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Buyer Power and its Abuse in European Law
Musil, Aleš ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
This rigorosum thesis entitled "Buyer Power and its Abuse in European Law" deals with the analysis of buyer power in European law from the perspective of legal theory (part one - theoretical) and analysis of legislative aspects of the abuse (part two - practical). Attention is paid to the perspective of European law on the issue of buyer power and its abuse, both from the perspective of competition law and of the concept of buyer power, primarily pursuing objectives other than competition on the market. In my rigorosum thesis, I address the issue of market buyer power as a concept different from both market seller power and purchasing power, which refers to the extent to which consumers or firms have available money for spending and consumption. The concept of market power has in fact two branches - seller power and buyer power. In my thesis, I prove that (i) they cannot be viewed as a mirror image and (ii) that buyer power is an umbrella concept covering monopsony and bargaining power. Buyer power as the umbrella concept is a buyer's ability to exert pressure on its suppliers so as to lower prices or extract other concessions in two forms - monopsony and bargaining power. Monopsony power is an inefficient purchasing behaviour that involves withholding demand to decrease the purchasing price paid...
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The right to be forgotten in the context of a modern concept of personal data protection
Denemark, Jaroslav ; Svobodová, Magdaléna (advisor) ; Scheu, Harald Christian (referee)
1 Thesis title The right to be forgotten in the context of a modern concept of personal data protection Abstract The main topic of the thesis is the analysis of the right to be forgotten and its place in today's digital world and information society. In particular, the author discusses a different approach to the protection of personal data in Europe, in the United States of America and in Argentina within the context of the conflict between right to privacy and freedom of expression and right to free access to information. The author describes different conceptions of significance of these rights and different value ladder in connection in their mutual assessment. Based on outlining the different approaches to aforementioned rights, the author examines the inclusion of the right to be forgotten within these legal cultures and consequently examines different forms of the right to be forgotten. Such forms are introduced in the context of privacy rights in the European union and presented in the way, how the legislation has been developing as the privacy laws evolved. Author closely examines the case-law of the Court of Justice of the European Union which is focused on right to be forgotten. Attention is also paid to the practical implementation of the right to be forgotten in accordance with the judgement of...
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The Right to be Forgotten in the European Union Law
Bolková, Edita ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
The Right to be Forgotten in European Union Law Abstract Aim of this thesis was to analyze a rising legal institute called 'right to be forgotten' and to find an appropriate place for substantive form of this right in European Union law (or out of it). This paper explains the term 'right to be forgotten' and puts it into historical and international law context. It was necessary to analyze a term 'privacy' and its conflict with the right to freedom of speech and expression. From this point of view, the groundbreaking judgement of the Court of Justice of the European Union from 2014 in Google Spain case comprising arguments in support of balancing these fundamental rights for the first time set the parameters of the right to be forgotten. The Google Spain case indicated conceptual changes concerning the right to be forgotten in the EU legislature headed by the GDPR effective as of 2018. Loud criticism against the European Commission's idea of the right to be forgotten declares how controversial this legal institute is. Article 17 of the GDPR as the most questionable provision of the regulation is finally called 'Right to erasure ('right to be forgotten')' which is an obvious compromise in order to satisfy both the critics and the Commission. Many professionals consider the right to be forgotten as an...
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The right to be forgotten in the context of a modern concept of personal data protection in the EU and the USA
Denemark, Jaroslav ; Svobodová, Magdaléna (advisor) ; Scheu, Harald Christian (referee)
Thesis title The right to be forgotten in the context of a modern concept of personal data protection in the EU and the USA Abstract The main topic of the thesis is the analysis of the right to be forgotten and its place in today's digital world and information society. In particular, the author discusses a different approach to the protection of personal data in Europe and in the United States of America within the context of the conflict between right to privacy and freedom of expression and right to free access to information. The author describes different conceptions of significance of these rights and different value ladder in connection in their mutual assessment. Based on outlining the different approaches to aforementioned rights, the author examines the inclusion of the right to be forgotten within the two legal cultures and consequently examines different forms of the right to be forgotten. Such forms are introduced in the context of privacy rights in the European union and presented in the was, how the legislation has been developing as the privacy laws evolved. Author closely examines the case-law of the Court of Justice of the European Union which is focused on right to be forgotten. Attention is also paid to the practical implementation of the right to be forgotten in accordance with the...
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Protection of a child as a subject of human rights within the scope of international and European Union regulation of international abductions
Kozáková, Jana ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
The diploma thesis is entitled "Protection of a child as a subject of human rights within the scope of international and European Union regulation of international abductions" and deals with the position of a child within the legal norms governing human rights, children's rights and international child abductions. The thesis examines how a child is viewed, whereas as an object or as a subject of rights. The thesis is divided into three chapters, which gradually move from a general explanation of the basic concepts to the specific regulation of the child's position within the framework of international child abductions. The first chapter defines the basic concepts of the object and subject of human rights, generally analyses the position of a man as a subject of international human rights regulation and subsequently the position of a child as a specific category of human rights protection. Finally, the first chapter answers the question of how the concepts of object and subject of human rights differ. The second chapter deals with the legal standards governing the protection of human rights with the emphasis on the protection of the child as a human rights subject. The presented legal standards are analysed from the perspective of the regulation of children's rights and international child...
