scholarly journals Problematic Aspects of Judicial Protection against the Inaction of Administrative Authorities in the Czech Republic

2021 ◽  
Vol 5 (2) ◽  
pp. 109-120
Author(s):  
Kateřina Frumarová
Keyword(s):  
Czech Republic ◽  
Case Law ◽  
Controversial Issues ◽  
Main Attention ◽  
The Czech Republic ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Administrative Body ◽  
Administrative Proceedings ◽  
Judicial Protection

One of the three most important types of actions in the Czech administrative judiciary is the action for protection against the inaction of an administrative body. Judicial protection follows on from the protection within the administrative proceedings (according to the Administrative Procedure Code). Its entrenchment in the Czech law in 2002 was a huge positive. Nevertheless, in practice there are some controversial issues or issues for discussion which relate to this action. The article analyses the essence of this action, its conditions and hearing in court. However, the main attention is paid to the problematic aspects of the action, both those regarding its legislation and those arising from the practice and case law relating to protection against administrative inaction.

Prague, the Victorious May of 1945

2020 ◽  
Vol 13 (4) ◽  
pp. 80-91
Author(s):  
S. V. Kudryashov
Keyword(s):  
Czech Republic ◽  
Controversial Issues ◽  
Political Struggle ◽  
Military Operation ◽  
The Czech Republic ◽  
German Army ◽  
Local Municipality ◽  
Local Residents ◽  
Group Center

The article deals with complex and controversial issues related to the uprising and liberation of Prague in May 1945. Interpretation of the events became acute and caused lively discussions in connection with the demolition of the monument to Marshal I. V. Konev on April 3, 2020 by the order of the local municipality. The Czech Republic is also discussing the idea of «perpetuating the role of other liberators» of the capital – soldiers of the ROA division, which for two days (May 6-7) provided assistance to the rebels. Using new documents from the Central archive of the Ministry of defense of the Russian Federation, the author draws a conclusion about the limited influence of the Vlasov units. They, indeed, brought confusion to the German ranks, but early in the morning of May 8, they themselves left Prague on a rapid march. After that, fighting and negotiations between the rebels and the German command continued. The article emphasizes that the main goal of the Soviet military operation from 6 to 11 May 1945 was the defeat of the German Army Group Center. The liberation of Prague was only part of a powerful offensive by three Soviet fronts. Heavy battles for Prague did not happen, but the entry of Soviet tanks into the Czech capital and the subsequent jubilation of local residents became a symbol of the end of the war in Europe. The author concludes that the demolition of monuments to Soviet soldiers and commanders is a manifestation of internal political struggle in the countries where it occurs, and the Czech Republic is only one of these examples.

scholarly journals Taxation of Professional Team Sport Athletes in the Czech Republic

2016 ◽  
Vol 1 (1) ◽  
pp. 62-71
Author(s):  
Michal Radvan ◽  
Jan Neckář
Keyword(s):  
Czech Republic ◽  
Scientific Literature ◽  
Team Sports ◽  
Case Law ◽  
Tax Law ◽  
Professional Athlete ◽  
The Czech Republic ◽  
Self Employment ◽  
Tax Assessment ◽  
Or Team

The career of a professional athlete is unique when compared to other professions. Not purely the role and nature of the position (such as whether they are individual or team  players), but also from the factual, legal, and especially tax perspectives. And since a  professional athlete’s income is subject to taxation, it is necessary that their activity is  accurately determined for appropriate tax assessment. The main purpose of this article is to  examine the taxation of income on professional athletes in team sports. Our study is based  on case law determined by the Czech Republic’s Supreme Administrative Court (hereinafter ‘Supreme Administrative Court’), which determined that it is necessary to tax the activities of  team players as income from self-employment. The existing scientific literature on this  subject in the Czech Republic is not particularly relevant, as it is mostly descriptive. International scientific literature is more abundant and comprehensive, such as noted  publications by Tetłak, Simpson, and Taxation of Artistes and Sportsmen in International Tax  Law, edited by Loukota and Stefaner.

