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• The three stages of regulation of woman and gender
• State-socialist law and rights
• Equality as socio-economic levelling
• Blindness to gender and patriarchy
• Women and gender after 1989
• Post-socialist law and rights
• Equality and anti-discrimination after 1989 : resisting the ideas and the legal concepts
• Wanted : gender and feminism.

"In Gender Equality in Law: Uncovering the Legacies of Czech State Socialism, Barbara Havelková offers a sober and sophisticated socio-legal account of gender equality law in Czechia. Tracing gender equality norms from their origins under state socialism, Havelková shows how the dominant understanding of the differences between women and men as natural and innate combined with a post-socialist understanding of rights as freedom to shape the views of key Czech legal actors and to thwart the transformative potential of EU sex discrimination law. Havelková's compelling feminist legal genealogy of gender equality in Czechia illuminates the path dependency of gender norms and the antipathy to substantive gender equality that is common among the formerly state-socialist countries of Central and Eastern Europe. Her deft analysis of the relationship between gender and legal norms is especially relevant today as the legitimacy of gender equality laws is increasingly precarious."-- Provided by publisher

• 1. The Rise of Czech Constitutionalism: History and Context I. The Rise and Fall of the Kingdom of Bohemia II. Influence of Foreign Legal Cultures III. Czech Constitutional Scholarship and its Changing Role Over Time IV. Inter-war Czechoslovakia V. The Communist Legacy VI. Democratic Transition and Dealing with the Past VII. The Dissolution of Czechoslovakia VIII. Return to Europe IX. Where are the People? X. Conclusion Further Reading
• 2. The Challenge of a Pluralist Constitution I. Drafting the 1993 Constitution II. The Pluralist Constitution III. The Eternity Clause IV. International and Supranational Sources V. Super-statutes VI. Constitutional Conventions VII. Judicial Decisions as a Source of Constitutional Law VIII. Conclusion Further Reading
• 3. Constitutional Principles I. The Democratic Principle II. The Rechtsstaat Principle III. Principle of the Separation of Powers IV. Principle of Sovereignty V. Principle of the Unitary State VI. Protection of Fundamental Rights VII. The Implicit Welfare State Principle VIII. Conclusion Further Reading
• 4. The Czech Parliament I. Basic Structure: The Chamber of Deputies and the Senate II. Competences of the Parliament and its Chambers III. The Procedural Limits of Parliamentary Power IV. Parliamentary Elections and the Czech Political Party System in Turmoil V. Scandals, Corruption and Immunities VI. Conclusion Further Reading
• 5. The Growing Tension within the Double-Headed Executive I. The Challenge of a Double-Headed Executive II. Over-achieving President and Under-achieving Governments III. The State of Emergency and the Hidden Powers of the Executive IV. The Quest to Depoliticise the State Administration V. Conclusion Further Reading
• 6. Local Governance I. The Centre and the Periphery II. The Structure of Territorial Self-Governance III. Election of Municipal and Regional Bodies IV. Direct Democracy at the Local Level V. The Rise of the Municipal Power VI. It is All About Taxes and EU Subsidies VII. Local Self-Governance in the EU VIII. Conclusion: Towards Moderate Decentralisation Further Reading
• 7. The Judicial Branch I. Setting the Scene: Key Players within Czech Judicial Politics II. Who are the Czech Judges? III. The Constitutional Court IV. Basic Features of the Ordinary Judiciary V. Civil and Criminal Courts VI. Administrative Courts VII. Prohibition of Special Courts and Tribunals VIII. The War(s) of the Courts IX. Czech Courts and European Supranational Courts: A Complicated Relationship X. Constitutional Politics of the Judicial Branch XI. Conclusion: From the Judicialisation of Politics to the Politicisation of the Judiciary Further Reading
• 8. Human Rights Constitutionalism I. The Charter and the Rest: The Pluralist Nature of Human Rights Protection in Czechia II. How to Challenge the State: Constitutional Review, General Courts, Administrative Review and the Ombudsman III. Human Dignity as a Fundamental Right? IV. Proportionality as a Key Unifying Principle? V. Positive Obligations and the Challenge of Socio-economic Rights VI. Public/Private Distinction and the Importance of Drittwirkung VII. The Influence of the European Convention on Human Rights VIII. Selective Judicial Activism - Expounding or Expanding Human Rights? IX. Conclusion Further Reading
• Conclusion: Dynamics of Constitutional Change and the Search for Constitutional Identity I. Formal Amendments in a Rigid System II. Constitutional Interpretation and Informal Amendments as a Mechanism of Constitutional Change III. The Unconstitutional Constitutional Amendments Doctrine IV. Conflicting Legacies and the Search for Constitutional Identity V. Concluding Remarks: A Danger of Democratic Backsliding?
• (source: Nielsen Book Data)