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Access to big data under the "refusal to supply" case-law of the Court of Justice of the EU
Ochodek, Tomáš ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
Access to big data under the "refusal to supply" case-law of the Court of Justice of the EU Abstract This thesis deals with the topic of access to the so-called big data from the perspective of EU competition law. The thesis deals with the question whether and if so, to what extent it is possible to use the so-called "refusal to supply" case-law created by the Court of Justice of the EU to gain access to big data held by a dominant undertaking. The thesis finds that, under certain conditions, it is possible for all necessary steps to be fulfilled to allow one undertaking to request access from a dominant undertaking to big data under the control of that undertaking. This thesis therefore firstly discusses what factors affect the so-called online platforms, which can often find themselves in the position of dominant undertakings in terms of access to big data. The thesis analyses the effects of the so-called network effects, the impact of data analysis on their efficiency and the issue of the so-called multi-sided markets in connection with the position of online platforms. Subsequently, an assessment of the individual steps which, in summary, lead to the classification of the behavior of a dominant undertaking as an abuse of its dominant position by refusing access to big data is conducted. From the point...
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Enhanced Cooperation in the EU
Černý, Filip ; Svobodová, Magdaléna (advisor) ; Král, Richard (referee)
Enhanced Cooperation in the EU Abstract Enhanced cooperation has been a widely discussed in the context of the further possible development of the European integration and its direction. It represents a mechanism which introduces elements of flexible integration into the EU law. This thesis aims to provide a complete view of the process of enhanced cooperation. The first part focuses on the definition of flexibility and its theoretical concepts. The following parts of the thesis are then fully focused on enhanced cooperation as a specific legal instrument regulated by the Treaties. First of all, it mentions its historical development from the Treaty of Amsterdam to the Treaty of Lisbon and the changes it has undergone. After that there is the analysis of the legal provisions on enhanced cooperation itself. It discusses the whole process of establishing enhanced cooperation and the conditions necessary for that. There are also discussed special rules for activation of enhanced cooperation in the area of the common foreign and security policy and the police and judicial cooperation in criminal matters. Furthermore, a substantial part of the work is devoted to the application of enhanced cooperation in practice. Five cases of enhanced cooperation established so far are analysed in that part. In each case, the...
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Relocation as a solution to the EU migration crisis
Škapová, Lucie ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
1 Relocation as a Solution to the EU Migration Crisis Abstract Asylum law has traditionally been perceived as a sensitive area of state policy. For this very reason, for a long time, it was mostly excluded from the process of European integration. However, the development of the internal market and the removal of internal borders have ultimately necessitated some degree of harmonisation of asylum and migration policies amongst the Member States. Consequently, there have been several major increases in EU competence in the field of asylum and migration since the 1990s. This has eventually led to the creation of the Common European Asylum System (CEAS). Yet, a prolonged lack of political will to introduce a major reform of the CEAS and to duly implement the principle of solidarity has over the years resulted in serious systemic deficiencies. These defects, in particular the uneven distribution of responsibility between the Member States, have fully shown during the EU migration crisis. This far-reaching crisis has translated into several ad hoc solutions, including the use of an emergency EU competence to adopt temporary measures under Art. 78(3) SFEU (ex Art. 64(2) TEC), which had not been used until then. The adoption of two Council relocation decisions in September 2015 has raised numerous legal questions...
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The transformation of editorial routines in the online media in consequence of the expanding video content
Svobodová, Lucie Magdalena ; Géla, František (advisor) ; Němcová Tejkalová, Alice (referee)
The aim of this thesis is to analyse videocontent on three Czech online media and describe how owing to video production the journalistic routines have changed. Because of growing videocontent on the news websites journalists often have to master skills which were not necessary for their work before so their work routine is being changed. In the newsrooms which produce videocontent there is a higher level of multiskilling - the workers often have to do more tasks altogether. Except for these changes the author focused also on the journalists and how they see the changes of journalistic routines themselves and whether they like them or not. Among the explored online media there were Seznam Zprávy, Deník.cz and Blesk.cz. The method of the research was a content analysis and semi-structured interviews with journalists from the chosen newsrooms. The results show that because of expanding videocontent the journalistic practices indeed have changed, which the journalists are getting used to though, and some of them even appreciate the higher level of multiskilling.
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Consumer Protection under EU Law
Piklová, Eliška ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee) ; Forejtová, Monika (referee)
Consumer Protection under EU Law - Abstract This paper discusses consumer protection legislation on the level of EU law and its development. This paper focuses on identifying areas affected by consumer protection law. It also strives to define the nature and position of the set of consumer protection rules in the system and then to define further trends in the development of consumer protection law in the EU. Finally, it attempts to identify both gaps in consumer protection and any problems that can arise from excessive regulation in favour of consumers. Several initial thought (theses, hypotheses) were the impetus for writing this paper, and the paper aims to confirm or refute them (in addition to fulfilling the primary objectives above). The first is the problem of the non-existence of a universal definition of consumer in European law and the idea that this fact does not cause any major problems in practice. The second initial thesis is the assumption that consumer protection legislation is excessive. The third thesis, which ties on to the second, is that despite the great number of legal norms, consumers do not have a specific procedural standing in legal proceedings, which leads to a factual weakening of their protection. The last thesis rests on the opinion that the future and direction of consumer...
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