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Proceedings for infringement of the TEU by the Member State and its changes after the Lisbon Treaty
Starostová, Klára ; Zemánek, Jiří (advisor) ; Svoboda, Pavel (referee)
The aim of this thesis is to give a detailed overview of the functioning and effectiveness of one of the main instruments which EU has to enforce and control the application of the EU law by its Member States, which are the infringement proceedings for breaching of the EU law in its newest form as provided by Art. 258 - 260 of the Lisbon Treaty. The thesis contains also two issues related to the main topic, the state liability for the breaching of the EU law towards individuals and the preliminary ruling with accordance to the art. 267 of the TFEU. Another part of the thesis is a detailed consideration of the EU Pilot Project, which should serve as a platform for better cooperation between the Member States and the Commission.
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Principle of primacy in the case law of the European Court of Justice, the European Court of Human Rights and certain courts of member States
Kukliš, Tomáš ; Svoboda, Pavel (advisor) ; Zemánek, Jiří (referee) ; Ruffer, Emil (referee)
161 Abstract In this dissertation we are trying, on the basis of decisions of various courts, to outline the development of the principle of primacy doctrine in the European legal environment. It would be difficult to overestimate the importance of the principle of primacy for the proper operation of the European Union today. If member states had the power to ignore an act of the European Union by adopting or giving precedence to a provision of national law, no uniform and coherent European legal order could exist. The principle of primacy was developed nearly fifty years ago by the Court of Justice in its case law for furthering this very end. But European Union law is just one of many legal orders operating within European states. At the same time there are national law, international law, and other legal orders derived from it, particularly European Union law and Council of Europe law, on the territory of member states . In selecting decisions, we were careful to include as many as possible mutual relations among these legal orders. For objective reasons, the relationship between European Union law and national law is the most represented. The roots of the doctrine of direct effect of the provisions of the EEC Treaty and its precedence of application can be traced back to Van Gend en Loos and Costa...
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Distribution, diversity and ecology of benthic desmids along local spatial scale
Svoboda, Pavel ; Šťastný, Jan (advisor) ; Řeháková, Klára (referee)
Besides spatial heterogeneity, an important component of diversity of the protist communities is also the variation in species assemblages through time (temporal turnover). Spatial and temporal variation in patterns of distribution and abundance of lentic microphytobenthos assemblages is often large and occurs at relatively small spatial scale. Desmids (Zygnematophyceae) often constitute a characteristic part of the microphytobenthos of peat bogs. Despite their important role in primary production and fact that they are useful indicators of ecosystem uniqueness, investigations of their seasonality and spatial distribution are scarce. In my thesis I have investigated if desmid epipelic communities are driven rather by neutral or niche-based processes, and I also focused on the factors affecting their diversity, seasonal dynamics and spatial patterns at the local spatial scale. The study was conducted at the two different types of biotopes - minerotrophic lowland peat bogs (Doksy region) and ombrotrophic raised bogs (Jizera Mountains region). Seasonal changes in species composition and diversity of assemblages were not evident. This may be affected by a monopolization effect and also that local abundance of species was positively correlated with population persistence, which suggests that high local...
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Arbitrability of anti-competitive agreements in the law of the European Union
Pavelka, Tomáš ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
In the past, an Irish barrister and arbitrator James Bridgeman remarked that the arbitration of competition law is a meeting of two black arts. This perception has not changed since and yet, the adjudication of anti-competitive agreements in arbitration is an everyday event of real life. This thesis, after a brief summary of history of arbitrability of competition law, picks specific issues closely tied to current practical problems that arbitrators must face. First, whether arbitrators should consider themselves as being under obligation to raise competition issues of their own motion (ex officio) during arbitration proceedings, secondly, whether national courts of the EU Member States must automatically set arbitral awards in breach of competition rules aside and thirdly, whether arbitrators are in a good position to address complex antitrust questions properly and whether they can receive some help from the official competition authorities entrusted with primary enforcement of antitrust law. Mainly EU law will be covered here albeit with few brief excursions into particular problems of national law of the Czech Republic, to which this thesis endorses relevant solutions.
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Current issues of consumer protection in electronic communication
Černá, Milena ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
Consumer protection is an issue affecting a very broad group of citizens of the European Union. EU reflects customer protection in all its policies. I have focused on electronic communication because of my work experience in that field. In my thesis I am trying to compare my experience with valid legislation. In addition, electronic communication services are used by European consumers every day widespread through society. I have tried to follow the development of EU legislation in electronic communication sector focusing on consumer protection. This topic is very closely connected with price regulation and the whole situation on the electronic communication market. My goal is to define main problems of legislation by using case law and my knowledge from practice. In the first chapter of my thesis, I focus on general consumer protection in EU, which is applicable to all contracts concluded by consumers (unfair terms, contracts negotiated away from business premises etc.). I am pointing out issues I encountered in practice. I also compare implementation of EU legislation by EU member states. Second chapter of my work is concerned with EU regulatory framework of electronic communication valid from 2003 to 2009. I aimed at legislation related to consumer protection. I focused on main problems of the...
