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Competition Protection in Network Industries
Zajíček, Miroslav ; Tomášek, Michal (advisor) ; Bažantová, Ilona (referee) ; Ježek, Tomáš (referee)
Title: Competition Protection in Network Industries Abstract: I provide description of relevant markets within electroenergy industry in European countries since after liberalization movements of the last 20 years the development of these markets open new issues in antimonopoly legislation to be passed and in antimonopoly practice to be solved. The key term of any antimonopoly issue is the relevant market. Hence, its definition as provided by case law of European Commission and European Courts is crucial for companies as well as regulators to understand in order to be able to pursue their activities. As I show, after 20 or so years, the countries of the EU at least in electroenergy area are no closer to the Single Market as they were at the beginning of 90s before liberalization of electricity markets began and there is no sign of improvement for year to come. This thesis provides an overview (the tools and analyses) that can be used to explore individual national relevant markets in the area of electroenergy business. For further research it is worth exploring detailed analysis of relationship between price development and degree of competition, phasing of market opening, protection of small consumers and RES support within individual national energy systems. Keywords: competition, competition law and...
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Eurojust and the institutions of criminal cooperation in the EU
Hlatká, Daniela ; Tomášek, Michal (advisor) ; Herczeg, Jiří (referee)
This thesis analyzes Eurojust (The European Union's Judicial Cooperation Unit) and its relations with other institutions of European cooperation in criminal matters such as Europol (European Police Office), OLAF (European Anti-Fraud Office), European Judicial Network and educational institutions- European Judicial Training Network (EJTN) and European Police College (CEPOL). The first chapter deals with general information about judicial and police cooperation in criminal matters in the EU. It summarizes its history and discusses differences between the first and third pillar of the European Union and mentions the changes after adoption of the Lisbon Treaty which abolished the pillar structure. And thus communitarization of the third pillar has been made that has allowed deeper cooperation in criminal matters in the EU. Chapter Two describes Eurojust as a crucial institution of judicial cooperation in criminal matters in the EU. There is presented the history of Eurojust, its mission, tasks and organizational structure. The last part of this chapter is about the future of The European Union's Judicial Cooperation Unit, especially focuses on the possibility of establishing the European Public Prosecutor's Office from Eurojust. Next chapter concerns Eurojust's relations with other institutions of...
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Reception of Western law into the Japanese constitutional system
Mešková, Martina ; Tomášek, Michal (advisor) ; Tretera, Jiří Rajmund (referee)
The purpose of this thesis is to show the influences of the European and Anglo-American law, also called "western law", on the Japanese constitutional system. Even though the theme is rich and interesting, there is a lack of written works in Czech language on this topic, so I decided to produce a work that could offer an overview and serve as a guide to this subject. The thesis combines topics of constitutional law and legal history, while taking note of current circumstances as well. The thesis is divided into two chapters. First chapter examines The Constitution of the Empire of Japan, also known as Meiji constitution, the second chapter explores The Constitution of Japan, the postwar constitution from 1946. These chapters are further divided into smaller parts. First parts of both chapters deal with historical circumstances in Japan that resulted in the adoption of the constitutions, and the dramatic changes in political situation that called for new constitutional documents - be it the fall of the shogunate and unequal treaties in the case of Meiji constitution or Japan losing in the Second World War in the case of the postwar constitution from 1946. Second parts analyze the content of the constitutions and point out sections with western inspiration, or incongruities between the inspirations,...
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Prudential Supervision of credit institutions according to legal acts of European Communities
Nebeský, Štefan ; Tomášek, Michal (advisor) ; Dřevínek, Karel (referee) ; Kohajda, Michael (referee)
The purpose of the presented thesis is to analyse the developments of the regulatory framework relating to the taking up and pursuit of the business of credit institutions within the European Union (EU). One of the main reasons for this research is the development of the regulatory framework in the aftermath of the financial crises which showed its destructive effects after the financial collapse of Lehman Brothers in September 2008. The EU regulatory respond to the crisis led to the establishment of the new European System of Financial Supervision (ESFS). The new regulatory framework affects not only the role of the national standard setters and the work of national supervisory authorities but also rights and duties of all regulated and supervised entities of the financial market. The thesis is composed of five chapters. Each of them is dealing with the development of the regulatory framework concerning technical instruments of prudential supervision in the area of credit institutions. The introductory Chapter One defines instruments of prudential supervision which are applied by credit institutions and their supervisors under the present so- called Capital requirement directives (CRD). Chapter Two describes the evolution of the process of harmonisation in the area of credit institutions. The...
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Measures of the EU in the area of air traffic facilitiating the free movement of persons, goods and services - the Single European Sky
Pysk, Vladimír ; Tomášek, Michal (advisor) ; Ondřej, Jan (referee)
This diploma thesis is dedicated to the European Commission's project known under the name Single European Sky which pursues an objective to reorganize the current European airspace structure for the more efficient provision of air navigation services purposes. As an introduction, the author sets himself the goal to acquaint the reader with relevant international organizations in the field of civil aviation, introduce him in a general way into the provision of air navigation services' issues, including the situations when these services are being provided across the national boundaries. Following this general reading, the thesis fluently moves on to its main subject matter which is the Single European Sky initiative. An attention is focused on the state of European airspace before the initiative has been launched as well as the preparatory works which resulted in the adoption of the first SES legislative package. The following chapter presents the basic legal framework regulating the Single European Sky as amended by the adoption of the second legislative package. Principal part of the thesis is comprised in the next chapter dealing with the process of project's implementation. Within its framework, the reader's attention is turned, inter alia, to such crucial issues as the national supervisory...
