The aim of this thesis is to analyse legal regulation of liability for defects and guarantee in Czech civil code and to elaborate problematic paragraphs of this area of law. Thesis defines general regulation, specific regulation for separate contracts and also specialities of consumer law according to civil codes no. 40/1964 and no. 89/2012. There are defined principles of liability for defects and guarantee liability, rights from liability for defects and complaint procedure. Thesis also contains comparision of Czech legal regulation with the English one. Law of European Union is added too, there is summarized the accuracy and suitability of implementation of European directive no. 1999/44/ES into the Czech Civil Code.

The reform measures recommended by the Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct (referred to as the "Fitzgerald Inquiry") radically transformed the face of policing in Queensland. The most significant of these recommendations was the establishment of an external oversight body, the Criminal Justice Commission (CJC), which has independence from executive government and holds the power to investigate not only police but any public servant or politician. Other recommendations included "Whistleblower" legislation, increasing sanctions for serious misconduct, lateral recruitment and promotion by merit rather than seniority. The first main research question tested in this thesis is whether these reform measures have produced improvements in the following areas: the efficiency and effectiveness of the processes for dealing with complaints against police; public confidence in those processes and the public standing of the Queensland Police Service (QPS) generally; standards of police behaviour; the incidence of corrupt conduct; and police attitudes towards reporting misconduct by their fellow officers. These Fitzgerald Inquiry reforms were strategies primarily derived from two schools of thought describing the nature and cause of police corruption: deterrence based theory (including "individual" or "rotten apple" theory) and cultural (also labeled "cultural" or "socialisation") based theory. To date most strategies used to combat police corruption have been underpinned by these theories. A third theory - situational based theory (sometimes titled "environmental" or "opportunity" theory) - which has had success in crime prevention, has been scarcely used in the area of police corruption. However, an extensive body of research has affirmed the effects of situational factors on police behaviour, suggesting the potential for the application of situational crime prevention initiatives in combatting police corruption. The second research question proposed in this thesis is whether situational based theory could also be beneficial in the prevention of police corruption. Data drawn upon to test the first research question were interviews and surveys with police officers, public attitude surveys and statistics from the processing of complaints against police. Although each source has limitations, collectively the data are sufficiently comprehensive - and robust - to defend conclusions about the general direction of the changes which have occurred. These data indicate that the Fitzgerald Inquiry reforms have, at least to some degree, had their intended impact on the QPS. These reforms have contributed to an apparent improvement in public confidence in the complaints system and the QPS generally. Moreover, the available evidence suggests that the Fitzgerald Inquiry reforms have resulted in a weakening of the police code of silence. As far as the specific issue of corruption in the QPS is concerned, it is difficult to draw firm conclusions from existing data sources. However, the weight of the available evidence is that such conduct is less pervasive and occurs at lower levels than was the case in the pre-Fitzgerald Inquiry QPS. It is very difficult to ascertain which reform components were the most effective and which were not helpful at all, as these reform measures were initiated simultaneously. For example, the negative elements of the police culture may have been eliminated or reduced but whether it was the cultural strategies or one of the deterrence based strategies influencing officer behaviour remains unknown. The second main research question the thesis poses is that the use of situational crime prevention techniques has potential for contributing to the prevention of police corruption. A situational analysis of complaints against police data, including the development of a typology for classifying types of police corruption and misconduct, was used as