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An impact of the recent economic crisis upon the control of mergers of competitors in the EU
Bartoš, Petr ; Šmejkal, Václav (advisor) ; Svoboda, Pavel (referee)
An impact of the recent economic crisis upon the control of mergers of competitors in the EU The purpose of this thesis is to analyse an impact of the recent economic crisis upon the control of mergers of competitors in the EU. It is established as an initial hypotheses that the economic crisis had considerable impact upon the EC merger control. The thesis is composed of six chapters, each of them dealing with different aspects of the above mentioned topic. Chapter One is introductory and defines basic terminology used in the thesis. The chapter is subdivided into two parts. Part One describes pre-crisis legal framework of EC merger control. Part Two deals with dominant pre-crisis theoretical approaches towards EC merger control. Chapter Two examines origin and development of the recent economic crisis, various regulatory responses to it, as well as the joint action of EU Member States towards dealing with consequences of the economic crisis. The chapter consists of seven parts, last one of them attempts to compare current situation in the EU with historical example of US antitrust enforcement during national crises. Chapter Three is focused on the impact of the recent economic crisis on EC merger control. It is subdivided into nine parts and provides an outline of the consistency on the principles...
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Selected Aspects of Private Enforcement of Competition Law
Navrátil, Petr ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
Title: Selected Aspects of Private Enforcement of Competition Law The purpose of the study is to analyse and compare selected provisions and legislative proposals regarding to the rules of evidence and locus standi as they are codified in Federal Rules of Civil Procedure and in Czech Rules of Civil Procedure as well as selected aspects of Private Enforcement of Competition Law in UK. It should be stressed the fact that the rules of evidence and locus standi are seen through a prism of antitrust claims for damages. The study is composed of six chapters, each of them dealing with different aspect of Private Enforcement of Competition Law. Chapter One is introductory and defines basic terminology used in the study. Chapter Two focuses on legal basis for antitrust claims for damages. Chapter Three consists of three parts. Part One focuses on locus standi issue in US Law. Part Two is an analysis of proposals of EU Commission as well as relevant judgements of Court of Justice of European Union. Partial conclusions are drawn in Part Three. Chapter Four consists of three parts. Part One investigates the principles of rules of evidence as they are codified in Czech Law. Part Two discusses the American attitude to rules of evidence. Partial conclusions are drawn in Part Three. Chapter Five consists also of...
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Anizotropic magnetic properties of the tetragonal R2TIn8 compounds
Pajskr, Karel ; Javorský, Pavel (advisor) ; Svoboda, Pavel (referee)
This thesis deals with termodynamic and magnetic properities of the intermetalic compound Er2RhIn8. This compound is a member of the wide intermetalics family of RX3, RTX5 and R2TX8, crystallizing in related structures and having non-trivial magnetic properities and phase diagrams, including the Ce-based heavy-fermion superconductivity. The thesis is a part of the broader research of these compounds. Single Er2RhIn8 crystals were prepared from flux with their stoichiometry and structure verified by energy-dispersive X-ray spectrometry and Laue method, respectively. Heat capacity and magnetization measurements were performed on the produced crystals and the measured data were analyzed. As a result, the compound was classified as antiferromagnetic under the order temperature of 3,8(1) K with an easy magnetization axis of [110] and relatively low magnetocrystalline anisotropy. Heat capacity measurements indicate a relatively small splitting of the energy levels of the rare-earth ion ground state due to the crystal field.
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Duality of the legal regulation of a dominant position in EU competition law
Pavel, Jan ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
Résumé The presented work addresses the issue of the double-tracking nature of a dominant position in European competition law. The aim of the integration efforts during the establishment of the EU was the creation of an internal market, especially the customs union. In order to achieve this state, it was necessary to take a number of integration measures and create a legal framework, i.e. conditions, under which economic competition in the internal market could operate effectively. In this context a variety of legislation valid for the whole EU territory has been accepted. However, in the context of the economic competition this work analyzes the legislation on market dominance carried out first in Article 102 of TFEU (Treaty on the Functioning of the European Union) prohibiting restrictive business practices in the form of abuse of a dominant position and also in Council Regulation (EEC) No 4064/89 and later in Council Regulation (EC) No 139/2004 regulating the control of concentrations between undertakings. In case of both the legislations the crucial question is the "dominant position" of an enterprise in the market, while Article 102 of TFEU represents the ex post control, i.e. applies only to the possible abuse of the dominant position, and in this sense the dominant position itself is not the...
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Duality of the legal regulation of a dominant position in EU competition law
Pavel, Jan ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
Résumé The presented work addresses the issue of the double-tracking nature of a dominant position in European competition law. The aim of the integration efforts during the establishment of the EU was the creation of an internal market, especially the customs union. In order to achieve this state, it was necessary to take a number of integration measures and create a legal framework, i.e. conditions, under which economic competition in the internal market could operate effectively. In this context a variety of legislation valid for the whole EU territory has been accepted. However, in the context of the economic competition this work analyzes the legislation on market dominance carried out first in Article 102 of TFEU (Treaty on the Functioning of the European Union) prohibiting restrictive business practices in the form of abuse of a dominant position and also in Council Regulation (EEC) No 4064/89 and later in Council Regulation (EC) No 139/2004 regulating the control of concentrations between undertakings. In case of both the legislations the crucial question is the "dominant position" of an enterprise in the market, while Article 102 of TFEU represents the ex post control, i.e. applies only to the possible abuse of the dominant position, and in this sense the dominant position itself is not the...
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