scholarly journals Zákaz zneužitia veřejných subjektívnych prav a slobôd

AUC IURIDICA ◽  
2021 ◽  
Vol 67 (4) ◽  
pp. 77-91
Author(s):  
Soňa Košičiarová
Keyword(s):  
Czech Republic ◽  
Public Administration ◽  
Constitutional Court ◽  
The Czech Republic ◽  
Legal Nature ◽  
Administrative Courts ◽  
Subjective Rights

The aim of the article is to point out the growing phenomenon of the abuse of public subjective rights and freedoms by private persons in public administration. It analyzes the legal nature of the abuse of rights and freedoms, and the competence of public administration authorities. The author mentions some of the most well-known cases decided by the Constitutional Court and administrative courts in the Czech Republic and Slovakia.

scholarly journals Impact of the Rule of Law as a Fundamental Public Governance Principle on Administrative Law Interpretation in the Czech Republic

2019 ◽  
Vol 17 (2) ◽  
pp. 117-140
Author(s):  
Jana Janderová
Keyword(s):  
Czech Republic ◽  
Rule Of Law ◽  
Comparative Method ◽  
Administrative Law ◽  
Constitutional Court ◽  
General Tendency ◽  
Public Governance ◽  
The Czech Republic ◽  
The Rule Of Law ◽  
Administrative Courts

The rule of law is a fundamental principle and the cornerstone of Western democracies and their public governance. Its underlying value is the idea of constraint of governmental power. The rule of law principle acts as an interpretative concept in most contexts of the exercise of public powers in the EU and its Member States, with the courts exercising supervision over the activities of administrative bodies. However, the teleological argumentation through fundamental principles is not inherent to all Central and Eastern European judicial and administrative bodies, given the long tradition of formalistic approach in most of them. The article analyses whether the approach has changed during the past thirty years and to which level the principle of the rule of law is used for interpretation of administrative law provisions by courts in the Czech Republic. Since the case law of the Czech Constitutional Court and the Czech Supreme Administrative Court is based on the arguments of legality and proportionality as the key elements of the rule of law, their cases were analysed using a comparative method. The article identifies a general tendency in legally difficult cases to move from purely linguistic interpretation to interpretation through values, including the rule of law. Most of the analysed cases reveal that the formalistic interpretation was strongly criticised by both the Constitutional and the Supreme Administrative courts. However, slight differences in their perception of the principles of legality and proportionality were discerned, namely in the debate on the intensity of control exercised by administrative courts over factual and discretionary decisions by administrative authorities. Nevertheless, these differences produce beneficial effects, as both principles continue being developed thanks to the exchange of opinions between the courts. Further research could be conducted for similar countries in the region.

scholarly journals Judicial Review of Municipal Legislation on Hazard Games in the Czech Republic

2019 ◽  
Vol 4 (1) ◽  
pp. 50-57
Author(s):  
Michael Kohajda ◽  
Jiri Moravec
Keyword(s):  
Czech Republic ◽  
Judicial Review ◽  
Constitutional Court ◽  
Court Decisions ◽  
The Czech Republic ◽  
Ministry Of Finance ◽  
Administrative Courts ◽  
Legislative Activities

The aim of the article is to discover fundamental regulating legislative activities of municipalities in the field of hazard games. For several recent years there have been a lot of problematic cases relating to authorisations to carry on hazard games in the Czech towns and villages that have had to be decided by the Ministry of Finance and later by administrative courts and the Constitutional Court. Some of the decisions can be considered fundamental and very relevant for fundamental principles of municipal legislation making. The authors focus on elected court decisions with the aim to evaluate the practise of municipalities in the field.

scholarly journals NGO–Public Administration Relationships in Tackling the Homelessness Problem in the Czech Republic and Poland

2021 ◽  
Vol 11 (1) ◽  
pp. 24
Author(s):  
Monika Sidor ◽  
Dina Abdelhafez
Keyword(s):  
Czech Republic ◽  
Public Administration ◽  
Social Assistance ◽  
Public Servants ◽  
The Czech Republic

