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English as a Lingua Franca from the perspective of Czech people
SVOBODOVÁ, Magdaléna
This thesis deals with the development and global spread of the English language. The main purpose is to examine the prevailing attitude in Czech society towards English as a language which can be used as a tool of communication with people worldwide. The theoretical part begins with an introduction of the concept English as a lingua franca followed by the historical development of English in the context of historical events which have had fundamental effect on the spread of the language. Furthermore, the author outlines the position of English in the Czech Republic. The practical part uses a quantitative survey to examine whether Czech people are aware of the current position of English in the world and to what extent is the knowledge of the language important to them. The survey also focuses on the level of English in the Czech Republic and the willingness of Czechs to use the language. The results of the survey are compared with theoretical findings.
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Problem of so-called social dumping in EU law
Marková, Alice ; Svobodová, Magdaléna (advisor) ; Šmejkal, Václav (referee)
Problem of so-called social dumping in EU law Abstract Social dumping in EU law is becoming an increasingly pressing problem. Due to the creation of the EU internal market and the accession of the new Member States, in particular southern and eastern Europe, social dumping is occurring in many forms in the European Union. Is it possible to prevent social dumping, or by what means can it be minimized? This diploma thesis in its first chapter deals with the definition of social dumping in EU law in general, focusing on social dumping in the form of so-called regulatory arbitrage, both theoretically and practically. In the second chapter, the author presents the development of social policy in the context of the EU internal market, since the interaction between the economic and social objectives of European integration is crucial for the existence of social dumping. This chapter is followed by the case law of the Court of Justice of the European Union in Rush Portuguesa, Viking Line, Laval, Rüffert and Commission v. Luxembourg, which concerns a conflict of fundamental freedoms and fundamental social rights. This chapter discusses how the Court of Justice of the European Union decides in the event of a conflict of these rights. Furthermore, that case-law has a considerable impact on the interpretation of the...
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Mutual Recognition of Qualifications within the European Union
Židlický, Martin ; Vondráčková, Aneta (advisor) ; Svobodová, Magdaléna (referee)
1 Abstract in English Mutual Recognition of Qualification within the European Union The thesis deals with the principle of mutual recognition of qualifications. This is one of the guiding principles concerning the free movement of persons and services. The text of the thesis is divided into three main chapters, which are further divided into subchapters depending on the partial question of the main topic of the chapter. A brief summary of the most important information is included at the end of the main chapters. The first part of the thesis deals with the historical basis for today's legal regulation of mutual recognition of qualifications. The concept of the principle of mutual recognition together with the sources of primary EU law is discussed. Subsequently, the secondary sources of EU law, the directive, which preceded the current form of legislation, are analysed. Finally, the content of the first part includes case law, which gave rise to the principle of mutual recognition and other decisions related to the topic of the thesis. The second part of the thesis is devoted to the current valid regulation of recognition of qualifications. The structure of Directive 2005/36 / EC of the European Parliament and of the Council on the recognition of professional qualifications of 6 July 2005 is described in...
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The principle of ensuring effective judicial protection by Member States in the context of current case law of the CJEU
Kaluha, Štěpán ; Navrátil, Petr (advisor) ; Svobodová, Magdaléna (referee)
The Principle of Ensuring Effective Judicial Protection by Member States in the Context of the Current Case Law of the CJEU Abstract in English This diploma thesis named The Principle of Ensuring Effective Judicial Protection by Member States in the Context of the Current Case Law of the CJEU, deals with the manifestations of this principle in the case law of the Court of Justice, especially with regard to its horizontal dimension which is related to the ongoing judicial reforms in Poland. The objectives of the thesis are to analyse and evaluate the principle of ensuring effective judicial protection, to compare it with the principle of national procedural autonomy and, through the analysis of three recent decisions of the Court of Justice, to identify a new direction in the case law of the Court of Justice after the ASJP decision. The thesis is divided into two parts - theoretical and practical. In the theoretical part, I place the principle of ensuring effective judicial protection by Member States in the broader context of EU law as a general principle of EU law and thus part of primary law. Then I discuss the principle in detail, in particular exploring its definition in the Treaties and in the case law of the Court of Justice, analysing its content and briefly discussing the consequences of its breach...
