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Inaction and delays in proceedings as disciplinary offenses of judge in the Czech Republic Abstract The present rigorous thesis deals with the topic of disciplinary liability of judges in the Czech Republic, specifically the disciplinary offence of inaction and delays in proceedings, as the most frequently criticized ailment of the Czech judiciary, whether it is the lay or professional public. On the one hand, the thesis defines the theoretical framework and the legal regulation on which the issue of disciplinary offences of inaction and delays in proceedings is based (in particular Act No. 6/2002 Coll., on Courts, Judges, Judges and the State Administration of Courts and on Amendments to Certain Other Acts, as amended, and Act No. 7/2002 Coll, on proceedings in respect of judges, public prosecutors and bailiffs, as amended), but at the same time the rich case law of both the European Court of Human Rights relating to disciplinary proceedings in the Czech Republic and the Constitutional Court is presented, and last but not least the case law of the disciplinary chambers of the Supreme Administrative Court. The thesis presents an analysis of the decisions of the disciplinary chambers of the Supreme Administrative Court in the years 2008 - 2023, whereby the analysis examines the methods of decision-making...

Status of a Judge with a Focus on the Approach to the Judicial Profession - Abstract This rigorous thesis deals with the legal regulation of the creation of the office of judge in response to the amendment to Act No. 6/2002 Sb., on courts and judges, implemented by Act No. 218/2021 Sb. effective from 1 January 2022. To evaluate the legal regulation of the appointment of judges, it is based on the definition of the concepts of judiciary, court and judge, describes the basic tasks of courts and the prerequisites for their proper functioning. The thesis defines independence as a fundamental aspect of the proper functioning of courts and judges. It deals with the concept of independence and its guarantees. It concludes that the method of appointing judges influences and is also a guarantee of this independence. In connection with independence of the judiciary, it also mentions the influence of the executive branch on the selection and appointment of judges. It analyses the legal regulation of approach to the office of judge valid until 31 December 2021, including a description of historical context to clarify the continuity of the legal regulation with social development. It describes attempts to unify the method of selecting candidates for judicial office. The main part of the thesis is devoted to the new...

The topic of this thesis is nomination of justices of the Supreme Court, the highest federal court in the United States. The Constitution gives the power to appoint new federal justices to the president, with "advice and consent" of the Senate. This clause is based on one of the primary constitutional principles used in the United States - the system of checks and balances. The first part describes the general aspects of all nominations, from court vacancies to the final vote on Senate floor. The primary roles of the president and the Senate are defined. Focus is also set on the evolution of the nomination process throughout the history, as well as the criteria for selecting new justices, who shape the constitutional development of one of the oldest functioning democracies. The structure of the first part is then applied for a description of the nomination of Brett M. Kavanaugh, who was appointed to the Supreme Court by President Donald Trump in 2018. The course of this nomination was strongly affected by sexual assault accusations against the nominee and fierce partisan battles that resulted in the closest confirmation vote in history. The final part applies quantitative research methods to discover the influence of partisan difference between the president and the Senate majority on the...

This diploma thesis is focused on the position and tasks of a judge in pre-trial criminal proceedings and aims to present the role of the judge in pre-trial proceedings on the basis of analysis of his role and specific actions carried out in accordance with the Criminal Procedure Code which he takes part in. Criminal proceedings in general is a topical issue when considering a planned recodification of the Criminal Procedure Code. Moreover, pre-trial criminal proceedings present a significant part of criminal proceedings because all the evidence obtained and gathered in this stage might have a huge impact on the course and decision of a trial. Even though the prosecutor is in charge of pre-trial criminal proceedings, the judge holds an important position in this stage since he decides on actions which interfere with human rights and fundamental freedoms. The diploma thesis is divided into four chapters which are complementary and logically follow each other. The first chapter deals with criminal proceedings in general; in particular, it contains a definition and tasks of criminal proceedings, parties and subjects and stages. Emphasis is placed on fundamental principles of criminal proceedings as they present the main building blocks and permeate the entire Criminal Procedure Code. The second...

Thesis focuses on institutional aspect of selection of constitutional judges in Czechia and in Slovakia, personal aspect of selection, i.e. identification of the groups of recruitment and requirements and qualities of the judges. Thesis also focuses on the process, i.e. procedural aspects within which the key authorities (presidents and parliaments) compare and choose individual candidates. Based on this analysis the student will identify strengths and weaknesses of both systems, which could lead to paralysis of court in question.

