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Protecting an Individual from Deprivation of Citizenship of the Union
Uradnik, Šimon ; Exner, Jan (advisor) ; Svobodová, Magdaléna (referee)
Protecting an Individual from Deprivation of Citizenship of the Union This master's thesis poses a central research question of whether the factual relationship between the European Union and a Union citizen is of such quality that it gives rise to the factual relation in the form of the genuine link, respectively, whether the legal relationship between the same subjects is of such quality that it gives rise to the legal relation in the form of the direct bond. As for the genuine link, the assessment is constructed on the basis of two aspects, namely-the mutual societal attachment of Union citizens to the European Union, and the shared political interests of Union citizens, in the sense of shared concern in politics and of shared political objectives. On the other hand, in terms of the direct bond, the legal relationship between the European Union and a Union citizen is examined through two prisms, namely-the autonomy of the form-status of Union citizenship, and the nonvicariousness of the content-rights of Union citizenship. The actual assessment of the factual relationship is conducted on the data from the Eurobarometer, and turnouts of the European Parliament elections in 2019 and of national elections by that time. The examination of the legal relationship is performed by virtue and postulates...
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International transfers of personal data outside the European union
Pechová, Tereza ; Svobodová, Magdaléna (advisor) ; Exner, Jan (referee)
Cross-border data flows from the EU: Data protection and the right to privacy Abstract This thesis discusses the legal concepts of privacy and personal data protection, the EU legal framework, specifically the relevant primary law and secondary EU law such as the Data Protection Directive and the General Data Protection Regulation. The thesis further examines the concept of international transfers of personal data outside the European Union and the legal basis for such transfers, as regulated by the GDPR, its different methods and their comparison in relation to their scope and specific use. The author considered the definition of the adequacy decision, the process of granting such a decision and its criteria to be essential. Subsequently, the thesis dealt with the presentation of appropriate safeguards as alternative methods of international transfers of personal data under EU law. The focus of the thesis is to introduce the third country regime using the example of the United Kingdom of Great Britain and Northern Ireland as a former EU Member State. In this respect, the thesis examines the development of UK data protection law in terms of international data transfers after Brexit. The thesis has looked into the negotiations between the UK and the EU on their trade and cooperation agreement. Particular...
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Passengers' rights to compensation and assistence in air transport in the light of European Union Law
Petrovič, Ondřej ; Exner, Jan (advisor) ; Svobodová, Magdaléna (referee)
Passengers' rights to compensation and assistance in air transport in the light of European Union Law Abstract This thesis deals with the balance of rights and obligations of passengers and air carriers in Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights. The first part analyses the history of international and European aviation law together with their interrelationship. In the second part, the Compensation Regulation as such is analysed in detail. Its individual provisions are analysed together with related and recent case law. Particular attention is then paid to denied boarding, cancellation, and flight delays in the light of passengers' specific rights to compensation. In addition to the analysis of the individual provisions of the Compensation Regulation, the author's own reflection on possible improvements to the current regulation in the future and his own view on the aforementioned balance of the Compensation Regulation are included in the thesis. The third part of the thesis then deals with the specific possibilities of recovering individual compensation from the position of passengers and the...
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Merger regulation of killer acquisitions under European competition law in European and international comparison
Jakob, Sebastian ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
1 English abstract Merger regulation of killer acquisitions under European competition law in European and international comparison Collen Cunningham, along with her colleagues, introduced a novel theory of harm known as a "killer acquisition" in her paper titled "Killer Acquisitions." A killer acquisition involves an already well-established market player acquiring a potential competitor with the intent to discontinue the acquired innovation project. The primary objective of such an acquisition is to eliminate potential competition that might arise from the innovative project of the acquired competitor. Typically, the potential targets of such scenarios are innovative start-ups that do not generate sufficient turnover to trigger the notification threshold employed in the EU, which relies solely on the turnover of merging parties. As a result, the European Commission sought other ways to assert jurisdiction over such transactions, most notably through the utilization of Article 22 of the Merger Regulation. However, it is argued that the current system of merger control at the European level is not bulletproof and a potential enforcement gap necessitating an amendment of the Merger Regulation exists. Consequently, several alternative criteria have been analysed, namely, the market-share test used in Spain...
