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...

L’exception de recours parallèle, création prétorienne du Conseil d’État datant du milieu du Second Empire, est classiquement présentée comme une fin de non-recevoir spéciale au contentieux de l’excès de pouvoir. Elle consiste en ce que ce recours soit irrecevable dès lors que le requérant dispose d’un autre recours contentieux, le recours parallèle, lui permettant d’obtenir un résultat équivalent à celui procuré par le recours pour excès de pouvoir. Cette version originaire de la notion a été modélisée, c’est-à-dire qu’une synthèse de ses propriétés a été réalisée. Un modèle-type a ainsi été produit, permettant au juge de trancher des situations de concurrence des recours ou des compétences au-delà du seul contentieux de l’excès de pouvoir. Cette exception de recours parallèle dérivée est ainsi adaptée à de nouveaux domaines tels que le contentieux des référés ou le contentieux lié à la mise en œuvre du droit de l’Union européenne. La pratique de l’exception de recours parallèle par le juge n’est pas systématisable, elle est intuitive et relève d’une méthode. Celle-ci répond à un raisonnement finaliste permettant au juge de conduire ses politiques jurisprudentielles. / The objection of parallel proceedings, judge-made law created by the Council of State from the middle of the Second Empire, is traditionally explained like an absolute bar to proceedings devoted to misuse of powers. Indeed, the action is inadmissible if the applicant may bring another action, the parallel proceedings, with similar effect. This primary version has been modeled with a synthesis of notion characteristics. A standard model was produced and the judge can settle other situations of parallel proceedings. This second version of the objection of parallel proceedings is adapted to new proceedings like emergency proceedings or the implementation of European Union law. The practice of the objection of parallel proceedings is not theorizable. The judge is using this notion intuitively as a method for leading his judicial policies.

1 ADMINISTRATIVE EXPULSION PROCEEDINGS ABSTRACT The diploma thesis entitled as "Administrative expulsion proceedings" deals with the institute of administrative expulsion, especially its procedural side. The thesis aims to define and analyse chosen aspects of administrative expulsion proceedings from their beginning to deciding on remedies against administrative expulsion decisions. Within these, the work focuses mainly on examining the issue of the proportionality of administrative expulsion in relation existing family or private life of the expelled alien. The work is divided into four chapters. The first chapter defines the fundamental terms and clarifies the institute of administrative expulsion. First, the concept of expulsion is generally defined and then, a distinction between administrative expulsion and the penalty of expulsion is made. Furthermore, the term alien is defined because only alien can be subject of expulsion. Last but not least, the first chapter defines the concepts of family and private life, which are dealt with in detail in the third chapter. Finally, the first chapter presents national, EU and international legislation on administrative expulsion and on the fundamental right to respect for family and private life. The second chapter deals with selected aspects of administrative...

Administrativě Expulsion Proceeding Abstract The diploma thesis entitled "Administrativě Expulsion Proceeding" deals with a detailed analysis of the applicable legislation on the institute of the administrativě expulsion including its related aspects. The content of the entire thesis is divided into six chapters. The first chapter defines the institute of the administrative expulsion as such with the emphasis on its non- punitive character. The second chapter emphasizes the analysis of the individual situations which the act on the residence of aliens defines as reasons leading to the delivery of administrative expulsion decision. These reasons are analysed considering the fact whether the alien is a national of an E U member state or the alien is a third-country national as well as whether the alien stays on the territory of the Czech Republic on the basis of the temporary, long-term, or permanent residence. As the lawmaker defines the significant part of reasons by an indeterminate legal concept, i.e., the public order, the third chapter gives an interpretation of this indeterminate legal concept introduced by the Nejvyšší správní soud ČR (the Supreme Administrative Court of the Czech Republic) and, at the same time, aims at delivering the answer to the question whether as conduct, seriously disrupting...

105 Objection to the bias of an officials in administrative proceedings Abstract The subject of this diploma thesis is the analysis of the institute of exclusion from hearing and decision-making in administrative proceedings, which is enshrined in the provisions of § 14 of Act No. 500/2004 Coll. Administrative Procedure Code, including its amendments and the case law of the Supreme Administrative Court and the Constitutional Court. The diploma thesis also focuses on the concept of systematic bias, which is related to this institute. The aim of the diploma thesis is to at least partially map the use of the institute of exclusion from hearing and decision-making in practice, as regulated in the provisions of § 14 of Act No. 500/2004 Coll. Administrative Procedure. The beginning of the diploma thesis is devoted to the current legal regulation of the institute of exclusion from hearing and decision - making in administrative proceedings and the legal basis of the legal regulation of exclusion from hearing and decision - making. The next part of the diploma thesis is devoted to a detailed analysis of the current legal regulation of the institute of exclusion from hearing and decision-making in administrative proceedings, which is enshrined in the provisions of § 14 of Act No. 500/2004 Coll. Administrative...