In her diploma thesis titled "Depiction of the figure of judge in selected Czech media", the author aims to analyse what levels of representation are used to depict the figure of a judge in selected Czech series. The selected five figures of judges are described on the basis of their physical description, roles in society, behaviour and relationships by which their character is co-created. The author focused mainly on stereotypes, which were used to depict the figures. Part of the analysis of the figures of judge is their classification into the category of heroes or villains according to the typology of figures by Brian McNair. Also utilized are the typology of figures by E.M. Forster and Seymour Chatman. The media's depiction of the judges in selected series is positive. At the level of representativeness, it influences the perception of the institution of courts, which are shaped by the depiction of the judicial profession. 1

Název práce v anglickém jazyce: Legal status of the judge in the Czech Republic Abstract The work deals with the topic "Legal status of the judge in the Czech Republic". I chose the topic of the thesis because I consider the function of judge to be one of the vertices that can be achieved in the legal field. Everything related to this feature seems to be interesting and investigate. In addition, I consider the topic is important in society. I had the oportunity to work as an assistant to two civil judges in the district court for two years and to look into the "court action". During this time I came into contact with several judges, I attented several courts hearings. The thesis is divided into 23 chapters. The beginning of the thesis is devoted to the historical development of the judiciary and to the related development of the position of a judge in the Czech Republic. Rendering in historical contects is important for easier understanding of the influences they had and have an impact on today's legal status of a judge. From a historical point of view this helps to avoid potential mistakes from the past in the future. The judiciary of the present is specified in the following chapters, which regulate the rules of the judiciary, the conditions for the establishment and exercise of the judge. The position of...

Text se zabývá situací, kdy soudce působí jako konzultant (poradce) státního zastupitelství. Dochází k závěru, že jde o porušení ústavní dělby moci a neslučitelné pozice. The text deals with the case where the judge acted as a consultant of public prosecutor. It considers this as an unconstitutional disturbance of the separation of judiciary from the executive power of the public prosecutor's office.

Administrative Justice in the CSR in the Years 1918 - 1938 within European context. For my thesis I chose as a topic 'Administrative Justice in the CSR in the Years 1918 - 1938 within European Context', as administrative justice including the protection against illegal interventions of executive power is topical for any democratic state at any time. The purpose of administrative justice is reviewing administrative acts of public administration namely by independent courts. I decided to target my thesis on the period of so-called first republic thus on the period from 28 October 1918 i.e. from establishing the independent Czechoslovak state to 30 September 1938, i.e. the signing of the Munich agreement. After establishing the independent Czechoslovak state The Act on the Supreme Administrative Court and on Solving Competence Litigations was one of the first acts passed by the National Czechoslovak Committee. This year i.e. in 2018 it has been 100 years since constituting administrative justice in the Czechoslovak Republic. However, when the Czechoslovak Republic came into being administrative justice was not formed from scratch, but by the above mentioned Act on Administrative Justice and Solving Competence Litigations Austrian administrative justice was adopted. During the first republic, however,...

The main focus of this doctoral thesis is arbitration; the phenomenon of not only an out- of-court dispute resolution but also international commercial relations. Arbitration is a modern legal institute that is regarded as an equivalent alternative to court proceedings. Independence and impartiality of the arbitrator are very important and at the same time very problematic aspects of arbitration. These two principals accompany the arbitration since the beginning of the modern era of this institution and they are still perceived as essential criteria of the arbitration. Independent and impartial decision-makers are an integral part of the right to a fair trial enshrined in Art. 36 subsection 1 of the Charter of Fundamental Rights and Freedoms and Art. 6 subsection 1 of the European Convention on Human Rights. Although such legislation refers to the court in terms of a state court, in the course of this thesis was demonstrated that these attributes are also applicable to arbitrators, even though they must be interpreted in arbitration proceedings with respect to the characteristics of arbitration. Due to the fact that resolving disputes in this way is the most common approach in international trade, the main focus of this thesis is to depict the issues of independence and impartiality in relation of...

