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Action for protection against unlawful interference Abstract This thesis which is called "The action against unlawful interference" deals with the procedure of judicial protection against unlawful interference, instruction or coercion of administrative authority and its effectiveness, particularly concerning the protection of public rights. The thesis is divided into seven chapters with an introduction and a conclusion. The introduction sums up the aims of this work and briefly presents the content of each chapter. The first chapter describes the term interference as understood by the Code of Administrative Judicial Procedure and by legal theory. In this chapter, there is also a list of case law examples of unlawful interference. The second chapter contains a brief summary of the history of administrative judicial procedure in this region. The third chapter summarises the protection against unlawful interference legislation which is enacted in Article 82 and following of the Code of Administrative Judicial Procedure. The fourth chapter presents the problematic application of legal action against unlawful interference. The negative consequence of using the term administrative decision in the material sense and disunited judicial practise of the court's obligation to instruct about the possible change of type...

Legal framework of spatial regulation at the city level Abstract This diploma thesis would describe the mechanisms of spatial regulation, which is a significant part of the construction law. The goal of this thesis is to analyze the system of spatial regulation, to describe it's position within construction law and to help the reader to navigate himself through this system. Spatial regulation is a segment of construction law meant to preserve sustainable development of territories and the balance between private interests of residents and builders and many public interests via limitation of the three-dimensional form of buildings or via implementing other related demands towards the builders. The thesis would describe tools of territorial planning and the outcoming spatial regulations and the technical terminology used in the field of spatial regulation. Based on some practical examples shown in the thesis, the reader should be able to recognize, how small and big cities use a very different approach in terms of territorial planning and spatial regulation. The thesis would describe some specifics of the capital city Prague, since this difference can be seen with the most intensity. Within six chapters, this thesis would introduce the definition of spatial regulation and it's legal base in the construction...

Felling woody plants which grow outside of the forest and a transport infrastructure Abstract The subject of this diploma thesis is a legal regulation of felling woody plants located near road and rail transport infrastructure. It focuses mainly on the analysis and evaluation of the current legal regulation of this area, together with de lege ferenda proposals that could lead to the improvement of this legal regulation. This thesis is divided into three sections, which are further divided into individual chapters and subchapters. The first section is focused on the description of the general legal regulation of felling woody plants which grow outside of the forest. This general legal regulation form the basis of special legal regulations of felling woody plants located near road and rail transport infrastructure. In this section there is an illustration of the central concept of woody plants which grow outside the forest, an exploration of three basic principles of this regal legulation and, above all, a description of the individual regimes under which it is possible to fell woody plants. Special protection regimes of woody plants which grow outside of the forest are also briefly discussed. The second section is dedicated to the felling of woody plants which are located near road infrastructure and related...

Setting of Judicial Review in Administrative Matters Abstract The thesis deals with selected types of lawsuits, which are the most common. These three main lawsuits are a lawsuit against an administrative decision, a lawsuit against inactivity and a lawsuit against unlawful interference. The thesis deals primarily with the current problem, that in some cases it is not certain what form of administrative action or inactivity the addressees of legal norms should defend themselves against. This is connected with the question of drawing the line between the different types of lawsuits. Although most of the actions of administrative bodies can be easily classified under a clear form of public administrative activities or inactivity, there are also cases in which this classification causes difficulties not only for the addressees of legal norms but also for the courts themselves. The thesis consists of three main chapters, an introduction and a conclusion. The first chapter provides a description of the current situation, which is characterised by a plurality of types of lawsuits. In the first place, the thesis describes a lawsuit against an administrative decision, which is considered to be the main type of lawsuit. It also discusses selected issues concerning the relation between a lawsuit against unlawful...

Legal Regulation of Prostitution in the Czech Republic Abstract Prostitution and questions about its legal framework have accompanied humanity since time immemorial. For many centuries periods of prohibition, when prostitution was banned and prosecuted, alternated with periods of regulation, when prostitution was allowed within the legal framework on the territory of the present-day Czech Republic. Since 1992 an abolitionist approach to prostitution has been in place, meaning that prostitution is neither prohibited nor expressly permitted by law. The only regulatory element in the current concept of abolitionism is the power of municipalities to issue generally binding by-laws to ensure local public order. Using by-laws, municipalities are allowed to regulate or even ban prostitution from local public grounds. Since the establishment of the independent Czech Republic, several proposals have emerged with the objective to "solve" abolitionism, demanding a change in the legal approach either towards repression or, more often, towards the creation of legal framework. However, none of them has yet been adopted. This is partly because there is no general agreement on what is the right "solution" and partly because the adoption of prostitution laws is not in accordance with the Czech Republic's obligations under...

Public Administration and eGovernment Abstract This diploma thesis Public Administration and EGovernment brings a unique perspective on the existing and new legal regulation of eGovernment. The essence of the thesis is a legal analysis of the newly adopted Digital Service Rights Act. The concept of the Act, which has been determined by specific circumstances of its creation, as well as the content of the Act, and the newly regulated digital rights, are critically analyzed. Some of these digital rights are only generalizations of existing rules regulated by various eGovernment acts, while other digital rights are wholly new and address previously unaddressed digitalization issues. The focus of this paper is on key digital rights such as the right to use digital services, the right to perform digital acts, and the right to share stored data. A crucial part of the new Act is dependent on legal institutes regulated by existing eGovernment laws. Concerning these legal institutes, the thesis offers a reflection of existing legal regulation and answers to some persistent legal questions concerning, for example, logging into public administration portals, the automatic setting up of data boxes for certain ordinary citizens, or qualified and non- qualified forms of electronic submission. Using international indexes...

Building as a cultural monument Abstract The intention of the thesis is to try to define the building as a cultural monument from the beginning of the monument protection, before its duration, until its termination. The thesis also deals with the relations between the authorities operating in the field of monument protection. The analysis of the topic is based mainly on the legislation in force, commentaries on the legislation and case law. The graduate also included real cases in the work, which serve to better understand the issue. Monuments, specifically buildings, are an integral part of the life of every individual in a given society. It is fortunate that the Czech Republic is blessed with many buildings that are considered cultural monuments because they contain both architectural and historical values from the past. The topic is still topical because, despite many efforts to change it, the law on monuments from the 1980s is still in force and can no longer correspond to the requirements of a democratic society. The thesis is divided into seven chapters. The first chapter deals mainly with an introduction to legal terms, their incorporation in legislation and subsequent legislation. The second chapter is left to the authorities active in the field of heritage conservation, their powers and relations,...

