Courses - Winter Semester

Courses - Winter Semester

WINTER TERM

I. General courses

II. Courses of Specialization 

I. General courses

CZECH CONSTITUTIONAL LAW

JAN KUDRNA / HELENA HOFMANNOVÁ / MILUŠE KINDLOVÁ /MAREK ANTOŠ

Lectures:

1) Introductory Information; Roots of the Contemporary Constitutional System of the Czech Republic (Kudrna)
2) Law-making and the Sources of Law in the Czech Republic; International Law and European Law (Hofmannová)
3) The President of the Republic (Kindlová)
4) The Government in the Parliamentary System of the Czech Republic (Kindlová)
5) Elections in the Context of Constitutional Law of the Czech Republic (Antoš)
6) Institutional Protection of Human Rights – the Judiciary, the Constitutional Court and the Public Defender of Rights (Kindlová)
7) The Charter and Its Character; the Principle of Equality (Hofmannová)
8) Political Rights in the Czech Republic (Hofmannová)
9) Principles of the Welfare State and Social Rights in the Charter, related decisions of the Constitutional Court of Czech Republic (Hofmannová)
10) Transformation of the Constitutional System; Selected Topical Problems – Sample Study: Lustration (Kudrna)
11) Examination

Course Materials:

  • The Introduction to Czech Constitutional Law (a course-book)
  • The Constitution of the Czech Republic
  • The Charter of Fundamental Rights and Freedoms
  • Kieran Williams: A Scorecard for Czech Lustration (in Central Europe Review, Vol. 1, No. 19, available at
  • http://www.ce-review.org/99/19/williams19.html)

 

PRIVATE LAW

ALENA MACKOVÁ / ONDŘEJ FRINTA / DAVID ELISCHER / MARTIN ŠTEFKO / PETRA ŽIKOVSKÁ 

Course Description:

The aim of the course is to introduce the essentials of Czech private. Private Law, after 1989, has become again the very basis of the Czech legal order. The first part of the course is aimed at the understanding of the private law system, and its fundamental notionss and principles thereof. Then, the course will focus in more details on the essentials of property and other rights to things, essentials of contracts as well as essentials of torts. The end of this part of the course is aimed at labour law and intellectual property law. At the end of the course the attention will be paid to the judicial protection of the rights in the Czech Republic. This is aimed at the elements of the judiciary system, the civil litigation and the system of legal remedies. 

Outline of the Course

1. Introduction to the Private Law and Fundamental Institutions of the Private Law 
History of civil law • Basic principles of private law • System of private law  Subjects of rights and duties • Property rights • Law of obligations etc.
2. Property Law
System of rights to things • Ownership • Lien (pledge, mortgage), easements, rights of retention 
3. Contracts
Fundamental principles • Formation of contracts • Types of contracts
4. Torts
General and special liability for damage • Compensation of damage • Unjust enrichment
5. Law of Succession
Concept and function • Testamentary succession • Intestate (statutory) succession
6. Family Law
Features of the Family Law • Comparative insight into several institutes • Present codification and the future of the Family Law
7. Labour Law
Fundamental legislative changes • Provision of Employment • Collective Labour Law • Labour Disputes
8. Protection of Intellectual Property
Copyright Law • Industrial Property Rights • Trade Mark Law
9. Judiciary System
Overview of the History • Elements of the Judiciary system • Role of the Supreme Court
10. Courts, Judges and Legal Aid System
Independence of the judge • Position and the liability of the judge • The Bar (Attorney, European Attorneys)
11. Civil Litigation 
Basic principles of civil litigation • Role of the court and parties • Rules of evidence, judgement, costs, review 

Reading List

  • Private Law – Excerpts from the textbook of Civil Law, Codex, 1995, Vol. 1
  • MACKOVÁ, WINTEROVÁ – Civil Procedure in Czech Republic, International Encyclopaedia of Laws, Kluwer, 2007
  • BĚLINA, M.: Labour Law and Industrial relations in the Czech Republic, (in: Labour Law and Industrial Relations in Central and Eastern Europe, Kluwer Law International, The Hague 1996) 
  • International copyright law and practice, yearbook, Mathew Bender

Text of laws:

  • Civil Procedure Code, Trade Links, Prague, 1999
  • The Civil Code, Trade Links, 1998'
  • The Act on Arbitral Proceedings and Enforcement of Arbitral Awardes

 

ADMINISTRATIVE LAW I, II 

RICHARD POMAHAČ / JAKUB HANDRLICA / ZDENĚK KÜHN / LENKA PÍTROVÁ 

Course Description

Administrative law is a body of law the rules of which are characterized by derogation from common/private law in accordance with the demands of public interest. The course is concerned with the sources and principles of administrative law and regulatory policy. It focuses on two key problems - the judicial review of administrative action and the structure and function of the European Administrative Space.


