This dissertation examines how eco-knowledge intersects with the changes to EU legal cultures and practices known as eurolegalism. This conjunction has created a mechanism for the extension of EU law in the Member States even in the face of a weakened EU. Through a portfolio of six articles, controversies over the protection of wolves in Sweden are used to illustrate and explicate the changing roles and responsibilities of various actors in protecting species, and the centralization of competence for environmental protection in Europe at the EU level. In doing so, some substantive requirements of the Habitats Directive are also analyzed. The first article maps the movement of competence to determine conservation policy towards the EU level and away from international and Member State actors. The second article examines what the EU requires of its Member States by analyzing the Habitats Directive’s key concept, favourable conservation status. It also makes normative arguments for how contested aspects of this concept should be interpreted to best achieve the Directive’s conservation goals. The third article deepens this analysis by applying these arguments to the Swedish wolf population. The fourth article is a case commentary illustrating the enforcement of the Habitats Directive through public interest litigation to stop the hunting of Swedish wolves. The fifth argues that the greater availability of public interest standing in the US than in the EU has led to the greater implementation of federal law. The sixth argues that greater availability of public interest litigation in Sweden than previously is also leading to the greater enforcement of “federal” EU law. Each of these articles demonstrates or explains factors that lead to the hollowing out of state power in favor of the EU and interest groups. / <p>Cover photo by Guillaume Chapron</p>

The purpose of this study was to examine the perceptions of teacher tenure and the Fair Dismissal Act by selected administrators in Georgia. Variables were measured using a survey instrument improvised from a dissertation by Lawrence Wess. Superintendents and elementary principals in the State of Georgia were selected from a purposely random sampling method to complete a survey regarding their perceptions toward tenure and the Fair Dismissal Act. Forty-one percent (58) of survey respondents were superintendents and 59% (84) were principal respondents. The responses were analyzed in order to answer the research questions. Nine research questions were reflected and addressed through nine Hypotheses using the Pearson Correlation, ANOVA, and t-test. Some of the study's major findings were: • There was a significant relationship between administrators perceived value of tenure and their level of difficulties in discipline. • There were significant differences in principals and superintendents in regards to their experience with dismissal actions and their years of experience. • Survey responses showed that tenure does not seem to impact teacher's willingness to remain in a district. • There was no significant difference between male and female principals in their perception of the value of tenure. The study concluded with several recommendations drawn from the findings.

The submitted thesis describes mediation in civil matters - settlement solution carried out of court - under legislation newly enacted in Czech Republic. After years without concrete legal regulation the lawmakers were forced by the European Union legislation represented by the Directive 2008/52/EC on mediation to respond with special national legislation. Adoption of the Act no. 202/2012 Coll. (Mediation Act) brought a substantial development in this area of Czech legal environment. The author focuses on analysis of the process of mediation and how the legislation is reflected in its individual elements. The work consists of four related chapters. The first chapter describes mediation as one of out-of-court settlement methods, principles of which have been applied thorough history but which has been going through its renaissance in the last decades. The second chapter contains analysis of mediation process, its types and suitability of their use. Here the author describes psychological elements which affect the course of the mediation and their impact on the whole process. The subsequent chapters are crucial for the aim of the work. The third one analyses the former and mainly the recent regulation relating to mediation in civil matters and certain essential institutes that are affected by the new...

Civil service Act - Development and result Abstract The new Civil Service Act (CSA) is a significantly amended version of the previous Civil Service Act № 218/2002 that never came fully into force. This thesis briefly describes the main principles and reasoning behind the proposed legislative measures, taking into account specific socio-political context and reflecting previous practice of public employment in the Czech Republic. During 21 years of its existence, the Czech Republic was governed by 13 different governments. In average, the state witnessed change in its leadership every 18 months. This political instability left a significant mark on the Czech public administration that continuously suffered from excessive political interference. In connection with the accession to the EU, the Civil Service Act approved by the Commission was adopted in 2002. Its entry into force, however, was five times postponed by numerous Czech governments, allegedly because of high budgetary demands of the implementation (the reason that has never been proven). The employment of state employees was based on the Labour Code and they did not enjoy any special legal protection. Frequent changes of top and middle management of the administrative bodies that usually followed after each political change led to the loss of...