The legal nature of the curriculum documents of the Czech Republic's educational system ABSTRACT This thesis treats the selected set of curriculum documents within the Czech legal framework laid down by the Act No. 561/2004 Collection of Law, on Pre-school, Basic, Secondary, Tertiary Professional and Other Education (the Education Act), as amended. The focus aims towards the Framework Educational Programmes (FEP) and School Educational Programmes (SEP), for which the relevant FEPs were issued. The National Educational Programme according to the Education Act as amended effective until 30. September 2020 is also taken into consideration on a theoretical level. In the times of expecting considerable state-level curriculum documents contents changes, and consequent changes on the school level, this thesis aims to analyse substantial legal aspects of each type of curriculum documents and their mutual effects and to assess, whether the current legal framework reflects their presumed use and meaning appropriately. With that goal, the key notions are defined first though and a brief insight into the curriculum historical development is provided. The thesis identifies an insufficiency within the valid legislation as the legal forms the curriculum documents should take are not laid down and consequently examines...

Administrative Sanctions in The Field of Gambling Abstract The dissertation "Administrative Sanctions in the Field of Gambling" focuses on the description and analysis of the extent to which the specificity of the regulation of gambling is reflected in the interpretation and application of the administrative criminal law in this sector. In this regard, the main attention is paid to how the principles of administrative punishment are applied in dealing with gambling offences, and this analysis is based mainly on specific administrative rulings of relevant administrative authorities, i.e., the Ministry of Finance and customs authorities. The basic aim of this thesis is to assess how the administrative sanctions are applied in the operation of gambling games from the point of view of fulfilling the basic principles and institutes of the administrative criminal law as well as to evaluate the extent to which the administrative punishment contributes to the fulfilment of the point and purpose of this public-law regulation, that is always with specific cases and situations in which the facts of the case of individual gambling offences are presented. Another goal is to assess, inter alia, how the social perception of gambling is reflected in the decision-making activities of administrative bodies responsible for...

Legislation for securing the availability of human pharmaceuticals Abstract Medicinal products are a specific type of goods necessary for effective provision of health services. The Act on Pharmaceuticals entrusts legal instruments to the Ministry of Health, the State Institute for Drug Control and other entities in order to prevent shortages of medicinal products. The goal of this thesis is to introduce and analyse specific instruments that can be used to resolve potential or existing shortages of medicinal products in the Czech Republic. For the purpose of clarity, the diploma thesis is divided into a total of 10 chapters. The first two chapters define the basic terms, which are then used throughout the thesis, and administrative bodies that are important participants in securing the availability of medicinal products. Regarding the basic terms, they are a medicinal product, availability of medicinal products, the marketing authorisation holder and placement of a medicinal product on the market in the Czech Republic. The competence of administrative bodies in the area of securing the availability of medicinal products is also elaborated in more detail in the second chapter. The third chapter introduces the sources of knowledge in determining the potential shortages of medicinal products. The market...

Administrative infractions in construction law Abstract The diploma thesis entitled "Administrative infractions in construction law" focuses on the law of administrative infractions and the specifics of the basic facts of administrative infractions in the field of construction law. The diploma thesis is divided into two parts, namely the general part and the special part. The general part of the thesis aims to introduce the basics of the law of administrative infraction - it consists of the definition of the concept of an administrative infraction and analyses of its basic attributes, the definition of the conditions of liability of individuals, legal entities, and enterprising individuals in administrative infractions and introduction of the issue of administrative penalties, their functions, principles, and basic principles and aspects of their imposition with a closer focus on the administrative penalty of the fine and the principles of determining its amount, for the fine is an administrative penalty that is imposed for administrative infractions under the Building Act. The special part of the diploma thesis addresses the introduction of the system of administrative infractions in the Building Act and includes a thorough analysis of the facts of administrative infractions under the Building Act with...

Action for protection against unlawful interference Abstract This thesis deals with the topic of protection against unlawful interference, instruction or coercion of an administrative authority pursuant to Section 85 et seq. of Act No. 150/2002 Coll., Administrative Procedure Code. The first chapter defines the key elements of a factual intervention as one of the forms of public administration activities, doing so primarily by theoretical comparison with an administrative decision. The chosen approach is primarily guided by the negative definition of factual intervention by an administrative authority contained in Section 85 of the Administrative Procedure Code, which contraposes it with an administrative decision. The first chapter also includes an in-depth analysis of three model examples representing atypical forms of public administration activity, against which, based on the conclusions of court practice, an action for interference may be brought. The second chapter discusses the position of an action for interference within the three basic types of administrative actions, and its relationship to an action against a decision and an action against the inaction of an administrative authority. It also does so on the basis of an analysis of the judicial interpretation of the concept of an administrative...

The position and activities of the Czech Bar Association Abstract The topic of this diploma thesis is a treatise of "Position and activities of the Czech Bar Association" (hereinafter CBA). The CBA is a self-governance professional organisation and it is a proffesional association with mandatory membership. It is not possible to contain so extensive topic in a whole scope within limited space of diploma thesis in general. The main aim of this thesis is to provide a complex perspective of the CBA and point out the issues that are charasteristic, not just for CBA, but for all proffesional associations with mandatory membership. In addition to the descriptive passages this diploma thesis includes reflections of the current legislation and possible modification of it. The diploma thesis consists of introduction, three parts and conclusion. The first part provides a brief description of the historicial position of the CBA in the Czech republic since the middle of the 19th century to the present day. This part deals with a self-governance of the CBA that is enshrined in a legal order of the Czech Republic. The second part is focused on organization of the CBA. The Advocacy Act no. 85/1996 Coll., sets down, that the structural organization of the CBA consists of the obligatory and facultative bodies. This diploma...