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Consumer protection in financial services under European law
Přibyl, Tomáš ; Tomášek, Michal (advisor) ; Zemánek, Jiří (referee)
The Consumer Protection in Financial Services under European Law As a subject of my thesis, I chose the theme of consumer protection in financial services under European law. I have chosen this theme deliberately as I do meet with the issue of consumer protection in the area of finance every day at the working level, because I work in Consumer Protection Department of the Czech National Bank (hereinafter referred as to "ČNB"). The independent consumer protection department has practically launched its activity in the August 2008 as a result of the transfer of necessary powers made under an amendment of Act No. 6/1993 Coll., on the Czech National Bank and Act No. 634/1992 Coll., on Consumer Protection. Under these new powers the ČNB accepts suggestions, complaints and other consumer submissions concerning financial entities which are subject to the ČNB supervision. My aim was to include consumer protection in financial services, in the way it is undertaken in the European Union, to the context of supervision rules, which are performed by our national supervisor. The thesis is divided in seven main chapters. The introduction describes primary objective and structure of the work. In the second part, I essayed to generally describe consumer protection in the EU, to briefly identify and define concept of a...
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Procedural aspects of mediation in EC law
Rivera, Eva ; Tomášek, Michal (advisor) ; Pauknerová, Monika (referee) ; Zavadilová, Marta (referee)
Procedural aspects of mediation in EC law Eva Rivera, 2011 1 Abstract The objective of this dissertation is the determination of the significance of procedural aspects of mediation and the answer to the question to what extent it has been considered within European Union law. The research is based on the assumption that the acknowledgment of a procedural relevance of mediation is crucial for its overall effectiveness. Mediation is besides its feature as a communication technique becoming ever more important as a dispute resolution procedure for civil and commercial conflicts in Europe. In this context the role of mediation within and in relation to other procedures for the resolution of disputes has to be considered. While on one hand the terminology and the differences between mediation and other forms of Alternative Dispute Resolution (ADR) as well as certain judicial attempts of settling disputes may not always be easily determined, on the other hand, it can be stated that the ADR form of mediation is beyond its early stages and clearly shows its own procedural relevance. The comparison of European national jurisdictions in the field of mediation leads to a core definition of mediation as a voluntary process where a third person without the authority to pass a binding decision over the dispute between...
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Constitution for Europe
Feichtinger, Jiří ; Jirásková, Věra (advisor) ; Tomášek, Michal (referee) ; Klíma, Karel (referee)
of Content and Conclusions of Dissertation Constitution for Europe JUDr. Jiří Feichtinger The central subject-matter of the dissertation is the assessment of the Treaty establishing the Constitution for Europe ("constitutional treaty") and the co called founding treaties, i.e. the Treaty on European Union and the Treaty on the Functioning of the European Union ("founding treaties") from the viewpoint of the constitutional law and the general theory of state. From the same viewpoints I also examine the nature of the European Union itself. When choosing this topic of my dissertation I was inspired by ever growing discussions on the extent of the European integration and its purpose, whether it is at all necessary, and whether the European Union is becoming a state or rather remains an international organization sui generis. I am trying to answer, to what extent the content of the constitutional treaty corresponded to its name and whether this document could at all be called a constitution; the same question is being answered with regards to the founding treaties. I further examine, whether the constitutional and/or the founding treaties lead to the united Europe as perceived not only within the notion of the European integration, but also by the general theory of state, i.e. whether these treaties...
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Legal aspects of the accession of Croatia to the European Union
Humplíková, Kateřina ; Tomášek, Michal (advisor) ; Pítrová, Lenka (referee)
Legal aspects of the accession of Croatia to the European Union Abstract The EU enlargement policy is a fundamental instrument of the EU's foreign and security policy that enables Union to achieve its goals such as creating a common area of peace, stability and prosperity. Since the Western Balkans has experienced an armed conflict in the recent past and since these countries are direct neighbors of the European Union, the Balkan region represents an essentially important area in the strategic plans of the EU. The European Union as well as the Western Balkans' countries strives for the full integration into the European structures. In the context of the ongoing post-war reconstruction in the region Croatia's accession into the EU represents a significant historical moment. Croatia has already passed through the whole accession process and can act as a model example for other Balkan countries. In this thesis author mainly aims to map in detail the course of the accession process in general and understand the specifics of the Croatian accession in the context of the European policy towards Western Balkans. Although the EU has set down the accession criteria and procedural rules, accession process of every candidate state is different and depends on the actual situation of the country in question. This thesis...
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Protection of Right to Fair Trial in Relation to Preliminary Ruling Proceedings
Němečková, Petra ; Tomášek, Michal (advisor) ; Král, Richard (referee) ; Smolek, Martin (referee)
v anglickém jazyce - English abstract Protection of Right to Fair Trial in Relation to Preliminary Ruling Proceedings Right to fair trial is one of fundamental human rights, which enables individuals to effectively invoke their rights and freedoms before a lawful, impartial and independent court. In Europe, the protection of this right is guaranteed at a multi-layer level, whose layers interact: first layer is formed by constitutional orders of individual States, second layer by institutions of European Union, in particular the Court of Justice of the European Union, and a third one, that of the European Court for Human Rights. In the European Union, the Treaties have introduced the mechanism of preliminary ruling with the aim of preserving unity within the Union and of ensuring coherent interpretation and application of European law by the courts of the Member States. Preliminary ruling proceedings ensure effective cooperation between national courts and the Court of Justice of the European Union. Art. 267 TFEU provides for an obligation to request a preliminary ruling for national courts of last instance (if none of the CILFIT case law conditions is met). Breach of this obligation may entail violation of right to fair trial at all three layers of human rights protection in Europe. Each European...
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