Constitutional Court: Negative Legislator? Abstract This diploma thesis deals with the question whether the Constitutional Court of the Czech Republic can be considered as a mere negative legislator in connection with deciding on proposals for annulment of laws or their individual parts according to Art. 87 par. a) of the Constitution or whether the Constitutional Court departs from this position and how. The diploma thesis is divided into theoretical and practical part, while the author seeks to rely mainly on the actual decision-making practice of the Constitutional Court. In the theoretical part, the thesis deals with the concept of the negative legislator and its origin in the ideas of Hans Kelsen. Kelsen's concept of constitutional justice as a negative legislator is presented. In the following subchapters, the theoretical part is devoted to acquainting the reader with the decision-making of the Constitutional Court on petitions to annul laws or their individual parts. The thesis also describes the binding of judges in decision- making and their binding for other subjects. In the practical part, the thesis is divided into six individual chapters, each of which deals separately with one type of decisions that the Constitutional Court deviates from its position as a negative legislator. In each chapter...

The Constitutional Court of the Czech Republic is incorporated in the system of the supreme state authorities and is responsible for the protection of constitutionalism. The aim of the thesis is to evaluate the role of the Constitutional Court of the Czech Republic in the political system of the Czech Republic on basis of delimitation of function thereof, and of basic relations to other state power bodies. The subject matter of the first part of the thesis is characteristics of the constitutional justice and the significance thereof in a democratic constitutional state. This interpretation also includes comparison of two principal models - a diffusion model, and a concentrated constitutional justice model. The basic idea of the thesis is to explore the characteristic position of the Constitutional Court between the law and the politics, it deals with political aspects of constitutional justice. The thesis is based on constitutional approach and aims to answer the question of how much the relation of the Constitutional Court towards the politics is determined by the system (institutionally, functionally). The main part of the thesis analyzes incorporation of the Constitutional Court into the system, the position of the Constitutional Court as an independent body of judicial power, and the relations...

Proceedings on the repeal of an Act before the Constitutional Court, with focus on the review of whether the Act was adopted in the constitutionally prescribed procedure Abstract The thesis deals with the judicial control of constitutionality with a specific focus on the review of the constitutionality of the legislative procedure. The first part of the thesis deals with the general definition of the constitutional judiciary, the position of the Constitutional Court in constitutional system of the Czech Republic and the definition of basic concepts that must be unconditionally known for the next parts of the thesis. The first part of the thesis concludes with a reflection on the topic whether the Constitutional Court really maintains its role as a predominantly negative legislator. In the second part, the thesis focuses on the description of the current legislation on court proceedings of the repeal of an Act or its individual provisions. The main topic of the second part of the thesis deals are the special effects of the decisions of the Constitutional Court in this type of proceedings and the question about binding nature of its reasoning. The author describes, for example, the specific effects of these decisions in horizontal relations or their effects on the specific proceedings from which the proposal...

CONSTITUTIONAL REVIEW OF THE LIMITS OF POWERS OF THE EU IN THE CR AND GERMANY (THE LISBON TREATY AND FURTHER DEVELOPMENT) The purpose of the thesis is to analyze the case-law of the Constitutional Court of the Czech Republic and the Federal Constitutional Court of Germany relevant to the question of the relationship between Union law and national law, paying attention especially to the problematic area of ultra vires review claims, ie to the right of the constitutional court of a Member State to take the final decision whether an act of any European institution exceeds powers that have been transferred from the Member States to the EU according to the Treaties. The thesis consists beside introduction and conclusion of four chapters. Chapter one introduces the key provisions of the national constitutions both in Germany and in the Czech Republic, which allow to the Member States to delegate some of their sovereign powers to the EU. Chapter two deals with earlier decisions of both constitutional courts regarding the matter of EU law (before the Lisbon judgement) and points out the leading premises which were most important for the future development of the case-law on relationship between Union law and national law. Chapter three provides an analysis of three judgements on the Treaty of Lisbon (the Lisbon...