an example of how this may be accomplished in Queensland. The study provides some, albeit limited, support for the hypothesis that situational crime prevention methods are applicable to police corruption. Based upon three years of complaints data, enough homogenous cases were gathered to enable the analysis of four categories of police corruption - Opportunistic Thefts, Driving under the Influence, Assault (while off-duty), and Theft from Employer. Given that this study only used three years of complaints data held by the CJC and more than nine years of data exist, productive situational analyses of many other categories of corruption is probable. This study also illustrated that complaints against police data are being under utilised by the QPS and the CJC. For future research in the situational analysis of complaints data, I recommend improving the gathering of data from complaints files for storage in electronic form to enable situational prevention analysis to be conducted more readily. A geographical example was used to illustrate further how complaints against police data could be more extensively utilised as a prevention tool. This analysis was conducted at an organisation unit level determined primarily by geographical factors. The complaint patterns of units of similar "task environments", as measured by unit size and type of duties performed, were compared in an attempt to identify those units experiencing the presence or absence of "bad apples" or a "negative culture". This study led to the conclusion that a divisional analysis of complaints data can provide information valuable in combatting police corruption. When task environment was held constant, it was possible to identify units experiencing the effects of possible "bad apples" and/or "negative cultures". Once these particular units were identified, intervention strategies to address the units' particular problem could be constructed. Future research in this area would involve ongoing divisional data analysis followed-up by individual assessment of officers identified as "bad apples", or a "compare-and-contrast" procedure to distinguish features requiring correction in units identified as having a "negative culture". The research findings presented in this thesis are that progress has occurred in a number of areas in addressing the problems identified by the Fitzgerald Inquiry, but that there is undoubtedly scope for more to be achieved. Despite the very significant increase in the resources and powers available to investigators post-Fitzgerald, it is still difficult to prove that a police officer engaged in misconduct, or that other officers were aware of this fact and had failed to take action, because of the constraints imposed by evidentiary and legal requirements. Thus, while it is vital to maintain an effective and credible independent complaints investigation system and ensure that there is a proper internal discipline process in place, the scope for increasing the "deterrent power" of the present system is limited. Putting more resources into complaints investigations might make a difference at the margins, but is unlikely to lead to a significant increase in the probability of a complaint being substantiated and a sanction imposed. Investing more resources in investigations has an additional cost in that such resources are then lost to other efforts to combat corruption that may provide more fruitful results in the long term. The value of an occasional substantiation is placed above the ability to engage in a large amount of prevention work. Inevitably then, three clear messages are apparent. First, continued effort must be made to modify the organisational climate of the QPS in terms of commitment to integrity. Recommended strategies to accomplish this end are to continue the recruitment of more educated, female and older officers to reduce police-citizen conflict and the negative elements of the police culture, and also to develop a comprehensive, integrated approach to ethics education for QPS officers at all ranks and positions. Second, other forms of deterrence against misconduct are needed such as the use of covert strategies like integrity testing which could be conducted in conjunction with the CJC. Third, a greater emphasis needs to be placed on developing and implementing preventive strategies. This thesis has shown that valuable prevention strategies can be gained from situational and divisional analysis of complaints data, and a range of proactive management options based upon situational crime prevention theory are recommended. These strategies have application in any police service.