Notarial deed as an obligatory form of juridical act for disposition mortis causa The purpose of my thesis is to discuss about juridical act for disposition mortis causa which for its validity requires mandatory form of notarial deed with a brief explanation of particular institutes. Submitted work is divided into eight chapters, the first chapter begins with a foreword by which is the work briefly introduced and shows the readers in the issue. The second chapter discusses about the importance of a notarial deed of juridical act for disposition mortis causa and highlights the benefits of drafting these documents by professional lawyer, such as notary, in comparison with risks that might come if the acquirer of these documents decides for a private form. In this chapter I also show on the probative force of public documents compared to private documents. In conclusion of this chapter is a brief list of the mandatory requirement of a notarial deed of juridical act for disposition mortis causa, including authorization to admit and lend these notarial acts. The third chapter deals in detail the "old-new" institute of contract of inheritance, its history and a brief comparison with the institute of donation mortis causa. The fourth chapter of my work pays attention to renunciation of the right of...

Objectionability and relative ineffectiveness The purpose of my thesis is to analyse the notion of relative ineffectiveness, the institute of private law, which serves as a protection of the creditor against the certain legal acts of his debtor. This institute was known as objectionability before the new civil code came into effect. The aim of this paper is to explain the importance of relative ineffectiveness and to distinguish this institute from the sanctions of the defective legal act. The first chapter of my thesis deals with the notion of legal act and its elements which are essential for the existence of the valid and effective legal act. The subsequent parts examine the results of the situations in which the requirements to elements of legal act are not fulfilled. The chapter Two deals with the defects of legal act causing its nonexistence. The following chapter Three concerns the sanction of invalidity and the chapter Four explains the notion of ineffectiveness. The explanation of those sanctions is important for its mutual differentiation and for the subsequent analysis of the institute of relative ineffectiveness, because only valid and effective legal act can be pronounced by court as relatively ineffective. After analysis of different types of sanctions of defective legal act, the...

The main aim of the thesis is to provide explanation of the legal status of the neighbours in the procedures under the Building Act while working with the contemporary literature and the established practice of the courts. The first part of the thesis is devoted to a description of basic concepts. The first chapter explains the concept of structure and plot. The second chapter is describing the concept of neighbour and the evolution of the concept in detail to provide the best means of understanding the possible problems of the concept's interpretations. The final chapter of the first part explores the means of neighbour's defence against interferences of his rights connected with his real estate with special attention to the essentials of objections, as these are the main mean of said defence, while the factual content of the objections is explained in later chapters within the boundaries of individual procedures. The second part is divided into four chapters each dedicated to a certain field of procedures under the Building Act while focusing the neighbour's point of view. The first chapter describes the application for a planning permission procedure and its alternatives: the public law contract, the simplified procedure and the planning consent. The second chapter follows on with the building...