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Reimbursement of planned cross-border healthcare in the European union and the Czech Republic
Pospíšilová, Alžběta ; Exner, Jan (advisor) ; Svobodová, Magdaléna (referee)
Reimbursement of planned cross-border healthcare in the European Union and the Czech Republic Although the right to reimbursement of planned cross-border healthcare provided in other Member States has been available to European insured persons for many years, its application in practice is still low. One of the obstacles to the free movement of insured persons may be the dualism of the EU acts represented by the entitlements to sickness benefits in kind under the Coordination Regulations and the rights of insured persons under the Directive on the application of patients' rights. The regulation of the EU acts differs in several aspects, including territorial scope, calculation of the amount of costs covered or procedural rules for the insured person's claim. The first objective of the thesis is to clarify the origin of the current legal binary. For this purpose, the first chapter introduces the relevant policy and legal context and the second chapter then discusses the evolution of the EU reimbursement regulation for planned cross-border healthcare. The primary cause of the current dualism appears to be the as yet unresolved question of the nature of planned cross-border care at the level of primary law. The Directive on the application of patients' rights follows the Court of Justice of the...
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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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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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The posibilities of the use of facial recognition technology in the context of personal data protection in the EU
Soukupová, Jana ; Svobodová, Magdaléna (advisor) ; Vondráčková, Aneta (referee)
The Possibilities of the Use of Facial Recognition Technology in the Context of Personal Data Protection in the EU Abstract This thesis focuses on the data protection connected to the use of facial recognition technology in the EU. In particular, the purpose of the thesis is to assess under which circumstances and conditions the use of this technology complies with the GDPR. Marginally, the thesis addresses the risks and benefits of facial recognition technology. The thesis is divided into three parts. The first part examines the general data protection framework in the EU, with an emphasis on the protection of biometric data. The aim of this part is to outline the main legal background regarding the protection of biometric data and the general principles of data processing. In particular, the author criticizes the legal definition of biometric data, which does not correspond to the technological reality, and which may be problematic in the case of the application of Article 9 of the GDPR. The second part of the thesis is devoted to facial recognition technology itself, its different types, and applications. An understanding of the technology itself is crucial within this thesis for the correct application of the legal framework. The author also finds it necessary to examine the reasons why this technology...
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Personal data protection with focus on processing and protection in civil aviation
Hodek, Jan ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
Personal Data Protection with Focus on Processing and Protection in Civil Aviation This diploma thesis focuses on the matter of EU legal regulation of personal data protection and reflects it in the field of civil aviation with focus on commercial air transport, as commercial air transport is at this moment the area of civil aviation where most of the personal data processing and operations with them are made. The goals of this diploma thesis are mainly to describe respective personal data processing in civil aviation and finding out whether GDPR represents an insurmountable legal obstacle for air carriers and civil aviation to operate or whether it is just another complicated act of legislation that air carriers and other entities in civil aviation must reflect. The first chapter of the thesis briefly introduces the history of personal data protection while presenting some of its past and current sources of legislation. Moreover, the first chapter introduces certain legal institutes of current EU personal data protection legislation and draws attention to the continuity and discontinuity of GDPR with the previous one. The second chapter of the thesis provides a short introduction to the topic of civil aviation legislation and describes the relationship between this legislation and GDPR. The...
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Enhanced Cooperation in the EU
Flašíková, Martina ; Svobodová, Magdaléna (advisor) ; Říha, Michal (referee)
Enhanced Cooperation in the EU Abstract The subject of the master's thesis is the concept of enhanced cooperation in the EU. It is one of the key tools for achieving differentiated integration, which is often perceived as the future of the European Union. The thesis is aiming to provide a comprehensive overview of the rules governing enhanced cooperation and its current use in practice. The evaluation of the enhanced cooperation mechanism is carried out mainly by comparison with the intergovernmental cooperation, which is often used as a replacement for enhanced cooperation. The master thesis offers a picture of enhanced cooperation as a mechanism that is imperfect but still provides a better alternative to intergovernmental cooperation. Recommendations for specific steps to improve the current legislation state and therefore to increase the use of enhanced cooperation have been formulated in the conclusion of this thesis.
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