Outline of the Course

Administrative Law I (Administrative Law in Comparative and European Perspective) 

1. National and Transnational Public Administration. Good Governance
2. Substantive Principles of Administrative Law • Legality and Restricted Discretion • Equality • Transparency • Proportionality • Legitimate Expectations • Public Liability
3. Procedural Principles of Administrative Law • Right to Hearing • Equality of Arms • Due Care • Fair Proceedings
4. Administrative Justice and Judicial Review
5. Europeanization of Administrative Law and the European Administrative Space
6. Comparative Administrative Law

Reading List:

1. POMAHAČ, R.: Czech Administrative Law, Charles University, Prague 2009
2. Administrative transformation in Central and Eastern Europe (ed. J. J. HESSE), Blackwell, Oxford 1993
3. Principles of Good Administration http://www.statskontoret.se/upload/Publikationer/2005/200504.pdf
4. The Independence and Efficiency of Administrative Justice http://www.aeaj.org/spip.php?article77  

Administrative Law II (Administrative Law and Public Administration Reform in the Czech Republic in the context of its EU membership)

7. Organization of the Public Administration in the Czech Republic I • Government • Ministries • Czech National Bank • Supreme Audit Office• Independent Regulatory Authorities (problems and challenges) 
8. Organization of the Public Administration in the Czech Republic II • Cooperation of the Czech administrative authorities with the EU agencies • Cooperation of the Czech administrative authorities with authorities of the other Member States
9. Delegation of powers on the persons of the private law • Challenges and risks • New trends in public administration (receptions of the UK models in the Czech law) • Examples (construction procedures) • Problem of control of the decision making by the persons of private law
10. Decision making in the process of change I • Administrative Act • Certificate issued by authorised inspectors • Public contracts • Administrative acts issued in the other EU Member States • Case studies 
11. Decision making in the process of change II • Measures of general nature • Planning law and special development • Case studies
12. Judicial Control – Code of Administrative Justice

Reading List:

  • POMAHAČ, R.: Czech Administrative Law, Charles University, Prague 2009.
  • COMTE, F.: 2008 Commission Communication “European Agencies - the Way Forward”: What is the follow-up since then?, Review of European Administrative Law, Vol. 3 (2010), pp. 65-110 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0135:FIN:EN:PDF
  • MEUWESE, A., SCHUURMANS, Y., VOERMANS, W.: Towards a European Administrative Procedure Act, Review of European Administrative Law, Vol. 2 (2009), pp. 3 – 35. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1494274 
  • Designing independent and accountable regulatory authorities for high quality regulation http://www.oecd.org/dataoecd/15/28/35028836.pdf
  • Code of Administrative Procedure (in: Nový správní řád, zákon č. 500/2004 Sb. Act of 24th June 2004 Code of Administrative Procedure. Praha:ASPI, a.s., 2005) http://aplikace.mvcr.cz/archiv2008/spravnirad/500_2004_eng.pdf
  • Code of Administrative Justice (in: Nová úprava správního soudnictví, ASPI Publishing, 2003 http://www.nssoud.cz/docs/cap2004.pdf

FINANCIAL LAW

PETR KOTÁB / RADIM BOHÁČ / MICHAEL KOHAJDA 

Course Description

The purpose of the course is to provide rather brief and general and yet professionally oriented introduction to Czech Financial Law with occasional overlaps to the Financial Science. Special emphasis is given to those areas of Financial Law that are connected to the stay, activities, business and investments of foreigners in the Czech Republic.

Outline of the Course

General Introduction
Finance and money. Financial activity. Financial Law in the system of Czech Law. Financial organs. Ministry of Finance. Czech National Bank. Fiscal (tax) authorities. Customs authorities. 

Monetary Law
Tangible and intangible money. Issuance of money. Issuing authority. Legal tender. Forced circulation of money and connected rules. Payment intercourse. Payment systems. Czech crown and the euro. 

Foreign Exchange Control and Anti-Money Laundering Regulations
Foreign exchange regulations. Convertibility. Residents and non-residents. Foreign exchange values. Obligations and restrictions. Acquisition of real estate. Anti-money laundering legislation. Suspicious transactions. Reporting obligation. Identification of participants. Suspension of transaction. 

Czech Tax System
System of taxes and other budgetary revenues. Classification of taxes. Direct and indirect taxes. Basic elements of tax construction. Subject, object, tax base, tax rate and maturity. 

Income Taxes
Individual Income Tax. Corporate Income Tax. Taxpayers and payors. Computation of tax base. Partial tax bases. Tax residents and non-residents. Tax-deductible expenses and other tax-deductible items. Tax rates. Tax credits. Administration of Income Taxes. 

Value Added Tax
Universal indirect taxes. VAT concept. Taxable persons and VAT payor registration. Taxable supply. Principles of VAT. Output and input VAT. Tax point. Tax rates. Administration of VAT. VAT exemptions. 

Other Taxes
Property taxes. Real estate tax. Road tax. Transfer taxes. Inheritance Tax. Gift Tax. Real- Estate Transfer Tax. Excise taxes. Energy taxes. Customs. 