This book provides a contextual and authoritative overview of the principles, doctrines and institutions that underpin the Czech constitution. The book explores key topics including; the Czech pluralist constitution, constitutional principles, the interaction between the legislature, executive and the judiciary, the role of local governance and application of fundamental rights in practice. It also covers the morphing of Czech constitutionalism as a result of personal politics, conventions, informal institutions and constitutional narratives and sentiments. This informative study allows students and scholars of law and politics to develop an informed view of how Czech democracy actually works and what its main challenges are.
(source: Nielsen Book Data)

• General introduction
• Status of religious communities
• Relations between the state and Islam
• State support for Islamic religious communities
• The Islamic community of the Czech Republic
• Muslims and the law on issues of social integration
• Mosques and prayer houses
• Burial and cemeteries
• Education and schools
• Further and higher (tertiary) education
• Islamic chaplaincy in bublic institutions
• Employment and social law
• Islamic slaughter and food regulation
• Islamic goods and services
• Islamic dress
• Criminal law
• Family law

This volume of Annotated Legal Documents on Islam in Europe covers the Czech Republic and consists of an annotated collection of legal documents affecting the status of Islam and Muslims. The legal texts are published in the original Czech language while the annotations and supporting material are in English. By legal documents are meant the texts of legislation, including relevant secondary legislation, as well as significant court decisions. Each legal text is preceded by an introduction describing the historical, political and legal circumstances of its adoption, plus a short paragraph summarising its content. The focus of the collection is on the religious dimensions of being Muslim in Europe, i.e. on individuals' access to practise their religious obligations and on the ability to organise and manifest their religious life.
(source: Nielsen Book Data)

• Obálka
• Obsah
• Otcovy vzpomínky...
• Předmluva
• Úvod
• Kapitola 1. Učedníkem (1955-1959)
• Kapitola 2. Mezinárodní úřad práce (1959-1963)
• Nástup
• První samostatná práce
• Expertem pro Súdán
• Spolutvůrcem dokumentů MÚP
• Kapitola 3. Opět na právnické fakultě (1964-1968)
• Docentem na právnické fakultě
• Mise v zahraničí pro MÚP
• Odborné aktivity v Československu
• Kapitola 4. Okupace (1968-1971)
• Kapitola 5. Normalizace (1971-1989)
• Štěstí v neštěstí
• Technicko-ekonomický výzkumný ústav hutního průmyslu
• Práce pro ministerstvo hutnictví a těžkého strojírenství

• Práce pro Federální ministerstvo práce a sociálních věcí
• Kapitola 6. Opět svobodní
• Náměstkem federálního ministra
• Návštěvy zahraničních delegací
• Zahraniční cesty ve funkci náměstka
• Kapitola 7. Můj aktivní "starobní důchod"
• Odchod do důchodu
• Soukromým podnikatelem
• Kapitola 8. Expertem světové banky a Evropského společenství (1992-2011)
• Bulharsko
• Albánie
• Írán
• Slovensko
• Litva
• Přednáškové turné s Institutem Světové banky
• Maďarsko
• Kazachstán
• Slovinsko
• Rada Evropy ve Štrasburku
• Arménie
• Bosna a Hercegovina
• Chorvatsko
• Ruská federace

• Polsko
• Rumunsko
• Moldávie
• Gruzie
• Makedonie
• Ukrajina
• Ázerbájdžán
• Konec zahraniční expertní kariéry
• Kapitola 9. Poradenství doma
• Poradenství pro Občanské fórum (OF)
• Poradenství pro ČSSD
• Poradenství pro KDÚ-ČSL
• Poradenství pro ODS
• Kapitola 10. Vědecké a výzkumné aktivity
• Mezinárodní výzkumné, analytické a školicí projekty
• Práce na projektech v ČR
• Akademická činnost v zahraničí
• Zpět na české akademické půdě
• Doslov
• Redakční poznámka

