30 years of the Constitutional Court

Guarantor: doc. JUDr. Michal Bartoň , Ph.D.

Annotation:
In June 1993, the Parliament of the Czech Republic approved the Constitutional Court Act and in July of the same year, President Václav Havel appointed the first twelve of the fifteen Constitutional Court judges. The aim of the Constitutional Law Section is thus to evaluate and analyse the importance of the constitutional judiciary for a democratic state governed by the rule of law, to point out significant milestones in the activities of the Constitutional Court over the last 30 years, to critically reflect and evaluate its decision-making practice, the methodology used and the manner and form of decision-making. The section may also focus on the legal regulation of the constitutional judiciary itself or its possible changes at the statutory and constitutional level, the role of the Constitutional Court as a key constitutional institution in the system of separation of powers and on the issue of judicial restraint or activism. Attention may also be paid to personnel issues, whether it concerns the selection of judges themselves, their possible liability (disciplinary proceedings) or the search for limits to judicial bias in individual proceedings before the Constitutional Court. The comparison of the activities or case law of the 'first', 'second' and the ending 'third' Constitutional Court may also be discussed.

Seizure of Items Relevant to Criminal Proceedings

Guarantor: doc. JUDr. Filip Ščerba, Ph.D.

Annotation:
On the one hand, the institutions aimed at seizure of items important for criminal proceedings represent an important, often crucial tool for proper clarification of the criminal case and fulfilment of the purpose of criminal proceedings, but on the other hand, they are associated with a significant interference with the right of ownership. The current legal regulation of seizure institutes, as well as the way it is applied in practice is associated with some significant problems, whether it concerns the seizure of items for evidentiary purposes or the seizure of instruments of crime or proceeds of crime. The aim of the criminal law section will be to analyse these issues, including, inter alia, a comparison with foreign legislation and practice and proposals for their solution.

The organisers reserve the right to select papers for oral presentation from the registered participants. It is not planned to publish the papers in the conference proceedings therefore, the participants are free to publish their papers in other manners, e.g., in professional journals.

Amendment of the New Building Act and the Uniform Environmental Permit

Guarantor: JUDr. Aleš Mácha, Ph.D.

Annotation:
Since the beginning, the new Building Act has been associated with a number of controversies arising from two basic objectives of the recodification, namely the establishment of the national building administration system and the integration of the concerned authorities. These aspects of the new building law were the reason why the current government prepared and submitted an amendment to the new Building Act. In addition to this amendment, the draft of Uniform Environmental Statement Act was submitted together with the accompanying amendment act. The aim of this section is to open a discussion on these two legal norms, to evaluate their benefits, downsides and in particular, their impact on building permits. The aim of the section is also to try to find an answer to the question whether we are facing the need for a completely new concept of building law in the near future, including spatial planning and in this context, also environmental protection in the implementation of building projects. Last but not least, papers on the topic of public participation in processes under the Uniform Environmental Statement Act or the Construction Act will be welcome.

The Principle of Publicity and the Right to Information in Public Administration

Guarantor: JUDr. Martin Škurek, Ph.D.; prof. JUDr. Vladimír Sládeček , DrSc.

Annotation:
At present, various parts of Act No. 241/2022 Sb. amending Act No. 106/1999 Sb. regulating free access to information, as amended, have gradually been coming into force. Therefore, papers concerning new legal institutes introduced by Act No. 241/2022 Sb., for example, the institute of public undertaking, disclosure of high-value data sets, information on the income of natural persons, exclusive agreements and the Central Register, papers concerning changes to the legal regulation of the decision on refusal of a request for information and appeal against it, as well as supplementing the legal regulation on the restriction of the right to information in order to eliminate unreasonable burden on the obliged entity are welcome. Papers concerning other areas of legal regulation of information provision in public administration and the principle of publicity of public administration are welcome too.

Consequences of Breach of Tax Administration Obligations

Guarantor: JUDr. Zdenka Papoušková, Ph.D.

Annotation:
Under the amendment to the Tax Code, the system of sanctions was revised, not only systematically but also substantively. What are the views on the sanctions contained in the Tax Code? What is the experience with their application? Presenting opinions on effective legislation, experience with the application of the relevant provisions before and after the amendment of the Tax Code and a discussion on the question whether the system of sanctions is satisfactory even in comparison with foreign legislation is the main objective of the discussion in this section of the Juridical Days in Olomouc.

