Univerzita Karlova v Praze Právnická fakulta Tereza Přecechtělová NAŘÍZENÍ BRUSEL I A JINÉ PROCESNÍ PŘEDPISY EVROPSKÉHO MEZINÁRODNÍHO PRÁVA SOUKROMÉHO (se zaměřením na pojem uznání) Diplomová práce Vedoucí diplomové práce: JUDr. Bc. Jan Brodec, LL.M., Ph.D. Katedra obchodního práva Datum vypracování práce: 10. června 2014 Abstract The Diploma thesis "Regulation Brussels I and other procedural legislation of European private international law (with regards to the concept of recognition)" focuses on the analysis of the so-called "fifth freedom" - the free circulation of judgments within the EU. The aim of the thesis is to analyze the procedural legislation of European private international law concerning their approach to the concept of recognition using the descriptive-analytical method. The thesis is mainly focused on the newly adopted Regulation of European Parliament and of the Council (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (herein also referred to as the Brussels I bis Regulation) and to the Council Regulation (EC) No 1346/2000 of 29 May 2000 on Insolvency Proceedings (herein also referred to as the Regulation on Insolvency Proceedings). In detail, for both deals with analysis of application of the principle...

My master's thesis titled "Legal Professions involved in the justice system" is focused on a notary public. This chosen legal profession originates from the ancient Rome. In this historical period was constituted a tradition of the profession existing in the continental legal system. Notary public has a specific position among legal professions on grounds of its functions. Notarial activities are patterned on a general legal principle including constitutional conventions (principles). The purpose of my thesis is to analyse and describe a performance of this profession by notaries in their practice. The text of the thesis is composed of seven chapters. The first of them deals with some elementary information about the notary public as a type of legal profession, the difference between legal aid and legal services and eventually the form of regulation of particular professions which are regulated by special Acts such as the Code of Notarial Practice (the Notarial Act). The Chapter Two focuses on the history of this legal profession and the impact on the current form in the Czech Republic. In the Third Chapter titled "A Notary in the legal order of the Czech Republic" I described some key words from their practise and a subject matter, for example a notary (notary public), notarial activity, an...

A heated debate was going on during the past few years among Czech lawyers concerning punishment of legal entities. It culminated as the law on criminal liability of legal entities and proceedings against them was passed. However, this has not solved all the problems of legal regulation of delicts committed by legal entities. The question of reform of administrative punishment remains relevant, although not urgent. The current legislation suffers certain defects, in particular its incompleteness, which has to be addressed in legal practice by using laws whose primary field of application lies elsewhere; those laws do not address all peculiarities of administrative punishment of legal entities. While the main discussion is centered on substantive law, proceedings for administrative delicts of legal entities deserve attention as well. My thesis is divided into four parts. The first part briefly outlines the historical development of the proceedings for administrative delicts of legal entities. The second part provides a brief overview of the current state of legislation, focusing on the sources of law. The third part deals with general principles of law relevant for proceedings for administrative delicts of legal entities, especially the right to a fair trial, as described in the Convention for the Protection...

The theme of this thesis is the arbitration proceedings in the Czech Republic, which is one of the alternative disputes resolutions. The goal of this thesis is to provide a complete summary of legal regulation of the arbitration proceedings. The thesis is divided into eight chapters. The first three chapters deal with general issues of the arbitration proceedings. The first chapter which is further subdivided into six subchapters is focused on the basic definition of the arbitration proceedings, its theoretical concepts, its advantages and disadvantages, as well as its different types. The second chapter provides a summary mainly of national legal regulation. Chapter three explains the objective conditions under which a certain range of disputes can be heard and decided in the arbitration proceedings, including some specific examples. Chapter four is concerned with the arbitration agreement which is the major institute and the basis condition of the arbitration proceedings. This chapter is subdivided into three subchapters dealing with for example the different types of arbitration agreements, their mandatory requirements and also their invalidity and termination. In a separate subchapter author discusses the arbitration agreement for resolving disputes arising from consumer contracts. Chapter...

This thesis, themed Public action in criminal proceedings, is trying to treat the historical development of the public action, contemporary legal regulations of prosecution and its status, and the task and the operation of the public prosecutor as the litigant in the criminal proceedings. The core of this thesis is the comparison of contemporary legal regulations with the proposal of a new law of prosecution and brief summary of pros and cons of the suggested legal regulations. The thesis consists of three chapters and some of them are further divided into subchapters and their sections. First chapter approaches the historical development of the public action in Bohemian countries and is further divided into two subchapters. The first of these subchapters deals with the origin and the development of the public action in general, whereas the second subchapter describes the development of the public action in Bohemian countries in individual historical periods and consists of seven sections. Second chapter is divided into five subchapters. Primarily it brings the insight into the operation of the prosecution and then it deals with the operation and the task of the prosecution in individual stages of the criminal proceedings. The fifth subchapter, determining the force of the prosecution outside of the penal...

