Pub Date : 2023-12-04DOI: 10.14712/23366478.2023.48
Hana Jandová, Veronika Nováková
The legal regulation of the liability of civil servants for damage caused by them to the civil service contained in Act No. 234/2014 Sb., on the Civil Service, as amended, directly refers to Act No. 262/2006 Sb., the Labour Code, as amended. However, there has been a disagreement among the professional community as to the extent to which certain legislation should be applied. The article therefore focuses on the mapping of the current legislation and its application in practice, while pointing out certain shortcomings and gaps.
{"title":"Odpovědnost státních zaměstnanců za škodu způsobenou služebnímu úřadu","authors":"Hana Jandová, Veronika Nováková","doi":"10.14712/23366478.2023.48","DOIUrl":"https://doi.org/10.14712/23366478.2023.48","url":null,"abstract":"The legal regulation of the liability of civil servants for damage caused by them to the civil service contained in Act No. 234/2014 Sb., on the Civil Service, as amended, directly refers to Act No. 262/2006 Sb., the Labour Code, as amended. However, there has been a disagreement among the professional community as to the extent to which certain legislation should be applied. The article therefore focuses on the mapping of the current legislation and its application in practice, while pointing out certain shortcomings and gaps.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"25 25","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138604300","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-04DOI: 10.14712/23366478.2023.56
Haekal Al Asyari
Cyberspace, which consists of a global web of linked networks and computers, transcends the traditional concept of sovereignty, inviting a multi-disciplinary approach and an inklusive policy-making strategy. The international architecture of cyberspace connects with the real world with geographical servers and governments, as well as the material effects of the development of international law. As a result, the nature of cyberspace governance has become international. This article will reflect on the phenomena of common space areas under international law and employ a retrospective and normative approach to analyse the applicability of the common heritage of mankind (CHM) principle to cyberspace. The doctrinal approach taken in this research is within the conceptual framework of de lege ferenda. Cyberspace possesses a similar philosophical foundation to the seabed, Antarctica, and outer space. As a legal consequence, cyberspace must exclusively be used for peaceful purposes, demilitarized, and all activities must be carried out for the benefit of all humankind. Conclusively, as the Internet changes at a revolutionary pace – expanding the size of cyberspace – the law must also respond adequately. This research proposes an answer for such adequacy, fundamentally built on the conceptions and virtue of international law, featuring the CHM principle for cyberspace governance.
{"title":"Cyberspace as a Common Heritage of Mankind: Governing Normative Limitations of the Internet by Virtue of International Law","authors":"Haekal Al Asyari","doi":"10.14712/23366478.2023.56","DOIUrl":"https://doi.org/10.14712/23366478.2023.56","url":null,"abstract":"Cyberspace, which consists of a global web of linked networks and computers, transcends the traditional concept of sovereignty, inviting a multi-disciplinary approach and an inklusive policy-making strategy. The international architecture of cyberspace connects with the real world with geographical servers and governments, as well as the material effects of the development of international law. As a result, the nature of cyberspace governance has become international. This article will reflect on the phenomena of common space areas under international law and employ a retrospective and normative approach to analyse the applicability of the common heritage of mankind (CHM) principle to cyberspace. The doctrinal approach taken in this research is within the conceptual framework of de lege ferenda. Cyberspace possesses a similar philosophical foundation to the seabed, Antarctica, and outer space. As a legal consequence, cyberspace must exclusively be used for peaceful purposes, demilitarized, and all activities must be carried out for the benefit of all humankind. Conclusively, as the Internet changes at a revolutionary pace – expanding the size of cyberspace – the law must also respond adequately. This research proposes an answer for such adequacy, fundamentally built on the conceptions and virtue of international law, featuring the CHM principle for cyberspace governance.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"14 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138603376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-04DOI: 10.14712/23366478.2023.51
Lucie Matějka Řehořová
The article deals with the concept of the assessment of an employee’s medical capacity for work performance. The first part of the article analyses health protection in legislation in a general and medical capacity as the work performance assumption, while the next part of the article focuses on the consequences of losing the employee’s medical capacity in employment relations including civil service relations. Particular attention is paid to the current issues regarding medical reports and relevant court decisions.
{"title":"Zdravotní způsobilost zaměstnance a lékařské posudky ve státní službě","authors":"Lucie Matějka Řehořová","doi":"10.14712/23366478.2023.51","DOIUrl":"https://doi.org/10.14712/23366478.2023.51","url":null,"abstract":"The article deals with the concept of the assessment of an employee’s medical capacity for work performance. The first part of the article analyses health protection in legislation in a general and medical capacity as the work performance assumption, while the next part of the article focuses on the consequences of losing the employee’s medical capacity in employment relations including civil service relations. Particular attention is paid to the current issues regarding medical reports and relevant court decisions.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"10 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138603196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-04DOI: 10.14712/23366478.2023.42
Jan Pichrt
This paper deals with the issue of individuals who are employees of the state (the Czech Republic), but are not civil servants under the Civil Service Act. The author points out the shortcomings that the legislature has committed in the past in defining this group of employees, who, although working in “state administrative offices”, do not work in service relationships but in employment relationships (regulated primarily by the Labour Code). The article leads to the interpretation of the examined unclear provision and also contains some topics de lege ferenda.
{"title":"Několik poznámek k vymezení osobní působnosti zákona o státní službě","authors":"Jan Pichrt","doi":"10.14712/23366478.2023.42","DOIUrl":"https://doi.org/10.14712/23366478.2023.42","url":null,"abstract":"This paper deals with the issue of individuals who are employees of the state (the Czech Republic), but are not civil servants under the Civil Service Act. The author points out the shortcomings that the legislature has committed in the past in defining this group of employees, who, although working in “state administrative offices”, do not work in service relationships but in employment relationships (regulated primarily by the Labour Code). The article leads to the interpretation of the examined unclear provision and also contains some topics de lege ferenda.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"16 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138601661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-04DOI: 10.14712/23366478.2023.50
P. Kopecký
This paper deals with the topic of a non-active status of civil servant due to organisational reasons. The author specifically focuses on legal grounds that may lead to a civil servant being temporarily placed in a non-active status. The author analyses available defence instruments for civil servants against temporarily leaving the service. During the non-active status, the civil servant does not execute their service, the period of the non-active status is generally limited to six months. If the non-active status exceeds the six-month period it shall be decided to terminate the civil service employment. Additionally, the author provides an overview of the rights and duties of both the civil servant and the appointing authority during the period of non-active status.
{"title":"Právní postavení státního zaměstnance zařazeného mimo výkon služby z organizačních důvodů","authors":"P. Kopecký","doi":"10.14712/23366478.2023.50","DOIUrl":"https://doi.org/10.14712/23366478.2023.50","url":null,"abstract":"This paper deals with the topic of a non-active status of civil servant due to organisational reasons. The author specifically focuses on legal grounds that may lead to a civil servant being temporarily placed in a non-active status. The author analyses available defence instruments for civil servants against temporarily leaving the service. During the non-active status, the civil servant does not execute their service, the period of the non-active status is generally limited to six months. If the non-active status exceeds the six-month period it shall be decided to terminate the civil service employment. Additionally, the author provides an overview of the rights and duties of both the civil servant and the appointing authority during the period of non-active status.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"12 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138603132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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