KLÍMA, Karel a kol. Veřejná subjektivní práva
1st ed. Prague: Metropolitan University Prague Press, 2016. ISBN 978-80-87956-48-9
Public subjective rights arise from the needs of a society created under certain historical circumstances. Arise from the specific needs of the ruling class (or its part) to legally consolidate, event. help to consolidate institutions and principles that are important for a certain level of its development, consolidation of power in the regions, in particular, of political life and the functioning of the structures of the society. From this we can follow a tendency to grip and create important social institutions conform substantially, especially in the various legal documents, which would be granted the highest legal authority. Christianity is supposed as a basement.
In the era of absolutism or another type of totalitarian power, it was difficult to form an independent total set of rules that would be able to restrict such power. However, even in this time of such single rules has been created successfully and the Magna Charta Libertatum adopted (1215), the Habeas Corpus Act (1679), and numerous other normative legal acts of the medieval.
Formation of public subjective rights was a long-lasting process, during which some of the events of world history have contributed to the creation of todayʼs force of constitutional principles. These events include the North American colonies fight for independence, which led to the creation of the Declaration of Independence in 1776 and the French Declaration of the Rights of Man and of the Citizen of 1789.
Permanent residence in current concept is gradually becoming inadequate, both for public administration and for its recipients. During its definition in terms of the current law it cannot be avoided of brief historical excursus. The impact of permanent residence is criticized by institute on the activities of public administration and its possible modifications, in particular the practice of public administration from functional and organizational levels.
Rights connected with the person of the author and rights that have the nature of proprietary rights occur in the entire area of intellectual property rights. This is in the area of copyright and related rights as well as in the area of industrial property rights. Their existence is generally scrutinized at the time when their public use comes to consideration or at the time of their infringement. While there is strict differentiation between personal rights and proprietary rights in the area of copyright, starting with the Copyright Act, such a differentiation is not as common in the area of industrial property rights. Industrial property laws do not use a special designation for them. According to the new civil procedure code, these industrial property rights should be categorized as the rights of a personal nature and the rights of a proprietary nature, as they are treated in the present article. In any case, personal rights as well as rights of a proprietary nature need to be respected in the entire area of intellectual property rights.
Chapter is devoted to the question of whether there is a public subjective right to grant asylum. Although the very constitutional framework so far according to most authors nor the Constitutional Court's public subjective right to the granting of asylum does not directly, it can be according to other opinions deduced from international, EU and statutory legislation. Its occurrence and duration, however, must fulfill a range of diverse conditions that are given all relevant objective law. If all objective law, both positively and negatively defined the conditions for granting asylum are filled, there is an applicant is entitled to obtain a positive decision. The exception is a situation where objective law expressly provides for the possibility discretion of the determining authority, as is the case for humanitarian asylum. Chapter further defines and elaborates on four basic areas of the conditions laid down by the various levels of objective law, which must be cumulatively fulfilled in order to create and to subsist a subjective right to asylum.
The article is the definition of public subjective rights and their protection provided in the administrative judiciary. In the beginning of the article I will discuss the definition of the subject matter, both in the Civil Administrative Procedure Code, and particularly in the judicial case law and literature. Then I concentrate on the question of who can actually protect public subjective rights claim. Consideration will also be paid to the scope of protection of public subjective rights, focusing on action against administrative decisions, protection against inactivity of administrative authorities and protection against illegal interference, instruction or coercion by an administrative authority. The article will focus on the conditions of judicial protection, and in cases where this protection is excluded.
This section deals with the assembly right as a public subjective right, so it is focused especially on scope for subjects that exercise this right, as well as on duty of the state administration to initiate an infringement only under fulfilment of certain conditions. In these connections the section is concerned also on judicature / practice of the European Court of Human Rights that constitutes the guidance for decision-making of the national courts. The section deals also with current issues related to the assembly right as this right attracts more attention in the connection with the current security risks.
Media work is based on freedom speech guaranteed by legal norms of the highest legal force. State responsibility is this freedom to specify in legislation. The Czech Republic fully fulfiled its commitment which is based on the Charter of Fundamental Rights and Freedoms, on the Convention for the Protection of Human Rights and on other international agreements.
A chapter is devoted to some specific features of the contemporary development of domestic legislation and application of legal rules in the field of gambling. Using specific examples of legal provisions and court decisions, the authors show that there is acceptance for some models, legislation and practices that would be in other business areas apparently seen as controversial because they may cause weakening of the principles of equality, legal certainty and protection of acquired rights. Authors concluded that even in this socially certainly problematic area of business, however, it is not to question the universality of these principles, when legislation explicitly allows operating of gambling.
Competition law is enforced in practice through both public and private law instruments which must operate in complience and that shall be reflected in a new act. The act is under preparation as a implementation of the EU Directive from 2015. Office for protection of economic competition will be by it empowered to disclose evidence produced by the Office in public procedure to civil courts for private dispute. Such duty does not cover evidence that was introduced to the Office according program leniency by the competitor infringing the competition law and other specifics – to be protected his identification and supported his readiness to collaborate with the Office and introduce such evidence. It will complete his claim to compensate harms caused by the intrusion into his private sphere and also public subjective right to protect his right to engage business activity and existence economic competition as such, too. There is a question whether to implement in the new act only the Directive or to frame it more narrow – not only as a claim to compensate material damages but also as an immaterial harm and unjust enrichment etc.
The author analyzes different models of relations between the protection of human rights and protection of the environment and their application in decision-making activities of Slovak Constitutional Court. The absence of the legal regulation of the substantive aspects of public subjective right to a favorable environment is the reason, why the effectiveness of the enforcement of the constitutional right of individuals to a favorable environment is low. Such legal situation exists not only in Slovakia, but also in the Czech Republic and Poland.
The paper analyzes the protection of individuals in case of infringement of the obligation of national courts to refer for the preliminary ruling to the Court of Justice of the European Union. Natural and legal persons have got at their disposal legal instruments at constitutional and EU level and at the level of the Council of Europe. They may submit constitutional complaints to the Constitutional Court of the Czech Republic, apply to the European Court of Human Rights or claim damages against the State for violation of EU law. The author considers the protection of individuals to be sufficient. However, the above mentioned instruments may be used only in cases of serious infringement of the obligation to refer to the Court of Justice.
This article is focused on protection against domestic violence. First of all, the author focuses on the rights of the police of the Czech republic to expel a violent person. He especially deals with the analyse of legal form and problems which are occur in practice including mutual connection and cooperation of all interested parties.
Subsequently, he looks into consequential psychology and law and social aid which offer intervention centres for person threatened by domestic violence. The final part addresses law protection mentioned in substantive-law form on civil code and with the procedural process of preliminary procuration based on special court proceedings.