Some disfranchisement and limitation of property rights of immovable things in Czech administrative law Summary nThis work deal with some disfranchisement and limitation of property rights of immovable things in Czech administrative law. The work have three main points of interest. First point is discribtion substantive conditions disfranchisement and limitation of property rights. I analyze difference between limitation property according to Art. 11 para. 3 and Art. 11 para. 4 of the Charter of Fundamental Rights and Freedoms. It was made "algoritmus intenzity" "the algorithm of intensity" for this diferenciace. There is discribtion substantive conditions of disfranchisement and limitation of property rights according to Art. 11 para. 4: "in public interest under the rule of law and with compensation.", according to Art. 11 para. 3: "under the rule of law, proportionality, general interest" and loock for difference of disfranchisement and limitation of property rights in international documents for example the European Convention for the Protection of Human Rights and Fundamental Freedoms from 1950. Specially the First Protocol to the European Convention, signed in Paris in 1952, includes the right to the peaceful enjoyment of possesion in the Article 1 which are Very important for Czech regulation For...

Possibilities of acceleration of permitting processes in construction Abstract - ?I C7IJ;H J ;I?I E9KI;I ED FHEFEI7BI EH 7D 799;B;H7J?ED E F;HC?JJ?D FHE9;II;I ?D 9EDIJHK9J?ED M ?B; J ; FHE9;II;I MEKB: C7?DJ7?D 7D 7:;GK7J; B;L;B E FHEJ;9J?ED E FK8B?9 ?DJ;H;IJI - ; JEF?9 E J ; J ;I?I 7I ? H;B;L7D9; 9ED9;HD?D J ; FH;F7H7J?ED E J ; FK8B?9 9EDIJHK9J?ED B7M H;9E:? ?97J?ED 7D: M?J H; 7H: JE J ; L?I?ED E 7:EFJ?D J ; D;M 8K?B:?D 79J 8O - ; J ;I?I 7?CI JE ?:;DJ? O J ; C7 EH 97KI;I E J ; FHEBED 7J?ED E J ; F;HC?JJ?D FHE9;II;I - ; MEHA ?I E9KI;: ED JME FHEFEI7BI M ?9 97D 8; 9EDI?:;H;: JE 7L; J ; FEJ;DJ?7B JE I? D? ?97DJBO 799;B;H7J; J ; FHE9;II;I - ; ?HIJ ED; ?I 7 FHEFEI7B EH 7 D;M EHC E FHE9;:KH; EH FB7DD?D 7D: 8K?B:?D 7KJ EH?I7J?ED - ; FHEFEI7B M7I FH;I;DJ;: ?D J ; ?DJ;D:;: IK8 ;9J C7JJ;H E J ; D;M 8K?B:?D 8?BB - ; I;9ED: FHEFEI7B 7I 8;;D :;87J;: EH I;L;H7B O;7HI 7I JE M ;J ;H ?J 9EKB: 8H?D 78EKJ 7D 799;B;H7J?ED E J ; F;HC?JJ?D FHE9;II;I M ?B; C7?DJ7?D?D 7 IK ?9?;DJ B;L;B E FHEJ;9J?ED E FK8B?9 ?DJ;H;IJI "J ?I 7D ?DJHE:K9J?ED E J ; B; 7B ?9J?ED E 7 FEI?J?L; 8?D:?D EF?D?ED ?DJE J ; ;D;H7B B; 7B H; KB7J?ED ED J ; FB7DD?D 7D: 8K?B:?D F;HC?J FHE9;:KH; - ; J ;I?I ?I 9ECFEI;: E EKH 9 7FJ;HI - ; ?HIJ 9 7FJ;H :;7BI M?J J ; 9KHH;DJ B; 7B H; KB7J?ED E FB7DD?D F;HC?J 7D: 8K?B:?D F;HC?J FHE9;:KH; 7D: J ;D 8H?; BO :;I9H?8;I J ; B;...

1 Regional rulemaking Abstract The diploma thesis deals with regional rulemaking with a focus on legal regulations of regions. The aim of the thesis is to explain the constitutional and theoretical anchoring of the creation of regional legal regulations, to describe the process of their creation, issuance, state supervision and repeal, and to examine the actual extent of law-making of regions. The first part defines the basic concepts, constitutional and legal bases and conditions for making and issuing legal relations of regions, which are of two kinds. Generally binding ordinances are issued according to Article 104 Paragraph 3 of the Constitution as legal regulations in the independent competence of regions. The thesis discusses their legal nature and the need for further legal authorization for their issuance, taking into account current case law. According to Article 79 Paragraph 3 of the Constitution, regions then issue regulations for which they always need legal authorization. The following part of the thesis is devoted to the process of creating and issuing regional legal regulations. It describes the adoption of regional legal regulations and their particulars, their publication and the possibility of repeal. There are uncertainties in the legal regulation of the issue of regional legislation,...

Public law regulation of advertising food supplements Abstract The thesis deals with advertising of food supplements and its public regulation. The aim of this work is to provide information about existing legislation and decision-making practice in this area. The first chapter outlines the basic legal sources of public regulation of advertising for food supplements, which consists mainly of several European regulations, the Food Act and the Act on Advertising Regulation. The second chapter deals with general issues of legal regulation of food suppelements. Food supplements are foods intended to supplement the normal diet. They must be appropriately labeled, not given medical properties and health and nutrition claims may only be used in accordance with European regulations. The notification is carried out at the Ministry of Agriculture and the ingredients are controlled by the Czech Agriculture and Food Inspection Authority. It is also important to understand the difference between medical products and food supplements, which may not always be obvious. The third chapter deals with general issues of legal regulation of advertising. It defines what advertising is, how it is regulated and what its constitutional legal basis is. The whole thesis culminates in the fourth chapter, when it comes to special...