Banking Law
Central banking, commercial banking and investment banking. Types of banks and credit institutions. Criteria of bank authorization. Rules of prudent banking business. Capital adequacy. Credit and other asset engagement. Deposit insurance. Bank secrecy. 

Financial Market
Definition of financial market. Division of financial market. Capital and money market. Investment services. Investment instruments. Classification of participants of capital market. Collective investment. 

Reading List

  • Presentation outlines for individual lectures – will be distributed electronically at the end of the course

Recommended:

  • RADVAN, Michal: Czech Tax Law, 3rd edition, MUNI Press – Masaryk University, Brno, 2010
  • KOTÁB, Petr, VOŽEHOVÁ, Lucie, ŠAFKA, Jiří: Czech Republic, In: Financial Services Regulation in Europe (General Editor: Etay Katz), Second Edition, Oxford University Press, Oxford 2008, pp. 151-167
  • KOTÁB, Petr: Czech Republic, In: The International Comparative Legal Guide to: Corporate Tax 2011, Global Legal Group Ltd., London 2010, pp. 56-61 Also available for free download on the Internet at: http://www.iclg.co.uk/khadmin/Publications/pdf/3999.pdf

 

NATURAL RESOURCES LAW

MILAN DAMOHORSKÝ / MICHAL SOBOTKA / KAROLINA ŹÁKOVSKÁ 

Course Description

The aim of the course is to introduce and discuss basic approaches to natural resources management and protection under Czech law. Historical and political context is introduced with a specific consideration for transition from the state controlled economy. Attention is paid to the ownership rights over natural resources and statutory limits of their execution. Different public and private approaches to natural resources management are explained with respect to key conflicts between their economic utilisation and environmental protection. This course is related to the Czech and European Environmental Law and Policy course.

Outline of the Course

General introduction and overview
Legal regulation of mining
Energetic law
Atomic law
Renewable and alternative sources of energy
Water management law
Land use
Biological diversity protection and exploitation
Forest management law
Fishing and hunting
Marine resources
 

Reading List

  • Report on the Environment of the Czech Republic 2009 (Ministry of the Environment)
  • State Environmental Policy (2002-2010) (Ministry of the Environment)
  • State Energy Policy (Ministry of Industry and Trade, 2004)
  • The Raw Material Policy of the Czech Republic in the Field of Mineral Materials and Their Resources (Ministry of Industry and Trade and Ministry of the Environment, 1999)
  • National Renewable Energy Action Plan of the Czech Republic (Ministry of Industry and Trade, 2010)
  • Conception of Water Management Policy of the Czech Republic for the Period after EU Accession (2004-2010) (Ministry of Agriculture)
  • Report on Forestry in the Czech Republic (Ministry of Agriculture, 2009)
  • Game Management in the Czech Republic (Ministry of Agriculture, 2004)
  • Convention on Biological Diversity (Rio de Janeiro, 1992)
  • United Nations Convention on the Law of the Sea (Montego Bay, 1982)

 

    II. Courses of Specialization

     

    INTRODUCTION TO PUBLIC INTERNATIONAL LAW IN THE CZECH LEGAL CONTEXT

    PAVEL ŠTURMA / VERONIKA BÍLKOVÁ

    Course Description

    The course intends to provide the participants with basic knowledge concerning the theory of public international law. Particular attention will be given to the Czech position in the international community and to the interaction between the Czech legal system and international law.

    Outline of the Course

    Introduction to the Course • Basic concepts • Public International Law and its peculiarities in comparison with national legal orders

    Relationship between international and internal law • Theory and practice • Comparative approach • International dimension of the Constitution of the Czech Republic • Article 10 and further developments

    Subjects of international law • State and its jurisdiction • International organizations at the universal and regional levels • Examples: United Nations and Council of Europe

    International status of individuals • Natural and juridical persons • Nationals and other categories of persons • Rights and obligations of individuals under international law

    The Czech constitutional Charter of Fundamental Rights and Freedoms • International protection of human rights • Categories of rights • Fundamental United Nations international instruments

    International protection of human rights (cont.) • Implementation mechanisms at the UN level • Case law

    European protection of human rights • Activities and instruments of the Council of Europe • European Convention on Human Rights, European Social
    Charter, etc.

    European protection of human rights (cont.) • ECHR norms and standards • European Court of Human Rights and its interpretation of the protected rights •
    Case law

    International criminal justice • History and new developments of the prosecution of war crimes and crimes under international law • International Criminal Tribunal for the former Yugoslavia • International Criminal Court

    Time reserve for a possible extension of any subject • Case studies • Tutorial

    Reading List

    • M. GEISTLINGER & E. KONJECIC (eds.): Public International Law at Central European Universities. Casebook, Karolinum, Praha, 2000
    • P. ŠTURMA (ed.): Implementation of Human Rights and International Control Mechanism, PF UK, Praha, 1999
    • P. ŠTURMA: The European Convention on Human Rights and the Role of National Constitutional Courts, in: Verfassung, Rechtsstaat und Demokratie im europäischen Umfeld. Seminar, PF UK, Praha, 1999
    • P. ŠTURMA: Poverty and International Instruments on Economic and Social Rights, in: Hofmann et al., Armut und Verfassung. Sozialstaatlichkeit im europäischen Vergleich, Verlag Österreich, Wien, 1998

     

      CZECH LEGAL HISTORY

      JAN KUKLÍK / PETR BĚLOVSKÝ / ZÁBOJ HORÁK

      Course Description

      In order to understand the recent legal development in Czech Republic it is an indispensable requirement to know the past. The Czechs are often deeply rooted in their history and the knowledge of the basics of Czech historical background appears therefore useful.

