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Participants in administrative proceeding and their legal status Abstract This rigorous thesis deals with the participants in administrative proceedings and their legal status. The aim of the thesis is to describe the legal regulation of the participants in administrative proceedings and their selected procedural rights in the Czech Republic, to point out the deficits of the legal regulation and to present proposals de lege ferenda. The author used descriptive method and critical analysis in writing. The thesis also contains a comparison with foreign legislation. The author draws on Czech and foreign sources. The thesis contains the author's observations on the subject. The rigorous thesis is composed of the introduction, eight chapters and the end. In the introduction, the author states the aim of his thesis, methodology, sources, structure of his thesis and the reasons that led to the writing of the rigorous thesis. The first chapter is focused on the administrative procedure, its characteristics, division, subject and basic principles of administrative authority operation. In the second chapter, the author defines the subjects of the administrative procedure. The third chapter contains the characteristics of the participants. The author defines the participants according to the Administrative Code. The...

Správní řád, jakožto obecný procesní právní předpis pro oblast výkonu veřejné správy, postupy při realizaci faktických úkonů a bezprostředních zákroků především z důvodu absence jejich procesní složky neupravuje, nepočítám-li mezi ně exekuce na nepeněžitá plnění. Nicméně základní zásady činnosti správních orgánů vyjádřené v jeho úvodu je nutno uplatnit při postupu u veškerých právních forem činností orgánů veřejné správy, tedy i v případě faktických úkonů a bezprostředních zákroků. Předkládaný příspěvek se zabývá otázkou míry uplatnění jednotlivých základních zásad činností správních orgánů při realizaci faktických úkonů a bezprostředních zákroků, a to ve světle judikatury Nejvyššího správního soudu. Administrative Code as the general procedural law in the area of public administration procedures in the implementation of de facto acts and immediate action mainly because of the lack of procedural component does not, not counting among them the execution of non-cash transactions. However, the basic principles of administrative bodies expressed in his introduction, it is necessary to apply the process for all legal forms of activities of public authorities, therefore, even if the factual immediate actions and interventions. This paper examines the rate of deployment of individual fundamental principles of activities of administrative authorities in making the factual acts and immediate action in light of the case law of the Supreme Administrative Court.

Příspěvek se věnoval návrhu správního řádu Evropské unie z perspektivy Polska. Příspěvek se věnoval návrhu správního řádu Evropské unie z perspektivy Polska. This contribution focused on the issue of feature of Model Rules on EU Administrative Procedure and describes conference that took place in Poland to this topic.

Příspěvek se zabývá pohledem na uplatňování opravných a dozorčích prostředků v režimu správního řádu z pohledu zkušeností a také některých dílčích legislativních změn v průběhu deseti let účinnosti správního řádu. Ve výsledku reflektuje aktuální právní stav na předmětném úseku a současně také poukazuje na vývoj a aktuální stav judikatury ve vztahu k předmětným opravným a dozorčím prostředkům. The paper deals with looking at the implementation of provisions and supervisory resources within the administrative order in terms of experiences and also some partial legislative changes over ten years efficiency of the administrative order. The result reflects the current legal situation at the present period, while also highlights the evolution and current state of the case law in relation to the present appeal and supervisory resources.

The Institution of Complaint According to the Administrative Procedure Code The subject of this rigorous thesis is a special type of complaint, which is a complaint about certain kind of behavior or procedure in public administration. Author of this thesis generally defines the complaint as an individual submission of the complainant intended to achieve a correction of the perceived drawbacks. The element of the individuality differs this type of submission from petitions, for which the shared interest is characteristic. Unlike the petition law the legal regulation of the complaints is very problematic and fragmented. It happens to be a remnant of for a long time unsolved situation, where the complaints were regulated by a controversial governmental decree from 1958, which was issued by unauthorized government and which was intended as provisional only. Despite the subsequent polemics regarding its validity and binding effect was this decree abolished as of 1 January 2006 relatively without any substitute. Until that time the complaints were regulated in a plenty of special acts, but the general regulation was missing. The change was supposed to be brought by the current Administrative Procedure Code, which original government proposal lacked the regulation of the complaints, but in the end it...