This diploma thesis on the topic "Administrative supervision of advertising" deals with regulation of advertising with focus on specifics of the administrative supervision and provides a comprehensive description and analysis of current legislation (substantive law and procedural law). The thesis deals with general rules laid down by the legislator for the content and distribution of advertising as well as special rules related to specific products. These products are: alcohol, tobacco products, medicinal products for human use and food. Legal regulation of these products is highly complex, strict or otherwise legally interesting and also often appears in the decision-making of administrative courts. The description and analysis of current legislation shows its complexity which is based on the ambiguity of interpretation resulting from the vague legal concepts. This ambiguity and uncertainty has an impact on the practical application, which is demonstrated by a number of practical examples and selected case law of administrative courts. Following the description and analysis of the rules of advertising, this thesis focuses on the specifics of administrative supervision with emphasis on deviations from the general rules. Attention is focused mainly on the definition of the powers of supervisory...

vii Legal Status of Higher Education Institutions Abstract The aim of this thesis is to analyse the legal status of various types of Higher education institutions within public law in a historical and contemporary perspective, to deal with their typology theoretically. Moreover, the thesis pays attention to academic self-government and the academic sphere overal and finally, it inquires into the assurance of quality of higher education in the Czech Republic in the form of the institution of accreditation. The text is divided into eight parts, including the introduction and the conclusion. The introduction analyses status of Higher education institutions in a historical perspective, particularly concerning Charles University in Prague, and through the development in the 20th century, the line of the thesis moves toward the contemporary legislation, included in the Act No. 111/1998 Sb., as amended, and in the related documents of both legal and political nature. Following this part, an analysis of the typology of Higher education Institutions follows, as well as a brief treatise on the academic sphere, including the issues of students and Academic Staff legal relations as members of the academic community. The remainder of the thesis pursues the new regulation concerning accreditation, including the new...

Binding of legal opinion of an appellate administrative body Abstract This thesis concerns quite a narrow subject, the binding of a legal opinion of an appellate administrative body. This principle is enshrined in Section 90 paragraph 2 subsection b) of Administrative Procedure Code, i.e. in a provision concerning a decision of an appellate administrative body. Binding legal opinion is linked with a cassational way of deciding, which indicates a type of decision which resides in sole annulment (revocation) of a challenged administrative decision and returning the case for new consideration. The first chapter maps an evolution of anchoring issued principle in legal regulations of administrative procedure effective in Czech lands. Furthermore, it discusses a binding legal opinion in relation to remedial principles. The thesis highlights the negative tendency of overusing the cassational way of deciding by appellate administrative bodies, on the contrary, it also points out situations that disallow administrative bodies to use it. First chapter also presents some possible characters of issued legal opinions, which mainly means to what exactly is the administrative body that issues the new proceedings. This is connected to possible defects of challenged decision for which they are revoked. Second chapter is...

General Measure Abstract This diploma thesis is focused on general measure as one of the activities of public administration in Czech Republic. The thesis is systematically divided into four consecutive parts. First part is devoted to theroetical treatsie on the various forms of admnistrative acts. This part emphasizes the distinction between abstract administrative acts, individual administrative acts and mixed administrative acts, which are divided into two groups - specifically abstract and abstractly specific. Second part is focused on generals measures in general and its enshrining in czech legal order. This part includes definiton of general measure, its regulation in foreign law, wich is one of the inspirations for czech regulation. Second part of the thesis also includes chapters devoted to materiál and formal aspects of general measures as well as chapter about some particular general measuers. Following part is about creation of a general measure. This is a procedure that is generally regulated by the sixth part of the Administrative procedure code and applies whenever a special law does not says otherwise. This section is divided into five chapters, where each of the last four chapters deals with a different phase of the process. Last part is devoted possibilities of reviewing general measures....

Medical devices Abstract The subject of this master thesis is the issue of medical devices. This thesis focuses on its reimbursement regulation. The work is divided into six chapters. The introductory explanation is devoted to the concept of medical device and it analyzes both the European definition of medical device and the national legal definition. The next part of the chapter emphasizes various division of these products, namely its variants, types and also classification of medical devices according to risk classes. The second chapter describes legal sources. The attention is paid to international sources of law, then furthermore to European law, from current directives to new regulations, which will come into force in 2020. In this chapter is generally discussed what changes this new regulations bring, as it is further elaborated in the next chapter. Last but not least, the national sources of law are analyzed. The legal regulation enriched by the outline of the future legal regulation awaiting the area of medical devices is widely mentioned. The next chapter defines institutions. The Ministry of Health and the State Institute for Drug Control are the key institutions in the field of medical devices, however, they are not the only authorities to carry out state administration in the field of medical...

1 Free Access to Information and Public Procurement, Abstract and Keywords Abstract The aim of this thesis is to analyse free access to information of public administration in relation to public contracts, especially in regards with the issue of trade secrets protection in contracts concluded as result of public procurement versus the right to information from public authorities. The thesis focuses on several key aspects of this relationship, the interpretation of which is currently problematic. The thesis examines whether freedom of information legislation applies to all types of contracting authorities, procurements and procurement procedures; whether mandatory disclosures also relate to information on public procurement of the authorities concerned; and whether there may be information provided on request in public procurement. It also focuses on manifestations of restrictions of the right to information in public procurements and manifestations of the right to information in protection of trade secret contained in contracts concluded in public tenders. The thesis defines basic terms of the surveyed area, i.e. the terms "information", "free access", "contracting authority" and "public procurement". It also discusses the freedom of access to information in the context of public administration, reporting...

1 ABSTRACT This thesis deals with legal regulation of gambling games operated on-line and some other legal aspects related to this legal regulation. This thesis consists of three chapters divided based on their topic. In the introduction to this thesis, the author sets out ambitions and aims of the work, enlightens the reasons for her choice of this topic and introduces scientific methods used for creation of the thesis. In the first chapter, the author deals with the conditions for operation of gambling games on- line, whereas this chapter is logically divided between three different subchapters. The first subchapter pays attention to legal regulation of act No. 202/1990 Sb., on lotteries and other similar games (hereinafter referred to as "Act on Lotteries"), which is not effective anymore, in particular to the possibility of operating lotteries and other similar games through internet. The second subchapter includes analysis of legal regulation included in Act No. 186/2016 Sb., on gambling games (hereinafter referred to as the "Gambling Act"), in particular the regulation on websites on which the gambling games are regulated and their language, process of registration for the on-line game and related institutes, such as problematics of responsible gambling measures, activation of user account and...