      Outline of the Course

      1.– 2. An outline of the Legal history of the Czech lands until the age of enlightened absolutism

      3.– 4. Austrian Civil Law (foundations of civil law tradition, ABGB)

      5.– 6. Criminal Law in the 19th century and Austrian constitutional development

      7.– 8. Czechoslovak legal development 1918–1939: the first Czechoslovak Republic The Constitutional Act 1920 • Legal dualism • Legal development 1938/1945

      9.–10. Czechoslovak legal development 1945–1948 and 1948–1989 in outline Constitutional developments • Characteristic of communist regime and its periods • Main branches of law

      11. Typology of State Law on Churches in states of Europe and Northern America.

      12. State Law on Churches in Czechoslovakia and in the Czech Republic.

      Reading List

      • V. MAMATEY & R. LUA: A history of the Czechoslovak Republic 1918–1948, Princeton, 1973
      • Z. A. B. ZEMAN: Pursued by a Bear: the Making of Eastern Europe, London, 1989
      • J. POLIŠENSKÝ: History of Czechoslovakia in Outline, Praha, 1991
      • J. KUKLÍK: The Recognition of Czechoslovak Government in Exile and its International Status
      • 1939/1941, in: Prague Papers on History of International Relations, vol. 1, 1997
      • E. TABORSKY: Czechoslovak democracy at work, Londýn, 1945
      • G. ROBBERS (ed.): State and Church in the European Union, 2nd Edition, Baden-Baden, 2005

       

      AN INTRODUCTION TO THE CENTRAL EUROPEAN JUDICIAL CULTURE

      ZDENĚK KÜHN / MAHULENA HOFMANN

      Course Description

      This course focuses on the judicial culture of Central Europe, particularly on Poland, Hungary and the countries of former Czechoslovakia. We would briefly explain the origins of Central European judicial culture. After this historical introduction, we would deal with the communist judicial culture as developed in the four decades of Eastern European communism and with its impact on the transforming Central European legal cultures. We would compare various features of judicial culture and its ideology in Central Europe with Western European judicial culture and try to assess what new these countries can bring to the emerging new European legal culture. In the framework of this course, the constitutional systems of the new EU-candidate countries, Bulgaria, Romania, Croatia and Turkey, will be analyzed.

      Topics
      1. The Concept of Europe • The Historical Emergence of Eastern Europe • Does Something like Central Europe Exist? • Gaze in the Course of the Centuries • The Emergence of Central European Legal Tradition

      2. Marxism and Law • Positivism or Anti-Positivism? • The Role of Judges and Law in Marxist Theory

      3. The Practice in the 1950’s: The Stalinist Judicial Culture: General Features, its Central European Variations • The Emergence and the Decline of Communist Anti-Positivism • The Practice in the 1970’s and 1980’s: Communist Post-Stalinist Judicial Culture in Central Europe • Making a Post-Stalinist Ultra-Positivism

      4. The Basic Problems of Post-Communist Legal Culture • The Transformation of Post-Communist Judiciary

      5. Facing a New European Legal and Judicial Culture: Are Central European Judges Different?

      6. The EU and its Judiciary in the Next Decade: How European Post-Communist Newcomers Might Respond to the Challenges Relating to the EU Enlargement?

      7–10. Constitutional Systems of the New EU-Candidate Countries: Bulgaria, Romania, Croatia and Turkey 

      Readings is based on the coursepack, including:

      • Topics 1–6: Mirjan DAMAŠKA: The Faces of Justice and State Authority. A Comparative Approach to the Legal Process. New Haven, London, Yale University Press, 1986.
      • Agata FIJALKOWSKI: The Judiciary’s Struggle towards the Rule of Law in Poland, in:
      • The Rule of Law in Central Europe (Jiří Přibáň, James Young eds.), Dartmouth: Ashgate, 1999
      • John HAZARD: Communists and Their Law. A Search for the Common Core of
      • the Legal Systems of the Marxian Socialist States. The University of Chicago Press, Chicago, London, 1969
      • Martijn W. HESSELINK: The New European Legal Culture, Kluwer-Deventer, 2001
      • Zdeněk KÜHN: Worlds Apart. American Journal of Comparative Law, 2004
      • LENIN V. I.: State and Revolution. http://www.marxists.org (excerpts)
      • Wojciech SADURSKI: Marxism and legal positivism, in: Essays In Legal Theory (Galligan D. J., ed.), Melbourne University Press, Victoria, 1984
      • Larry WOLFF: Inventing Eastern Europe, Stanford, 1994 Topics 7–10: Stanimir ALEXANDROV: Paving the way for Bulgaria’s accession to the European Union. – Fordham international law journal, 21 (1998) 3, pp. 587–601
      • Davor BOŽINOVIČ: Croatia and the European Union, in: Review of international affairs, 54 (2003) 1111, pp. 25–31
      • Dinesh D. BANANI: Reforming history: Turkey’s legal regime and its potential accession to the European Union, in: Boston College international and comparative law review, 26 (2003) 1, pp. 113–127 The selected case law and statutes

