1 Abstract (in English langugage) In the presented dissertation thesis I tried to argue that if we want to apply the principle of proportionality correctly in case of a collision of fundamental rights or in case of a collision between a fundamental right and a countervailing interest, it is not sufficient only to refer to this principle within the argumentation. On the contrary, it is necessary to recognize a structure of this principle and to apply its components. In order to recognize the structure and components of the proportionality principle, it is necessary to understand the role and effects of human rights in legal orders. I assume that theoretical backgrounds of this principle contribute to the better understanding of the objective tension between the individual's autonomy and general will of the society. Another important aspect in the correct application of this principle is the institutional balance between the legislature and the judiciary and overcoming of the "counter-majoritarian problem". In the contemporary, not only Czech, but also foreign practice we may observe lots of examples in which courts do not pay appropriate attention to the proportionality principle. When solving hard cases, sometimes they made only a reference to this principle without further elaboration. From the...

Disclosure of salaries of public authority employee - abstract This thesis is concerned with the issues of legal interpretation of key provision of Act No. 106/1999 Coll. on free access to information relating to disclosure of salaries of public authority employee. The thesis introduction is focused on the constitutional aspects of the right to information and the right to privacy. It is also focused on the collision of these two fundamental rights. The following chapter examines the disclosure of salaries of public authority employee regulation and discovers and expounds the intended meaning of this regulation by the principles and rules of standard methods of interpretation, especially lingual interpretation, systematical interpretation, historical interpretation and teleological interpretation. This chapter provides the lingual meaning of key provision of Act No. 106/1999 Coll. on free access to information, presents brief look at relationship between the disclosure of salaries of public authority employee regulation and other norms and legal acts of the European Union and finally finds the content, sense and purpose of the regulation from both subjective (historical) and objective (teleological) point of view. This chapter also deals with case law analysis. The focal discussion point of this thesis is...

Title of the Thesis: Freedom of information rights to obtaining information on salaries and bonuses of employees in public administration bodies This thesis aims to analyse the theoretical framework of the freedom of information laws in the Czech republic, with a particular focus on obtaining information about salaries, wages, and benefits of public administration employees, and its subsequent comparison with the practice. The goal of this thesis is not only to summarise the development of jurisprudence concerning the freedom of information laws up to this day, which will be dealt with in chapter II, as well as in the relevant parts of chapter III.1 and 2 respectively, dealing with the right to privacy and information self-determination. More importantly, this thesis aims to offer a possible solution to the conflict between, on the one hand, the right to obtain relevant information pursuant to the freedom of information laws, and, on the other hand, the right to privacy and information self-determination, using the proportionality test described in chapter III.4. In doing so, this thesis offers a framework that has not yet been used in the relevant literature. Following a short summary, the thesis introduces the sources of the freedom of information laws relevant to the Czech legal system in order...

The Impacts of Mass Surveillance on Fundamental Human Rights Abstract In this thesis I mainly deal with instruments of mass surveillance, which were recently revealed to the public by American IT specialist Edward Snowden. A considerable part is also devoted to Directive 2006/24 / EC of the European Parliament and of the Council, which at the time obliged Member States to adopt legislation providing for the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks. I also deal with the current form of its transposition into the Czech legal order. The purpose of this thesis is to assess if these instruments of mass surveillance meet the conditions of admissibility of measures limiting fundamental human rights, especially the right to privacy. I have understood the content of these conditions on the basis of the interpretation of relevant laws and international treaties on human rights, or their commentaries and relevant case law. This has led to the assessment of the accordance of these instruments with the principle of proportionality or the application of the proportionality test in its various forms. The concept of my thesis is therefore to be understood as a conflict of two interests, namely the...

The diploma thesis is focused on the evaluation of secular changes in linear proporcionality of body in actual preschool children in the last 27 years. In this context, the research also aims to determine the need for validation of the reference data for linear parameters of preschool children, which are currently used from 1990. The study was realized in six kindergartens in Prague and the surrounding area in the years 2016-2017. A total of 369 children (189 boys and 180 girls) aged 4 - 6 years were examined. The body height, BMI, 11 length and height markers and 10 indexes were measured. Statistically significant differences were not found in most of the observed parameters. Significant differences were not clinically relevant. The effect of secular changes on the characteristics of linear body proportionality of Czech preschool children was not confirmed. Therefore, for clinical practise remaind recommended to use the reference data from 1990, which are valid. Key words:secular trend, linear proporcionality, preschool age