The right to an independent and impartial tribunal is one of core elements of a fair trial. Therefore, it is vital to lay emphasis on this requirement. Independent and impartial tribunals are the cornerstone of a democratic and modern society respecting the rule of law. Effective fulfilment of this requirement promotes faith in courts, the judicial system and justice itself. Independent and impartial tribunals are a necessary prerequisite to protection of other rights. Although the right to an independent and impartial tribunal is enshrined in many international treaties, this requirement is not always met in practice. This problem is emphasised, inter alia, by the Council of Europe which adopted the Plan of Action on Strengthening Judicial Independence and Impartiality in 2016, due to unsatisfactory fulfilment of this requirement among European countries. The main subject of this thesis is an analysis of judgements of the Grand Chamber of the European Court of Human Rights concerning the right to an independent and impartial tribunal in a wider international context. Case law of the European Court of Human Rights significantly influences not only the general European view on human rights but it has also a substantial impact on the Czech legal environment. This thesis is divided into three...

- PROCEDURAL STATUS OF INTERNATIONAL NON-GOVERNMENTAL ORGANISATIONS BEFORE INTERNATIONAL HUMAN RIGHTS COURTS The position of international NGOs within the system of international law or specifically their position before individual international bodies is a topic that the international law theory does not consider very much. Hence, this master's thesis aims to present what role do the international NGOs play in the international arena and particularly places the focus on the procedural roles they may take upon in the european and the inter-american human rights systems. The thesis is divided into 3 main parts and several chapters. The first part deals with the history of international NGOs and delimiting the term. Regarding the latter several definitions are presented and assessed and the differences between the international NGOs and transnational corporations are drawn. The thesis then explores the position of international NGOs as subjects of international law and their role in human rights protection which reflects the topis of the thesis. The second part is devoted to particular roles of international NGOs before the selected courts. The first chapter deconstructs the institute of amicus curiae including the way it is embeded into the systems of both courts and the way it is made use of. This...

RESUMÉ Title of the thesis: "Dispute resolution with an international element within the area of sports law". The aim of the thesis is to outline the systém of the dispute resolution reflecting sport specifics, especially the autonomy of sport bodies. The autonomy allows sport federations to establish decision-making bodies deciding upon the rights and duties of their members. In the first chapter of the thesis I discuss the proceedings before the decision-making bodies of the international sport federations. These bodies decide especially on disciplinary matters. As appeal bodies they deal with challenged decisions of the lower organizational level authorities. They also exercise jurisdiction in all matters entrusted according to the statute or other regulations while applying especially regulations of the relevant sport federation. I discuss the compliance of the principle of the fair proceedings and the issue of the binding force of a decision. The decision of sport bodies can be challenged only after the exhaustion of the remedies within the relevant sport federation in the proceedings before an ordinary court or arbitral tribunal if an arbitral agreement have been concluded. The judicial review is examined in the second chapter of my thesis. I deal with the admissibility of the judicial review of the...

Terrorism as a crime under international law The purpose of this thesis is to assess the possibility of prosecuting terrorist attacks as crimes under international law and analyse the feasibility of their prosecution before the International Criminal Court. The reason for this research is is twofold. First, compared to the international academic scene, Czech research related to this topic is relatively sparse. Second, the international terrorism has grown into a massive issue of international significance and its global aspects leave the traditional national judicial mechanisms somewhat lacking with regards to the efficiency in its prosecution. The author has therefore attempted to examine the possibility of using the only permanent global judicial body available in today's world, the International Criminal Court. The thesis is composed of six chapters, each of them dealing with different aspects of prosecuting the terrorism as an international crime. Chapter One is introductory and defines basic thoughts upon which this thesis builds. It also presents the structure of the thesis with regards to possible issues which may arise during its course. It also explains the reasons for said research as described in the first paragraph of this abstract. Chapter Two is concerned with the term terror and...

Analysis of the decision-making of the Supreme Administrative Court in the matters of corporate income tax The aim of this thesis is a comprehensive analysis of the decision-making of the Supreme Administrative Court in the matters of corporate income tax. This tax is applied to every legal entity and its correct calculation has a significant impact on the future of such entities. Because the tax legislation in the Czech Republic is quite complicated, there are often mistakes in its interpretation. If these mistakes are not corrected during the proceedings before an administrative body, there is no other option than to turn to an administrative court. The Supreme Administrative Court is the last instance to which one can apply within the administrative justice system. It is therefore important that the Supreme Administrative Court ruled predictably, and without any unnecessary delay. The thesis consists of an introduction, three chapters, conclusion, appendices and bibliography. In the introduction, the author briefly introduces the reader to the issue of the decision-making of the Supreme Administrative Court in the matters of corporate income tax and outlines the reasons why she chose the topic and the goals that should be achieved in this thesis. The first chapter deals with a general introduction to the...