El momento de expansión de la industria turística justifica la creciente demanda de profesionales con una formación adecuada, destacando la importancia de la competencia comunicativa tanto oral como escrita en inglés como lengua internacional. Aunque los componentes orales tienden a considerarse un objetivo preferente en el aprendizaje/adquisición de lenguas para turismo, la escritura efectiva de ciertos géneros también forma parte del quehacer diario de la empresa turística. En el presente trabajo nos centramos en la carta de reclamación/queja que escribe una agencia de viajes a otro servicio del sector en nombre de un cliente insatisfecho. El principal objetivo del estudio empírico es la enseñanza de diversos recursos de cortesía mediante los cuales los estudiantes mejoran su competencia escrita de este tipo de correspondencia, haciendo especial hincapié en la función que desempeñan cada uno de ellos. Las actividades diseñadas para tal fin plantean una serie de comentarios que invitan a la reflexión de los alumnos de tal forma que los recursos de cortesía que aprenden a utilizar en esta carta puedan también aplicarlos a otro tipo de correspondencia o textos escritos propios de su contexto profesional específico.

The objectives of this research are to explore the relationships among service chains of electronic government services. This research proposes models (1) to explore the linkages among internal marketing, internal service quality, and internal customer satisfaction in electronic government services, i.e. the internal service chain; (2) to explore the linkage between external service quality and external customer satisfaction, i.e. the external service chain; and (3) to employ the concept of the service profit chain model and the public sector service value chain model to explore the linkage between internal and external service chains. Two kinds of surveys, employee and citizen surveys, were conducted to collect data for this research on two cases including the Kaohsiung Citizen Electronic Complaint System and the National Science and Technology Museum Collection Management System. Internal and external customer data was matched through individual-level instead of group-level used in most studies. Structural equation modeling and Ordinary Least Squares regression analysis were used to test proposed models. The research results support the proposed hypotheses, including (1) internal marketing positively influences internal service quality; (2) internal marketing positively influences internal customer satisfaction; (3) internal service quality has positive influence on internal customer satisfaction; (4) external customer satisfaction is influenced by external service quality; with the exception of (5) the relationship between internal customer satisfaction and external service quality receiving no significant support. Managerial implications are presented for public managers to better serve internal and external customers. Further studies are encouraged to include service-specific variables and technology-specific variables to examine the internal-external link of customer perceptions.

Šiame ribotos apimties magistro baigiamajame darbe analizuojama žmogaus teisių apsaugos institucijų sistema. Didelis dėmesys skiriamas nacionalinės žmogaus teisių institucijos, veikiančios pagal Jungtinių Tautų Generalinės Asamblėjos patvirtintus Paryžiaus principus, sampratos analizei. Pateikiama užsienio šalių nacionalinių žmogaus teisių institucijų analizė (Airija, Danija, Vokietija, Lenkija). Darbe darytina išvada, kad Lietuvoje turėtų būti steigiama nacionalinė žmogaus teisių institucija, kuri vykdytų žmogaus teisių padėties stebėjimą, didintų visuomenės žinomumą, konsultuoti valstybės valdžios institucijas žmogaus teisių klausimais, bendradarbiautų su tarptautinėmis institucijomis, užtikrintų Lietuvoje tarptautinių žmogaus teisių standartų laikymąsi, nagrinėtų individualius asmenų skundus dėl visų žmogaus teisių pažeidimų tiek viešoje, tiek privačioje srityje. Taip pat darbe analizuojamos klasikinių ir specializuotų ombudsmenų veikla ir reikšmė žmogaus teisių apsaugoje, pateikiant Skandinavijos valstybių ombudsmenų veiklos analizę bei išsamiau analizuojamas Lietuvos Respublikoje įsteigtų Seimo kontrolierių, Lygių galimybių kontrolieriaus bei Vaiko teisių apsaugos kontrolieriaus institucijų statusas. Magistro baigiamajame darbe pateikiama teismo, kaip pagrindinės žmogaus teises ginančios institucijos, veiklos analizė, prieinant prie išvados, jog teismų ir teisėjų nepriklausomumo principas yra viena svarbiausių žmogaus teisių apsaugos garantijų. Lietuvos Respublikos... [toliau žr. visą tekstą] / This master’s thesis analyses the system of human rights institutions. Special focus is placed on the concept of national institutions operating in compliance with the Paris Principles approved by the United National General Assembly. An analysis of foreign national human rights institutions (Ireland, Denmark, Germany, Poland) is also offered. The study made leads to the conclusion that a national institution should be established in Lithuania to monitor the human rights situation, improve public awareness, consult state authorities on human rights issues, cooperate with international institutions, ensure compliance with international human rights standards in Lithuania, and examine complaints by individual persons regarding any violation of human rights in both public and private sectors. The thesis also analyzes the activities of traditional and specialized ombudsmen and the role they play in the protection of human rights, based on a detailed overview of the activities of Scandinavian ombudsmen. It addresses in detail the status of the Seimas ombudsmen, the Office of the Equal Opportunities Ombudsman and the Office of the Ombudsman for the Protection of Children’s Rights operating in the Republic of Lithuania. The master’s thesis also analyses the activities of courts of law as the primary institution to protect human rights, concluding that the principle of judicial independence serves as a principal human rights guarantee. The status of the Constitutional Court of the... [to full text]