• Introduction
• Architecture of the Strasbourg system of human rights
• The role of domestic courts in the Strasbourg system
• Navigating the field of judicial compliance, effectiveness, implementation and judicial treatment of international law
• Research design : how to study judicial implementation : a prologue to the case study on Czechia
• The Supreme Court : the story of a (post)communist Cinderella
• The Supreme Administrative Court : a new kid on the block
• The Czech Constitutional Court
• Judicial treatment patterns : more complicated than they seem
• Beyond judicial compliance : domestic courts in the ECHR regime

The European Court of Human Rights ("ECtHR") suffers from the burgeoning caseload and challenges to its authority. This two-pronged crisis undermines the ECtHR's legitimacy and consequently the functioning of the whole European human rights regime. Domestic courts can serve as welcome allies of the Strasbourg Court. They have a potential to diffuse Convention norms domestically, and therefore prevent and filter many potential human rights violations. Yet, we know very little about how domestic courts actually treat the Strasbourg Court's rulings. This book brings unique empirical findings on how often, how and with what consequences domestic judges work with the ECtHR's case law. It moves beyond the narrow concept of compliance and develops a new three-level methodology for analysing the role played by domestic courts in the implementation of ECtHR case law. Moreover, using the example of Czechia, it shifts the attention from Western countries to a more volatile Central and Eastern European region, which has recently witnessed democratic backsliding and backlash against international checks on human rights and the rule of law standards. Looking at a wider social and legal context, this book identifies factors helping transitional countries to adapt to regional human rights regimes. The work will be an essential resource for students, academics and policy-makers working in the areas of Constitutional law, Politics and Human Rights law. Its global appeal is enhanced by the methodological framework which is applicable in other international systems.
(source: Nielsen Book Data)

• 1. Introduction Part I: State Socialism 2. The Three Stages of Regulation of Women and Gender 3. State-Socialist Law and Rights 4. Equality as Socio-Economic Levelling 5. Blindness to Gender and Patriarchy
• Part II: Post-Socialism 6. Women and Gender After 1989 7. Post-Socialist Law and Rights 8. Equality and Anti-Discrimination after 1989: Resisting the Ideas and the Legal Concepts 9. Wanted: Gender and Feminism 10. Conclusions.
• (source: Nielsen Book Data)

"Since the fall of the Berlin wall there has been a surprising dearth of high quality of scholarship on legal culture in the communist successor states of East Central Europe. In this excellent book Barbara Havelkova engages with the reversal of many of the advances the socialist period made in gender relations, examining the historical roots of the current failure of Czech law to engage with the discriminatory practices that have negatively affected the lives of women. She does this by a forensic excavation of law, discourses and practices of the socialist era revealing the patriarchal assumptions underpinning them that became deeply embedded in Czech legal culture, and that have been carried forward to the present day. The book is a compelling read. It provides answers to many of the questions that have perplexed feminists about the post-soviet transition and at the same time speaks more generally to the debates surrounding the troubling rightward shift in the politics of the communist successor states of Europe." Professor Judith Pallot, President of the British Association for Slavonic and East European Studies "In Gender Equality in Law: Uncovering the Legacies of Czech State Socialism, Barbara Havelkova offers a sober and sophisticated socio-legal account of gender equality law in Czechia. Tracing gender equality norms from their origins under state socialism, Havelkova shows how the dominant understanding of the differences between women and men as natural and innate combined with a post-socialist understanding of rights as freedom to shape the views of key Czech legal actors and to thwart the transformative potential of EU sex discrimination law. Havelkova's compelling feminist legal genealogy of gender equality in Czechia illuminates the path dependency of gender norms and the antipathy to substantive gender equality that is common among the formerly state-socialist countries of Central and Eastern Europe. Her deft analysis of the relationship between gender and legal norms is especially relevant today as the legitimacy of gender equality laws is increasingly precarious." Professor Judy Fudge, Kent Law School Gender equality law in Czechia, as in other parts of post-socialist Central and Eastern Europe, is facing serious challenges. When obliged to adopt, interpret and apply anti-discrimination law as a condition of membership of the EU, Czech legislators and judges have repeatedly expressed hostility and demonstrated a fundamental lack of understanding of key ideas underpinning it. This important new study explores this scepticism to gender equality law, examining it with reference to legal and socio-legal developments that started in the state-socialist past and that remain relevant today. The book examines legal developments in gender-relevant areas, most importantly in equality and anti-discrimination law. But it goes further, shedding light on the underlying understandings of key concepts such as women, gender, equality, discrimination and rights. In so doing, it shows the fundamental intellectual and conceptual difficulties faced by gender equality law in Czechia. These include an essentialist understanding of differences between men and women, a notion that equality and anti-discrimination law is incompatible with freedom, and a perception that existing laws are objective and neutral, while any new gender-progressive regulation of social relations is an unacceptable interference with the 'natural social order'. Timely and provocative, this book will be required reading for all scholars of equality and gender and the law.
(source: Nielsen Book Data)

