Diplomová práce se zabývá existujícími překážkami v oblasti volného pohybu pracovníků. Ustanovení SES, která tuto problematiku upravují, jsou však mnohdy příliš obecná, a až judikatura Evropského soudního dvora interpretací článků SES blíže specifikuje a definuje jednotlivé pojmy, které mohou být komunitárního charakteru (např. pojem ?pracovník?).Proto se tato stať věnuje překážkám volného pohybu pracovníků na základě rozsudků Evropského soudního dvora a rozboru důsledků, které z jeho rozhodnutí plynou.

The thesis deals with the issues of pre-trial detention in the criminal procedure of the Czech Republic. It comprises and compares opinions voiced by various scholars, high courts and myself. The thesis also includes a section about the rules of pre-trial detention in the American federal criminal procedure and compares it with the Czech system. The first part of the thesis is the Introduction, in which the goals of the thesis are set out. The second part is the main part of the thesis and it is divided into five chapters. The first chapter consists of a general description of pre-trial detention in the Czech Republic and the principles that govern it. The second part is called Formal Rules of Pre-Trial Detention, and it deals with the issues of competence, court procedure and decision-making. The third chapter is where the focus point of the thesis lies, as it investigates the conditions of ordering a pre-trial detention of a person and adresses the numerous problems that arise in this area. The fourth chapter describes the conditions for pre-trial release of an accused person, including the legislative changes recetly made in this area. The fifth chapter explores the American federal criminal procedure and compares it with the Czech criminal procedure. It also includes American scholars'...

Contentious issues of self-defence in Czech case law This thesis is focused on legal institute self-defence (in Czech law is used term necessity defence) in Czech case law. It deals with theoretical problems and contemporary legislation as well, but the most important part is (according to the name of this thesis) focused on judicial practice. The purpose of this thesis is to present some controversial issues of self-defence and analyze judical practice that deals with those issues. Nevertheless, at the end one issue that the Czech courts have not ruled on yet is also mentioned. This thesis is composed of five chapters. The first one presents the purpose of this thesis and introduces the necessity of judicial practice for controversial issues of self-defence. The second chapter introduces self-defence as a fundamental element of any democratic state. Subchapter 2.2 deals with some main principles of Czech criminal law and presents how they demonstrate themselves in self- defence. The next subchapter 2.3 focuses on benefits that self-defence brings to contemporary democratic society. The third chapter concerns with the current wording of self-defence in Criminal Code. The most important terminology is introduced. Subchapter 3.4 deals with mistake in circumstances excluding criminal lability, 3.5...

New Approaches to Legal Reasoning as Used in Case-Law - Summary The phenomenon of legal interpretation and argumentation theory has become increasingly popular in the Czech Republic. The thesis first aims to summarize theories (or methodologies) of three Anglo-Saxon scholars, Neil MacCormick, Ronald Dworkin and William N. Eskridge. In the thesis, three respective theoretic chapters are dedicated to theories of legal interpretation as presented by each of them. After exploring philosophic backgrounds of the theories briefly, main focus was put on sets of different interpretation methods and interpretive arguments these scholars find most relevant. Subsequently, I tried to analyse the arguments and to examine role different legal arguments play in the process of interpretation as described in works of the three scholars. Each theory is eventually explicated on a convenient law case mentioned in one of its author's books. The second aim of the thesis is to apply the theories as summarised in the theoretical part on Czech law cases to find out whether the theories are successfully applicable considering differences of Czech (continental) legal system and common-law-based legal orders as well as whether such application might prove helpful to a Czech law interpret. For that reason several important Czech "hard"...

Práce pojednává o regulaci reklamy v Evropské unii prostřednictvím soudních a etických institucí. Mimo jiné tato práce odpovídá na otázku, jakým dílem přispívají k řešení klamavých reklam soudy a jakým dílem etické instituce.

