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12. Climate change disputes in the Czech Republic
- Creator:
- Vojtěch Vomáčka and Ilona Jančářová
- Format:
- print, bez média, and svazek
- Type:
- model:article and TEXT
- Subject:
- klimatické změny, znečištění ovzduší, climate changes, air pollution, Česko, Czechia, access to justice, actio popularis, 16, and 34
- Language:
- English
- Description:
- This chapter is aimed at describing the relationship between individual rights and climate change agenda in the Czech Republic. Firstly, the authors provide a brief description of the Czech framework policy for climate change adaptation and specific acts dealing with the climate change. After that, the means of judicial protection in climate change disputes are analysed, with a particular emphasis on the role of administraitve courts. For better understanding, the authors present the most significant decisions of the Czech courts. They conclude that the courts may provide relatively effective protection against both public and private actors. however, climate change is still a new topic with which the applicants have not yet learned to work. In some cases, which are primarily concerned with other issues such as air pollution, climate change serves more as a supporting than a stand-alone argument. This is not likely to change any time soon, because the country is not affected by climate change to the degree it would be forced to act and immediate action would be deemed necessary. Moreover, the judicial review of the state policies is not allowed, even though at the governmental level, short-term economic goals are clearly preferred to the environmental agenda., Vojtěch Vomáčka, Ilona Jančářová., and Obsahuje bibliografické odkazy
- Rights:
- http://creativecommons.org/publicdomain/mark/1.0/ and policy:public
13. Comments on the approach to human dignity in case law
- Creator:
- Helena Hofmannová
- Format:
- print, bez média, and svazek
- Type:
- model:article and TEXT
- Subject:
- lidská důstojnost, human dignity, inhuman, judicial interpretation, hard cases, minimal core of human dignity, ethical consensus, legal concept of human dignity, prohibition of torture and other cruel, inhuman, and degrading treatment, prohibition of capital punishment, basi, 16, and 34
- Language:
- English
- Description:
- The article ‘Comments on the approach to human dignity in case law’ deals with some approaches to the interpretation of human dignity by international and constitutional courts including Czech Constitutional Court. It is the wide-ranging and extensive use of human dignity that certainly is a success of the post-war concept of human dignity as a basis for the protection of rights. On the other hand, the universal applicability of human dignity and it being ambivalently used is criticised for leading to vagueness and relativisation of the basic concept of dignity. However, given that the post-war conception is based on human dignity being the grounds for the human rights granted to all people, the universality of human dignity and its extensive use are the typical attributes thereof. The article describes fields of judicial interpretation of human dignity expressing diverse worlds of constitutional values., Helena Hofmannová., and Obsahuje bibliografické odkazy
- Rights:
- http://creativecommons.org/publicdomain/mark/1.0/ and policy:public
14. Communicating judicial decisions: stepping out of the black box
- Creator:
- Askari, Daniel, Kristina Blažková, Jan Chmel, and Rademacherová, Kristina
- Format:
- print, bez média, and svazek
- Type:
- model:article and TEXT
- Subject:
- sociální média, právo, social media, law, judiciary, openness, transparency, case-law databases, 16, and 34
- Language:
- English
- Description:
- The article deals with the principle of openness in the judiciary, specifically communicating judicial decisions to the public. Firstly, it discusses the relation between publicity and transparency of courts on the one hand and their legitimacy on the other. While the authors believe that the judiciary should be increasingly open to the public and point out benefits of that approach, they also recognize the risks thereof. Based on a comparative analysis of courts in a number of European states as well as the CJEU and ECHR the article analyses typical approaches to communication of judicial decisions. The final chapter contains normative conclusions which can serve as general guidelines applicable within the European judiciary., Daniel Askari, Kristina Blažková, Jan Chmel, Kristina Rademacherová., and Obsahuje bibliografické odkazy
- Rights:
- http://creativecommons.org/publicdomain/mark/1.0/ and policy:public
15. Compensation schemes for damage caused by healthcare and alternatives to court proceedings in the Czech Republic
- Creator:
- Tomáš Holčapek
- Format:
- print, bez média, and svazek
- Type:
- model:article and TEXT
- Subject:
- odměňování, alternativní řešení sporů, compensation, alternative dispute resolution, medical malpractice, civil liability, 16, and 34
- Language:
- English
- Description:
- The article introduces the basic principles of compensation for medical malpractice, mainly by means of a civil liability sytem, in the Czech Republic. It outlines the normative framework and illustrates its application in practice on selected case law of Czech courts. As the judicial system has both advantages and disadvantages, available alternatives to court proceedings are also discussed even if they tend to be uaed rather conservatively. Furthermore, the text presents changes to the law, including those already carried out by the relatively new Civil Code and some potential future developments, together with remarks about the overall legal context in which the system of compensation for harm from healthcare operates., Tomáš Holčapek, Petr Šustek., and Obsahuje bibliografické odkazy
- Rights:
- http://creativecommons.org/publicdomain/mark/1.0/ and policy:public
16. Consensual security rights over intellectual property
- Creator:
- Pavel Koukal and Pullmannová, Helena
- Format:
- print, bez média, and svazek
- Type:
- model:article and TEXT
- Subject:
- duševní vlastnictví, intellectual property, intellectual property rights, consensual security rights, pledge, priorities of creditors, registration in the IP registries, 16, and 34
- Language:
- English
- Description:
- This paper focuses on the consensual security rights over the objects of intellectual property in the Czech Republic. The paper is based on the national report presented for the purpose of XX. Congress of the International Academy of Comparative Law (Japan, Fukuoka, 22-28 July 2018). In the first part of the paper, the authors describe the system of the intellectual property protection and explain the basic principles of the core sstems of IP protection: copyrights, patents, trademarks and industrial designs. in the next part the authors define three most common methods of the security rights over the intangible assets: a pledge, transfer of a right as a security, and a prohibition of the alienation or the encumbrance of assets. The paper subsequently deals with the following issues: typical structure of the security transaction, mechanisms of evaluating the IP rights used as collateral, and requirements needed for the effectiveness of security rights. With this regard the authors distinguish between the effects of the security rights over non-registered rights such as copyright or unregistered designs, and security rights over registered trademarks, granted patents or registered industrial designs. Special attention is paid to the security rights over the business enterprise. The final part of the paper is aimed at the statistical analysis. The authors describe how frequent is the use of the consensual security rights in Czech legal practice and what are the usual costs related to the secured transactions over the intellectual property., Pavel Koukal, Helena Pullmannová., and Obsahuje bibliografické odkazy
- Rights:
- http://creativecommons.org/publicdomain/mark/1.0/ and policy:public
17. Constitutional pluralism and the Slovak Constituional Court: the challenge of European Union Law
- Creator:
- Steuer, Max
- Format:
- print, bez média, and svazek
- Type:
- model:article and TEXT
- Subject:
- monismus, evropské právo, ústavní soudy, monism, constitutional courts, European law, Slovensko, Slovakia, constitutional pluralism, European Union law, Slovak Republic, 16, and 34
- Language:
- English
- Description:
- After the accession of several Central and Eastern European countries to the European Union in 2004, new challenges arose for their highest judicial institutions to define and shape the relationship between the national and European legal order. This paper assesses the first decade of the effort of the Slovak Constitutional Court (SCC) in interpreting the relationship between domestic and EU law via applying the concept of constitutional pluralism which presumes a specific relationship between the legal orders characterized by their heterarchical structure, mutual interaction and cooperation rather than of a hierarchical, monistic structure, governed by clash over dominance. Answering the research question how the SCC has positioned itself vis-à-vis the constitutional monism v. pluralism dilemma can offer an insight on the general relationship between domestic and EU law in Slovakia. By analysing statutory law, selected judgments and reviewing secondary literature, the paper argues that the SCC seems to have chosen the monistic, hierarchical approach to the relationship, having rejected constitutional pluralism. At the same time, this position is not articulated clearly enough due to the veil of secrecy that to some extent still prevails over the SCC’s doctrinal attitudes to EU law. The findings of the paper, which combines conceptual analysis of constitutional pluralism with review of relevant legal provisions and case law, demonstrate the need for a more active and straightforward approach of the SCC when dealing with the challenges of EU law., Max Steuer., and Obsahuje bibliografické odkazy
- Rights:
- http://creativecommons.org/publicdomain/mark/1.0/ and policy:public
18. Čtvrtstoletí pojišťovacího zákonodárství dělnického
- Creator:
- Winter, Lev
- Publisher:
- Ústřední sdružení nemocenských pokladen
- Format:
- print and 47 s.
- Type:
- model:monograph and TEXT
- Subject:
- Obchodní právo. Finanční právo. Právo průmyslového vlastnictví. Patentové právo. Autorské právo, pojistné právo, nemocenské pojištění, pojišťovnictví, úrazové pojištění, Čechy (Česko), 364.32, 364.322, 368(437.31), 16, and 347.7
- Language:
- Czech
- Description:
- napsal Lev Winter.
- Rights:
- http://creativecommons.org/publicdomain/mark/1.0/ and policy:public
19. Cybersecurity of small and medium enterprises in the era of internet of things
- Creator:
- Kasl, František
- Format:
- print, bez média, and svazek
- Type:
- model:article and TEXT
- Subject:
- internet věcí, Internet of things, cybersecurity, small and medium enterprises, 16, and 34
- Language:
- English
- Description:
- The issues related to cybersecurity are being amplified by the growing role of the Internet of Things devices in current digital economy. The focus of this contribution is to examine the challenges of IoT environment for the corporate cybersecurity from the legal perspective with regards to the specific role of small and medium enterprises. It provides an introduction into the environment of SMEs and the transformation of their operations through new technologies, followed by highlights of the cybersecurity challenges brought by the IoT. Core part of the contribution is an analysis of the applicable legal frameworks and discussion of the broader picture with regard to this specific perspective on the regulation of corporate cybersecurity., František Kasl., and Obsahuje bibliografické odkazy
- Rights:
- http://creativecommons.org/publicdomain/mark/1.0/ and policy:public
20. Czech national report on optional choice of court agreements
- Creator:
- Naděžda Rozehnalová, Silvie Mahdalová, and Zavadilová, Lucie
- Format:
- print, bez média, and svazek
- Type:
- model:article and TEXT
- Subject:
- jurisdikce, jurisdiction, asymmetrical choice of court agreement, Czech law, international cases, party autonomy, optional choice of court agreement, 16, and 34
- Language:
- English
- Description:
- The national report for the purpose of the 20th International Congress of Comparative Law Fukuoka 2018 deals with the optional choice of court agreements from the perspective of the Czech law. The report answers the questions if the Czech national legislation allows the parties to conclude the optional choice of court agreements in international cases, what is the character of these clauses and if they are expressly stated in the Czech Private International Law Act. The authors deal also with the asysmmetrical choice of court agreements, expecially their legal effect. in the end of the report, the authors evalueate the efficiency of the national regulation and propose for the necessary modifications., Naděžda Rozehnalová, Silvie Mahdalová, Lucie Zavadilová., and Obsahuje bibliografické odkazy
- Rights:
- http://creativecommons.org/publicdomain/mark/1.0/ and policy:public