Expropriation for the purposes of construction of transport, water and energy infrastructure Résumé This thesis deals with expropriation under the regime of Act No. 416/2009 Coll. on accelerating the construction of transport, water and energy infrastructure and electronic communications infrastructure (Act on Acceleration of Construction). The thesis provides an analysis of selected provisions of this Act, evaluates the possibilities of interpretation of questionable provisions and proposes possibilities of de lege ferenda optimisation of the existing legislation. The thesis also responds to the recent amendment to the Act on Acceleration of Construction implemented by Act No. 169/2018 Coll. and analyses the potential impacts of the new legislation on the procedural position of the parties to the proceedings as well as the conformity of the selected provisions of the amendment with the constitutional order. In the first chapter, the reader is acquainted with the notion of expropriation, with the content of this term, the relevant legal regulation and the substantive conditions of expropriation. The following second chapter contains a brief description of the Act on Accelerating Construction and its contextualisation in the terms of historical and political circumstances of its adoption. The third chapter...

International protection proceedings Abstract The content of this diploma thesis is a discussion of the procedural side of international protection. In order to understand this topic, it is first necessary to realize where relevant sources can be found. The sources of international law in the form of soft law will help us to understand the general principles of the area. The legal regulation valid in the Czech Republic can be found at the level of European Union legislation and at the level of national regulations of the Czech Republic. It is also appropriate to define some basic concepts. The definition of the concept of international protection proceedings with the help of the concept of a decision on international protection is absolutely essential for this work. This umbrella concept has undergone its own development in the past. The definition of the boundaries of the concept of international protection proceedings is also carried out in this work by means of the so-called other proceedings from the Asylum Act. The thesis also deals with the basic building blocks of the whole process, which are the basic principles of proceedings in matters of international protection and the fundamental rights of the applicant, which match his position during the proceedings to meet the requirements of a fair trial....

1 Abstract - Administrative penalties and protection measures Description of all administrative penalties and protection measures is the primary goal of this thesis. Due to wide extent of chosen subject, this work aims to individual categories of administrative penalties and protection measures, examines every single condition for its imposition a notices possible contradiction within legislation. The thesis does not include the criteria for imposing penalties, noticed set from section 37 till section 44 Contraventions Act which serve as instruments for determination and length of penalties. Concurrence of contraventions is also not included. In the opening chapter the definition and description of an administrative liability is described as well as basic issues of administrative penalization, considered to be a part of administrative authority's activity. The resemblance of principles of criminal and contravention law is described, that leads to using the same principles either in criminal and contravention law. There's explored what basic sources of administrative penalization are. Each of following chapters describes one of the penalties set in section 35 Contravention Act. Every chapter begins with general description of the penalty and then depicts its main purpose for which it is imposed. Then...

Public guards Abstract This thesis deals with the topic of public guards. Its main objective is to provide a relatively comprehensive view of this institute. Currently, four kinds of public guards exist in our legal system, namely forest guards, hunting guards, fishing guards and nature guards. Today already non-existent field and water guards are also marginally mentioned. The thesis itself is divided into seven parts. The first one deals with the position of public guards from the perspective of administrative, constitutional and criminal law, where within the system of public administration they are referred to as indirect executors of the state administration, and within the criminal law they are positioned as public officials. In the following parts of this thesis the individual public guards are defined from the point of view of their purpose and goal, the historical development of legislation, current legislation, and further according to terms of provisions and repeal of provisions, their entitlements and duties. At the same time, at the end of each part, the individual public guards are defined against other figures and functions for whom they could be exchanged by public. Subsequently, a comparative part is included within which the most fundamental legislative differences of individual public...

1 Generally binding regulations of municipalities for securing local issues of public order Abstract This master thesis deals with generally binding regulations of municipalities for securing local issues of public order in pursuance of finding out to what extend and quality the municipalities do use the authorisation for lawmaking in independent competence while regulating the activities that disrupt public order; and also in pursuance of finding out how the individual municipal councils base their decisions on the knowledge of the local environment. In the introductory part the essential terms for better understanding of the area are defined. There are terms as municipality, public order, public place and generally binding regulations, while the understanding of the imprecise legal concept of public order is compared to the interpretation in neighbouring countries. Furthermore, the history of municipal self-government from the year 1848 up to the present day is summarized while presenting its importance and focusing on municipal lawmaking in independent competence. Considering that the approach of the Constitutional Court to the enabling provision of Article 104, paragraph 3 of the Constitution of the Czech Republic has developed, this thesis also analyses this genesis that is nowadays important for the...

1 Abstract The topic of the presented thesis are issues related to public spaces. Public spaces are defined in the Municipalities Act and the Capital City of Prague Act and comprise all squares, streets, marketplaces, sidewalks, public green areas, parks and other areas accessible to anyone without restrictions, i.e. serving public use and irrespective of the ownership of the space. This is the only definition in the Czech legal system and several other norms refer to it. The main purpose of public spaces is their public use. Therefore, the relevant legal rules regulate also the limits of various activities in public spaces. The current legal regulation is rather brief and the topic has not been covered extensively in the legal doctrine as of yet. The aim of the thesis is to summarize the legal rules relevant to public spaces and the regulation of activities on them, as well as to identify issues and ambiguities stemming from the insufficient legal regulation. The first part of the work introduces the definition of public space and its history and illustrates the emergence and abolishment of public spaces. The legal definition characterizes public spaces using the listing of specific types of places and referring to a common characteristic, i.e. accessibility to public. It emphasizes that public spaces are...

Legal regulation of a deep geological repository of nuclear waste Abstract The topic of the thesis is the legal regulation of a deep geological repository of nuclear waste in the legal system of the Czech Republic. The thesis aims to summarize the administrative law aspects of preparation, construction, operation and termination of operation regarding the deep geological repository, while simultaneously analyzing legislation regulating the deep geological repository. The structure of the thesis corresponds with this aim, and reflects the phases of preparation and existence of the repository. First part of the thesis, following the introduction, defines the principal legal terms in nuclear waste handling and its disposal. The second part is dedicated to the legislation regarding the repository, including international and European legislation as well as national legislation. In this part, the thesis briefly characterizes the new Atomic Act. The chapter about the national legislation also contains a characteristic of Nuclear Law and mutual relations between regulations regarding the repository. The third part contains institutional and financial aspects regarding the repository. A brief analysis of subsidies provided to regions according to the Atomic Act is included in this part. The fourth part summarizes...

