Abstract:This paper briefly analyses the legislation of the state’s liability for the measures adopted in relation to the epidemic of coronavirus in the period of the state of emergency, it especially deals with the state’s liability for damage accrued upon entrepreneurs in a casual relation to the restriction of the right to engage in enterprise. The aim of the paper is to carry out a legal analysis of liability for damage according to the Crisis Act on one hand, and of liability for damage caused by the terminated me… Show more
“…For the purposes of this paper, it is therefore important to conclude that crisis measures are the package of all measures adopted by various competent public authorities in the context of an emergency. The form of crisis measures may be a government resolution, a law, a decree, a general measure, an administrative decision, or any actual measures adopted by public authorities [13]. The Crisis Act Section 5 provides an exhaustive list of specific measures that may be imposed by the Government.…”
Section: Methodsmentioning
confidence: 99%
“…The right to compensation shall be vested in the person who has suffered damage as a result of maladministration." [20] Since the Ministry of Health adopted emergency measures regulating the availability of health care under the Act on the Protection of Public Health, note that those are so-called general measures [13]. The Ministry of Health's measures concerning the limitations of health care were not repealed by a court decision, but only after they had been concluded as irrelevant in view of the epidemic development in June 2021.…”
Section: As Provided In Section 50 Among Other Things "A Health Care ...mentioning
confidence: 99%
“…Bílek et al [13] concludes in their analysis that "Liability of the state for damages caused by crisis measures is objective, therefore the claim arises regardless of the fault, and the prerequisite for liability is not the illegality or incorrectness of an adopted crisis measure, but vice versa its faultlessness. It is therefore not appropriate to require the annulment of a measure taken.…”
Section: Of the Crisis Management Act Only Refers To Compensation For...mentioning
confidence: 99%
“…The author is also inclined to the conclusions of Melzer [22] and refers to his findings [13] that compensation for damages under the Crisis Management Act is based on the principle that it is compensation for damages caused by the due course of law, namely by a proper crisis measure. The prerequisite for liability is therefore not illegality, but rather a duly adopted measure of the state.…”
Section: State Responsibility For Deferred Health Carementioning
confidence: 99%
“…At the same time, the author points out that the term "damages" used in the Crisis Management Act could lead to the conclusion that only material damage is subject to compensation, but this has already been refuted by Bílek et al [13] and Melzer [22]. The Crisis Management Act originated at a time when the Civil Code did not differentiate between the terms of material and immaterial damages.…”
Section: State Responsibility For Deferred Health Carementioning
Most successful companies have established effective marketing communication as a useful tool for selling their products to customers. The research explored the ways of communication of a selected internet subject, its methods of addressing customers and how effective the communication of the specific enterprise is not only during covid19 pandemic. We carried out a SWOT analysis, conducted a questionnaire survey and made detailed This paper discusses the responsibility / liability of the state and health service providers in relation to limited access by individuals to preventive as well as other outpatient or inpatient care as a result of the measures of the Government of the Czech Republic and the Ministry of Health of the Czech Republic during a declared state of emergency due to the coronavirus pandemic /referred to as SARS CoV-2/. The paper provides a legal analysis of the current legislation in health care services and the circumstances under which health care may be refused by its provider and discusses the possibilities of claiming compensation for damages incurred by affected persons as a result of limited access to health care. The survey is mainly focused on civil liability for non-pecuniary damage to health and human life and liability under the Crisis Management Act of the Czech Republic.
“…For the purposes of this paper, it is therefore important to conclude that crisis measures are the package of all measures adopted by various competent public authorities in the context of an emergency. The form of crisis measures may be a government resolution, a law, a decree, a general measure, an administrative decision, or any actual measures adopted by public authorities [13]. The Crisis Act Section 5 provides an exhaustive list of specific measures that may be imposed by the Government.…”
Section: Methodsmentioning
confidence: 99%
“…The right to compensation shall be vested in the person who has suffered damage as a result of maladministration." [20] Since the Ministry of Health adopted emergency measures regulating the availability of health care under the Act on the Protection of Public Health, note that those are so-called general measures [13]. The Ministry of Health's measures concerning the limitations of health care were not repealed by a court decision, but only after they had been concluded as irrelevant in view of the epidemic development in June 2021.…”
Section: As Provided In Section 50 Among Other Things "A Health Care ...mentioning
confidence: 99%
“…Bílek et al [13] concludes in their analysis that "Liability of the state for damages caused by crisis measures is objective, therefore the claim arises regardless of the fault, and the prerequisite for liability is not the illegality or incorrectness of an adopted crisis measure, but vice versa its faultlessness. It is therefore not appropriate to require the annulment of a measure taken.…”
Section: Of the Crisis Management Act Only Refers To Compensation For...mentioning
confidence: 99%
“…The author is also inclined to the conclusions of Melzer [22] and refers to his findings [13] that compensation for damages under the Crisis Management Act is based on the principle that it is compensation for damages caused by the due course of law, namely by a proper crisis measure. The prerequisite for liability is therefore not illegality, but rather a duly adopted measure of the state.…”
Section: State Responsibility For Deferred Health Carementioning
confidence: 99%
“…At the same time, the author points out that the term "damages" used in the Crisis Management Act could lead to the conclusion that only material damage is subject to compensation, but this has already been refuted by Bílek et al [13] and Melzer [22]. The Crisis Management Act originated at a time when the Civil Code did not differentiate between the terms of material and immaterial damages.…”
Section: State Responsibility For Deferred Health Carementioning
Most successful companies have established effective marketing communication as a useful tool for selling their products to customers. The research explored the ways of communication of a selected internet subject, its methods of addressing customers and how effective the communication of the specific enterprise is not only during covid19 pandemic. We carried out a SWOT analysis, conducted a questionnaire survey and made detailed This paper discusses the responsibility / liability of the state and health service providers in relation to limited access by individuals to preventive as well as other outpatient or inpatient care as a result of the measures of the Government of the Czech Republic and the Ministry of Health of the Czech Republic during a declared state of emergency due to the coronavirus pandemic /referred to as SARS CoV-2/. The paper provides a legal analysis of the current legislation in health care services and the circumstances under which health care may be refused by its provider and discusses the possibilities of claiming compensation for damages incurred by affected persons as a result of limited access to health care. The survey is mainly focused on civil liability for non-pecuniary damage to health and human life and liability under the Crisis Management Act of the Czech Republic.
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