Institute of agreement on guilt and punishment, was implemented into Czech criminal law by Act No. 193/2012 Coll. in 2012 and came into force on 1th September 2012. The institute belongs among diversions from standard criminal proceedings. The purpose of its introducing was an effort to increase efficiency of criminal proceedings. Generally, this instute is typical in common law system, however several countries with continental legal system have already introduced agreement on guilt and punishment into their criminal law - for example: Spain, Germany, Italy and Slovakia. In particular, the Slovakian agreement on guilt and punishment constituted fundamental basis for the Czech version of the agreement. The inspiration for choosing this topic for my Master's thesis was formed by internship at district prosecutor of Prague 4. I have had an option to attend conclusion of the agreement during the process there as well. The thesis is divided into six chapters, which are accompanied by my personal experiences from the internship. Each of them is dealing with different aspects of the institute. The content of the first and the second chapters are reasons for implementing of the institute and detailed analysis de lege lata and I have solved also a question in these chapters namely, if the agreement is in...

Resumé This thesis titled The Scope of the Prosecutor in the Preliminary Criminal Proceedings presents a compact view on the prosecutor's role and activities in the preliminary proceedings. At this stage, the prosecutor has a vital role and is regarded as the master of the preliminary proceedings (dominus litis), for he carries the ultimate responsibility for its results. In the court proceedings, where he is accorded the party status, the prosecutor represents the public prosecution. In relation to the police authorities, the prosecutor has a number of privileges that enable him to supervise the adherence of legality in the preliminary proceedings. The work is divided into four main chapters. The first chapter discusses the legal base of prosecution as a body of public prosecution in the criminal proceedings. This chapter also characterizes the institute of external and internal supervision within the system of prosecution. The second chapter defines the preliminary proceedings as an obligatory, pre-trial part of every criminal proceeding. Furthermore, this chapter elaborates individual functions of the preliminary proceedings, including its forms and stages. The core of the thesis is the third chapter, which defines the actual scope of the prosecutor. First, this part deals with the prosecutor's...

The purpose of my thesis is to provide an analysis of the principle of contradictority and its application in criminal proceedings. I have decided to use the term "contradictory proceedings" even though The European Court of Human Rights that developed the concept usually uses the term "adversarial proceedings". The reason consists in the difference between adversarial proceedings as a special kind of criminal proceedings which is typical for countries within the Anglo-American legal culture and adversarial/contradictory proceedings as a wider concept of proceedings which is based on a respect for the rights of people charged with criminal offences and which can be (and actually is) used both within the Anglo-American legal system and the legal system of the countries in the continental Europe. In this sense, the correct translation into Czech language is "kontradiktorní řízení". The thesis is composed of six basic chapters. Chapters One and Two provide introduction, presenting some theoretical approaches to what contradictory proceedings could or should be. Chapter Three is subdivided into three subchapters. First two of them examine the evolution of adversarial and inquisitorial models of criminal proceedings, dealing with their similarities and differences. The third one summarizes why both of...

This thesis on the topic of The role of the state prosecutor in the preparatory criminal proceedings is trying comprehensively discuss about activities of the state prosecutor in the preparatory criminal proceedings and possibly to point out individual legal shortcomings. The state prosecutor is an important factor and at the same time party of criminal proceedings. The state prosecutor has irreplaceable role in criminal proceedings, because with it is activities affects preparatory criminal proceedings. The role of the state prosecutor in the preliminary criminal proceedings is crucial because it is he, who bears responsibility for its results. The state prosecutor acts in preparatory criminal proceedings as a so-called dominus litis and has against the police very extensive powers. This thesis is divided into five chapters. The first chapter deals with historical development of Public Prosecutor's Office in the Czech lands since its inception into the present. The second chapter is devoted to the Public Prosecutor's Office and consists of several parts. Is dedicated to definition of the state prosecution, its organization and scope. This chapter also contains major actions of state prosecution and the view of German legislation of the Public Prosecutor's Office. In the focus of this thesis there...

This thesis is dedicated to legal institute of plea bargaining which has been adopted to Czech criminal procedure law on September 1, 2012. The plea bargaining law in the Czech Republic is highly influenced by plea bargaining practise used in different forms in various common law jurisdictions. The thesis is divided into three basic chapters. First chapter of this thesis describes overall background and reasons for adoption of plea bargaining into Czech law. In this chapter the author presents and analyses reasons and desired results the Czech legislature pursues by adoption of plea bargaining and its usage in practise. Second chapter provides a critical view of relation of plea bargaining with the rest of Czech criminal procedure regulation, especially an interaction of plea bargaining with fundamental principles of criminal procedure. Third chapter focuses on whole procedure related to plea bargaining as regulated by current law. This chapter describes and analyses positions of all parties to the process concerned, plea bargaining negotiation process itself and its legal limits. Furthermore it depicts and examines the process of court hearing and position and role of the court within it. The third chapter also concerns several legal measures laid down in order to secure compliance of the plea...