Vymezení výlučných pravomocí Evropské unie v kontextu Lisabonské smlouvy

Martišová, Katarína

Resumé The thesis deals with the exclusive powers of the European Union with a focus on legislative competencies. It is composed of four chapters; while deriving from Czech and foreign literature it contains theoretical view enriched by decisions of The European Court of Justice/The Court of Justice of The European Union. The first chapter focuses on the powers of the EU generally; it explains the term power and includes also the origin of the powers from historical and constitutional point of view. Corresponding with the principle of conferral explained in the chapter 1.3, the will of the member states could be considered as the basis for the powers of the EU. The thesis deals also with the theory of implied powers and the flexibility clause. These are the ways to avoid the rigidity which might be represented by strict obeying the principle of conferral. The following chapter offers an overview of other types of powers and hints to their particularities in comparison to the group of exclusive powers. We are finding out that in case of shared competencies the member states can take action unless the blocking effect of the European regulations is applied while in other cases the EU has only a supporting function. The last two chapters which could be considered as the most important ones focus specifically on...

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