Recently, the role of non-governmental organisations (NGOs) in Poland and the Czech Republic has increased, which has translated into a growing tendency to change the procedures for social assistance provision. However, the relationships between public administration and non-governmental organisations differ in both countries. The Najam Four-C’s Model is used in this paper to describe how NGOs and public administration approach the problem of homelessness in the Czech Republic and Poland. To explore this issue, the authors conducted interviews with public servants and NGOs’ mangers in both countries. The findings show that, as far as homelessness is concerned, NGOs and state authorities function on the basis of complementarity in Poland as well as in the Czech Republic.

scholarly journals eGovernment readiness assessment of the Czech Republic

2009 ◽  
Vol 57 (6) ◽  
pp. 13-18
Author(s):  
Jana Andrýsková
Keyword(s):  
Czech Republic ◽  
Public Administration ◽  
Information And Communication Technologies ◽  
Information Technologies ◽  
Web Pages ◽  
Readiness Assessment ◽  
The Czech Republic ◽  
International Ranking ◽  
Information And Communication ◽  
Technology And Communication

Modern information technologies has entered all spheres of human activities, public administration authorities are not exceptions. There has been significantly increasing tendency in using information and communication technologies since beginning of the century in public administration. Despite of some indicators, progress of public administration information systems is too slow. Several organizations are engaged of eGovernment assessment at the international level. We can find some variations in the methodologies that cause different ranking of some countries in international comparison. The main goal of this paper is to analyze and assess the present state of Czech Republic eGo­vern­ment with using both external indicators and internal indicators. eGovernment index, developed by United Nations, will be the main external indicator of eGovernment quality of the Czech Republic. It includes both potential for eGovernment development and its implementation, and it‘s the most complete international ranking at present. It is defined as average of the telecommunication infrastructure index, the human capital index and the web measure index. It represents overall country ability to engage and implement eGovernment. Internal ranking of the Czech Republic eGovernment will be based upon eGovernment level coefficient, that is defined as multi-dimensional model based on technology and communication facility index, Internet using index, using of public administration services by persons and companies, poviding obligatory information, existence of electronic re­gis­try on web pages, web pages accessability and language mutations. Selected statistic data are related to information society and using information technologies in public administration and were published on Czech Statistical Office or evaluated on the bases of previous years‘ development.

scholarly journals Citizens local political participation in the Czech Republic: rural-urban comparison

2008 ◽  
Vol 53 (No. 1) ◽  
pp. 21-29
Author(s):  
J. Cmejrek
Keyword(s):  
Czech Republic ◽  
Political Participation ◽  
Public Administration ◽  
Voter Turnout ◽  
Local Level ◽  
Political Process ◽  
The Political ◽  
Local Administration ◽  
The Czech Republic ◽  
The Public

The Velvet Revolution in November 1989 in the former Czechoslovakia opened the way to the renewal of the democratic political system. One of the most visible aspects of the Czech political development consisted in the renewal of the essential functions of elections and political parties. On the local level, however, the political process - as well as in other post-communist countries - continued to be for a long time influenced by the remains of the former centralized system wherein the local administration used to be subjected to the central state power. Municipal elections took hold in these countries, however, the local government remained in the embryonic state and a certain absence of real political and economic decision-making mechanism on the local level continued to show. The public administration in the Czech Republic had to deal with the changes in the administrative division of the state, the split of the Czechoslovak federation as well as the fragmentation of municipalities whose number increased by 50 percent. Decision making mechanisms on the local and regional level were suffering from the incomplete territorial hierarchy of public administration and from the unclear division of power between the state administration and local administration bodies. Only at the end of the 1990s, the public administration in the Czech Republic started to get a more integrated and specific shape. Citizens participation in the political process represents one of the key issues of representative democracy. The contemporary democracy has to face the decrease in voter turnout and the low interest of citizens to assume responsibility within the political process. The spread of democratising process following the fall of the iron curtain should not overshadow the risk of internal weakness of democracy. The solution should be looked for in more responsible citizenship and citizens’ political participation. The degree of political participation is considered (together with political pluralism) to be the key element of representative democracy in general terms, as well as of democratic process on the local and regional level. The objective of this paper is to describe the specifics of citizens local political participation in the Czech Republic and to show the differences between rural and urban areas. The paper concentrates on voting and voter turnout but deals also with other forms of citizens political participation.