Ist von der Arbeit der UNESCO die Rede, werden ihre Aktivitäten zum Schutz der Menschenrechte häufig vernachlässigt. Ziel der vorliegenden Arbeit ist es deshalb, durch die Beschreibung und Bewertung der menschenrechtlichen Verpflichtungen und Aktivitäten der UNESCO, den Zusammenhang zwischen Bildung, Wissenschaft und Kultur und den Menschenrechten aufzuzeigen und damit die Bedeutung der menschenrechtlichen Arbeit der UNESCO zu verdeutlichen. Dabei wird zunächst auf die, von der UNESCO entwickelten, Strategie zum Schutz der Menschenrechte Bezug genommen und deren Inhalt und Umsetzung kritisch betrachtet. Zudem werden die beiden Monitoring-Verfahren der UNESCO (Staatenberichtsverfahren und Individualbeschwerdeverfahren) vorgestellt und analysiert. Dabei werden vor allem vorhandene Defizite und Probleme der menschenrechtlichen Arbeit der UNESCO hervorgehoben und gezeigt, dass insbesondere im Bereich der Monitoring-Verfahren Reformbedarf besteht.

The summary provided hereunder gives short overview of final thesis. The summary outlines the subject matter, aim and goals of the thesis. In addition it shortly describes the content and main aspects of this final work. The subject matter of this thesis is – individual constitutional complaint as an effective domestic remedy under Article 13 of the Convention for Protection of Human Rights and Fundamental Freedoms (hereinafter – the European Convention on Human Rights). The thesis is aimed at the evaluation of the individual constitutional complaint as an effective domestic remedy. This final work deals with the meaning, aim and scope of Article 13 of the European Convention on Human Rights; the nature of the remedies required under Article 13; the similarities and differences of the institution of constitutional complaint, which exists in Poland, the Czech Republic and Hungary, this analysis is being made with special regard to the rules on standing of individuals (the complainants, admissibility criteria, etc.) and the legal effect of the Constitutional Court’s final decision; the optimal model of the individual constitutional complaint suitable for Lithuania is being analyzed. The thesis stresses that there is no single answer, whether the constitutional complaint can be considered an effective domestic remedy under article 13 of the European Convention on Human Rights. The thesis states that so far the European Court of Human Rights analyzed the effectiveness of the... [to full text]

An analysis of processes in a selected company and a proposal for possible improvement in selected processes was the main goal of this diploma thesis. The "order processing" process in chosen company was analysed and optimized within this goal. This process was mapped in detail according to the individual sub-processes inside the monitored process, and an analysis was performed, including measurement, identification of weak points and a proposal for solutions leading to the required optimization. Outputs that can be presented to the company management and might serve as an input for optimization of the monitored as well as other processes, are the contribution of the thesis.