99 The Principle of Proportionality: Critique of Theoretical Standpoints and Its Relevance Abstract: A decision concerning a fundamental rights conflict needs to respect the principle of proportionality in order to be compatible with a constitutional order. The principle of proportionality obliges the court to adequately assess and weigh the conflicting fundamental rights or other constitutional principles in light of the particular facts. The proportionality of the decision is to be ensured by the so-called proportionality test. It consists of three steps: an assessment of the suitability, necessity and proportionality in a strict sense. The thesis The Principle of Proportionality: Critique of Theoretical Standpoints and Its Relevance describes the proportionality principle and the proportionality test in a specific legal- philosophical and legal-theoretical context. The first chapter introduces discursive theory as an important starting point for the rational application of fundamental right norms and the use of the proportionality test. For this purpose, it identifies the relationships between discourse, norms of justification and the proportionality principle. The second chapter of the thesis outlines, in relation to the existing approach of Czech legal theory, an alternative view of legal methodology...

Goal of this thesis was to assess the constitutionality of "regulatory fees" in healthcare, which were enacted in the Czech Republic in 2007. The first chapter goes through the two decisions of the Czech Constitutional Court concerning assessment of the constitutionality of regulatory fees and identifies five main areas to study: 1)General methodology of human rights interpretation and their collisions in the Czech constitutional system, 2)Genesis and interpretation of social rights. 3)Identification of a test to assess collision between social rights and public goods 4)Essence of the right to free healthcare 5)Empirical assessment of the regulatory fees impact Second chapter is an overview of the first area divided into two sections: traditional methods of interpretation in constitutional law and development of the proportionality principle based on an overview of the Czech and foreign jurisprudence and the previous decisions of the Czech Constitutional Court. Third chapter describes the genesis of the social rights as a specific area of human rights. Implication from both chapters are combined to create a universal proportionality test that includes specific intensity of review for social rights. Fourth chapter provides a case study that firstly identifies the essence of the right to free healthcare,...

The diploma thesis focuses on privacy and personal data protection in the em-ployment sphere. The literature research part defines terminology necessary for understanding this issue, including the basic Czech legislation on the protection of privacy and private data. It also examines the institute of The Office for Personal Data Protection. The original research part identifies processes of personal data and privacy pro-tection in a specific factory. We have examined personal data processing from the moment of advertising a tender for a job position to cessation of employment, inc-luding monitoring employees during their employment. Based on an application of insights gained during our research we recognized some missteps of the company in the light of the current legislation. In the original research part there is a sugges-tion of what specific alterations the company should make to manage their em-ployees data in accordance with the current Czech legislation.

TITLE: Sound and Audiovisual Records as an Evidence in Civil Proceedings AUTHOR: Ivo Petržílek DEPARTMENT: Department of Civil law SUPERVISOR: doc. JUDr. Alena Macková, Ph.D. ABSTRACT: The thesis deals with the problems of inadmissibility of evidence by the audio and video recordings in civil proceedings. Attention is focused mainly on problems of using illegally obtained records as proofs. Diploma searches for the solution to the contemporary course which seems to be ineffectual. The thesis is divided into six chapters. The first and second chapters introduce the theoretical basis of proving in civil proceedings. The third chapter refers to the evidence by the sound and audiovisual records in the area of civil proceedings and deals with the main factors of its potential proving use. In the fourth chapter author deals with the collision of basic rights and interests, especially with the general personality right and the interest of effective Justice and proposes a Proportionality test as the solution. The fifth chapter contains a comparison of the Czech and German case law. Finally, the last, sixth chapter summarizes the most important findings and concludes the thesis. KEYWORDS: audio and video recordings, general personality right, proportionality test, inadmissible evidence, proving

After the concept of human dignity has spread into a large number of constitutions from all over the world, detailed examination of this phenomenon is steadily gaining importance. This thesis finds three autonomous approaches to human dignity in constitutional law, namely a subjective human right, the source of human rights and an objective constitutional value. Each of these approaches is based on a particular historical view on human dignity. The key argument of this thesis states that the connection of the three aforementioned legitimate approaches leads to the creation of dangerous and undesirable hybrid forms of human dignity. These forms tend to be axiomatic, preventing from the rational legal argumentation as well as from the use of the proportionality principle. The implementation of the concept of human dignity in such an axiomatic way is an argumentative foul, unfortunately so frequently made by both judiciary and doctrines. The thesis further focuses on the examination of the axiomatic human dignity phenomenon with respect to the Constitutional Court of the Czech Republic decision-making specifically. Using quantitative methods, it first comes to the conclusion that the problem of axiomatic human dignity-related argumentation does not only exist in the Constitutional Court's...