      EMERGING LEGAL DISCIPLINES: MEDICAL LAW, SPORTS LAW, IT LAW


      JAN KUKLÍK / PETR ŠUSTEK / PETRA ŽIKOVSKÁ AND OTHERS

      Course description

      Despite the increasing globalization and interdependence of national legal orders it is possible to observe certain internal tendencies for particularisation of law. The complexity of law and professional challenges bring needs for deeper specialization of modern lawyers beyond traditional branches of law. As a consequence new legal disciplines emerge and gain growing importance both in the legal theory and practice.

      This course aims at introducing (some of) these new legal disciplines that arose often on the thin line between the Private and Public Law. The purpose of this course is to present the basic principles and most remarkable issues connected to these areas of law to the students and make them acquainted with approaches common to these legal (sub-)disciplines.

      The Medical Law has received a lot of attention over the last decades as it is preoccupied with values central to human life and involves often great ethical implications. The Sports Law regulates not only a leisure activity but in the present world it is connected also to business activities as well as disciplinary or even Criminal Law issues (e.g. doping, liability for damages). Last but not least the IT Law also represents a discipline with great actual importance as it contains aspects of regulation of business activities, intellectual property rights or criminal liability on part of offenders in the cyberspace.

      Outline of the course

      1. Civil Liability for Medical Malpractice (dr. Holčapek)

      2. Wrongul life, wrongful birth (dr. Šustek, dr. Peterková)

      3. Euthanasia (dr. Šustek, dr. Peterková)

      4. Pharmaceutical Law (dr. Sovová)

      5. Sports Law – General Notion, Perspectives and Development (prof. Kuklík)

      6. Doping in Sport and Civil Liability (dr. Sup, Mgr. Haindlová)

      7. Jurisdiction over Sport Related Disputes (Mgr. Kohout)

      8. IT Law – Technologies vs. Law (dr. Žikovská)

      9. File Sharing and Protection of Intellectual Property Rights on the Internet (dr. Žikovská)

      10. Crossroads of IT Law and Criminal Law (dr. Krupička)

      Reading list

      • BRAZIER, M., CAVE, E.: Medicine, patients and the law, 4th ed., London: Penguin Books, 2007.
      • MASON, J. K.: Mason & McCall Smith´s law and medical ethics, 7th ed., Oxford: Oxford University Press, New York, 2006.
      • BLACKSHAW, I. S.: Sport, mediation and arbitration, Hague: T.M.C. Asser Press, 2009.
      • GARDINER S.: Sports law, 4th ed., London: Routledge, 2012.

      INTELLECTUAL PROPERTY LAW

      PETRA ŽIKOVSKÁ / TOMÁŠ DOBŘICHOVSKÝ

      Course description

      This course covers the whole area of the intellectual property law and so called IT law. Lectures will also aim at copyrights, patents, trademarks, trade secrets and designs. The course addresses the policies underlying the protection of intellectual property and IT and compares the different ways organizations and individuals can use intellectual property to protect their interests. Technological developments and innovations affecting copyright are also addressed, including issues related to computer software, internet and cyberspace. Special attention shall be paid on the international case law at the respective field.

      List of lectures

      1. The subject and system of IP Law 
      2. Copyright Law – License agreements and limitations and exceptions 
      3. Copyright Law – Neighboring rights, other related rights and collective management
      4. Copyright protection in Cyberspace 
      5. IT Law (protection of software, databases, know-how and other IP rights related to IT)
      6. Industrial property – Trademarks 
      7. Industrial property – Patents, Utility models, Industrial designs, Geographical indications, Commercial names 
      8. International Copyright Law, EU Copyright Law

       

      THE FIRST AMENDMENT TO THE U.S. CONSTITUTION: CASE ANALYSIS AND ARGUMENTATION

      HARALD CHRISTIAN SCHEU

      Course description

      This course will focus on the First Amendment to the U.S. Constitution, which holds a very important and controversial place in American law. The First Amendment prohibits the government from making laws impeding the free exercise of religion, infringing on the freedom of speech and infringing on the freedom of the press. In this course, we will examine specific First Amendment cases heard before the U.S. Supreme Court, including the legal argumentation used and decisions reached by the judges.

