The thesis deals with legal status of the ombudsmen in the Czech Republic and selected states of the EU. It is focused on comparison of the ombudsmen in these coutries: Slovakia, Austria, Portugal, Denmark, Great Britain and european ombudsman. The aim of this thesis is to assess the czech institution of ombudsman in comparison with the others as well as offer an insight into his job. The first chapter is focused on the ombudsman in general. The following chapters deal with the ombudsmen in given countries, their competence, power and process of investigating complaints. The final chapter deals with comparison of the obtained results.

Collective administration of rights - the position of collective administrators in granting licenses, entering into copyright contracts on compensation and in cases of infringing use Abstract This thesis is focused on the subject of collective management of copyright and related rights, primarily from the point of view of the collective management organisations, in particular their legal relationships to users of legally protected rights. The goal of this master thesis is to evaluate the current state of Czech legislation regarding the institution of collective management of rights and its recent amendment. The thesis is divided into five chapters. The first of them deals with some essential concepts of copyright including the usage of legally protected rights. The second chapter defines concepts of collective management of rights and collective management organisations and covers the reasons for its foundation and historical development in the world and in the Czech Republic. Special attention is given to the monopolized position of the collective management organizations which is often criticized by the public. The next two chapters introduce individual collective management organisations together with a new institute of independent management organisations, introduced in Czech legislation by Amendment...

Comparison of the Control Mechanisms of the International Protection of Human Rights This Diploma Thesis deals with the Control Mechanisms in the field of International Protection of Human Rights. In this Diploma Thesis are introduced universal and regional control mechanisms and they are analysed with respect to their functioning. The aim of this Thesis is the comparison of the control mechanisms in the several aspects, especially in the terms of their efficiency, and their evaluation based on the undertaken comparison. Another purpose is to answer the question whether or not we have in the contemporary International Law functional control mechanisms of the protection of human rights and which of them can be seen as the most effective. The comparison in this Thesis emphasis on the possibility of the individual complaints. The comparison includes the formal aspects of monitoring bodies, their regulation in the relevant treaties and analysis of their functions and their efficiency. In Thesis are included and evaluated also available statistical data concerning e.g. the number of ratifications or the number of individual complaints which were lodged before the monitoring body. With respect to the topic, the Thesis is divided into the three chapters. The first chapter deals with the brief introduction...

Protection of employees in the event of transfer of employer The master's theses deals with the topic of the transfer of rights and obligations from employment relationships and related institutes of protection of the employees affected by the transfer. The topic is regulated at the European Union tier by Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, which has been transposed into national law as Section XV of Part Thirteen of Act No. 262/2006 Coll., the Labour Code. The thesis introduces both tiers of legislation, the relevant case law of the Court of Justice of the European Union and the Supreme Court of the Czech Republic and evaluates the implementation of the Directive 2001/23/EC into the national system. The first part of the work is an explanatory one as it describes the meaning of some of the fundamental labour law terms and contexts for the purposes of the following text. The second part introduces the transfer of an undertaking, business or part thereof under the Directive 2001/23/EC and formation of the rules by the Court of Justice of the European Union, in particular the development of the...

This master's thesis deals with the identification and the analysis of the changes in society which lead to questioning the basic principles of human rights from the point of view of Czech non-profit organisations. In this study, it is important to divide the definition of human rights into their legal aspect, i.e. as rights of people, and their institutional aspect, i.e. as the moral imperative of equality and liberty. The latter is the main objective of this study, and is in this thesis labelled as the human rights. While the legal aspect of human rights is hard to change and to challenge, the institution of human rights is confronted by both the politics and the public. Because of their unique position between the political and the public spheres, non-profit organisations who advocate the human rights were chosen as the research sample. The dimensions of the researched phenomenon are divided into decreasing political influence of countries promoting the human rights, and increasing distrust in the legitimacy of the human rights. Findings from the research uncover the unequal intensity of the potential reasons of the changing attitudes towards the institution of human rights, and we can identify the political sphere as the creator of the boundaries in which the public reacts. As a result, this...