scholarly journals Statutory Bar on the Right to Exercise a Mortgage Under the Conditions Applicable in the Slovak Republic and Comparison with the Legal Regulation of the Czech Republic

2021 ◽  
Vol 12 (3) ◽  
pp. 224-238
Author(s):  
Nikola Pacalajová ◽  
Martin Kubinec
Keyword(s):  
Czech Republic ◽  
Real Estate ◽  
Slovak Republic ◽  
Case Law ◽  
Legal Regulation ◽  
Judicial Activism ◽  
Public Records ◽  
The Czech Republic ◽  
The Real Estate ◽  
The Right

Abstract Based on the analysis and comparison of legal regulation and existing case law, the authors present in the paper their opinion on the issue of deleting mortgage with statute-barred claim from public records (Land Registry). The Slovak legal regulation, in contrast with the Czech one, does not include an explicit provision enabling the deletion of mortgage with statute-barred claim from Land Registry. Taking into consideration the aspect of justice, the authors reached the conclusion that even without a normative platform, it is necessary to allow the mortgagor to apply to court to determine that the real estate is not mortgaged and subsequently use the court’s decision as a basis for deletion. However, since the courts decide in this case, using judicial activism, knowingly contrary to the purpose and content of the institute of statutory bar, the authors consider it essential that legislation be adopted as soon as possible to regulate this situation.

scholarly journals Forms of consumer protection

2021 ◽  
Vol 59 (3) ◽  
pp. 227-267
Author(s):  
Dragan Vujisić ◽  
Milan Rapajić
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Administrative Procedure ◽  
Consumer Protection Act ◽  
Civil Proceedings ◽  
The Law ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection

The authors point to the plurality of forms of consumer protection. Private law form of consumer protection is individual protection in civil proceedings. The protection of the collective interests of consumers in most European legal systems is achieved through litigation. The Consumer Protection Act entrusts the protection of the collective interests of consumers to administrative bodies, which is realized in administrative proceedings, whose rules are characterized by considerable differences in relation to the rules provided by the Law on General Administrative Procedure. A significant unit is dedicated to the mechanism of alternative dispute resolution, especially arbitration and mediation. The shortcomings of the Law on Consumer Protection regarding certain contradictory provisions are pointed out. The legislator stimulates alternative dispute resolution, and on the other hand stipulates that contracting one of these methods does not affect the right to judicial protection. The paper also analyses the inspection.

scholarly journals State forest administration performance in the Czech Republic: A case study of forestry legislation implementation in the South Bohemian Region

2021 ◽  
Vol 67 (4) ◽  
pp. 248-257
Author(s):  
Michal Hrib ◽  
Marcel Riedl ◽  
Petra Hýsková ◽  
Jaroslav Maršík ◽  
Martina Jarkovská
Keyword(s):  
Czech Republic ◽  
Timber Harvesting ◽  
The Czech Republic ◽  
State Administration ◽  
Decision Making Processes ◽  
Forest Act ◽  
Administrative Proceedings ◽  
And Control ◽  
Hunting And Fishing

Abstract In the Czech Republic, the present state forest administration is incorporated into general state administration. Municipalities with extended competence (MECs) as first-instance forest administration bodies thus perform the so-called “mixed” administration. Besides forestry, MECs cumulatively perform hunting and fishing administration, observing several different laws. On an example of three MECs in South Bohemia (České Budějovice, Týn nad Vltavou and Písek), the paper analyses the decision-making processes and control activities concerning the implementation of administrative activity, particularly the Forest Act. The findings show that during the observed period 2011–2015, the most frequently conducted administrative proceedings under the Forest Act involved binding opinions regarding permission for buildings at a distance of fewer than 50 m from the forest and decisions on timber harvesting. Other frequently performed acts somewhat surprisingly concerned issuing licenses for professional forest managers and decisions whether or not the land fulfils forest functions. Based on the findings, the paper also suggests stimuli and suggestions (de lege ferenda) for changes in the Forest Act and other regulations relating to this issue.

