věra ; Růžička, Květoslav (advisor) ; Müller, Milan (referee) ; Poláček, Bohumil (referee)
Case law influence on Czech national and international arbitration Proceedings Abstract Arbitration proceedings represent, besides civil judicial procedures, one of the methods for solution of material disputes in private-law relations. Arbitration proceedings have been used for quite a long time. In our territory they were used already under the rule of Charles IV. For example, Jakub Krčín and Štěpánek Netolický, who were well-known artificial lake engineers, belonged among highly appreciated arbitrators. Significant development of arbitration proceedings was registered after 1949, when the Steady Arbitration Court was established at the Czechoslovak Chamber of Commerce in May 1949 and exists up to now under the name "Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic". Legal regulation of arbitration proceedings was undergoing various changes. A principal change occurred in 1964, when the Act no. 98/1963 Coll., on arbitration proceedings in international trade and on enforcement of arbitration awards entered into force, admitting arbitration proceedings only in international trade relations and only for legal entities, at that time foreign trade enterprises. Another principal change then occurred as at 1 January 2015, the effective date of the...
Right to Deduct Charged VAT in the Case-law of the European Court of Justice and the Czech Supreme Courts
Procházka, Vojtěch ; Skoták, Vladimír (referee) ; Brychta, Karel (advisor)
This bachelor thesis is focused on the right to deduct charged VAT in case-law of Czech administrative courts and the European Court of Justice. Issues of limitation period, formal and substantive requirements and fraud regadring VAT deduction were analyzed and summarized. Suggestions and recommendations for taxable persons who deduct charged VAT are included.
Legal legislation of shared custody
ŠTEFÁNIKOVÁ, Kristina
This bachelor's thesis is dedicated to the Legal legislation of shared custody in the Czech republic. The aim of this thesis is to examine legal regulations of shared residency and to present its pros and cons. This thesis covers most of the theoretical elements of shared parenting. It is composed of six parts, each of them dealing with different aspects of child custody. Most of the chapters build upon a detailed research. Legal regulation and judicature are the main featured resources of this thesis. The first part features the parents and the child. The second chapter covers all three acceptable forms of child custody supported by law: sole custody, joint custody and shared custody. The third chapter is focused on the terms custody and visitation and their meanings from a judical and legislative point od view. The next chapter covers the role of the courts and other authorities associated with child custody. The fifths part describes the elements of shared custody in greater depths, including preconditions and methods how to apply for shared custody agreement but it also presents its downsides and limitations. The last chapter is based upon the method of secondary analysis. I studied court decisions of child custody cases statistically and analyzed how they refer to the individual aspects of shared parenting.

National Repository of Grey Literature : 89 records found   1 - 10nextend  jump to record:
Interested in being notified about new results for this query?
Subscribe to the RSS feed.