The Czech Republic: The Constitutional Court on the Lisbon Treaty Decision of 26 November 2008

2009 ◽  
Vol 5 (1) ◽  
pp. 143-164 ◽  
Author(s):  
Petr Bříza
Keyword(s):  
Czech Republic ◽  
General Public ◽  
Lisbon Treaty ◽  
Constitutional Court ◽  
The Czech Republic ◽  
Constitutional Order

On 26 November 2008 the Czech Constitutional Court (hereinafter Court) handed down a long-awaited opinion in which it unanimously found the Lisbon Treaty (hereinafter Treaty) to be compatible with the Czech constitutional order. The decision has drawn broad attention at all levels, be it political circles, academia or even general public. It is certainly one of the most significant decisions in the Court's history and it has EU-wide implications.

Decreasing Aftermath Large Extraordinary Situations via the Simulations

2014 ◽  
Vol 1001 ◽  
pp. 453-457
Author(s):  
Lenka Maléřová ◽  
Marek Smetana ◽  
Michaela Drozdová
Keyword(s):  
Czech Republic ◽  
Public Administration ◽  
Crisis Management ◽  
Research Program ◽  
Safety Engineering ◽  
The Czech Republic ◽  
Safety Research ◽  
Management Processes ◽  
Rescue System ◽  
Life Education

In 2010, the Faculty of Safety Engineering at the VSB – Technical University of Ostrava (FBI VŠB-TUO) commenced work on the SIMPROKIM (Simulation of crisis management processes in the system of whole-life education of the integrated rescue system (IRS) units and public administration bodies) project. The SIMPROKIM project falls under the framework of Safety research program, financed by the Ministry of Interior of the Czech Republic (MI CR), for which two main objectives have been determined:

scholarly journals Knowledge Management and Czech Self-Governments: Empirical Investigations into the Application of Knowledge Management to Public Administration in the Czech Republic

2017 ◽  
Vol 10 (1) ◽  
pp. 201-220
Author(s):  
David Špaček ◽  
Eva Gatarik
Keyword(s):  
Knowledge Management ◽  
Czech Republic ◽  
Public Administration ◽  
Scientific Journals ◽  
Business Organizations ◽  
The Czech Republic ◽  
Representative Data ◽  
Academic Literature ◽  
The Subject ◽  
Enormous Quantity

AbstractAlthough knowledge management has become the subject of an enormous quantity of articles and books in recent times, certain more problematic aspects of it remain neglected. Firstly, literature addressing knowledge management concentrates almost exclusively on business organizations and fails to provide details or recommendations adequate to effective application within the sphere of public administration. This holds especially true for Czech academic literature. Secondly, despite a reasonable number of articles on knowledge management in scientific journals, information about perceptions of knowledge-management activities, procedures and tools within organizations lacks detail. The purpose of this article is to investigate and summarize the activities, procedures and tools in use for dealing with knowledge within Czech self-governments and to discuss the main empirical findings. Although the quantitative survey herein does not provide fully representative data, it is still in a position to indicate that knowledge management in Czech public administration tends to be underdeveloped as well as undervalued.

scholarly journals A new system and legal regulation of administrative punishment in the Czech Republic

Prawo ◽  
2019 ◽  
Vol 327 ◽  
pp. 311-324
Author(s):  
Lukáš Potěšil
Keyword(s):  
Czech Republic ◽  
Public Administration ◽  
Legal Regulation ◽  
The Czech Republic ◽  
New Approach ◽  
Administrative Punishment ◽  
Administrative Code ◽  
New System

This paper focuses on the new legal regulation that came into effect on 1.07.2017. This represents a relatively new approach to punishment realized by the administrative bodies. The new legal regulation has changed the system of administrative delicts itself as well as practice of administrative bodies. Not only in Poland, where there was a newly-adopted new legal regulation in the Administrative Code KPA, but also in the Czech Republic, we can see how the phenomenon of administrative punishment is becoming important and is an important part of the functioning of public administration. This paper would like to analyze important changes as well as some questions that the new legal regulation in the Czech Republic has brought.

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