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The acquisition and loss of citizenship of the European Union
Spousta, Pavel ; Navrátil, Petr (advisor) ; Svobodová, Magdaléna (referee)
This thesis deals with the issue of acquisition and loss of citizenship of the Union in relation to acquisition and loss of nationality. After brief introduction of the citizenship of the Union, its historical development, content and its position in current EU law system as well as brief definition of nationality, both in the national and international context, the thesis focuses on significant differences between Member States' regulations of acquisition and loss of citizenship of the Union. Firstly, the theses draws attention to Member States' competence to regulate personal scope of EU citizenship, then it analyses selected Member States' legislation on naturalization conditions and finally, it focuses on the EU law dimension of citizenship-for- sale programmes. At the same time, attention shifts towards Member States' regulations of loss of nationality with the aim to highlight aspects which may be problematic with regard to the loss EU citizenship. After the analysis of the regulations of acquisition and loss of EU citizenship at the Member States' level, this theses examines the limits stemming from the EU law which shape Member State's exclusive competence in the field of nationality. For this purpose, the thesis provides an overview of the CJEU's jurisprudence which deals with the issue of...
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Arbitration Clauses in Bilateral Investment Treaties and their (in)compatibility with EU law
Galis, Daniel ; Navrátil, Petr (advisor) ; Vondráčková, Aneta (referee)
Arbitration Clauses in Bilateral Investment Treaties and their (in)compatibility with EU law Abstract The objective of this Master's Thesis is to critically analyse the Achmea judgment and its repercussions for the compatibility of arbitration clauses in the intra-EU BITs with the EU law. In the first part, the thesis therefore focuses on the judgment itself and identifies the main legal grounds the Court relied upon and contrasts them with the relevant case-law and doctrinal opinions. Firstly, the principle of the autonomy of the EU law is introduced and the applicability of the Article 344 TFEU on the investment arbitration is discussed. Then, it is considered whether an arbitral tribunal established under an intra-EU BIT may be a tribunal within the meaning of the Article 267 TFEU and whether subsequent review of the award by national court may be sufficient to guarantee its compliance with the EU law. Particularly, the thesis focuses on the Court's distinction between the commercial and investment arbitral tribunals. The first part ends with an analysis of the principle of the mutual trust and its role in the Achmea judgment. The second part of the thesis then deals with the development after the judgment. Following a brief introduction into the political shift against the intra-EU BITs which occurred...
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Cross-border data flows from the EU: Data protection and the right to privacy
Pilgrim, Jan ; Svobodová, Magdaléna (advisor) ; Navrátil, Petr (referee)
Cross-border data flows from the EU: Data protection and the right to privacy Abstract This thesis outlines the privacy and data protection concepts, the legal framework of the EU, namely the relevant primary law, including the Charter of the Fundamental Rights, and secondary law, such as the Data Protection Directive and General Data Protection Regulation. It furthermore examines the data protection and privacy regime of the United States with regards to private entities as well as government authorities, giving a focus on the surveillance measures of the latter and their legal basis. With regards to the private entities, the sectorial nature of the US legal regime was emphasized, and the lack of systematic legislation was illustrated. Particular focus was given to known related surveillance measures such as PRISM and Upstream and their legal basis in US law via Section 702 of the Foreign Intelligence Surveillance Act. Recourse mechanisms with regards to data protection rights were detailed and analyzed. The thesis subsequently examines the two former adequacy decisions issued by the Commission, the Safe Harbor and Privacy Shield frameworks, and points out their deficiencies which were assessed in the light of relevant case law, namely the so-called Schrems I. and Schrems II. cases, elaborating on their...
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Abuse of dominance on the internet
Netrval, Daniel ; Navrátil, Petr (advisor) ; Svobodová, Magdaléna (referee)
1 Abuse of dominance on the internet Abstract The topic of the thesis is the traditional competition law delict of abuse of dominant position, but on the internet. The first, theoretical, chapters of the thesis focus on the development of the concept of abuse of dominance in the European Union law during the past decades. Subsequently, they describe the digital market, its specifics and defining characteristics. The next part of this thesis uses this information to describe the specifics of competition law regulation in relation to internet services. In particular, the specifics of the definition of relevant markets and market power are analysed. The practical part of the thesis deals with a case study of two European Commission decisions. Namely, the merger decision in Case COMP/M.7217 - Facebook / WhatsApp and the abuse of dominance decision in Case AT.39740 - Google Search (Shopping). The first decision was chosen because it provides a good example of definition of the relevant markets in relation to internet services, where the Commission had to define the relevant product market based on product characteristics. The antitrust decision is then described in the light of its complexity and the judicial review that has already taken place. It also touches the issue of self-preferencing as, in principle, a...