in English The main topics of my thesis are public law contracts. Public law contracts can be defined as bilateral or multilateral legal operations, which establish, change or repeal rights or duties in the area of public law. I tried to give a complete point of view on them, including their history, the actual legal regulation and I also tried to present the single types of public law contracts. Public law contract is one of the forms of public service. It is an institute, which was already commented by legal theorists in the period of Austria-Hungary and also in the beginning of 20th century. The importance of this institute was shaded during the Second World War and during the period of communism. The democracy and then the general legal regulation in form of the normative act No. 500/2004 called the Rules of Administrative Procedure give the institute importance again. Public law contracts can be considered as instruments, which help to involve private entities in the sphere of public services. The thesis is divided into chapters, but it is possible to say, it is divided into two big parts. The first one concerns the definition of the public service in general, because I suppose it is necessary to understand the whole system for determining the public law contracts issues. It also concerns the...

Bachelor thesis represents set of basic principles activities of public authorities and their practical application. The theoretical part is focused on general information about public administration and its activities, further to the description of the basic principles activity of administrative authorities and also to administrative justice. The above information was drawn from literature, articles or case law and served as a basis for research. The practical part describes the application of the principle of legislative expectations administrations in practice and outlined on the selected decision of the Supreme Administrative Court. Further evaluation questionnaire survey concerning the application of the basic principles of the five selected regional authorities (employment office, district social security administration, land registry office and the tax office) from the perspective of clients and officials.

In my master thesis, I have been mapping the work of regional hygiene stationswhile solving problems and providing services during exceptional situations in the methanol cause. For the practical part, I have decided to use the combination of the quantitative and the qualitative type of research. To gather the data, I have created a questionnaire that was composed of five open-ended questions. I have used an electronic way of distributing the questionnaire to all of the 14 regional hygiene stations of the Czech Republic. Unfortunately, there were only three hygiene stations that provided the needed data. The three participating hygiene stations were: KHS of South Bohemia region residing in ČeskéBudějovice, KHS of Vysočina region residing in Jihlava, and KHS of West Bohemia region residing in Plzeň. The secondary analysis of data was used to analyze and evaluate the given answers. For the needs of questionnaire examination, there has been created another questionnaire. It was composed of 14 closed questions that were mainly related to the knowledge and attitude of respondents to the given topic. All of the 206 respondents were residents of South Bohemia region. The questionnaire was posted on several internet web pages, and the research took place from March 2014 to July 2014. I have set several goals of the research. The first goal was to discover the number of incentives to be solved that were accepted by the three participating hygiene stations between the years 2008 and 2013. During the past six years, KHS of South Bohemia region, KHS ofVysočina region, and KHS of West Bohemia region experienced the growing trend in the number of incentives accepted. The lowest number of incentives accepted in KHS of South Bohemia region was in 2009, in KHS of Vysočina region in 2009 and 2010, and in KHS of West Bohemia in 2011. On the other hand, the highest number of incentives was experienced by all hygiene stations during the year 2013, and the number was significantly higher than in previous years. Another goal was to discover the number of alcohol accepted by KHS of South Bohemia during the methanol cause, the number of alcohol tested, and also the proportion of harmful alcohol that contained either methanol of isopropanol. In the South Bohemia region, there were 670 samples being tested during December 2012. Out of the 670 samples, there were 16 harmful samples, as 11 of them got over the technological limit of isopropanol contained, and 5 of methanol contained. Part of the master thesis was also to map the awareness of South Bohemia region residents of the methanol cause, and tolearn about their estimation on being able to recognize harmful alcohol by themselves without having it tested. The results have shown that 206 people which is equal to 100% of respondents were aware of methanol cause, and that they had at least basic information about it. 45 (22 %) respondents believed that they were able to recognize harmful alcohol by themselves, and 53 (26 %) respondents did not know about the possibility of having the alcohol tested by the hygiene stations. Out of all 153 well-informed respondents, only 3 (2 %) had their alcohol tested. The last goal of my master thesis was to discover the residents' opinion on hygiene stations. Concretely, I wanted to determine whether respondents would use a guide on how to report a complaint or an incentive. 100 % (206) of respondents have agreed on the fact that it would be useful if such a guide would be present on the web pages of each hygiene station. The research has also shown that 203 (99 %) respondents have answered that they assume that state administration bodies should be more helpful when giving information.Only 3 (1 %)respondents answered that the attitude of state administration is good enough.