scholarly journals Effectiveness of Judicial Protection against Administrative Silence in the Czech Republic

2019 ◽  
Vol 17 (1) ◽  
pp. 43-68
Author(s):  
Soňa Skulová ◽  
Lukáš Potěšil ◽  
David Hejč ◽  
Radislav Bražina
Keyword(s):  
Decision Making ◽  
Czech Republic ◽  
Statistical Analysis ◽  
Best Practices ◽  
Legal Regulation ◽  
The Czech Republic ◽  
Effective Instrument ◽  
Court Proceedings ◽  
Judicial Protection

This paper is devoted to the issue of judicial protection in case of (or against) administrative silence (inactivity) and its effectiveness on the case study of the Czech Republic. The aim of judicial protection against administrative silence is to help solving or terminating administrative silence quickly, otherwise, an imaginary vicious circle is created. The purpose of the paper is to verify whether judicial protection is indeed effective by surveying the related legislation and court practice (especially the length of proceedings) dealing with the so-called inactivity. The methods of analysis applied are normative analysis, literature review, statistical analysis of decision-making activities of courts and deduction. Our findings establish that due to the excessive length of court proceedings and incomprehensible legal regulation it is difficult to view the judicial protection against administrative silence as being a speedy and effective instrument of remediation of inactivity on the part of administrative authorities. The results can serve as a ground to compare the situation with other similar countries and to exchange best practices.

The Czech Republic

2021 ◽  
pp. 683-722
Author(s):  
Tamara Popic
Keyword(s):  
Czech Republic ◽  
Healthcare System ◽  
Social Health Insurance ◽  
Controversial Issues ◽  
Healthcare Provision ◽  
The Czech Republic ◽  
Health Politics ◽  
Insurance System ◽  
Political Divide ◽  
Universal Health

This chapter provides an extended look at health politics and the universal health system based on a compulsory social health insurance in the Czech Republic. It traces the historical development of the Czech healthcare system, characterized by a systemic shift from an insurance system to a fully state-run Soviet Semashko model of healthcare provision. Since the fall of communism in 1989, the Czech healthcare system has undergone significant reforms, including a return to a Bismarckian insurance system and market-oriented reforms in delivery and financing of health services. The post-communist reforms were characterized by the crystallization of the left–right political divide in healthcare policymaking. As the chapter argues, this division became particularly pronounced in the context of reforms introducing user fees for medical services and hospital privatization, both of which were controversial issues, with critics arguing that these reforms posed a major threat to the system’s solidarity.

scholarly journals THE ENFORCEMENT PROCEEDING UNDER THE BULGARIAN ADMINISTRATIVE PROCEDURE CODE

World Science ◽  
2021 ◽  
Author(s):  
Veselina Kanatova-Buchkova
Keyword(s):  
Controversial Issues ◽  
Detailed Consideration ◽  
Administrative Procedure ◽  
Legal Remedies ◽  
Procedure Code ◽  
Administration Of Justice ◽  
The Subject ◽  
Administrative Act ◽  
Final Settlement ◽  
Legal Consequences

This paper considers the issues related to the provisional enforcement of administrative acts and the legal remedies against the execution of an administrative act before its entry into force in case of contestation before a higher administrative body or the court. The means of protection of the parties concerned against the provisional enforcement of administrative acts are the subject of special proceedings defined as enforcement proceedings, as they guarantee the ultimate aim of protecting the respective appellant, which is sought by challenging the administrative act, namely not to have the legal consequences of an illegal administrative act realized. The enforcement proceedings under the Administrative Procedure Code provide protection through the suspension of provisional enforcement until the final settlement of the issue of the legality of the administrative act. There detailed consideration of the preconditions of the proceedings, including the controversial issues related to their application in the administration of justice. 

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