Submitted by Renata Lopes (renatasil82@gmail.com) on 2016-05-11T11:14:08Z No. of bitstreams: 1 deiseaparecidadeoliveirakuhl.pdf: 997882 bytes, checksum: a22b47884514e75e60eba715f3a121b7 (MD5) / Approved for entry into archive by Adriana Oliveira (adriana.oliveira@ufjf.edu.br) on 2016-06-20T15:44:13Z (GMT) No. of bitstreams: 1 deiseaparecidadeoliveirakuhl.pdf: 997882 bytes, checksum: a22b47884514e75e60eba715f3a121b7 (MD5) / Made available in DSpace on 2016-06-20T15:44:13Z (GMT). No. of bitstreams: 1 deiseaparecidadeoliveirakuhl.pdf: 997882 bytes, checksum: a22b47884514e75e60eba715f3a121b7 (MD5) Previous issue date: 2013-08-12 / O presente Plano de Ação Educacional (PAE) é estimulado pela necessidade de analisar o contexto dos Processos Administrativos de Sindicância/Disciplinar (PASD), que envolve os gestores escolares lotados na Secretaria Municipal da Educação de Limeira, os quais serão objeto de estudo em razão das circunstâncias investigatórias envolverem divergências no contexto escolar entre gestores/funcionários ou funcionários/funcionários. A ênfase recai nos aspectos que circundam gestão de pessoas por serem, em boa parte das vezes, propulsores dos PASD publicados e, ainda, pelo fato de os gestores estarem envolvidos de forma direta nos processos como denunciantes ou mesmo como sindicados. Os pressupostos deste estudo baseiam-se na análise de dados e informações avistadas nas próprias portarias de instauração de processos publicadas em Diário Oficial do Município (DOM) e, principalmente, pelos depoimentos prestados ao longo da instrução, colhidos pela Comissão Permanente de Sindicância/Disciplinar (CPSD), cuja autora deste trabalho atuou como membro de fevereiro de 2010 a março de 2013. Entretanto, os casos destacados neste plano sofreram o recorte dentre os processos que tramitaram no período de 2010/2012, devido estarem dentro do período de vigência da CPSD e, também, em razão de terem composto o período de maior número de processos com o tema em estudo. De fevereiro de 2010 até julho de 2012, a CPSD instruiu 101 processos administrativos, dos quais vinte e três emergiram por problemas interpessoais. Pelos teores apreciados nos processos, facilmente se denota que a maioria destes casos resultou em punibilidade aos sindicados, que poderia ser evitada, se houvesse no município adoção de meios alternativos de resolução para pequenos incidentes cometidos por servidores, antecedendo, desse modo, abertura de sindicâncias, visto que os conflitos interpessoais entre a comunidade interna nos casos analisados foram remetidos em primeira instância ao campo processual, e não como último recurso. Ademais, os processos administrativos, além de onerarem os cofres públicos ainda não contribuem para que seja dissipada a desarmonia no ambiente escolar, em face de ter como proposição, caso comprovada a irregularidade, caráter punitivo e não preventivo. / The present Educational Action Plan (PAE) was driven by the needs of analyzing the context of Investigation/Disciplinary administrative proceedings (PASD), which the school managers are involved at the Municipal Secretary of Education in Limeira, being the main reason of studies due to investigation actions related to divergences in school environment between school managers/employees or employees/employees. The emphasis is on the issues surrounding people management for being, in parts, the propellants of published PASD, and also by the fact that they are directly involved in the proceedings as complainants or even Union members. The assumptions of this study are based on database and information observed in instauration ordinance proceedings published at the Municipal Official Journal (DOM), and mainly, by the statements given during instruction, collected by the Investigation/Disciplinary Standing Committee (CPSD), whose author of this present paper acted as a member from February 2010 to March 2013. Therefore, the highlighted cases in this plan suffered the cutting among the proceedings that were submitted between 2010 and 2012, which were in CPSD validity and also being part of the longest period of proceeding numbers as the subject of this study. From February 2010 until July 2012, the CPSD instructed 101 administrative proceedings, from which twenty-three happened because of interpersonal problems. We can easily observe, by the appreciated amount in the proceedings, that in most cases it resulted in punishment to the unions, which could have been avoided, if there were alternative ways of resolution adoptions to small incidents made by servers, preceding, this way, union openings, as the interpersonal conflicts between the internal community in the analyzed cases were sent to first instance to the tribunal, and not as last resort. In addition to that, the administrative proceedings cost money and they do not contribute for having harmony in the school environment, in case of the evidence of irregularity, punitive and not disciplinary character.

