National Repository of Grey Literature 92 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
The Quantification of Damages caused by breach of the European Union Competition Law and Private Enforcement of its Compensation
Fabian, Petr ; Král, Richard (advisor) ; Boháček, Martin (referee) ; Šmejkal, Václav (referee)
The Quantification of Damages caused by breach of the European Union Competition Law and Private Enforcement of its Compensation Abstract Effective competition is key issue for achieving the economic prosperity of the internal market, improving the quality of production and maximizing employment. On the contrary restriction of the competition can lead to inefficient allocation of resources, loss of economic welfare and damages to both competitors and consumers. Achieving and maintaining of the effective competition is therefore one of the main objectives of the European Union. This can be achieved through means of public and private enforcement. While pubic enforcement has, in particular, punitive and deterring function, private enforcement has, in particular, compensatory function. Despite these differences both categories complement each other. That is why this thesis deals with the relationship between private and public enforcement. On 26 November 2014, the European Union adopted Directive 2014/104/EU, which partially harmonises private enforcement in relation to the right to compensation for damages caused by a breach of competition law. The aim of this work is to analyze the positives and negatives of this harmonization. The dissertation also deals with the comparison of two reference transpositional...
Non-contractual liability of the EU
Navrátil, Petr ; Tomášek, Michal (advisor) ; Král, Richard (referee) ; Sehnálek, David (referee)
Non-contractual liability of the EU Abstract The aim of this thesis is to systemize the history of EU non-contractual liability; to analyse in detail the current concept of non-contractual liability of the EU, including procedural and substantive law aspects; to present a brief comparative analysis of selected national legal systems and their role in the regarding the general principles common to the laws of the Member States (and vice versa to reflect on the influence of EU non-contractual liability and its' possible role in the europeanization of administrative law); to contextualise non-contractual liability of the EU (with regard to constitutional, international and national aspects) and to consider compensation for damages caused by the EU as a tool for (un)effective judicial protection of individuals. Research methods are content analysis and comparison. This thesis is divided into seven chapters. The first chapter is introductory and defines the subject of research, the methods used and terminology. The second chapter deals with an analysis of the current state of professional debate on non-contractual liability of the EU. The main part of the thesis focuses on the identification of problems connected to non-contractual liability of the EU and contextualization of those problems. In that regard...
European citizens' initiative in the context of reducing democratic deficit in EU
Doležal, Florián ; Král, Richard (advisor) ; Svobodová, Magdaléna (referee)
EUROPEAN CITIZENS' INITIATIVE IN THE CONTEXT OF REDUCING DEMOCRATIC DEFICIT IN EU This thesis primarily involves a study of the European Citizens' Initiative (ECI), its functioning and contribution to democracy in the EU. The ECI is the first tool to facilitate transnational participatory democracy in the world. It allows EU citizens to invite the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties. For a better understanding of the democratic contribution of the ECI, the work first analyses the state of democracy in the EU, confirming the existence of a democratic deficit in the EU. It subsequently addresses its history and causes. Based on information obtained concerning democracy in the EU and its development, the work then proceeds to undertake a legal analysis of Regulation No. 211/2011 on the citizens' initiative, taking into account the history of its origins. It identifies the potential democratic contribution of the ECI for democracy in the EU. This specifically entails the activation of civil society by awakening political debate at Union level and bringing the EU closer to its citizens by involving them more closely in...
Citizenship of the European Union: Its development, use and perspectives after Brexit
Rampas, Jan ; Král, Richard (advisor) ; Exner, Jan (referee)
in English language: The thesis deals with the Institute of Citizenship of the European Union. It follows the first of its origins, the institutional framework and the definition of its content to then focus on the contemporary problems faced by this institution in its application and the use of this specific type of citizenship as one of the possible solutions to the problematic legal status of EU citizens and citizens of the United Kingdom after Brexit. The author puts forward suggestions for addressing the different groups of people whose position changes significantly after Brexit, especially with regard to their place of residence, nationality and whether or not they will still be citizens of a Member State of the European Union after Brexit or not. The author presents possible solutions to the problems that such a state of uncertainty brings with references to case law, current professional literature, and also takes into account the course of Brexit bargaining. He also submits proposals for a new definition of EU citizenship and its possible use to protect the rights of British citizens on the territory of EU Member States after Brexit, but also for Union citizens who are in the same time living, working or studying in Great Britain. Attention is also paid to the specific area of Northern...
Protection of consumers - customers against the insolvency of tour operators - in EU law
Vysoká, Lenka ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
Protection of consumers - customers against the insolvency of tour operators - in EU law This thesis examines the legal regulation of consumer protection in the cases of the bankruptcy of travel agencies. In the event of the insolvency of a travel agency, a problem arises as to who will ensure that the consumers are repatriated from summer resorts and their expenses for the unperformed travel services are reimbursed. This issue was first dealt with by Directive No. 90/314 on package travel. The Directive 90/314 will be analyzed in the second chapter of this paper. The Directive leaves a large margin of discretion for national legislators as to how they achieve the required consumer protection standard. However, the EU Member States must ensure that consumers recover the entire loss they have incurred due to the failure of tour operators to provide services. The Member States have come up with a number of implementation solutions - e.g. insurance of the guarantee for the case of insolvency, bank guarantee or guarantee fund of the travel operators. This implementation into national legal systems is described in the third chapter of this thesis. That chapter further introduces the Czech implementation affected in Act No. 159/1999 Coll. This Act has opted for insurance of travel agencies as the means...
