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Analysis of dispute settlement mechanism in Trade and Cooperation Agreement between the EU and the UK
Kurková, Michaela ; Šlosarčík, Ivo (advisor) ; Tomalová, Eliška (referee)
The thesis deals with the analysis of the dispute settlement mechanism in the Trade and Cooperation Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland. The present legal arrangements governing the relationship between the United Kingdom, as the first former member state, and the European Union entail a number of ambiguities in political and legal discourse. In order to obtain a comprehensive picture and achieve the research objective, the thesis also includes the Withdrawal Agreement and a selected new generation trade agreement, the EU-Korea Agreement, as part of its analysis. To achieve this objective, the thesis sets out to answer two research questions, that is (1) how the institutional provisions of the agreements involved in the system of dispute settlement differ from each other and, where applicable, from the provisions of standard trade agreements concluded by the EU, and (2) how the dispute settlement mechanism foreseen by the individual agreements differ from each other and, where applicable, from other dispute settlement mechanisms in EU trade agreements. By answering the research questions, the author tests the hypothesis of the persistence of EU influences on the dispute settlement system in the Trade and Cooperation Agreement and the...
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Legislative Development of Labor Mobility in the European Communities
Šubrt, Michael ; Lukešová, Anna (advisor) ; Šlosarčík, Ivo (referee)
This bachelor thesis examines the legislative development of labor mobility within the European Communities. The key research question is formulated as: "What has been the development of labor mobility within the European Communities and what legislative changes has this phenomenon undergone?" That makes this thesis a historical single-case study focused on one particular European policy. To explain the development, this thesis analyses primary sources (e.g., the primary and secondary European legislation and international treaties) but it also considers secondary legislation and the broader context. The main article is divided into four subchapters, each dedicated to the development in particular periods: before the establishment of the European Economic Community, after the Treaties of Rome, after the Single European Act, and finally after the establishment of the European Union by the Maastricht Treaty. The conclusion provides a summary of the findings.
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Small state capacity building with an agency of the European Union: The case of the Czech Republic and the European Union Agency for the Space Programme (EUSPA)
Halaška, Tomáš ; Weiss, Tomáš (advisor) ; Šlosarčík, Ivo (referee)
The main goal of this master's thesis is to discover why states are keen on acquiring an agency of the European Union from a perspective of the states' administration's approach towards the agency and its domain after acquiring it. This phenomenon is presented by an interpretative case study of the Czech Republic and the European GNSS Agency (GSA) obtained in 2012 and its expansion to the Agency of the European Union for the Space Programme (EUSPA) in 2021. The thesis verifies how are the three main motivations why a state wants an EU agency - prestige, economic potential, and quality and reputation enhancement of the given area - manifested in practice in the case of the approach of the Czech Republic towards the space sector. The verification is conducted through the operationalization of three scenarios based on the motivations. The data were collected from public sources and from fourteen semi-structured interviews with representatives of different space-related spheres.The research has shown that the approach of the Czech administration towards the space sector has been growing thanks to acquiring the seat of the GSA in 2010, obtaining membership in the European Space Agency in 2008, and appointing the Ministry of Transport as the main coordinator of national space activities in 2011. State...
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Labour mobility: an emerging trend of intra-EU workforce migration to Central and Eastern European countries from the Western member states
Medal, Ondřej ; Šlosarčík, Ivo (advisor) ; Weiss, Tomáš (referee)
1 Abstract Intra-EU labour mobility is perceived as one of the key advantages of the European common market. Most research thus far has focused on East-West flows of the workforce, whilst the reverse course remained almost unseen. Thus, this thesis aimed to evaluate the migrating workforce from EU-15 to CEE, which was demonstrated in the example of the Czech Republic. With the testing of Wallerstein's world-system theory and the push and pull migration factors, the thesis examined employment features of the EU-15 nationals, their labour mobility drivers, and the concept of Prague as a global city. The empirical data were gathered from EU databases of intra-EU mobility, Czech national statistics, and a structured survey of EU-15 nationals residing in the Czech Republic. The survey gathered 177 answers with results of a confidence level of 95% that the actual value is within 10% of the measured value. The research outcomes were then used for elaborating on the core-periphery dynamics and the West-East dichotomy. Overall, the findings suggest that this trend is emerging as the number of EU-15 nationals in the Czech Republic has risen by 212,13% since 1994. Moreover, it consists largely of knowledge workers, as almost three out of every four people have completed tertiary education. The most determining labour...
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Presidency of a Big and Small State: the French and Czech Presidencies of the Council of the European Union in 2022 on the Example of the Energy Performance of Buildings Directive
Šedinová, Anna ; Weiss, Tomáš (advisor) ; Šlosarčík, Ivo (referee)
This master thesis compares the presidencies of a big state (France) and a small state (the Czech Republic) in the Council of the European Union in 2022, using the negotiation of the Energy Performance of Buildings Directive as an example. It describes the differences and similarities in the negotiations of the two presidencies at the level of the Energy Working Group. The thesis verifies whether the influence of the size of the state on the following five parameters of the presidency was visible during the presidency: overall objectives, expertise and personnel, strategic, communication, cooperation and legislative. It is a case study of two presidencies of the Council of the European Union and their comparison. A qualitative method was used, namely semi-structured interviews with actors from both presidencies. These were analysed and then the individual parameters were compared. The research found that to a large extent the presidencies were similar in their functioning and work, but differences were also found. France, as a big state, had a greater expert capacity and a more time-consuming administrative burden in terms of the need to consult headquarters. Therefore, it was not as flexible and reactive in its communication; the presidency could be classified as a capital-based model. The Czech...
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CJEU as a Political Actor in the Termination of intra-EU BITs: Judicial Activism in Achmea Ruling
Juráš, Jan ; Šlosarčík, Ivo (advisor) ; Kasáková, Zuzana (referee)
The topic of the role and function of the Court of Justice of the European Union has been the subject of academic debate for quite some time. In recent years, a number of new studies have begun to examine judicial activism, also known as the process of judicialization of EU policy. It is a process by which the Court of Justice not only interprets the law, but directly creates it, thus becoming a full-fledged actor in the legislative and institutional framework of the EU. The work combines the topic of judicial activism with the issue of international investment protection in the EU, in which the Court of Justice of the EU has become a key actor by delivering the termination of intra-EU bilateral investment treaties between EU member states. In its judgment in the Achmea case, the Court of Justice ruled that these treaties are incompatible with the EU law system as investment arbitrations initiated on the basis of these treaties may undermine the autonomous position of the Court of Justice as the only institution that has a competency to interpret EU laws. The thesis also deals with the scale of the judicial activism in the Achmea ruling. Position of the other actors of the EU institutional framework is also presented. The work thus represents an interdisciplinary approach to the research of...
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