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Selected issues in technological realization of European data protection
Kubica, Jan ; Navrátil, Petr (referee)
This thesis focuses on the legal regulation of selected aspects of the personal data protection at the European level. Fuelled by the technological progress, this area of legal regulation is becoming increasingly important, as the usage of personal data can be source of both innovation and economic progress, but it also has the potential to negatively impact individuals` rights ("chilling effect"). The thesis analyses the usage of big data and automated individual decision making; both phenomena are assessed through principles contained in GDPR. The aim of the thesis is to, as far as these two phenomena are concerned, evaluate functionality and perspectives of the European regulation. The thesis is, apart from the introduction and the conclusion, divided into three chapters. The first part briefly introduces the concept of the right to the protection of personal data and the fundamental legal framework of the European regulation. This chapter is followed by a chapter focused on the big data, in which, after a necessary technical introduction is made, current practices of data controllers are contrasted with corresponding principles of data protection regulation. Particular attention is also paid to the pitfalls of anonymization. At the end of this chapter, it is concluded that all relevant...
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Abuse of European Union law
Matějec, Martin ; Navrátil, Petr (referee)
Abuse of European Union law Abstract The aim of this dissertation is to analyze the principle of the prohibition of abuse of EU law and its applicability in various areas of EU law. The dissertation focuses mainly on the analysis of the case law of the Court of Justice, which plays a crucial role in defining the principle and the scope of its application. The following research questions are set out in the dissertation: 1) What practice constitutes the abuse of law under EU law?; 2) Does the Court of Justice apply only one single principle of the prohibition of abuse of EU law or does it apply various principles to different areas covered by EU law?; 3) If there is only one principle of the prohibition of abuse of EU law, how is this principle applied in various areas of EU law? Is the principle applied always in the same manner or are there areas of EU law that are subject to a more restrictive application of this principle? 4) What are the legal means that can prevent the abusive practices of economic operators or more precisely what are the legal means that can reduce the abuse of law? In order to answer these research questions the dissertation is divided into five parts. The first part defines the notion of abuse of law and the purpose of the principle of the prohibition of abuse of law, which finds...
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Non-contractual liability of the EU
Navrátil, Petr ; Svoboda, Pavel (referee)
1 Non-contractual liability of the EU Abstract The aim of this thesis is to systemize the history of EU non-contractual liability; to analyse in detail the current concept of non-contractual liability of the EU, including procedural and substantive law aspects; to present a brief comparative analysis of selected national legal systems and their role in the regarding the general principles common to the laws of the Member States (and vice versa to reflect on the influence of EU non-contractual liability and its' possible role in the europeanization of administrative law); to contextualise non-contractual liability of the EU (with regard to constitutional, international and national aspects) and to consider compensation for damages caused by the EU as a tool for (un)effective judicial protection of individuals. Research methods are content analysis and comparison. This thesis is divided into seven chapters. The first chapter is introductory and defines the subject of research, the methods used and terminology. The second chapter deals with an analysis of the current state of professional debate on non-contractual liability of the EU. The main part of the thesis focuses on the identification of problems connected to non-contractual liability of the EU and contextualization of those problems. In that regard...
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Nanosecond laser damage of metallic mirrors
Muresan, Mihai-George ; Pilná, Kateřina ; Čech, Pavel ; Mydlář, Martin ; Vanda, Jan ; Navrátil, Petr
Laser surface processing is an established method to introduce surface functionalities on solid surfaces with the required throughputs for a commercial process. Fabrication of laser induced surface structures in an effective matter is done by laser interaction studies, which reveal the best processing parameters (laser wavelength, fluence, repetition, together with the processing speed and environment). Customized solutions are providing the best yields and they are being implemented faster than ever. However, the optics manufacturers are not being to keep up the pace with the new requirements, so they turn instead on older, but safer technology. In order to get a better understanding of optics capabilities, thorough testing is required. Common laser metallic mirrors, commercially available, are being rigorously tested using a nanosecond Yb:YAG laser and the results are compared with the vendor’s information.\n
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Non-compete clauses in the competition law of the European Union and selected member states.
Klímová, Eva ; Šmejkal, Václav (advisor) ; Navrátil, Petr (referee)
Non - compete clauses in the competition law of the European union and selected member states This diploma thesis is focused on the use and regulation of non-compete clauses in the competition law of the European Union, the Czech Republic and Great Britain. The aim of this thesis is to analyse the applicable regulation and decision-making practice of the relevant authorities concerning the non-compete clauses in the selected jurisdictions, draw a comparison between them and, at the end of each chapter, make an evaluation to what extent does the relevant practice differ on the level of European law, the law of the Czech Republic or Great Britain. The thesis is mainly dedicated to the use of non-compete clauses in lease and acquisition agreements. The first chapter is focused on the theoretical introduction to the matter, containing a short summary of the fundamental regulation and soft law of the competition authorities. The second chapter is centred around the analysis of decisions concerning the non-compete clauses in lease agreements. The individual decisions are examined and compared at the end of the second chapter. The comparison is made by using the division of the anti-competitive agreements to the categories of "object-type agreements" and "effect-type agreements". The third chapter is concentrates...
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