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Late transposition phenomenon in the Czech Republic
Říha, Michal ; Pítrová, Lenka (advisor) ; Svobodová, Magdaléna (referee) ; Plaňavová-Latanowicz, Jana (referee)
LATE TRANSPOSITION PHENOMENON IN THE CZECH REPUBLIC The implementation of European law is a necessary precondition for the functionality of European integration. However, while the Union institutions carry out the legislative work, the implementation of European law is a task for the Member States. They must adapt their legal systems accordingly and enforce EU rules effectively. In the case of directives, the basic condition for their effectiveness is transposition into national law, which usually requires to propose a new act of Parliament. The Czech Republic has long been one of the countries with a high proportion of late transposition of EU directives. Despite the generally accepted claim that the culprit of these transposition failures lays in the Czech Parliament, research refutes such views. Although the Chamber of Deputies is relatively autonomous from the Government, its deliberations are lengthy, and the Chamber of Deputies' Rules of Procedures offers only a limited range of instruments to guide parliamentary deliberations, transposition delays occur already at the executive level. This is even though the Czech Republic has a series of robust measures to improve the planning of implementation works, but these are not enforced in practice. Presented research is based on data on the legislative...
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Transposition of Energy Communities into Czech Law
Pešková, Michaela ; Svobodová, Magdaléna (referee)
Transposition of Energy Communities into Czech Law - abstract The main topic of the presented diploma thesis is the legal concept of energy communities and its transposition into Czech law. The term "energy communities" means both citizen energy communities according to the Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU and renewable energy communities as defined by the Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources. None of the mentioned directives has yet been fully transposed in the Czech Republic, although the transposition deadlines in both cases have already passed. The first chapter of the diploma thesis discusses the transposition of EU directives in general and from a theoretical point of view, including transposition methods and a description of the process of transposition of directives at the national level. The second chapter deals with the EU legal provisions regulating the energy communities themselves. Common characteristics, as well as basic differences between both types of energy communities, are identified, including the consequences of these differences for...
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Consumer interests in the regulation of Internet gatekeepers in EU and US competition law
Novák, Matyáš ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
Consumer interests in the regulation of Internet gatekeepers in EU and US competition law Abstract This thesis focuses on the regulation of Internet gatekeepers in EU and US competition law. The aim of the thesis is to compare the rules and legislative proposals on the regulation of Internet gatekeepers from the perspective of protecting the interests of end consumers. The structure of the thesis is divided into five chapters. The first chapter is an introduction to the topic of the thesis. The second chapter offers a brief insight into the relationship between competition law and consumers. This chapter outlines the history of competition law and the consumer in a broader and narrower sense. The second chapter then defines the various consumer interests that are protected by EU and US competition law - price, choice, quality and innovation. The third chapter introduces the individual pieces of legislation examined, namely the European Digital Markets Act and the US federal bills American Innovation and Choice Online Act, Platform Competition and Opportunity Act, Ending Platform Monopolies Act, ACESS Act of 2021, and Open App Markets Act. The fourth chapter is devoted to the actual content of the gatekeeper regulation under review. This chapter is organized into 20 subchapters, 19 of which address the...
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Methodological framework for European regulation of (artificial) intelligence and its limits
Vlasta, Martin ; Tomášek, Michal (advisor) ; Svobodová, Magdaléna (referee)
in English language - Methodological framework for European regulation of (artificial) intelligence and its limits This paper first asses three different approaches to the human condition and arrives at the conclusion that it is exceedingly difficult to presicelly qualify the criteria what makes a natural born human, or a legal entity, a Person in legal sense, apart from the fact we have a strong intuition for it, whereas that intuition is lacking for AI systems. The paper proceeds to establish a definition for AI system for the regulator, one that is practical and functional. One of the key aspects that was identified was the ability of decision-making of artificial systems in any form is the driving force behind the need for regulation. Further more the paper briefly analyses series of documents from various stakeholders that propose their own priorities regarding AI regulation. Furthermore priorities and values laid out in Ethics Guidelines for Trustworthy AI by AI HLEG were highlighted as they are most relevant for the future regulation. Key values revolve around human- centric approach to AI regulation. Next, the paper explores a modification of introduced AI topology and covers various issues as well as proposals for solutions. The paper explores the fundamental terminology and definitions in...
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Collective Actions in Selected Legal Systems from a Consumer Protection Perspective
Nováčková, Daniela ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
Class Actions in Selected Legal Systems from a Consumer Protection Perspective The thesis is dedicated to the topic of collective actions in the new legislation at the EU level (contained in Directive 2020/1828 on representative actions1 ) and in the national legislation in selected EU Member States - the Czech Republic, Poland and Portugal. The aim of the thesis is to examine and evaluate which legislation on collective actions for damages is the most favourable for consumers in the selected EU Member States and thus provides the greatest level of legal protection for consumers. In the case of the Czech Republic, the legislation under examination is that contained in the Draft Act on collective proceedings,2 which has not yet been enacted into law. At the same time, the thesis examines whether the Directive on representative actions at all provides EU Member States with a legal framework allowing them to set up national legislation on collective actions in the most consumer-friendly way. The structure of the thesis is divided into 9 chapters. The Introduction is followed by Chapter 2, which starts by introducing some basic terms in the field of collective actions, such as collective action, opt-in and opt-out systems, etc., of which the understanding is essential for the following chapters....
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