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The Application of the Charter of Fundamental Rights of the European Union by Administrative Courts in France and in the Czech Republic: Comparative Analysis
Mádr, Petr ; Král, Richard (advisor) ; de la Rosa, Stéphan (referee) ; Sehnálek, David (referee)
Title and Abstract: The Application of the Charter of Fundamental Rights of the European Union by Administrative Courts in France and in the Czech Republic: Comparative Analysis This thesis contributes to filling the gap in empirical research on the application of the EU Charter of Fundamental Rights by ordinary national courts, choosing Czech and French administrative courts as its focus. It builds on and goes beyond the existing literature by developing a coherent narrative centred around three key themes in the decision-making of Czech and French administrative courts: the Charter's applicability, its role in the reasoning and its interactions with other legal rules, such as EU secondary legislation, the ECHR and national constitutions. The primary aim is to gather data on when and how these courts give effect to the Charter in their decision-making and to evaluate this data from the three perspectives mentioned. The evaluation is made from two complementary angles. First, and unsurprisingly, it will concern itself with the extent to which national courts comply with the obligations imposed on them by the Charter and EU law. Secondly, and more originally, it will identify patterns in the Charter's treatment by national courts and offer explanations for such patterns. More specifically, it will propose a...
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Takeover of the European Union law into the legal orders of the European Free Trade Association Member States
Spousta, Ondřej ; Pítrová, Lenka (advisor) ; Král, Richard (referee)
Takeover of the European Union law into the legal orders of the European Free Trade Association Member States Abstract This thesis deals with the European Free Trade AssociationMember States' approaches to the European integration and examines primarily its legal aspects. The four states, consisting of Iceland, Lichtenstein, Norway and Switzerland, endeavour especially to participate in the EU's internal market, what they reach by two different tools. Meanwhile to the three first- mentionedstates were e.g.the so-called"Four Freedoms" of the single market extendedthrough the Agreement on the European Economic Area (EEA), which apart from these countries comprises of EU Member States, Switzerland took its own, specific path of sectoral bilateral agreements,which it concluded with the European Union, eventual also with EU countries. The thesis first deals with the history and functioning of the EFTA, which is common to all four states and then analyses at first the EEA law model and afterwards the Swiss bilateral agreements, evaluating both regimes in relation to each other. The thesis in both cases of integrationshows the scope of cooperation,its institutional frameworkandalsothe procedures, through which the EFTA States take over the EU law. It also reveals whether and in what ways the EFTA States can...
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European Citizens's Initiative
Bartovic, Vladimír ; Král, Richard (advisor) ; Svobodová, Magdaléna (referee)
European Citizens' Initiative Ing. Vladimír Bartovic This thesis deals with the European Citizens' Initiative (ECI) - an instrument of participatory democracy, which for a decade has allowed European Union citizens to influence the legislative process by asking the European Commission to submit a legislative proposal. The aim of the thesis is to evaluate the implementation practice of the European Citizens' Initiative in the context of the case-law of the General Court and the Court of Justice of the EU and to analyse the new regulation on the European Citizens' Initiative. The thesis analyses reasons that led to the creation of the European Citizens' Initiative - especially the question of the existence of a democratic deficit. It analyses the embedding of the ECI in the primary law of the Union and compares it with other instruments of participatory democracy and similar institutes of the indirect legislative initiative available to the European Parliament and the Council. The thesis briefly deals with the first ECI regulation from 2011, its legislative process and its implementation at the national level. The core part of the thesis is the analysis of the application of the regulation in practice. It provides an overview of initiatives and summarises the positions of EU institutions, civil...
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Replacement of directives with regulations on the example of legislation concerning protection of personal data within the EU
Suchanová, Kateřina ; Svobodová, Magdaléna (advisor) ; Král, Richard (referee)
The objective of the master thesis Replacement of directives by regulations on the example of personal data protection legislation in the EU is to describe the process of simplification of EU legislation based on the study of relevant political and legislative texts, especially with emphasis on the process of replacing directives by regulations. The first part of the master thesis focuses on the development of the process of simplification of the EU acquis, and then on the analysis of regulations that have been adopted since the late 1980s, and which partially or completely replaced the regulation contained in the directives. Based on the analysis of the proposals and the preambles to the adopted regulations, the reasons for the replacement were subsequently specified. The reasons are further categorized and described. The main research question in this part of the master thesis was to determine whether the replacement of directives by regulations is an appropriate tool used to simplify European Union legislation, whether it eliminates problems that may arise during the implementation of directives governing the issue and what are the main reasons that are specified by the EU legislators as a justification for the adoption of a new replacement legislation. In the second part, the master thesis...
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Omission of EU's member states leading to the liability for damage
Škarpichová, Jarmila ; Svoboda, Pavel (advisor) ; Král, Richard (referee)
OMISSION OF EU's MEMBER STATES LEADING TO THE LIABILITY FOR DAMAGE RESUMÉ This thesis deals with the responsibility of the member states of EU for damages caused by failure of member states. Both problems are solved in this work, as general requirements for liability relationship, as description of these failures modes with numerous references to case law of the European Court of Justice. Indeed, case law represented a huge range of sources for this thesis. To sum up the work into several points, we can start by making a breakthrough in the issue of liability in the European Union which Francovich case meant. This case established the rule that it is the responsability of member states to implement EU law properly and in time and provide protection to the rights that follow these standards. This rule was followed by other cases which are called "the first generation of cases liability" by many authors. Typical liability sentence: unlawful act (caused by the EU's institution), the damage suffered by the other party and the causal nexus, was subsequently supplemented by the Schöppenstedt criterion, which established the rule that during the process of adopting EU's legislation must be sufficiently serious breach of the law standards, which serves to protect the individual. The last unification of the...
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European citizens' initiative
Šíp, Matěj ; Král, Richard (advisor) ; Pítrová, Lenka (referee)
The very purpose of the thesis is to describe and give the legal analysis of the European Citizens' Initiative, which is the new part of European law. Subject matter of the first part of this thesis is deeply discussed democratic deficit in relation to citizens' initiative, which is followed by description of the direct democracy in Swiss Confederation and Slovakia. Introducing of main events and documents leading to the final EU regulation is also part of this thesis. The most important part is thereafter analysis of admissibility conditions of the citizens' initiative, necessary requirements and procedural rules while applying the regulation mentioned above. Significant attention is also paid to the role of the EU Commission, particularly when registering the citizens' initiative according to the regulation and potential consequences of non-registering. In addition, thesis deals with the nature of citizens' initiative and its relation to the EU Commission.
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