Authorisation to radio and television broadcasting Abstract This thesis entitled Authorisation to radio and television broadcasting deals with issue of regulation of access to medial market in the Czech Republic. This thesis is based on analyse of legislation and case law of administrative courts. Main source of broadcasting regulation is Radio and Television Broadcasting Act no. 231/2001. There are two administrative acts authorises to broadcasting and rebroadcasting. Administrative act called licence authorises to broadcasting while registration authorises to rebroadcasting. Both licences and registrations are granted by Council for Radio and Television Broadcasting. This thesis primarily deals with granting, changes and termination of this administrative acts. This thesis is divided into ten parts. Part One deals with reasons of regulation of radio and television broadcasting by state. Broadcasting is primarily regulated because of limited resources and protection of public interests and some social wide values. Part Two briefly describes legislation related to broadcasting and its evolution after 1990. Part Three focuses on legal term broadcasting and rebroadcasting according to Radio and Television Broadcasting Act. This part compares single elements of broadcasting and rebroadcasting. Part Four...

Long-term residence permit for the purpose of study in the Czech Republic Abstract Long-term residence permit for the purpose of study is permitted by the Ministry of the Interior to the third-country nationals who intend to stay in the Czech Republic for more than 1 year. The fundamental legal regulation governing long-term residence isact No. 326/1999 Coll., On the Residence of Foreign nationals in the Czech Republic and on amendment of certain acts, that is transposing Directives of the European Union on which is this residence based. The case law of the Czech administrative courts, the Constitutional Court and the Court of Justice of the European Union cannot be omitted since it is important source. Firstly, is the master's thesis devoted to the concept of foreigners, in order to clearly specify for which category of foreigners is the long-term stay intended to and what area of law deals with it. Subsequently, the Directive 2004/114/EC, which is the basis of a valid and effective regulation of the study stay, is being analysed along with the Directive 2016/801, which will be transposed into the Czech legal system by an amendment to act No. 326/1999 Coll., which is at the time of submitting the master's thesis at the stage of the government's draft, waiting for the first reading in the Chamber of...

The diploma thesis deals with the issue of the role of mayor in the bodies of a municipality. The main goal is a complex analysis of the mayor's rights and reposibilities to other municipal authorities. Despite the emphasis on the description of the current state is in the introductory part of the thesis described the historical development of the position of the mayjor and other municipal authorities. Further in the thesis is defined the function of each of the municipal authority. In the main part of thesis is first described the notion and function of the mayor, regardless of the other municipal authorities. After that, in the subchapters, is dealed with the position of the mayor in relation to indiviual organs and their interdependence. This position is not viewed only from the point of view of law, but also from the unlawful aspect of this relationship. In accordance with the stated goal is discussed a number of current issues such as the method of electing the mayor or requirements on the person or obligations stemming from the law on conflict of interests. For these questions, de lege ferenda solution is proposed here. Particularly for practice may be an interesting part about the mayor's responsibility and the related effort to educate mayors from the Union of Towns and Municipalities or...

222 Legal Framework for Activities of So-Called Alternative Schools in the Czech Republic Abstract This thesis describes the legal aspects of providing primary and secondary education at so- called alternative schools in the Czech Republic. Firstly, the thesis outlines what an alternative school is and how it can differ from a traditional school. Some examples are given below. Then it explains legal provisions of international human rights law and constitutional law concerning the right to education. A state's obligation to respect parent's philosophical, religious, and other beliefs and rights of individuals and organizations to establish and run private educational institutions lies within the scope of the right to education. The author clarifies why, under these provisions, any quantitative restriction limiting number or capacity of private schools is unacceptable. As a result, some current administrative practices of the Ministry of Education not allowing private schools to be established is labeled as unlawful. Secondly, the author thoroughly describes the general legal framework provided by Education Act nr. 561/2004 Sb., especially its aspects concerning private and alternative schools. This thesis concludes that providing education in schools needs to be seen as an act of the so-called "other"...

Right to information of corporations The master thesis is focused on corporations as liable subjects to the right to information. The thesis also deals with a conflict of constitutional laws during the proces of requesting the information from corporations. There is a dynamic development of constitutional right to information from year 2000 on in the Czech Republic. A brief Right to Information Act and not so many amendments made it possible to complete the information law by using extensive judicature. The amount of case law in that field of law is unusual in continental law system. However, the judicature of a few last months indicates that extensive interpretation of the right to information already reached its height and further extension of information law stopped for some time. In some cases we witness even the limitation of information rights. Nevertheless the right to information of corporations is still a very turbulent field of law with its unresolved constitutional conflict. Many kinds of informations still stay behind the curtain, out of a public surveillance. Thus the main premise of this thesis is a dominance of the right to information over other constitutional rights in cases of corporations owned solely by public authorities whether directly or through other public or private...

Generally binding ordinances of municipalities] Abstract This thesis deals with generally binding ordinances of municipalities. A generally binding ordinance is a legal regulation that is, in accordance with the provisions of Article 104 Paragraph 3 of the Constitution of the Czech republic, issued by the municipal council. This is significant and we can say the unique expression of the right of municipalities to self- government, which is also guaranteed by the municipalities at the constitutional level. After the first chapter in which the necessary terms for the following text are defined, follows the chapter focused on the constitutional and legal bases of issuing of generally binding ordinances. This chapter also describes the Constitutional Court's first judgement concerning with generally binding ordinances and subsequent discussion which this judgement provoked. This chapter is followed in the fifth chapter of the thesis, which focuses on the development of the case law of the Constitutional Court and describes its further development. Especially, the attention is focused on judgement Pl. ÚS 45/06 and on the change of the legal opinion of the Constitutional Court with this judgement related. The third chapter deals with selected topics related to the issuance of generally binding ordinances. In its...