• I. Příprava a přijetí ústavní listiny -- gI. Ústava a její proměny v meziválečném období

• Intro
• Table of Contents
• 1 Security Architecture and the Interceptionof Telecommunication
• 1.1 National Security Architecture
• Two Frameworks of Interception
• 1.2 Powers for interception of telecommunication
• Legislative grounds
• 1.2.1 The law of criminal procedure
• 1.2.2 Law of intelligence agencies
• 1.2.3 Financial and Customs Investigation Service
• 1.3 Responsibility for the technical performance of interception measures
• a general overview
• 1.4 Legitimacy of data transfers between different security services
• 1.5 Statistics on Telecommunication Interception

• 2 Constitutional and Statutory Safeguards of Telecommunications
• 2.1 Areas of constitutional protection
• 2.2 Proportionality of access to data
• 2.2.1 Secrecy of telecommunications
• 2.2.2 Secrecy of retained traffic data
• 2.2.3 Secrecy of information systems
• 2.3 Statutory consequences of constitutional protection
• 2.3.1 Protection of the secrecy of telecommunications
• 2.3.2 Protection of the confidentiality and integrity of information systems
• 2.3.3 Protection of the core area of privacy
• 2.3.4 Criminal liability for the unlawful infringement of the telecommunication secrecy

• 2.3.5 Protection of professional secrets in criminal procedural law
• 2.3.6 The principle of the "purpose limitation of personal data"
• 3 Powers for Accessing Telecommunication Data
• 3.1 Overview
• 3.2 Requirement of (reasonable) clarity for powers in the law of criminal procedure
• 3.3 Differentiation and classification of powers in the law of criminal procedure
• 4 Interception of Content Data
• 4.1 Object of interception
• 4.2 Special protection of confidential communication content
• 4.3 Execution of telecommunication interception

• 4.4 Duties of telecommunication service providers to cooperate
• 4.5 Formal prerequisites of interception orders
• 4.6 Substantive prerequisites of interception orders
• 4.7 Consent by a communication participant to the measure
• 4.8 Duties to record, report, and destroy
• 4.9 Notification duties and remedies
• 4.10 Confidentiality requirements
• 5 Collection and Use of Traffic and Subscriber Data
• 5.1 Collection of traffic data
• 5.2 Collection of subscriber data
• 5.3 "Data retention"
• 6 Access to (Temporarily) Stored Communication Data

• 6.1 Online searches with the help of remote forensic software
• 6.2 Search and seizure of stored communication data
• 6.3 Duties to cooperate: production and decryption orders
• 7 Use of Electronic Communicati on Data in Judicial Proceedings
• 7.1 Use of electronic communication data in the law of criminal procedure
• 7.2 Inadmissibility of evidence as a consequence of inappropriate collection
• 7.3 Use of data outside the main proceedings
• 7.3.1 Data from other criminal investigations
• 7.3.2 Data from preventive investigations
• 7.3.3 Data from foreign jurisdictions

• Cover; Contents; Acknowledgements; Preface; Foreword; Introduction: The final hours before the execution; Photographs of Frank's family;
• 1. The First Republic; Defence of Antonín Kiesewetter in a treason case; Childhood and education; As a soldier; JUDr. Kamill Resler's legal practice; The Sokol's reaction to Resler's defence of Kiesewetter; In the Sokol; Codex mejdanensis; Clubs and associations; Legal practice during the First Republic (1918-1938); Resler's other clients; Defence of doctor Arnošt Dvořák; Defence of Bedřich Kalda vs. the Czechoslovak state.

• The case of the Mánes artistic associatio
• n2. After Munich; Salute the Flag! and other wartime books; In politics; Resler's family; Role in the Bar Association; Protection of Jews during the war;
• 3. During the War: 1939-1945; Resler's "protectorate fun"; Wartime conditions and the resistance; František Bidlo and his Zderaz sketches; Court cases and disputes during the war; Defence of those on death row; František Beran; Irena Bernášková; Anna Doušová; Gisela Goldschraisátová; Josef Hojný; František Korda; Adolf Plachý; Ladislav Rašín; Jana Tuhá; Resler's stories of a colleague in Berlin.