The dissertation thesis To Be a Lawyer - Theory and Practice of Professional Ethics of Chosen Legal Professions in the Czech Republic aims to strengthen (currently rather weak) discussion about professional ethics in the Czech Republic. The first part introduces elemental terminology of the topic which enables easier understanding of second and third part. The second part is devoted to the presentation of results of researches regarding the analysis of judgements issued by Czech disciplinary authorities on judges', state attorneys' and lawyers' discipline. The last part demonstrates how professional ethics scrutiny operates in a real-life situation. A judicial usage of social media serves as an example of such situation (or more precisely of such scrutiny). Arguments for and against the judicial usage of social media are articulated and based in a weighting of the arguments final decision is taken.

Ethical rules of conduct of judges in the Czech Republic This master thesis deals with ethical rules of conduct of judges in the Czech Republic. I chose the topic because in this area there is lack of scientific literature given to the topic of professional ethics in general and even less literature directly addressing the professional ethics of judges. The main objective of this thesis is to provide the most comprehensive picture of the professional ethics of judges in the Czech Republic and the resources on which it puts. The topic is brought to the reader within five chapters. The first chapter introduces the reader to the topic of ethics and its relation with morality and law and brings the view from the perspective of philosophy and legal theory. The second chapter deals with professional ethics and professional ethical codes, presents to the reader what the professional ethical code should be like. The content of the third chapter is in the first place to introduce the reader to the character and personality of the judge, his status in the legal system and, above all, the analysis of the professional ethics of judges. This chapter is the core of the work and in the analysis of various aspects of professional ethics draws on information acquired in the previous chapters. The main basis for this chapter...

The aim of my bachelor thesis is to describe the legal regulation of the profession of judge in Czech Republic and in Spain and to compare them and find their similarities and differences. The secondary aim is to analyze the applied Spanish legal terminology. The thesis is divided into six major chapters which are further divided into sub-chapters. The first chapter introduces the most important legal regulation of judicial system in both countries. The second chapter presents the system of courts in Czech Republic and Spain whiles the third chapter compares both legal regulation and the court system. I would then provide a detailed description of the profession of judge in both countries. The penultimate chapter serves to compare the profession of judge in Czech Republic and Spain based on the information from the previous chapters. The last chapter presents an analysis of the relevant Spanish legal terminologies and I would include a Spanish-Czech glossary. In my conclusion, I would summarize the results of my thesis in the Spanish Language. Key words: judge; court; court system; profession of judge in Spain

Mutual comparison of the appointment of judges in Czech Republic and on the basis of the merit system The diploma thesis deals with a comparison of the appointment of judges in the Czech Republic and an appointment of judges based on merit system. The aim is to describe in detail both systems and determine whether the application of the principles of a model example of the appointment of judges based on merit systemis possible to apply in the Czech Republic. In the first chapter I set the basic assumptions of a judge that any judge should meet. Using these assumptions I also compare both systems the appointment of judges. The ideal system for appointing judges, in my opinion, should be set so that on its basis were appointed judges who are independent and impartial, accountable, trustworthy, intelligent and have the necessary experience and moral assumptions. The second chapter is devoted to the current system of appointment of judges in the Czech Republic, where I describe the current legislation and appointment of judges that deal with the process that precedes the appointment of judges by the President. At the end of the second chapter I summarize how the current system for selecting judges take into account the criteria mentioned in the first chapter. In the third chapter I present system of...

The main goal of this master's degree thesis is to provide information about position of a judge during evidence proceeding in contentious procedure with special focus on production of evidence. In the text I often use particular decisions of the Constitutional Court of the Czech Republic and the Supreme Court of the Czech Republic to demonstrate how theoretical legal institutes are applied in practice. I have decided to choose this topic because I am very interested in judge's profession and its practical aspects especially within evidence proceeding. More reasons for my research are stated in the very first introductory part of my theses. The whole theses is composed of three parts and each of them dealing with different sides of evidence proceeding or position of a judge within the meaning of his rights, duties, activity and also responsibility. Part One generally characterizes evidence proceeding and it makes the foundation for following part that is focused on partial phase of evidence proceeding (i.e. production of evidence). This part is divided into four chapters. The first chapter describes contentious and non-contentious procedure and also gives an explanation of main distinctions between these concepts. The second chapter concerns with basic principles of justice and civil procedure. The...