1 Legal regulation of firearms Abstract in english: The thesis sets up three main objectives. Firstly to enrich the public debate by verifying numerous historical arguments, which objectivity and relevancy is unclear. Three chapters of the thesis delve in to these matters, presenting cultural, historical and scientific context for evaluating legal regulation in Europe at large. For substantial demography the right to own and carry a weapon is a symbol of their freedom, while the restrictions represent authoritarian breach of their rights. To an extend this thesis verifies this notion based on historical analysis of past czech and czechoslovakian legal regulation. On the other hand presented outcome of sociological research brings up the fact that weapon at the societal level private possession of firearms does not increase the safety of individual citizens. Sociology also offers enlightement on the reasons why we seek to own and carry weapon and why we fear them. Often these reasons are similarily questionable. The second objective was to provide deeper analysis of tangible outcomes of the debate itself. At the level of European union such an outcome is the Directive 2017/853 of the European Parliament and Council of May 2017 amending Council Directive 91/477/EEC on control of the acquisition and possession...

Expropriation of buildings and land Abstract The represented thesis aims to completely analyse the institute of exproriation of buildings and land as it is governed by the Expropriaton Act. Expropriation as a traditional institute of Czech law is considered as the most severe interference with the property right and, as a result, the property right or right corresponding to the easement to the land or the building is deprived or limited. The diploma thesis starts with a general treatise on expropriation, especially by including this institute in the Constitution and related property right and its protection. The basic legal acts governing expropriaton are described. The definition of the term expropriation and the analysis of the objects and subjects of expropriation are also included in this part of the thesis. The second chapter deals with the individual conditions of expropriation that must be cumulatively fulfilled in order to expropriate. The conditions under the Expropriation Act are, among others, the public interest in achieving the puprose of expropriation, subsidiarity and proportionality of expropriaton, and compliance with the objectives and tasks of spatial planning. Another condition, which is the purpose of the expropriation stipulated by a special act, is the subject of the third chapter of...

Position, organization and activities of the Czech Bar Chamber The object of the diploma thesis "Position, organization and activities of the Czech Bar Chamber" is to provide complex description of the legal nature of the Czech Bar Chamber and aspects of its position in the system of public administration, to thoroughly introduce the organization of the Czech Bar Chamber including position and authority of each of its bodies and last but no least to also zoom in on the scope of its major activities. The diploma thesis consists of introduction, four chapters and conclusion. The first chapter of the diploma thesis deals with the legal nature and position of the Czech Bar Chamber as an organization of professional self-government in the system of public administration encompassing in the first part of the chapter general explanation of the public administration and its division and explanation of the self-government with focus on professional self-government. The second part of the chapter zooms in on all aspects of that position, specifically legal enactment and statutory regulations, vested administration, the scope of activities and liability, the nature of legal regulations, members, independence and financing of the Czech Bar Chamber. The second chapter of the diploma thesis discusses...

This thesis is dealing with the theme of States supervision of local governments and aims describing of the system and theory of the process of the supervision and control of local government units as one of the main features of modern democratic society. Big impact of mainly legislative activities of municipalities and regions on lives of the citizens is actually the main reason why state has to supervise it. The first part of the text I devoted to a theoretical introduction. I am trying to describe basic concepts necessary for whole work. After that I mentioned legislation which lays the foundation of whole problematic and determines what is supervised, by who it is supervised and how. In next part I specified the subject of the states supervision and by that partly subject of this thesis, which mainly is legislative activity of local governments. In following part I was writing about different phases of the supervising relation between supervisor and supervised body. For better illustration, I used a few examples and practical information about communication between them and what results it brings. Next part I devoted to the exercising of the states supervision of local governments units itself. Firstly I was describing the supervision of municipalities over their delegated and as well over...

This Master thesis is about the issue of execution of administrative decision, which are regulated in the Administrative Procedure Code. The thesis deals with the concept of Enforcement order and it defines the key points of enforcement order. This thesis seeks also to put this kind of enforcement in context with administrative proceeding and to describe every step before start of execution and also how to start process of execution. In chapter which contains process of execution itself, thesis examines procedural requirements of Execution's attachment, kinds of execution and order of steps done by an administrative authority. Thesis describes specific points of each kind of making an execution and it seeks to find characteristics of every kinds of administrative execution. Thesis seeks how to make execution without any violation of laws and maxims established by administrative law and without violation of laws and maxims from another branches of law too. Thesis is focused on executions on kind, which contains E.G. Eviction, removing of movable property (including rules about personal searching and flat's searching), enforcement fine etc. Executions in money are introduced only marginally in thesis and it describes issues in locations and competence of administrative authorities. Thesis contains...

Managing municipal property is considered economic basis for communal self- government. The right to own and manage property poses one of the most important authorities given to self-governing units. Managing municipal property is regulated in a specific way. The basis of this regulation is an obligation to keep special duties. They rest - firstly - in the requirement of evaluating property dispositions from the point of view of their positive impact on municipality, and - secondly - in keeping specific procedures which must precede the valid legal dispositions. The aim of this rigorous thesis on "Legal regulation of municipal property management" was to focus in detail on the key aspects of dealing with municipal property and point out the problems in current legislation. The thesis is divided into five basic parts. The first part focuses on constitutional and legal limitation of self-governing units viewed as the legal owners. The second part is devoted to specific duties which self-governing units have to keep when managing property, such as managing property in purposeful and economical way, or duty to explain why the price paid differs from the usual price at a paid transfer. The final section of the second part takes into account the supervision of keeping these duties. The following third...

111 Abstract Thesis title: Objectiveness and balance in media: the aspects of administrative law This paper deals with the administrative law aspects of objectivity and balance in light of their role as media content requirements. The first chapter defines "media". Then individual media laws are analyzed and from them basic types of media are derived as understood and regulated by current Czech law. Special attention is given to "public service media", especially to Česká televize (Czech Television) and Český rozhlas (Czech Radio) in subchapter 1.4. The second chapter concerns "objectiveness" and "balance". Firstly they are defined from the perspective of media theory (subchapter 2.1). Then relevant legal institutes regarding objectiveness and balance are identified and interpreted by media law analysis. More detailed interpretation as well as critical evaluation is given to the institutes of administrative nature (subchapter 2.2). The end of the second chapter emphasizes the human rights dimensions of the subject matter. The third chapter concerns Rada pro rozhlasové a televizní vysílání (Council for Radio and Television Broadcasting) which imposes fines as punishment for breaking the principles of objectiveness and balance in the radio and television broadcasting sector. Its legal domain, competence and...