Principles of administrative proceedings, abstract Focus of this diploma thesis is the issue of basic principles of administrative proceedings, but not in terms of basic procedure principles of administrative authorities as they are set out in § 2 to 8 of the Administrative Procedure Code, but in terms of procedural principles of administrative proceedings, as rules of procedure before administrative authorities. These principles represent a key element for understanding and interpretation of the procedural process in an administrative proceeding, but Administrative Procedure Code does not contain an express codification of these principles in its text. Goal of this thesis is to perform a detailed analysis of individual principles both individually and in context. The aforementioned principles of administrative proceedings usually occur in the form of mutually ambivalent pairs and their application during administrative proceedings presents many conflicting issues which stems from their implicitly general nature. The methodological basis of this thesis is the method of textual hermeneutics and general empirical-analytical paradigm based on the source material, which consists mainly of judgments and resolutions of the Supreme Administrative Court and is supplemented by relevant literature. The text of this...

Principles of administrative proceedings, abstract Focus of this diploma thesis is the issue of basic principles of administrative proceedings, but not in terms of basic procedure principles of administrative authorities as they are set out in § 2 to 8 of the Administrative Procedure Code, but in terms of procedural principles of administrative proceedings, as rules of procedure before administrative authorities. These principles represent a key element for understanding and interpretation of the procedural process in an administrative proceeding, but Administrative Procedure Code does not contain an express codification of these principles in its text. Goal of this thesis is to perform a detailed analysis of individual principles both individually and in context. The aforementioned principles of administrative proceedings usually occur in the form of mutually ambivalent pairs and their application during administrative proceedings presents many conflicting issues which stems from their implicitly general nature. The methodological basis of this thesis is the method of textual hermeneutics and general empirical-analytical paradigm based on the source material, which consists mainly of judgments and resolutions of the Supreme Administrative Court and is supplemented by relevant literature. The text of this...

Thesis deals with the position and proceedings of the Czech Trade Inspection (CTI). The introductory chapter discusses the theoretical and general bases associated with the role and activities of the CTI in public administration as a public authority, forms of administrative activities and administrative supervision. Afterwards, the work describes the history of consumer's protection legislation and freely moves in a special section dealing with on the above mentioned theoretical aspects in a practical context. First, it discusses the status of the CTI in public administration and organizational structure including the structure of the particular inspectorates and then powers and authority under applicable law. The following section is devoted to an inspection process systematically as the main activity of the CTI, including the description of the rights and duties of inspectors in its exercise. During the inspection inspectors determine the facts that are recorded in the inspection report, which serves as the main basis for eventual administrative proceedings. This section presents a number of my practical experiences, but also the decisions of administrative courts, which may provide some guidance on how to proceed when revising in ambiguous cases. Furthermore, specific remedies, including...

Evidence in administrative proceedings Abstract This diploma thesis deals with the taking of evidence in administrative proceedings, the aim of which is to refute or confirm a decisive fact. Administrative proceedings do not constitute a unified process; they are a diverse range of different types of proceedings rolled into on, in which the taking of evidence may be regulated in different ways. As a rule, general and special administrative proceedings are distinguished. The taking of evidence is considered to be an essential part of the administrative proceedings, but not obligatory one. In some types of proceedings, the taking of evidence is, in principle, excluded, while in others it may play an essential part. The diploma thesis is structured into five parts. The first part of the thesis defines the basic concepts appearing in the process of taking of evidence, as well as the historical development of anchoring the process of taking of evidence in the legal regulations of the Czech Republic since 1928. The next part deals with the principles that apply to the taking of evidence, be it the basic principles of action of administrative bodies or the principles of administrative proceedings themselves. The third part of the thesis deals with general administrative proceedings as regulated by Act No. 500/2004...