      The objectives of this course are: 1) to broaden the students’ understanding of American constitutional interpretation, thereby providing a context for comparison; 2) to provide the students with a framework for evaluating the applicability and merits of First Amendment legal arguments in possible future cases; and 3) to aid the students in acquiring and exercising sophisticated legal English vocabulary and grammar. This course will maintain a strong emphasis on class discussion and students will be encouraged to critically analyse various legal arguments regarding topics like free expression online, religious displays in school, reporters’ information sources, and hate speech.

      Selected Bibliography:

      • Gant, Scott (2007). We're All Journalists Now: The Transformation of the Press and Reshaping of the Law in the Internet Age. New York: Free Press.
      • Irons, Peter (Editor, 1997). May it Please the Court: The First Amendment. New York: The New Press.
      • Marlin, Randal (2002). Propaganda and the Ethics of Persuasion. Ontario: Broadview Press.
      • Mutua, Makau (2004). Facilitating Freedom of Religion or Belief, A Deskbook. Oslo Coalition on Freedom of Religion or Belief.

       

      JURISPRUDENCE

      PETR AGHA

      Course Aims
      The aim of the course is to enhance students' understanding of law by placing it in its theoretical, philosophical and sociological contexts.

      Intended Learning Outcomes of Course
      On completion of the course, students will demonstrate an ability to state, analyse and evaluate the following:

      · basic relations between law, justice and rights
      · theories of natural law and human rights
      · theories of legal system and legal order 
      · basic approaches in the sociology of law

      In addition, students will demonstrate an ability to

      · think and argue about legal concepts, topics and issues
      · demonstrate skills of selecting relevant ideas, balancing and evaluating them
      · present concepts and arguments both orally and in written form coherently and effectively


      Sylabus

      Introduction: Anarchy or Obligation?
      Raz, The Authority of Law (Oxford 1979), Ch 12.

      Law as a Social Fact
      Hart, The Concept of Law , chapters 5 - 6.

      Law & Morality
      Dworkin, Taking Rights Seriously (London 1977), ch. 2 (‘Model of Rules I’).
      Raz, Authority, Law, and Morality, Chapter 10 in Ethics in the Public Domain.

      Law and Rights
      Joseph Raz, The Morality of Freedom, Ch: 7 The Nature of Rights.

      Liberty and Justice
      John Gray, Hayek on Liberty, Chapter 3 “The Law of Liberty,” pp 56 - 78
      Rawls, A Theory of Justice (Cambridge, Mass. 1971), sections 2 - 4, 6 - 11

      Solidarity and the Limitations of Liberalism
      Kymlicka, Contemporary Political Philosophy, Chapter 6
      Michael J. Sandel, “The Procedural Republic and the Unencumbered Self”, Political Theory, 1984: 12, pp. 81- 96 .

      Liberalism and Its Discontents
      Bielefeldt, ‘Carl Schmitt’s Critique of Liberalism’ in Dyzenhaus (ed) pp. 23 - 36.

      Global Justice & Human Rights
      Tom Nagel, The Problem of Global Justice

       

      INTERNATIONAL PROTECTION OF HUMAN RIGHTS - Universal and Regional Standards

      HARALD CHRISTIAN SCHEU 

      Course description

      This course examines different aspects of international human rights protection. Special focus will be given to the protection of human rights as a fundamental component of the current international legal system. The course will introduce students to the development of both universal and regional human rights instruments and mechanisms of protection. Participants of the course will examine the international human rights system in the context of current changes in the structure and organization of international law.

      Students will explore the functioning of universal and regional human rights mechanisms. The course aims at providing insight into relevant instruments of protection, like e.g. individual complaints, state reports and fact-finding missions. Students will further study selected case-law developed by the European Court of Human Rights and other international bodies, with a special focus to the practice of the Czech Republic.

      Outline of the course

      A. The Universal Protection of Human Rights
      1. The Basic Structure of the International System for the Protection of Human
      Rights – Norms and Institutions
      2. International Standard Setting and United Nations Human Rights Treaties
      3. International Mechanisms of Control
      4. The role of the UN Human Rights Committee
      5. Case Study I – Individual Communication to the Human Rights Committee

      B. The Regional Protection of Human Rights
      1. Regional Systems for the Protection of Human Rights
      2. Universalism and Regionalism in International Human Rights Law
      3. Regional Human Rights Organizations in Europe
      4. The role of the European Court of Human Rights
      5. Case Study II – Complaint to the European Court of Human Rights

      Reading List
      Mandatory Reading 

      • Walter Kälin, Jörg Künzli: The law of international human rights protection, Oxford University Press, 2009.
      • Manfred Nowak, U.N. covenant on civil and political rights. CCPR commentary, Kehl: Engel, 2005.
      • B. G. Ramcharan: The protection roles of UN human rights special procedures, Leiden: Boston: Martinus Nijhoff Publishers, 2009.
      • Martin Scheinin, Caterina Krause (ed.): International protection of human rights. a textbook, Turku, Finland: Åbo Akademi University, Institute for Human Rights, 2009.