Le but de cette thèse est de lire les textes de Maine de Biran comme une philosophie de l’apparition du moi et de la genèse de la pensée réflexive. Les deux premiers chapitres mesurent la portée des critiques biraniennes de l’innéisme du sujet à l’époque de sa « révolution totale » de 1804. Il s’agit de ses critiques de Destutt de Tracy et de Locke. Ces deux prédécesseurs, présupposant l’idée du moi déjà formée et une réflexion déjà complète, laissaient incomplètes leurs recherches du sujet pensant. Par les critiques de ces deux penseurs, Biran approfondit sa conception de la « réflexion », en la fondant sur la naissance du moi. Les chapitres 3 et 4 thématisent les deux fruits de ces critiques, à savoir le parallélisme psycho-physiologique que Biran applique à la recherche de l’apparition du sujet d’une part, et de l’autre le concept de « réflexion » en tant que processus d’approfondissement du point de vue interne. Le chapitre 3 examine les considérations biraniennes sur l’apparition d’un individu voulant et conscient, en référant ses critiques de Xavier Bichat. Cette recherche concerne le passage entre l’involontaire et le volontaire, relié par la spontanéité. Le dernier chapitre explique le concept biranien de réflexion comme un processus de formation de la pensée réfléchie ayant la différence de degrés de profondeur. Ce chapitre montre que ce concept permet de relier la première aperception sensible à la « réflexion supérieure » qui fournit les notions métaphysiques, et que ce processus peut être analysé en deux aspects : redoublement de l’aperception et concentration vers l’aperception immédiate. / The purpose of this thesis is to read the texts of Maine de Biran as a philosophy of the appearance of the self and the genesis of reflective thinking. The first two chapters measure the reach of criticism which Biran did toward the supposition of the innate subject at the time of his "total revolution" of 1804. It is his criticism of Destutt de Tracy and Locke. Two predecessors, presupposing the idea of the self already formed and the reflection already completed, left their researches of the thinking subject incomplete. By critics of these two thinkers, Biran deepened his understanding of "reflection", and based it on the birth of the self. Chapters 3 and 4 examine two fruits of these criticisms, namely the psycho-physiological parallelism which Biran applies to the research on the appearance of the self, and the concept of "reflection" as the process of deepening the internal point of view. Chapter 3 examines considerations of Biran on the appearance of a willing and conscious individual, referring to his criticism of Xavier Bichat. This research concerns the transition between the involuntary and the voluntary, which the spontaneity connects. The last chapter explains the concept of reflection as a formation process of reflective thought with the difference of degrees of depth. This chapter shows that this concept serves to connect the first apperception to the "réflexion supérieure" that provides metaphysical notions, and that this process can be analyzed in two aspects: duplication of the apperception and concentration to the immediate apperception.

Legal acts aimed at the termination of employment Abstract The aim of this thesis is to provide a comprehensive picture of the current and future new regulations on legal acts leading to the termination of employment. The thesis consists of seven chapters, each of them dealing with different issues. The first chapter is devoted to legal acts in general, to the employment relationship and its termination. It specifies what a legal act is and defines its requisites. The definition of the employment relationship and its termination are dealt with in its two subchapters. The second chapter concentrates on one of the legal acts leading to the termination of employment - the mutual termination agreement. This chapter consists of two subchapters, the first one specifying the requisites of the mutual termination agreement, the second one containing a concluding interpretation of this kind of agreement. The third chapter is devoted to the notice of termination of employment, the unilateral legal act resulting in the termination of the employment relationship. This chapter contains five subchapters. The first one deals with the notice period, mainly with its length, its course and its regulation in the conceptual amendment to the Czech Labour Code. The second subchapter concentrates on the notice of termination of...

- 1 - Abstract This thesis deals with the Occupancy of buildings and their alterations. To select this theme inspired me the decision to leave home and reconstruction of apartment. The aim of this thesis was to exclusion and describing the problems of practices that lead to the occupancy of buildings. A choice selected institute was targeted because the area governed by the Building Act is very wide. Another aim was to define the differences of the amended provisions. I also considered it important to outline the practice of building offices. The thesis is presented a short introduction. The sources of law are discussed in the first chapter. This chapter is divided into four subchapters and this chapter is dealing with the historical development of legislation, current sources of legislation, the last amendment to the building law and its deficiencies. Content of the second chapter is interpretation of some terms that relate to occupancy of buildings. This is essentially a building, "black" building, change of the completed building, change building before its completed, change in the way of building occupancy and builder. In the third chapter, attention is paid to executors of public administration in the section of the building code. This chapter consists of two subchapters. The first subchapter focuses...