Resume in English Name of the thesis: Abuse of law in Czech legislature and judicature Abstract: The submitted thesis analyses the development and the way of using, the principle of prohibition of abuse of law, in the field of Czech tax law. The thesis is dedicated not only to the development but also to the subsequent use of this principle in the judicature and legislation. Emphasis is placed on the judicature, which has undergone considerable progress. The thesis chapter defines fundamental terms and provides the essential explanation of them. This is needed for the further interpretation of the concept of the prohibition of abuse of law. Furthermore, the thesis deals with the regulations in force, which might be connected to this principle. Next topic in the thesis is the probable effect of this principle with other legal ideologies or institutes, such as legal certainty, legitimate expectation, and others. The subject matter of the thesis is dedicated to the study of the principle in present day application with a reflection to the common appearance in the individual fields of tax law and to the specifics of them. Considering the membership of the Czech Republic in the European Union, an analysis of the principle is made on the scope of the regulation within this context. The principle is used as an...

V práci byla analyzována judikatura ESD v oblasti přímých daní a formulovány specifické zásady. ESD postupuje ve třech krocích: zjišťuje, zda existuje omezení EU práva, posuzuje, zda jde o srovnatelné postavení rezidentů a nerezidentů, a nakonec konstatuje, zda může být rozdílné zacházení ospravedlněno naléhavými důvody veřejného zájmu. V práci byla provedena komparace uplatňování judikatury v členských státech. Vliv judikatury ESD byl potvrzen v rozdílné míře; zpravidla dochází k vyvažování aktivního a pasivního přístupu na straně legislativy nebo justice. I přes zjevný vliv judikatury zůstávají v právních předpisech ustanovení, která jsou rozporu s evropským právem.

Debatable cases of failure to provide assistance in Czech court case law The thesis focuses on crimes of failure to provide assistance and related case law of Czech courts. The thesis consists of two main parts. First part deals with explaining of three basic Acta Reus of crimes of failure to provide assistance, their common features and their differences. First chapter and its sub-chapters discuss problematic areas related to cases of failure to provide assistance. These include: the general and special duty to rescue; attempts of rescue in cases of failure to provide assistance; and questions related to committing of other crimes concurrently with failure to provide assistance. Furthermore, the first chapter explains the most important concept in questions of failure to provide assistance which is the concept of 'duty to rescue'. It goes on to explain additional concepts such as 'endangering oneself or others', 'profession-based duty to rescue', 'damage to health', 'vehicle driver' and 'traffic collision'. The first part of thesis is concluded with overview of changes in Czech (and Czechoslovakian) legislation since 1950 related to crimes of failure to provide assistance. Second part is dedicated to court case law, systematically divided by their major topic into five chapters. These chapters and...

Resumé Controversial Issues of Necessary Defense in the Judicial Practice The purpose of my thesis is to analyze some potential problems in the case law of necessary defence. Studying the judicature alw ays helps the law yers to understand better the subject, because in a particular case, the law is used "in action" and explained by the judges. The thesis is composed of five chapters, each of them dealing w ith different aspects of criminal law or more precisely of necessary defence case law . Chapters One to Three introduce and describe the basics of czech criminal law , the intent of criminal law and criminal liability. Which are the ground topics of defence law . Chapter Four is the main chapter of the thesis and deals w ith defences - necessity and necessary defence. Chapter Four is divided into tw o subchapters. The first of them deals, as said before, w ith necessity. The second one w ith necessary defence and is itself divided into nine parts. Part One deals w ith the historically development of necessary defence and shortly introduces four (more precisely only three) different versions of those past and present legal forms. Parts Tw o to Seven examine the basic parts of necessary defence, those are: subsidiarity, attack, adequacy, excess from necessary defence, w eapon use in necessary defence and...

Protection of personality rights of individuals and the protection of reputation, name and privacy of legal persons in media, including case law analysis Abstract The thesis deals with the issue of protection of personality rights of individuals as well as personal rights of legal persons in media. Current decision-making practice of the European Court of Human Rights and Czech courts shall be considered as integral to this thesis. The thesis analyses not only theoretical questions relating personality rights of individuals and personal rights of legal persons, but it also reflects practical repercussions on legal remedies. It focuses mainly on reasonable compensation, defamation as well as the right to reply and supplementary statement. With regard to theme's timeliness the thesis also reflects on legal framework of exemption from internet service provider's liability in so-called new media under the Act No. 480/2004 Sb., about Certain Services of Information Companies, as subsequently amended. The thesis is divided into seven chapters and thematically related subheadings, and its introduction and final part. The first chapter defines the essential terms relating personality rights, personal rights and media. The second chapter provides the overview of relevant sources of law. The third chapter defines...