      Recommended Literature

      • Christian TOMUSCHAT: Human rights: between idealism and realism, Academy of European law, European University Institut, Oxford : Oxford University Press, 2003
      • Hellen Keller, Alec Stone Sweet (ed.): A Europe of rights. the impact of the ECHR on national legal system, Oxford University Press, 2008.
      • David ROBERTSON: A dictionary of human rights, London, 2004.
      • Walter KÄLIN, Lars MÜLLER, Judith WYTTENBACH: The face of human rights, Müller Publishers, Baden, 2004.
      • R. St. J. MACDONALD, F. MATSCHER, H. PETZOLD (eds.): The European System for the Protection of Human Rights, Martinus Nijhoff Publishers, 1993
      • Andrew CLAPHAM: Human rights obligations of non-state actors, Oxford University Press, 2006
      • Henry J. STEINER, Philip ALSTON (eds.): International Human Rights in Context, Clarendon Press, Oxford, 1996
      • Sandra FREDMAN (ed.): Discrimination and Human Rights. The Case of Racism, Academy of European Law, European University Institute, Oxford University Press, 2001
      • René PROVOST: International Human Rights and Humanitarian Law, Cambridge Studies in International and Comparative law, Cambridge University Press, 2002
      • Gudmundur ALFREDSSON & Asbjorn EIDE: The Universal Declaration of Human Rights: A Common Standard of Achievement, Martinus Nijhoff Publisher, Kluwer Law International, 1999

       

      ECONOMICS OF POWER, WEALTH AND POVERTY

      MIROSLAV ZAJÍČEK, LIBOR DUŠEK

       

      Annotation:

      The course provides a broad explanation of world economy inequalities, sources of prosperity and it also explains how legal and other norms shape the world we live in. It illuminates the relationship of legal and other social norms on one hand and political and economic institutions on the other. It provides many historical and contemporary examples of the impact that various political and economic institutions have in the course of economic development. The course can be understood as a parallel and also a reinterpretation of the course History of State and Law in Europe and the USA.


       

      Syllabus:

      Short content:

      1. So close and yet so different…
      2. Theories that Do Not Work
      3. Making of Prosperity and Poverty
      4. Small Differences and Critical Junctures
      5. Growth under Extractive Institutions
      6. Institutional Drift
      7. Barriers to Development
      8. 1688 – The Turning Point
      9. Reversing Development
      10. The Diffusion of Prosperity
      11. The Virtuous Cycle
      12. The Vicious Cycle
      13. Why Nations Fail Even Today?
      14. Breaking the Mould
      15. Understanding Power, Prosperity and Poverty

      Detailed content:

      1. So close and yet so different…
      • Nogales, Arizona vs. Nogales, Mexico; West Germany vs. East Germany; South Korea vs. PDRK – differences and their causes?
      • Forms of european colonization in America
      • Institutions – definitions, role, categories
      1. Theories that Do Not Work
      • Geography hypothesis, Climate hypothesis, Cultural hypothesis, Ignorance hypothesis, Resource endowment hypothesis or is it a poor luck?
      1. Making of Prosperity and Poverty
      • Extractive vs. inklusive political and economic institutions
      • Synergies and mutual relationships
      • Markets, competition, inclusivness, property rights
      1. Small Differences and Critical Junctures
      • Critical Junctures and coincidence
      • Black Death 1346-48 and western vs. eastern Evropa, Second Serfdom
      • 1688 a Industrial revolution
      • French revolution a 1848
      1. Growth under Extractive Institutions
      • Rome and its economic growth, Middle Ages in Europe, growth in the Soviet Russia
      • Reallocation of resources, limits of growth and technological backwardness
      1. Institutional Drift and Barriers to Development
      • Institutional innovation – Venice, Rome
      • Institutional reversals
      • Absolutism and political centralization
      • Printing press – Europe vs. China
      • Science – Europe vs. Turkey
      • Trade – Europe vs. Japan
      1. 1688 – The Turning Point
      • Monarchy vs. subjects, Magna Charta 1215, Parliament 1265, Peasants Revolt 1381, hundred Years War, War of Roses, Tudor centralization
      • Monopolies, Civil War, Stuart Restauration, The Glorious Revolution 1688
      • Consequences of 1688 – Bill of Rights, dissolutionof monopolies, professional public administration, industrial revolution
      1. Reversing Development
      • City states in South-Eastenr Asia and impact of Dutch colonialism
      • Slave trade and Africa
      • South Africa: Dual economy as a consequence of segregation and apartheid
      • China – closing to intself after Taiping rebelion
      1. The Diffusion of Prosperity: The Virtuous Cycle
      • Britain after the Glorious revolution: end of censorship, political proces participation, First Reform Act 1832, Second Reform Act 1867, Third Reform Act 1884, universal education: Evolution rather than revolution
      • Australia, USA, French revolution a Napoleonic Wars
      • Japan and Meiji restauration 1868
      • USA: demonopolization, state enterprises banckrupcies, creation of corporation, antimonopoly laws, Progressive era, Great Depression – FDR vs. the Supreme Court
      1. The Vicious Cycle: Why Nations Fail Even Today?
      • Sierra Leone, Guatemala, Ethiopia, Zimbabwe, Columbia, Argentina, Uzbekistan, Afganistan, Cambodia
      • Oil andf development
      1. Breaking the Mould
      • Botswana
      • US South
      • China after 1976
      1. Understanding Power, Prosperity and Poverty
      • Sources of inequality in the world
      • Institutions, Institutions, Institutions …
      • Policy recommendation: What to do?