Thesis on the topic: The procedures of public administration in the area of state aid Author: Martina Koutná The main aim of this thesis on the topic "The procedures of public administration in the area of state aid" is to analyze the issue of investment incentives in the Czech Republic from the perspective of the state aid rules and the reasons for this regulation. The main attention is paid to the system of investment incentives based on Act on Investment Incentives in the context of the general problems of state aid. The work focuses on the application of the Administrative Code on the investment incentives and analyzes the process of public administration in providing subsidies on the basis of budget rules. The aim is to analyze the diametrically different approaches and to point out key differences. In particular, that the Administrative Code is applicable to the process of providing investment incentives and the process is subject to judicial review. While in the case of subsidies, on the basis of budget rules, neither administrative procedure nor judicial review is possible. In connection with the provision of subsidies " anti-corruption amendment" to the budget rules is critically assessed and the author refers attention to its unconstitutionality. Among other things, the thesis points out...

The process of the environmental impact assessment is an important means of the preventive protection of environmental law. This process can be seen from two plains that are represented by the distinct means of legislation relating to the environmental impact assessment. The first plain is a strategic environmental assessment (SEA), the subject of which is constituted by the assessed documents, plans and other conceptual tools. The second plain is an assessment of projects (EIA), the subject of which are already particular plans of buildings, technology and other projects with a significant impact on the environment. The purpose of this thesis is both general and individual confrontation of peculiar process of assessment of projects with the rules of administrative procedure to determine whether it is possible to submit the EIA to the administrative proceedings, or at least certain provisions of the rules of administrative procedure. As an administrative process that is managed by public administration authority, is EIA process subjected to the legal provisions regulating the activities of public administration at the same time. The rules of administrative procedure is the basic legislation governing the administrative procedural law. This thesis deals with a relationship between the process of...

The bachelor thesis called ?Remedies in administrative proceedings? is theoretical bachelor thesis. It is mainly based on detailed explanation of administrative set of rules. For this reason, it is trying to make a complete picture of administrative set of rules. It deals with the explanation of basic terms used in an administrative management. For understanding the current principles, which are valid in this area of law, there is very shortly sketched the development of the administrative set of rules in the Czech countries. The aim of the thesis is to describe in details and define the valid law legislation of the administrative set of rules with the specialization for the remedies of administrative proceeding, including the possibility to use the judicial review. The next aim of this thesis subsequently becomes the assessment of the possibility of a party to administrative proceedings in case of his disagreement with the administrative decision or suspicion for failure of administrative authority in the administrative proceedings.

The content of this bachelor thesis is the issue of the current legislation in force in relation to land consolidation and the Administrative Code. I tried to completely analyze the entire area of land consolidation. Management of land consolidation is very specific, mainly because the provisions of the Administrative code are applied only minimally. I have analyzed the various stages of the proceedings, and I pay attention to appointing a guardian, the particulars of decisions and remedies that are established in administrative law. The final part is developed on the basis of practical informations obtained from the Land Office Klatovy. Decisions dealing with this problem in practice are added to the work

TITLE: Legal Analysis of the Process of Children's Nursery School Enrolment AUTHOR: Jaroslava Oplová DEPARTMENT: The Centre of School Management SUPERVISOR: RNDr. Jindřich Kitzberger ABSTRACT: The paper work deals with individual operations in the process of admitting children to the nursery schools, following primarily the Education Law and Civil Service Rules. The legal frame of administration authority actions such as contained in the Civil Service Rules is rational, however very extensive. A thorough knowledge of additional related legal regulations is necessary to observe legitimacy in the course of entire administrative procedure. The admission standards become significantly involved, according to which the ranking of applicants is determined. After passing the Law No.49/2009, which altered the Law No. 561/2004 of Statute Book on preschool, elementary, secondary, college and other education (Education Law), in reading of later regulations, discrepancies in legal provisions of Education Law in the decision-making field concerning also preschool education have happened, as the decision-making in admission to nursery schools was removed from the scope of the Civil Service Rules. Even the expectations concerning implementation of the principles for admission process to preschool education into the...