The thesis discusses deadlines for decisions issuing in proceedings on international protection, especially within the frame of procedure for granting of international protection status. This analysis compares current legal situation with the situation before the amendment to the Asylum Act by the Act No. 314/2015 Coll., effective from December 18th, 2015, which reflects jurisprudence, literature and administrative practice in the field. It further elaborates interpretation of certain vague legal concepts which manage the international protection of vital importance, such as "reasonable period", "without undue delay", "factual and legal complexity." The study discusses -from the applicant's perspective - means of the protection against inactivity and compares their efficiency. The thesis aims to monitor and evaluate a common phenomenon of the administrative practice, the failure to meet deadlines, altogether with extension of the deadline in the application proceedings due to the exceptional circumstances, which has become the standard procedure rather than an exception. My goal is also to raise a question whether the fundamental rights of the applicants for the international protection (who are considered to be vulnerable individuals in a difficult life situation), guaranteed by the Charter and...

Resume The aim of this thesis is to examine local referendums, mainly focusing on the Local Referendums Act which regulates this issue. This thesis consists of an introduction, six chapters which follow the systematics of the Act, conclusion and an appendix. In the introduction this thesis gives the definition of local referendums and deals with the history of this institution of direct democracy in the Czech Republic. The first chapter is devoted to the right of participation in a local referendum. The second chapter deals with the admissibility of a local referendum, it defines the conditions under which a local referendum should be held, matters in which the local referendum may be held and limitations of a local referendum. The third chapter describes the process of calling of the local referendum, which can be called in two ways - by the own decision of the municipal authorities or by the municipal authorities after the proposal of the preparatory committee. Particular attention is devoted to a local referendum called on the proposal of the preparatory committee, conditions that must be met by the preparatory committee, including the rules of collecting the signatures and the number of required signatures on the signature sheets. The fourth chapter focuses on the conditions that must be met for valid...

1 Abstract As a topic of the diploma thesis I have chosen the issue of electronic signature in relation to administrative proceedings. The field of electronic communication is incredibly diverse and it is growing very dynamically. For this reason, I found the topic interesting and usable in the future. There have not been many theses on this topic yet, so I did not have to solve the problem that it was not original. I have always had a positive attitude towards digital technology. At the same time, I was fortunate that I could have always been informed about information technologies by someone who was interested in the issue much earlier. No matter whether it was more experienced family member, high school teacher who by far exceeded the capacities of the educational institution, or patient colleague at work. As stated at the beginning, this work could not have been finished without the contribution of my father, who has been involved in the issue of electronic signatures for a long time, and who brought me to the idea of choosing this topic. The aim of this work was to describe possibilities of application of electronic signing in administrative proceedings, or in communication with public authorities. However, a simple description of the legislation, which is presently in practice, would not be...

This diploma thesis analyses the historical development of gambling legislation in the Czech Republic, from the first mention of the regulation in the Middle Ages to present days, while the primary (but not exclusive) subject of my research are the basic sources of gambling regulation in the field of administrative law. In my thesis, I identify and examine the main reasons for implementation of new institutes and other changes into the gaming law. In this context, I assess the degree of restrictiveness or liberality of each regulation while focusing on whether there were any long-term tendencies to make the legislation more or less strict. All of this is done through the interpretation of legal norms with the help of legal methodology - methods of subjectively historical, teleological and logical interpretation are used in the thesis. These forms of legal methodology were chosen with regard to the resources used in the thesis, which include mainly legislation and its explanatory statements. The whole thesis is divided into three chronologically subsequent chapters representing the main periods of the gambling legislation development. The first chapter deals with the evolution of gaming law from its beginnings in the 13th century until 1989; its subchapters then divide this long period into several...

The aim of the thesis is to answer the questions regarding the subjects authorized to take a sound or audiovisual record, and to assess the legality of using such records as evidence in administrative proceedings. The thesis is formally divided into three chapters. The first one addresses the basic concepts emerging throughout the thesis, and the admissibility of other evidence not expressly mentioned by law. The second part of the thesis offers an insight to obtaining of sound and audiovisual records, and their further use as evidence pursuant to the basic human right documents. It describes and analyses the assessment of permissibility of such evidence that is applied by the European Court of Human Rights. The last chapter works with national legislation of both public and private law, and with the case law of domestic courts; from which it infers the subjects authorized to take these records, which may be used as evidence by an administrative authority. Based on the analysis of legislation and case-law, the thesis defines subjects authorized to obtain a sound or audiovisual record, and sets conditions for such obtaining. Simultaneously, it highlights the issues resulting from the current national legislation on obtaining sound or audiovisual records by selected public authorities, mostly...

The aim of the diploma thesis "Current issues of judicial proceedings in cases of international protection" is the evaluation whether the amendment of Asylum Act sufficiently fulfils requirements of the procedural Directive 2013/32/EU regarding the right to effective remedy. Namely these requirements are full and ex nunc examination of both fact and points of law that composes large part of this thesis, suspensive effect and time limits. In order to reach the goal of this thesis several questions are given which one of them relates to the right to effective remedy in international, European and national law. Hence the chapter two deals with the right to effective remedy in European Convention on Human Rights, Convention against Torture and International Covenant of Civil and Political Rights same as in EU Charter of Fundamental Rights and Charter of Fundamental Rights and Freedoms of the Czech Republic. Afterwards the thesis presents the main principles of administrative judiciary such as cassation principle and principle ex tunc and specifics of judicial proceedings in cases of international protection. Crucial part of the thesis is the chapter four that analyses above mentioned requirements of procedural Directive 2013/32/EU and transposition of these requirements by the amendment of Asylum Act....