National Repository of Grey Literature 116 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
The consent to the processing of personal data in the light of the General data protection regulation
Havlíčková, Klára ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
The work presented considers the data protection law formerly degulated via Directive 95/46/EC and presently regulated by GDPR (General Data Protection Regulation). GDPR was introduced as a response to the development of new technologies, such as growth of social networks and cloud storages, which did not exist when Directive 95/46/EC was enacted. Furthermore, GDPR is a reaction to the variery of data protection acts across the EU member states. Its aim is to consitently guarantee a high level of personal data protection across entire EU. The introductory part of the thesis is devoted to the terminology, history of personal data protection and shortcomings of the repealed directive. In particular, the territorial scope is identified as problematic. In adition, author i this part made an analyse of selected rulings of CJEU, which indicated the need for a new legal regulation, are discussed. The second part of the thesis considers the design of GDPR. Here, the question of necessity for such regulation is addressed. Furthermore, the author discusses the circumstances under which the IP address and cookies can be considered personal data which are protected by GDPR. The central theme of the thesis is the consent to the processing of personal data. GDPR does not modify the fundamental parameters of the consent...
Mutual recognition versus harmonization - development and perspectives of the criminal law in the EU
Černecká, Zuzana ; Scheu, Harald Christian (advisor) ; Gřivna, Tomáš (referee) ; Fenyk, Jaroslav (referee)
Mutual recognition versus harmonization - development and perspectives of the criminal law in the EU Abstract The criminal law, which stood away from the attention of the mainstream European integration process for a long time, is at present considered one of the fastest growing spheres of the Union law. The thesis focuses in 8 chapters on the development and perspectives of the criminal law in the EU by analysing two main forms of the development of the member states' cooperation in this area, which are mutual recognition and harmonization. After an introductory part the second and third chapters at first pursue historical roots of the member states' cooperation in the area of the criminal law and the description and justification of the current legal framework of the EU criminal law, which has been set up by the entry into force of the Lisbon Treaty in 2009. The key notions this thesis focuses on are the principle of mutual recognition and harmonization, therefore a comprehensive chapter deals with each of these terms (chapter four with mutual recognition, chapter five with harmonization). The chapter about mutual recognition points out to its origin, grounds for the use of the principle of mutual recognition in the criminal area, centres at its basic characteristics and mutual trust as a central notion...
The legal status of the embryo from the perspective of European human rights protection
Havlíková, Barbora ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
Title The legal status of the embryo from the perspective of European human rights protection Abstract The thesis addresses the question regarding the legal status of the human embryo in European law. The aim of the thesis is to evaluate whether the embryo stands in the position of a legal object or legal subject and whether the legal status of embryo is in compliance with natural law. For this purpose the thesis firstly defines the status in the field of natural law, i.e. the moral status of embryo. Afterwards, the thesis examines the legal position of embryo in human rights protection. The thesis answers the question whether the embryo is subject of human rights documents. The legal status of embryo is analyzed in relation to the subjectivity of human rights in general as well as in relation to specific rights. The interpretation of legal terms "human being" and "everyone" contribute to a better understanding of legal status of embryo in general. The analysis of the specific rights, namely the right to life, human dignity, personal integrity and non-discrimination, shows the complexity of the potential legal subjectivity of embryo in the area of human rights. The evaluation of the legal status of human embryo in the area of human rights protection is complemented by an assessment of legal status in other...
European legal regulation of the remuneration of women and men
Brabcová, Markéta ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
European legal regulation of the remuneration of women and men Abstract This thesis focuses on the legal regulation of the principle of equal pay in European law. Despite the fact that the priciples of equality of men and women are anchored in the international, regional and national laws, the actual fulfulment of the principle of equal pay in the European countries is not satisfactory. This thesis is trying to provide a systematic overview of the relevant legal regulation of the principle of equal pay on the international and European level. Within the respective legal systems, this thesis focuses on the particularity of the regulation, on the existence of controll and enforcing mechanism and on the actual aplication of the principle of equal pay through these mechanisms. The thesis is divided into four chapters. The first chapter defines the concepts essential for this thesis. In particular, it contains definitions of concepts of equality and discrimination. Furthermore, the concepts of sex, gender and diferences in remuneration are defined. The second chapter focuses on the legal regulation of equal pay as adopted by the UN. It analyses the Convention on the Elimination of all Forms of Discrimination against Women and the relevant treaties of the International labour organisation, including the overview...
Selected issues of the current legal regulation of protection of personal data in the European Union.
Švec, Martin ; Svobodová, Magdaléna (advisor) ; Scheu, Harald Christian (referee)
The thesis "Selected issues of the current legal regulation of protection of personal data in the European Union" is focused on describing the development of personal data in the European Union and on current changes in this field of European law. The first chapter is focused on the historical development of the personal data protection on the European continent with the specific aim of looking at the development in the European Union. This chapter describes the progressive development of the right to the protection of personal data which was formed within the right to privacy because of technological developments. The first chapter also talks about personal data protection in primary and secondary legislation which became the foundation for the further development. The second chapter is devoted to the comparison of the former EU regulation of the personal data protection in the directive 95/46/ES with the new regulation in GDPR. The most important changes were chosen for the comparison together with the ones which were often discussed prior to GDPR coming into effect. The interim goal of this chapter is to explain to the reader the extent of changes which GDPR brings to the field of personal data protection. The third chapter is focused on the institute of the data protection officer which is a...