      Reading list:

      Basic:

      - Daron Acemoglu, James Robinson: Why Nations Fail: The Origins of Power, Prosperity and Poverty, Crown Business, 2012  

      - Niall Ferguson:  Civilization. The West and the Rest, The Penguin Press, 2011

       

      Recommended:

      - Jared Diamond:  Guns, Germs and Steel in History: The Fates of Human Societies, W.W.Norton, 1997

      - Jared Diamond:  Collapse: How Societies Choose to Fail or Succeed, Viking Press, 2005

      - Mancur Olson: The Rise and Decline of Nations: Economic Growth, Stagflation and Social Rigidities, New Haven: Yale University Press, 1982

      - Mancur Olson: Logic of Collective Action: Public Goods and the Theory pf Groups, Cambridge, MA: Harvard University Press, 1965

      - Niall Ferguson: Empire:  How Britain Made the Modern World, London, Allen Lane, 2003

      - Jeffrey Sachs: The End of Poverty: Economic Possibilities for Our Time, Penguin Press, 2005

      - Abhijit V. Banerjee, Ester Duflo: A Radical Rethinking of the Way to Fight Global Poverty, PublicAffairs, 2011.

      - Douglas North, Robert Thomas: The Rise of the Western World: A New Economic History, 1973

      - Ronald Coase, Ning Wang: How China Became Capitalist, New York, Palgrave MacMillan, 2005

      - Voigt, Stefan: Institutional Economics: An Introduction, Cambridge University Press 2019.

      Examination:

      The course is concluded by the written examination that also constitutes 100 % of the course evaluation.

      The final exam is based on lectures and basic literature. The understanding and application of lectured material is tested. The focus is put on independent application of the concepts and theories to particular legal and economic problem or to explaining specific historical events.

       

      FINANCIAL MARKET REGULATION IN THE LIGHT OF FINANCIAL CRISES

      LENKA DUPÁKOVÁ

       

      Annotation:

      Significant changes have occurred in the particular segments of the financial markets, (especially in banking and insurance) as a response to the latest global financial crisis. These changes have substantially affected the banking and insurance operating and regulation. The lecture will aim not only on these changes but on the core understanding of the functioning of the financial markets, financial institutions and their instruments as well.

       

      Syllabus:

      1. Principles of the functioning of the financial markets, key terms, reasoning of the financial markets regulation.
      2. Structure of the financial market – particular sectors of the financial market, drivers of the financial sector development, types of transactions on the financial market
      3. The basic rules for the financial institutions operation – regulation of the entry into the sector, solvency rules including their enforcement and compliance.
      4. Role of the central banks, role of the lender of last resort – possible ways of the financial institutions rescue
      5. Undertaking risks by the financial institutions and their managing – types of the risks, diversification, role of the risks management
      6. Payment and settlement systems – core changes, Payment Services Directive 2, payment and settlement instruments
      7. Financial market in the UK - history, comparison with the Czech Republic, role of the Bank of England, changes after the Northern Rock fall, etc.
      8. Financial market in the USA - history, changes set by Dodd-Frank Act, comparison with the Czech Republic
      9. Investment banking, hedge and private equity funds – characteristics of the investment banking and the issue of its separation from the commercial banking, characteristics of the hedge and private equity funds
      10. Banking union - fundamental pillars, position of the Czech Republic and other member states, explanation of the barriers to the accomplishment of the banking union
      11. Financial crisis – typology of the financial crisis, analyses of the most important financial crisis in the 20th century
      12. The global financial crisis 2007 – 2009 – causes, subsequent regulatory changes
      13. Topical European issues in the regulation and supervision of the financial market

       

      Reading:

      Mandatory literature

      1. Schooner, H. M., Taylor, M.: Global Bank Regulation: Principles and Policies, Burlington, MA, Academic Press, 2010
      2. Mejstrik, M., Pecena, M., Teply, P.: Banking in theory and practice, Praha, Karolinum, 2014

      Optional literature

      1. Douady, R., , Goulet, C., Pradier, Pierre-Charles: Financial Regulation in the EU: From Resilience to Growth, Palgrave Macmillan, 2017
      2. Kedar-Levy, H.: A Critical History of Financial Crises, Imperial College Press, 2016
      3. Caprio, G.: Handbook of Key Global Financial Markets, Institutions, and Infrastructure, Academic Press, 2012