National Repository of Grey Literature 50 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
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...
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...
Vertical restraints on competition in the sector of e-commerce
Krumlová, Dita ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
This thesis deals with the selected vertical restraints on competition that occur in the sector of e-commerce, namely resale price maintenance, dual pricing and most-favoured-nation clauses. The thesis raises the research question what stance the European Commission, the Court of Justice of the European Union, and particularly national competition authorities and courts of the Federal Republic of Germany, the French Republic, the United Kingdom of Great Britain and Northern Ireland, the Italian Republic, the Kingdom of the Netherlands and the Kingdom of Sweden take to the above-mentioned practices. The decisions of the authorities are considered in terms of their degree of strictness towards the vertical restraints in question. From a systematic point of view, the thesis is divided into eight chapters. Its subject, basic questions, aims and methods used are outlined in the introductory chapter. The second chapter, which deals with the concept of e-commerce, mainly provides the definition of the scope of the sector under consideration from a material point of view. The third chapter analyses the results of the European Commission's inquiry into the e-commerce sector, especially its conclusions on the functioning of the sector, its features and trends in this sector, particularly with regard to their...
The role of the Advocates General in the Judicial System of the European Union
Vitáčková, Veronika ; Svobodová, Magdaléna (advisor) ; Pítrová, Lenka (referee)
The role of the Advocates General in the Judicial System of the European Union This thesis deals with the important procedural adaptation of the specific institute of the jurisdiction of the EU. An Advocate-General is a member of the Court of Justice whose role is to provide, in accordance with Article 252 TFEU, the submission of public, wholly impartial, independent and reasoned opinions in cases which, under the Statute of the Court of Justice of the European Union, require his participation. Although a similar function is not anchored in many jurisdictions of the Member States of the European Union, it has found its application within the framework of the functioning of the Court of Justice of the European Union. This thesis provides a thorough analysis of the position and role of the Advocate General, the sources of inspiration for and the development of this institute within the framework of the Union's judiciary system, in order to point out the importance of the role of his work. The thesis is divided into four parts which consist of sub-chapters. The first part is devoted to the French legislation of the institute of the Public Rapporteur, as a source of inspiration for the Union's Advocate General. The legal regulation of the Public Rapporteur is described within the context of the entire...
PSD2: The Implications for Banking and the Fintech Industry
Dolenský, Ondřej ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
(EN) The main aim of this diploma thesis is to critically assess the implications of the revised Directive on Payment Services (PSD2) for Banking and the Fintech Industry. In order to do so, the thesis firstly focuses on the current banking system together with the recent problems associated with the Global financial crisis of 2007-2008, which have given rise to substantial changes of the regulation of banking system at the EU level. Subsequently, the thesis compares the banking system with the rising financial technology (Fintech) industry and provides an overview of this industry together with regulation thereof. The provided overview of Banking and the Fintech Industry is followed by the analysis of the original Directive on Payment Services (PSD) and the PSD2, which also includes relevant case-law of the CJEU. Finally, the last part of the thesis assesses the possible implications of the PSD2, while it takes into account other relevant factors that may affect the potential development of the Fintech Industry. From the respective analysis it becomes apparent that the regulation of the banking system at the EU level has been strengthened in response to the Global financial crisis given that the insufficient regulation of banking was one of the main causes of the Global financial crisis....
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...
General Data Protection Regulation: Challenges for the Cloud
Studihradová, Barbora ; Svobodová, Magdaléna (advisor) ; Šmejkal, Václav (referee)
1 CHARLES UNIVERSITY IN PRAGUE Faculty of Law Barbora Studihradová General Data Protection Regulation: Challenges for the Cloud Master's thesis Master's thesis supervisor: JUDr. Magdaléna Svobodová, Ph.D. Department of European Law Date of completion (manuscript closure): 13 April 2018 2 General Data Protection Regulation: Challenges for the Cloud Abstract This thesis recognizes and analyses some of the fundamental challenges that the General Data Protection Regulation poses for cloud computing. Its aim is to answer the question whether the GDPR can be regarded as cloud friendly. The hypothesis that is proposed and tested is that it cannot be, since it includes concepts and wording that are impractical in cloud computing. This is assessed based on how different cloud computing services function. The thesis therefore lays down foundations of both legal and technical understanding of the data protection in the cloud in the first chapters. The analysis of the challenges then builds on this knowledge. The challenges of the GDPR for the cloud are divided into five groups. Firstly, what is regulated as personal data in the cloud is consider with regard to the concepts of anonymisation, pseudonymisation and encryption. Secondly, controller - processor relationship and their obligations in the complex cloud...
EU Competition Law and Practices Hindering Market Entry of Drugs
Křešová, Karolína ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
EU Competition Law and Practices Hindering Market Entry of Drugs This thesis deals with the legality of pharmaceutical companies' practices that hinder market entry of drugs, whether within the intra-brand or inter-brand competition, from the EU competition law perspective. The aim of this thesis is to introduce the reader to the issue of different practices aimed at limiting parallel trade and also at delaying or complete prevention of the market entry of a new competing drug, and also to assess whether the competition authorities have established clear guidance on the performance of these practices, i.e. whether they are clearly set boundaries between acceptable restriction of competition which can be justified and distortion which cannot be allowed. For the purpose of this assessment, the relevant decisions of the European Commission and the CJEU are analyzed, identifying the key factors on which the competition authorities place emphasis when assessing the compliance of such practices with the EU competition law, and general conclusions are drawn from these key factors to determine whether there is a sufficient degree of legal certainty for pharmaceutical companies engaging in these practices. The thesis is divided into six chapters, of which chapters three, four and five form the main part....
Big data and EU merger control
Bosáková, Viktória ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
BIG DATA AND EU MERGER CONTROL ABSTRACT The significance of "big data" as a factor in the competitive assessment of mergers in EU has attracted more and more attention in the past years. Today's digital economy revolves around the Internet and information technologies that together enabled collecting and processing previously unimaginable sets of data, high in volume, velocity, variety and value. Data started to present a valuable and important asset to various businesses, mainly active on online platforms. Consequently, companies may engage in strategic mergers in order to acquire profitable data from one another. The aim of this master thesis is to research and analyse whether big data could result in the increased market power of the newly merged company or could have detrimental effects on other competitors present on the market or the competition itself. The main research question therefore is whether big data in its essence could constitute a competitive concern when it comes to data-related mergers. This thesis initially clarifies the concept and characteristics of "big data" in general, whilst demonstrating the increasing significance of data used as assets for businesses in the present digital economy. The research then focuses on what role specific features of data could play in various stages of...

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See also: similar author names
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