Right of a member state to leave the EU in context of the Brexit
Petrus, Tomáš ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
Right of a member state to leave the EU in context of the Brexit Abstract One year has passed since the United Kingdom officially announced its intention to withdraw from the European Union membership. Brexit as this withdrawal is often called means the turning point not only for the view of the concept of the ever closer European integration, but it also presents feasibility of a new option for the EU Member States. It is astonishing that in spite of popular attention to this topic there is an absence of serious academic research dealing with the right of a Member State to withdraw in all its wide aspects. Therefore, this thesis aims at the goal of describing the problem of the withdrawal in the most complex way and not only in the light of the recent Brexit. For understanding the present situation, it seems to be necessary, at least in the limited way, to introduce the right of withdrawal as the external aspect of the sovereignty ultima ratio which even in the historical period before the explicit incorporation in the Lisbon Treaty had to exist. In a retrospective view, it is also crucial to mention cases which were in a strict sense not examples of a withdrawal of Member States, but that proved the practical accommodation of national instruments and procedures to termination of EU law application. On...
Human Rights Impact of Business Activities of Private Entities
Brodská, Jitka ; Scheu, Harald Christian (advisor) ; Tymofeyeva, Alla (referee)
Human Rights Impact of Business Activities of Private Entities ABSTRACT AND KEY WORDS Abstract: The thesis focuses on human rights impact of business activities of private entities. Within the UN context, it is the concept of "business and human rights" which addresses the issue. The thesis aims at depicting the current international legal framework relating to impact of business activities on human rights. The thesis examines the benefits of the UN Guiding Principles on Business and Human Rights, the authoritative framework and the global standard of practice for preventing and addressing the risk of adverse impact of business activities on human rights. While the Guiding Principles do not constitute a legally binding document, they build on existing standards and include elements covered in international and domestic law. The three-pillar framework consists of the State duty to protect human rights, the corporate responsibility to respect human rights, the access to remedy for victims of business-related abuse. Almost seven years after their adoption, there are numerous examples of how these Guiding Principles have been integrated into the Governments' national action plans, policies and regulations, policies of international and regional organisations. The thesis describes few examples of national action...
Legal status of foreigners in the Czech legal order from human rights perspective - legal restrictions and their application
Holá, Eva ; Pavlíček, Václav (advisor) ; Scheu, Harald Christian (referee) ; Jílek, Dalibor (referee)
in English In her thesis entitled Legal status of foreigners in the Czech legal order from human rights perspective - legal restrictions and their application, the author deals with very actual and socially necessary topic of the position of foreigners in the Czech legal order. The main aim of the thesis is to point out the contradictions between constitutional guarantees of fundamental rights and freedoms and their factual situation and to analyze these contradictions. In detail, the text offers analysis of many court decisions from the Czech Republic but also of relevant case-law of the European Court of Human Rights and Human Rights Committee. The author also draws her knowledge of decision-making from her ten- year practice in migration law. The thesis focuses mainly on the legal status of third-country nationals (TCNs), i.e. all non-EU nationals, as with the development of the EU, TCNs remain foreigners or aliens in the true sense of the word. It is true, that with the growing EU legislation on migration have TCNs have certainly gained a more solid status than international law had offered. Specially it concerns guarantees in residence proceedings and related social rights and right to reunification of the family members. However, in the last decades, EU states form their migration policies...
Personal data protection under the law of European Union
Novotná, Lucie ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
Personal data protection under the law of European Union ABSTRACT The diploma thesis discusses the legal regulation of personal data protection under the European Union law with focus on the rights of data subjects, i.e. natural persons whose personal data are being processed. The aim of the thesis is to compare the current legal regulation of the rights of data subjects (directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data) with the legal regulation with forthcoming effectiveness (GDPR) with focus on the issue how the new legal regulation dealt with the problems for which the Directive has been criticised and how it dealt with problematic parts of the regulation of the rights of data subjects. The diploma thesis consists of five parts including the introduction, the conclusion and three chapters of the own text. The chapter one contains the introduction to the field of personal data protection, including the brief history of the development of personal data protection, and it is further divided into the sub-chapters where the primary and secondary law concerning personal data protection in the European Union and its development are introduced. The human rights context of personal data protection is also discussed in this chapter....
The Dublin system regulated in terms of EU asylum law
Placzeková, Karolína ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
1 Abstract This thesis is dealing with crucial legislation of European Union in the area of asylum law, which came across considerable changes and undergone recently a sustainability test in form of so-called migration crisis. This phenomenon challenged (undermined) the foundations of common action of member states in field of asylum law and border control and could jeopardise the future of Dublin system. Despite the considerable resistance of member states to relocation mechanisms or in other words so-called mandatory quotas, these became one of the main instruments to resolve the current situation. The question remains, if this represents a step in the right direction and the proposed permanent relocation mechanism will help in dealing with crisis, side to side with further proposed secondary legislation in field of asylum law, or will deepen it. Vital is the evaluation of the current situation and to meet the objectives set out for the Dublin system, namely, in particular prevention of so-called asylum shopping and secondary movements of asylum seekers, equal treatment and non-discrimination and asylum law should as well lead to fairer liability distribution in accordance with adherence to principle of solidarity among member states. Thesis comprises of 3 main chapters. In the first chapter, attention is...

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