• Ordinary disputesAfter the war; The attempt to convict traitors;
• 4. The Karl Hermann Frank case; The ex officio appointment; Representation before the special courts; The events of the trial; The defence and the court proceedings; The closing defence speech; Reasons for conviction and acquittal; The plea for mercy; Financial and emotional consequences of the defence; Frank's opinion of his defence; The significance of Resler's defence and reactions to it; The media's attitude to the trial, and Resler's later talks on the trial; Visiting President Beneš; Resler's intention to publish a book.

• 5. 1946
• -1948: Entering the twilightDefence of Richard Bienert; The National Court; Defence of Jiří Stříbrný; Cases before and after the renewal of the Extraordinary People's Courts; Kelemen Alexander; Prof. Miloslav Hýsek; Zlatko Bilian; Hugo Sonnenschein-Sonka; Marta Bidlová; Karel Královec; František Valach; Key events of 1946 and 1947 and Resler's everyday work; Zikmund Stein; One insignificant case; The end of Resler's career as a barrister;
• 6. Artist and atists' lawyer to the end; Work for the Neumann family; Copyright disputes; Stanislav Kostka Neumann; Franz Kafka.

• Resler's literary activityArticles; Biographies; As a translator and publisher; New Year cards; His own library; Karel Dyrynk's magical experience in Kamill Resler's library; Encounters with the regime; Employment and Resler's financial situation; Kamill Resler's death and will; Afterword; References; Index of names.

• Cover; Contents; Acknowledgements; Preface; Foreword; Introduction: The final hours before the execution; Photographs of Frank's family;
• 1. The First Republic; Defence of Antonín Kiesewetter in a treason case; Childhood and education; As a soldier; JUDr. Kamill Resler's legal practice; The Sokol's reaction to Resler's defence of Kiesewetter; In the Sokol; Codex mejdanensis; Clubs and associations; Legal practice during the First Republic (1918-1938); Resler's other clients; Defence of doctor Arnošt Dvořák; Defence of Bedřich Kalda vs. the Czechoslovak state.

• The case of the Mánes artistic associatio
• n2. After Munich; Salute the Flag! and other wartime books; In politics; Resler's family; Role in the Bar Association; Protection of Jews during the war;
• 3. During the War: 1939-1945; Resler's "protectorate fun"; Wartime conditions and the resistance; František Bidlo and his Zderaz sketches; Court cases and disputes during the war; Defence of those on death row; František Beran; Irena Bernášková; Anna Doušová; Gisela Goldschraisátová; Josef Hojný; František Korda; Adolf Plachý; Ladislav Rašín; Jana Tuhá; Resler's stories of a colleague in Berlin.

• Ordinary disputesAfter the war; The attempt to convict traitors;
• 4. The Karl Hermann Frank case; The ex officio appointment; Representation before the special courts; The events of the trial; The defence and the court proceedings; The closing defence speech; Reasons for conviction and acquittal; The plea for mercy; Financial and emotional consequences of the defence; Frank's opinion of his defence; The significance of Resler's defence and reactions to it; The media's attitude to the trial, and Resler's later talks on the trial; Visiting President Beneš; Resler's intention to publish a book.

• 5. 1946
• -1948: Entering the twilightDefence of Richard Bienert; The National Court; Defence of Jiří Stříbrný; Cases before and after the renewal of the Extraordinary People's Courts; Kelemen Alexander; Prof. Miloslav Hýsek; Zlatko Bilian; Hugo Sonnenschein-Sonka; Marta Bidlová; Karel Královec; František Valach; Key events of 1946 and 1947 and Resler's everyday work; Zikmund Stein; One insignificant case; The end of Resler's career as a barrister;
• 6. Artist and atists' lawyer to the end; Work for the Neumann family; Copyright disputes; Stanislav Kostka Neumann; Franz Kafka.

• Resler's literary activityArticles; Biographies; As a translator and publisher; New Year cards; His own library; Karel Dyrynk's magical experience in Kamill Resler's library; Encounters with the regime; Employment and Resler's financial situation; Kamill Resler's death and will; Afterword; References; Index of names.