The aim of my bachelor thesis is to describe the legal regulation of the professions of judge and public prosecutor in Czech Republic and in France and to compare them and find their common features and differences. The secondary aim is to analyze the applied French legal terminology. The thesis is divided into six major chapters which are further divided into sub-chapters. The first chapter inroduces the most important legal professions in the Czech Republic and in France and the second chapter presents the laws which regulate the positions of judges and public prosecutors in the two countries. The third chapter focuses on a detailed description of the legal regulation of the profession of judge in the Czech Republic and in France. The fourth chapter is dedicated to the description of the legal regulation of the profession of public prosecutor in both countries. The fifth chapter deals with a comparison between the two professions in both countries based on the information from the previous chapters. In the last chapter an analysis of the relevant French legal terminology is made and a French-Czech glossary compiled. The thesis is concluded with a summary in French language.

Modern society is based on respect for the individual and at the same time it has created the institute of justice under which parties, in the interest of maintaining social cohesion, should resolve their disputes using the system of applying rights. The task of the judiciary is therefore to be an impartial arbiter, which is an absolute criterion for the acceptance of authoritativeness of this body, or more precisely the functionality and signification of this institute within the social contract. Only an unbiased judge can be the only guarantee for the nemo iudex in causa sua principles to be observed. The European Convention imposes on the states - members of the Council of Europe such legal conditions which guarantee every country the right for their affairs to be discussed fairly, in public and in a reasonable time limit by an independent and impartial court established by law which will decide about their civil rights and obligations or of any criminal charges raised against them. The Constitutional Order of the Czech Republic guarantees everybody the right to a fair trial conducted in accordance with the law before an impartial judge. Constitutional guarantees of fair legal proceedings before an impartial judge are supplemented with legal rules of the sub constitutional law. Yet, it is the...

The purpose of this Master degree thesis is to introduce reader the professional ethics issues of judges in the Czech Republic. The thesis is composed of four chapters. The inner system of thesis was designed in a way that guarantees that level of abstraction falls as the thesis progress continues. In chapter one, there are explained the most abstract terms connected with professional ethics in general as a morality, ethics and law. There is also recognizable attempt to find relationship between mentioned terms. Second chapter, as a whole, is devoted to idea of profession and professional ethics. Text is focused on possible modification of relationship between ethics and professional ethics and it also refers about differences between profession and occupation. Last but not least there are as examples of professional ethics mentioned two "non-judges" professional ethics. In chapter three is described a fact the most regulation of judges conduct in Czech Republic is set down in positive law mainly. In addition of that, in chapter three there is mentioned attempt of judges self regulation in issues of professional ethics, which was realized by independent Czech judge's organization Judges Union of Czech Republic. Scope of the last chapter is used for utilization of knowledge contained in antecedent chapters....

The bachelor thesis discusses judiciary of Spain and the Czech Republic and creates the comparative analysis of the both judiciary systems. The comparative analysis is one of the fundamental aims of the thesis. It gives more details about the judiciary of Spain. Preliminary the thesis presents the history of judiciary and important landmarks concerning laws. Then it describes contemporary laws, especially the constitutional and organic laws. Next part is focused on fundamental principles. It creates a very important part of the thesis because it completes the structure and function of spanish and czech judiciary. Heart of the thesis is the description of the spanish and czech judicial structures and their comparison. Last part is dedicated to the topic of judges and members of jury. A summary in Spanish and a billingual glossary are included.

Supposed work on the theme Judicary, Advocacy and Notary in Strakonice 1850-1938 deal with development of legal rules and state administration since the days of birth of district courts` system until period of end of the first republic. Forementioned time period was selected intentionally on the basis of extant archive materials, which were necessary for elaboration of the subject. Concretely the work applies itself to description of workload of juridical profession, personal life of their representatives operating in Strakonice and eventually to their function in community. Law and order deputies played a important role not only in political but also in cultural and public life. Very often they acted in municipal government, in some cultural club and of course they performed their professions at the same time. So called provincial practice run at small town did not offer big or revolutionary cases, still it was interesting. Spectrum of adjudications and legal and notarial agenda provide insight to people{\crq}s manners and behaviour in a given period. Purpose of the work is to bring closer juridical history of the region I come from.