On January 1st, 2006, the act no. 500/2004 Coll., administrative procedure code (hereinafter "New administrative procedure code") has come into effect, replacing the act no. 71/1967 Coll., on administrative proceedings (administrative procedure code) (hereinafter "Old administrative procedure code"). The New administrative procedure code came with a broad range of new legal institutes and altered many others. The purpose of this thesis is to place the New administrative procedure code and the Old administrative procedure side by side to compare them with one another and to attempt to evaluate the contribution of the New administrative procedure code to the Czech legal system. The structure of the thesis follows the structure of the New administrative procedure code. Because of the range restrictions, this thesis cannot cover the whole content of both administrative procedure codes, so the scope of the thesis is limited only to the most important or the most interesting changes that the New administrative procedure code has brought. The thesis is composed of nine chapters; each of them deals with a different part of administrative procedure codes. The first chapter describes the process of birth of the New administrative procedure code and comments on the explanatory report. Chapter two focuses on...

Jemelka, L. The Principle of Subsidiarity of the Administrative Procedure Code, dissertation. Prague: Charles University in Prague, Law Faculty, 2012 In this dissertation I address the principle of subsidiarity of the Administrative Procedure Code, in particular I address the issue of current, previous and future application of the general rules of administrative proceedings in certain administrative proceedings and other procedures of the administrative bodies. This topic, which is close to my profession, is seen from the practical as well as from the theoretical point of view. The Czech administrative proceedings are analysed in both aspects de lege lata and de lege ferenda. In introduction of this dissertation I describe basic terms relevant for definition of the mutual relation between legal acts. I emphasize mainly the possible meaning of the term subsidiarity and particularly its meaning expressed by the rule lex specialis derogat legi generali. I also address other terms such as reference, analogy ect. Assessment of the application and subsidiarity of the Administrative Procedure Code is not limited to the current legal framework, but covers also applicability of the principle of subsudiarity of the Administrative Procedure Code in the past. It is necessary discuss the previous legal...

The main aim of this diploma thesis is mention changes which come into force and compare with antecedent modification. Intention is not to be completely comparison new and antecedent legal adjustments. This progress would solicited extensive representation entire issue who area exceeds requisites of diploma thesis. Core of diploma thesis is analyse some legal remedies within the administrative procedure.

I propose to assess in my Bachelor's work the influence of the Construction Law on the building of the family house that is known as "Anička" ("Annie" in English) and which I shall henceforth refer to as "Vila Anička". The house is in the Secessionist style and has Land Register No 492 in Gončárova Street, Plot No 574, in the area covered by the Hradec Králové Land Register. In the first chapters I propose to describe and characterise in general terms the procedure for demolishing a building, the process of land and construction management, and the influence of the relevant bodies and their stance towards the construction and the architectural plans. I then propose to assess the conditions and requirements for undertaking the construction and the use of the building. In the second part of my Bachelor's work, I should like to go into more detail about the Generali Hradec Králové plan, whereby Generali Pojišťovna, a.s. (Generali Insurance Company Inc) intended to build a new administrative building on the site of Vila Anička. The capital investment in the construction of the new building was interrupted when architectural specialists submitted a proposal that Vila Anička should be registered as a listed building. The declaration of Vila Anička as a cultural monument was pivotal in the licensing process pursuant to the Construction Law and had a decisive effect with respect to authorisation of demolition of the building and subsequent building control. The aim of my Bachelor's work is to assess in a wider context the impact of the Generali Hradec Králové plan from the point of view of protection of public interests, town planning and the urban values in a given areas versus the interests propagated by the investor.