Benefit tourism as a problematic aspect in the EU
Pozorová, Danica ; Kunertová, Tereza (advisor) ; Král, Richard (referee)
Benefit tourism as a problematic aspect in the EU Benefit tourism is a topic which has gotten quite a lot of media attention lately, has influenced the lives of mobile EU citizens as well as the EU itself in connection with the brexit. The aim of this thesis is to provide the reader with a comprehensive portrait of the topic, and to explore how is this phenomenon reflected in the case-law of the Court of Justice of the EU. In addition to dealing with the political context and the notion of benefit tourism, this thesis explores the free movement of persons based on both, the economic and the non-economic basis. The focus of the thesis lays on the case-law of CJEU relative to the access of economically inactive EU citizens to the social assistance systems of the host Member States, particularly the judicial chain Brey - Dano - Alimanovic - García-Nieto. These judgments are revolutionary in a way, because for the first time, the Court took into account also the "public finances" argument which has been raised by the Member States for years and the CJEU has always been adamant on rejecting it in favour of wider interpretation of social rights. The CJEU abandoned its previous stands on the financial solidarity, equal treatment and the extension of EU citizens' rights of socially inactive EU citizens and...
Article 351 TFEU in the context of the Kadi case law
Karpíšek, Ondřej ; Král, Richard (advisor) ; Svobodová, Magdaléna (referee)
Submitted thesis deals with the Kadi case law of both the General Court and the Court of Justice. It focuses mainly on its structural aspects and the specific procedural standards which are to be applied according to the ECJ's Kadi case law in the context of counter terrorist measures aimed at individuals are only briefly mentioned. While the General Court dismissed an action lodged by Mr. Kadi on the ground that EU's measures strictly implementing UN Security Council resolutions cannot be reviewed in light of their compliance with EU's human rights principles, the Court of Justice held in favor of the applicant. Although both instances departed from the same point that is, that it is the EU law which determines the status and effects of international law within the EU law, they differ in terms of what the EU law says about the status of the Charter of the UN within the EU law system. The General Court based its decision on the combination of succession of the EU into international obligations of its member states established in the 1970s and articles 347 and 351 TFEU. The succession is required because for a legal norm to serve as a standard of review it needs to be intenally binding on the Union and the article 351 TFEU or its sibling is required to elevate the Charter of the UN (and the UN...
Standing of the Court of Justice of the EU in the Area of the Police and Judicial Cooperation in Criminal Matters
Shepard, Lucia ; Zemánek, Jiří (advisor) ; Král, Richard (referee) ; Fenyk, Jaroslav (referee)
5 Abstract This dissertation examines the standing of the Court of Justice of the European Union in the area of police and judicial cooperation in criminal matters, which was formally included under the umbrella of the European Union as a result of the Maastricht Treaty in the early nineties. Yet this area was excluded from the Community framework, which had a significant impact on the jurisdiction and competencies of the Court of Justice. Despite limitations arising from the construct of the third pillar, the Court of Justice took an opportunity through case law to overcome some of these limitations. The most recent milestone in the development of this area is the entry into force of the Lisbon Treaty which removed the so-called pillar structure and further limitations disappeared with the end of the transitional period. Further, existing case law of the Court of Justice in this area has been closely linked to the framework decision on the European arrest warrant, which is based upon the principle of mutual recognition and mutual trust between the EU Member States, and thus became an important part of the case law of the Court of Justice. Given the scope of this framework decision, the Court of Justice has also been frequently dealing with the issue of fundamental rights, the protection of which plays an...
The Principle of Loyalty in EU law
Kruliš, Kryštof ; Král, Richard (advisor) ; Pítrová, Lenka (referee) ; Šlosarčík, Ivo (referee)
This PhD thesis seeks to establish a multi-layered definition of the principle of loyal cooperation in EU law in its current form. It focuses on four fundamental ways of describing this principle. The first one is a linguistic analysis of the term "principle of loyal cooperation" itself. The thesis looks at its equivalents in all official languages of the EU and applies various linguistic (etymology) and non-linguistic research tools and findings from the study of history, social psychology and philosophy to understand and delimit the principle of loyal cooperation in EU law. In a second step, the principle is examined at three separate levels. At the first level the situation and significance of the actors bound by loyalty is explored. At the second level the paper focuses on the differences between the principle of loyal cooperation, the way commitments are met in international public law, and the mechanisms of ensuring loyalty in countries with a federal structure. Lastly, the third level of analysis looks into the ways the principle of loyal cooperation and its operation vary according to the area of competence. Keywords: principle of sincere cooperation, European Union law, theory of federalism, European studies
Horizontal direct effect of the Treaty freedoms
Merjavá, Veronika ; Král, Richard (referee) ; Kunertová, Tereza (referee)
in English language: The statement of Angela Merkel from November 2014 that she would rather see the UK out of the EU than compromise the free movement in the EU (which as at the date of the submission of this dissertation materialized in potential Brexit) was one of the reasons which encouraged the author to analyse the reach of free movement rules, more specifically the horizontal direct effect of the Treaty freedoms, in this dissertation. The author focuses on the issues stemming mainly from the broader topic of the legitimacy of market integration which the author translated into the concept of separation of the regulatory competences between the EU and the Member States and related separation between the Treaty provisions' addressees, namely the Member States and the private entities. This dissertation focuses on the following research question: To what extent has the CJEU advanced the European market integration through the development of the principle of horizontal direct effect of the Treaty freedoms? The starting point after the establishment of the EEC was that the sole addressees of the Treaty freedoms were the Member States whereas the Treaty rules on competition only applied to private entities. However, as is demonstrated throughout this dissertation, it is nowadays generally accepted...

National Repository of Grey Literature : 92 records found   1 - 10nextend  jump to record:
See also: similar author names
1 KRÁL, Radan
2 KRÁL, Radim
1 Král, Radek
8 Král, Radomil
3 Král, Robert
1 Král, Robin
3 Král, Roman
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