The thesis focuses on the concept of parallel imports in the Czech law in light of the judicature of the European Court of Justice. In the first part of the thesis, after a brief introduction to the Czech trademark law, the thesis seeks to define the individual competencies of trademark owners and their restrictions, with an emphasis on the concept of exhaustion of the rights towards the trademark. The second part of the thesis focuses exclusively on the concept of parallel imports within the European Union and the European Economic Area and their impact on the internal market. The issue of exhaustion of the ownerʼs rights towards the trademark, being closely related to parallel imports and without which parallel imports as such could not exist, represent a key part of the European Court of Justiceʼs rulings. The analysis of the rulings conducted in the thesis demonstrates that the possibilities of trademark owners to inhibit parallel imports are significantly limited and that the European Court of Justice tends to assign greater importance to protecting the internal market than to protecting the subjective rights of the trademark owners.

The thesis addresses primarily the conflict between the protection of personality and another constitutionally guaranteed fundamental right - the freedom of expression. These rights, that happen to be often in a conflict, are rights of an equal legal protection, one does not have a priority over the other one and so it is a challenge for the courts to decide which one to prefer in particular cases while taking the specific circumstances of the each case into account. The thesis aims to examine this conflict in detail and to analyse it. The first chapter focuses on general questions related to personality rights, addresses the term "personality", the historic development of the personality rights regulation within the area of the Czech Republic and its presence in the current legal system with the accent to the recodification of the civil law, which has taken place hand in hand with the act no. 89/2012 Coll., Civil code, entering into force, while an assessment of the changes that the new regulation of the civil law has brought is one of the partial aims of the thesis. In the second chapter is discussed the unlawful interference with the personality rights that constitutes a private law tort. In the same time this chapter addresses the circumstances excluding the unlawfulness and deals with the...

Provisional measures indicated by international courts and quasi-judicial organs in human rights cases Abstract Whenever human rights are at stake there should be quick response of the authority dealing with the situation. Provisional measures are therefore useful tool how to prevent irreparable harm. The aim of my thesis is to analyse provisional measures indicated by various human rights adjudicators from different continents. Main focus is put on legal provisions empowering international courts and quasi-judicial organs to indicate provisional measures, examining whether provisional measures are legally binding, exploring the extent to which international forums indicate provisional measures and highlighting some specific types of provisional measures. The approach is description with elements of comparison. The thesis is composed of six chapters. Chapter one is introductory and defines the concept of provisional measures and its main characteristics and conditions for use. Chapters two to five are dealing with various courts and quasi-judicial organs on the universal level and in Europe, Africa and the Americas. Chapter two is subdivided into two parts. Part one examines International Court of Justice, which is not strictly speaking human rights adjudicator and is not allowing individual complaints, but...

This diploma thesis describes the African human rights system on both regional and subregional level and tries to evaluate its effectiveness. An important part of this work is dedicated to judicial and quasijudicial decisions made by respective bodies. The thesis is organised into five main sections. The first section considers the history of the African continent and its human rights challenges which I believe have influenced the present human rights system. The main focus was brought to the colonial era and the post colonial struggle for independence. The next section describes the regional system, the aim of which is the protection and promotion human rights across the whole continent. This system is composed of the African Union, the African charter on human and peoples' rights, the African commision on human and peoples' rights and the African court on human and peoples' rights. The operation of these instruments is explained, and the sphere in which these bodies operate in order to influence the promotion and protection of human rights is described. The following section presents a consideration of similar aspects as the previous, but at the subregional level. At this level, it proved difficult to choose relevant international organizations and to define their relevancy to the topic at hand. I have...

Parallel imports and trademark law in the Czech Republic This thesis goal is to provide a basic introduction to Czech trademark law and to analyse parallel imports. I wanted to emphasize the "exhaustion of rights "principle in the context of the law of the European Union also in the context of law in the Czech Republic. It covers some of the most intriguing aspects of parallel imports for example "placed on the market", "consent of a trade mark owner", "repackaging and other changed of the parallel imported goods "by examining the most important Court of Justice of the European Union (before European Court of Justice) decisions that have set a solid legal environment and use them to explain how parallel imports have evolved. The thesis focuses on Czech and European trademark law and parallel imports in the law of the Czech Republic, as a member state of European Union. At the first part of thesis I explain what is trademark law, it's sense and intent in general. I also examine the fundamental sources of Czech national trademark law, trademark law of the European Union and international law. Which is followed by description what a "trademark" is and which trademarks are protected in Czech Republic, their functions and "trademark owners" as a basics terminology of trademark law in Czech Republic. Next part...