Current issues

Guarantor: Ing. Jana Bellová,Ph.D.; PhDr. Kamila Tozzi di Angelo

Annotation:
Palacký University in Olomouc, Faculty of Law is proud to announce the opening of an interdisciplinary section within this year’s annual Juridical Days in Olomouc conference. Regardless of your position in society, economy structure, field of expertise, we all have been experiencing a vast amount of changes that have affected everyday lives as well as almost all areas of our research.

The aim of this section is to provide a wide space as well as freedom for all those willing to participate and share their ideas, knowledge, skills, know-how and opinions regarding any current issues concerning individuals, firms, government policies, government institutions etc. All topics are welcome as long as you bear in mind that the audience is to consist of experts from many various fields hence there might be need to simplify.

This is the first time that such a large scope of interests’ event is to take place with the aim to gradually establish a place to meet and get to know those, who like the interdisciplinary approach and care to share their ideas, points of view and attitudes.

It is hoped to gradually establish a successful working network of those interested, so should this sound good to you, please come and participate.

It is our pleasure to invite you to participate in this section regardless of your field of expertise. The section will be held in English only and requires in person participation. Both active as well as passive participants are very welcome.

Legal Regulation of Collective Proceedings

Guarantor: JUDr. Renáta Šínová, Ph.D., JUDr. Klára Hamuľáková, Ph.D.

Annotation:
With regard to the European Union legislation, collective proceedings will soon be regulated, probably in the form of a separate legal regulation, the new legislation will probably enter into effect at the latest on 1^st January 2024. This is a new procedural regulation, which will have an impact on the settlement of consumer claims against entrepreneurs. The section is focused on a discussion of the new legislation in its details, i.e., the scope of the new regulation, the entities to the proceedings, the course of the proceedings, including the concentration of the proceedings, as well as, of course, the issue of costs.

Intellectual property law

Guarantor: prof. JUDr. Ivo Telec, CSc.

Annotation:
The section focuses on free topics in industrial and other intellectual property or unfair competition and similar areas in terms of legislation, case law or legal doctrines.

Consumer Protection in Times of Global Challenges

Guarantor: doc. JUDr. Blanka Vítová, Ph.D. LL.M., Dr. Rita Simon, LL.M., B.A.

Annotation:
Originally European consumer law was framed for boosting the internal market and welfare. Main aim of the consumer legislation was “trough the achievement of high level of consumer protection, to contribute to the proper functioning of the internal market.” However, new technologies, the digital economy and the climate urgency force European lawmaking to re-draft and modernize the Consumer Law to encourage a circular economy and more sustainable consumption patterns. This section intends to provide a platform for exchanging ideas, best practices and innovative solutions in the field of consumer protection and to enhance the ability of stakeholders to address consumer protection challenges. The aim is to bring together academic researchers and other experts to discuss and address these challenges faced by consumers in a rapidly changing global landscape and the role of consumer protection in navigating these challenges.

The section will be divided into English and Czech subsections to ensure that the widest possible audience can participate and benefit from the discussions. Notable speakers include Prof. Joasia Luzak (University Exeter), Prof. Susanne Augenhofer (University Innsbruck), Prof. Alberto De Franceschi (University Ferrara), Ass. Prof. Katalin Cseres (University of Amsterdam) and Prof. Zsolt Hajnal (University of Debrecen).

Current Practical Problems in the Application of Private Law

Guarantor: doc. JUDr. Filip Melzer, Ph.D. , doc. JUDr. Petr Tégl, Ph.D.

Annotation:
The section focuses on current issues in the application of private law, in particular the Civil Code. It focuses on specific problematic issues, which are subjected to a deeper analysis.

Please send the electronic application no later than on Monday 17^th April 2023.

The organizers of the conference reserve the right to select from the submitted contributions those that will be presented actively. In the case the section is designed as a closed one, only passive participation is possible.

The price of the conference fee includes refreshment for the duration of the conference and does not include accommodation, which the participants arrange by themselves.