The Czech Republic as a signatory of the Convention on the Rights of the Child has vested the practice of state administration in the field of care for minor children to municipalities with extended powers, where the protection of the rights and legitimate interests of minor children is safeguarded by state authorities of social and legal protection of children (ASLPC hereinafter). These authorities are incorporated to the extent laid down by the Act on Social and Legal Protection of Children (Act No 359/1999 Coll., as amended). The position and roles of ASLPC and their competence and jurisdiction are also regulated by the same act. The position of workers of these authorities and its legal embodiment is equally important. Regarding professionality, there are high demands on these workers. In the Czech Republic, significant changes in legislature have been made over the past three years. These amendments have led to the strengthening of the rights of minor children and to the establishing of new tools for their protection. In connection with the adoption of new substantive regulation of family law, which is now exhaustively dealt with by the Act No 89/2012 Coll., the Civil Code, new procedural rules have been established regarding protection of rights of minor children. Such procedural legislation includes (apart from the long-existent Act No. 99/1963, the Code of Civil Procedure) the Act No 292/2013 Coll., on Special Civil Proceedings. The decision-making regarding minor children has been vested mainly by the state into the competence of courts. The courts appoint the locally relevant ASLPC as a guardian who then represents the interests of minor children. The purpose, interwoven with and derived from the first one, was to explore the opinions of selected social workers of ASLPC and of district court judges regarding the defined problems occurring during the work of ASLPCs and courts while protecting the interests of minor children. These particularly include: the use of the tool of precautionary measure; problems of different territorial jurisdiction of courts and ASLPCs; processing of complaints regarding bias in various phases of the proceedings; professional training of workers of ASLPC It is evident from the proposals of both judges and ASLPC workers that it is necessary to unify territorial jurisdiction. The courts are suggesting the priority criterion of the address where the child mainly resides. ASLPC workers suggest the official permanent residence as the prime criterion. Bias causes problems in all phases of proceedings. It is obvious that courts take differing approaches towards the solution of this problem (some courts solve the problem of bias complaints filed by the parties while other courts do not) and for ASLPC workers it is difficult to assess how to act when such complaint is raised against them. The training of ASLPC workers - workers are obliged to educate themselves and their employer is obliged to finance such training. Not all ASLPCs are able to provide training in the required extent - due to financial reasons (the average costs of education of one employee pose from 9,169 to 13,400 CZK annually and they cover approximately 6 days of training). The heavy work-load caused by insufficient numbers of ASLPC employees prevents them from completing such compulsory training. As part of the examination of the "participation of a collision guardian in court proceedings" it has been found out that irregular participation of the worker in the proceedings (absence from participation in appeals proceedings); incomplete reports (directed to courts) from surveys in families. Based on comprehensive examination of the problems of territorial jurisdiction, it was recommended that requests are independently recorded and financial compensation is provided for ASLPCs who are requested to represent minors in front of courts, to draft proposals for precautionary measures.

Submitted by Pedro Lopes (pedroyucky@gmail.com) on 2014-12-19T17:37:15Z No. of bitstreams: 1 dissertacao_pedrohmlopes_facebook-vs-website.pdf: 1519392 bytes, checksum: dc06ac128d0fe6b1fb246fdd8d498edb (MD5) / Approved for entry into archive by ÁUREA CORRÊA DA FONSECA CORRÊA DA FONSECA (aurea.fonseca@fgv.br) on 2015-01-07T11:12:27Z (GMT) No. of bitstreams: 1 dissertacao_pedrohmlopes_facebook-vs-website.pdf: 1519392 bytes, checksum: dc06ac128d0fe6b1fb246fdd8d498edb (MD5) / Approved for entry into archive by Marcia Bacha (marcia.bacha@fgv.br) on 2015-01-09T18:02:17Z (GMT) No. of bitstreams: 1 dissertacao_pedrohmlopes_facebook-vs-website.pdf: 1519392 bytes, checksum: dc06ac128d0fe6b1fb246fdd8d498edb (MD5) / Made available in DSpace on 2015-01-09T18:04:50Z (GMT). No. of bitstreams: 1 dissertacao_pedrohmlopes_facebook-vs-website.pdf: 1519392 bytes, checksum: dc06ac128d0fe6b1fb246fdd8d498edb (MD5) Previous issue date: 2014-11-14 / Companies have looked for many new ways to communicate with their customers. In the current scenario, Facebook has proven to be an efficient communication tool between consumers and businesses. This study aims to understand the differences in the complaint messages sent to companies, through an experiment that measured the emotional tone and the lack of formality in each message received by the website and the Facebook page of the company. As expected, people are more informal on Facebook. However, contrary to our intuition, participants tended to display more emotions on the company website. The social norms theory and the impression management contributed to explain the phenomena found. / As empresas têm procurado encontrar diversas novas maneiras de se comunicar com seus clientes. No atual cenário, o Facebook tem se mostrado uma eficiente forma de comunicação entre consumidores e empresas. Este estudo busca entender as diferenças nas reclamação enviadas para empresas, através de um experimento que mede o nível de emoção e comprometimento com a formalidade em mensagens recebidas através do website e a página do Facebook da empresa. Como esperado, as pessoas são mais informais no Facebook. Porém, contrariando nossa intuição, tendem a demonstrar mais emoções no website da empresa. A teoria de normas sociais e de gestão de auto-imagem ajudaram a explicar os fenômenos encontrados.