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Parallel application of national and Union competition law
Veselý, Jakub ; Šmejkal, Václav (advisor) ; Pítrová, Lenka (referee)
Parallel application of national and Union competition law The adoption of regulation No. 1/2003 opened a discussion on admissibility of parallel application of national and EU competition law regarding the ne bis in idem principle. The aim of the thesis is to map the condition of this legal topic after ten years since the process of modernisation of EU competition law on the basis of the analysis of judicial decisions and relevant legal acts including EU Charter of fundamental rights that became a part of EU primary law since Lisbon Treaty. Three different cases are to be understood under the term parallel application. The cumulative application means a case where national competition authority applies both national and EU law to punish anticompetitive behaviour in one single proceedings. The second case is the parallel application on the EU territory, where there are several proceedings held by competition authorities parallelly. These proceedings are held either concurrently or consequently. Lastly, the parallel application going beyond the EU territory is the case where an anticompetitive behaviour that has already been punished by a competition authority of a non-member state is subject of proceedings held by competition authority in EU. The thesis is divided into six chapters. The first...
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European citizens' initiative
Šíp, Matěj ; Král, Richard (advisor) ; Pítrová, Lenka (referee)
The very purpose of the thesis is to describe and give the legal analysis of the European Citizens' Initiative, which is the new part of European law. Subject matter of the first part of this thesis is deeply discussed democratic deficit in relation to citizens' initiative, which is followed by description of the direct democracy in Swiss Confederation and Slovakia. Introducing of main events and documents leading to the final EU regulation is also part of this thesis. The most important part is thereafter analysis of admissibility conditions of the citizens' initiative, necessary requirements and procedural rules while applying the regulation mentioned above. Significant attention is also paid to the role of the EU Commission, particularly when registering the citizens' initiative according to the regulation and potential consequences of non-registering. In addition, thesis deals with the nature of citizens' initiative and its relation to the EU Commission.
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The regulation of asylum within the EU and its impact upon the regulation of asylum in the legal order of the CR
Špinarová, Kateřina ; Pomahač, Richard (advisor) ; Pítrová, Lenka (referee)
Resumé The Regulation of Asylum in the European Union and its Influence on the Regulation of Asylum in the Legal Sysem of the Czech Republic I decided to write this dissertation because I am interested in the issue of asylum. I acquired practical experience in this field during a year of practice in the Organization for Aid to Refugees and during an internship of several months in the Prague branch of UNICEF. The goal I set for my dissertation is to map and summarize asylum policy in the European Union and in which manner the asylum policy of the EU has influenced the asylum policy of the Czech Republic and the extent of this influence. From its beginnings to today, the Czech Republic has gone a long way in the field of asylum. Today, asylum law in the Czech Republic is regulated in a rather complex manner; however, one might pose the question of how effectively this has been done, whether this law is examined from the point of view of state organs or from the point of view of the applicants for asylum themselves. Asylum law is a branch of law which evolves and changes very quickly and very often, as it must reflect changes in international imigration, and not only political imigration - an essential criterion for granting asylum, but also economic imigration. The latter is not a reason for granting asylum;...
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Accession of the European Union to the European Convention on Human Rights
Brabcová, Anna ; Kunertová, Tereza (advisor) ; Pítrová, Lenka (referee)
OF DIPLOMA THESIS IN ENGLISGH LANGUAGE The matter of accession of the European Union to the European Convention on Human Rights has been for decades a hot topic of legal and academic discussions. On the 18th December 2014, the Court of Justice of the European Union issued its long awaited Opinion 2/13 where the CJEU ruled that the Draft Accession Agreement is not compatible with EU law. In my diploma thesis I deal with the issue of accession of the EU to the ECHR. My aim is to provide with: 1) a complex analysis of the accession procedure, 2) an analysis of the Opinion 2/13 itself and 3) to outline the potential development of future steps. I particularly focus my attention on the CJEU reasoning in the Opinion 2/13 and I emphasize some facts showing the position of the CJEU from the different point of view. The first part of my diploma thesis provides an overview of development of the idea of the EU accession to the ECHR. Moreover, in the first part I deal with reasons for the accession, issue of legal basis for the accession and finally, I focus my attention to the negotiating process. The second part deals with the period after the 18th of December 2014 when the Draft Accession Agreement has been by the CJEU announced as incompatible. I analyse the CJEU's reasoning in the Opinion 2/13 and the View...
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Generally mandatory local ordinance
Radošinský, Adrián ; Pítrová, Lenka (referee)
Generally mandatory local ordinance The rigorous thesis on the topic "Generally mandatory local ordinance" deals with one of the most important areas of self-governance, namely local rule-making. Besides the Parliament of the Czech Republic, the government, the ministries or other central state administration bodies, there are also village and town municipalities, which can impose obligations on individuals and legal entities in a generally mandatory legal regulation and, consequently, enforce their fulfilment. This entitlement is based on a constitutional basis, so it cannot be ruled out in any way. However, it is possible to proportionally define the boundaries. Therefore, the local laws are in a certain way limited. The thesis is divided into several main chapters, whose aim is to describe the phases of the "life" of generally mandatory local ordinance and further elaborating on the areas of public rules and local fees, i.e. areas where the generally mandatory local ordinance is issued most frequently. The main purpose of the thesis is to acquaint the reader with the issue of the process of adopting generally mandatory local ordinance, including their content requirements according to individual areas. It emphasizes the case law, which is in some cases too general. However, it has been found, that the...
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Contribution of the Lisbon Treaty to the protection of human rights in the EU
Vejnarová, Eva ; Scheu, Harald Christian (advisor) ; Pítrová, Lenka (referee)
Contribution of the Lisbon Treaty to the protection of human rights in the European Union The aim of this thesis is to analyze the changes brought by the Lisbon Treaty to the protection of human rights in the European Union. The author focuses on two key areas: 1, The Charter of Fundamental Rights has become legally binding and thus enforceable document by the ratification of the Lisbon Treaty. The author outlines how the agenda of the protection of human rights has grown to become the Union's major theme, and what preceded it, the Union now has its own catalog of rights. The author describes the systematics of the Charter and the reasons why countries like Great Britain, Poland and the Czech Republic consequently negotiated an exception to its applicability. 2, The possibility of accession of the EU as a whole to the European Convention on Human Rights and Fundamental Freedoms of 1950, a significant human rights document of Council of Europe. If indeed such a step was taken, it would become the Union's 48th Party to the Convention in addition to 47 member states of the Council of Europe and in this context the question arises, what would be the future relationship of the ECJ and the Court of Human Rights. Keywords: European Union, Lisbon Treaty, the Charter of Fundamental Rights, European...
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Compensation for damage caused by exercise of public authority and public administration
Varmuža, Martin ; Pítrová, Lenka (advisor) ; Svoboda, Petr (referee)
Responsibility for damages caused by the execution of public authority and public administration and compensation for such acts is a surprisingly layered issue. When tackling this, it is vital to start with the general discourse, especially with emphasis on the teleological basis of the issue in the legal system as a whole. Only by working in this manner is it possible to address the current unanswered questions that surpass into legal philosophy - mainly the issue of lawmaker's responsibility for the content of his work. This area, together with a brief historical introduction is part of this thesis to ensure its comprehensiveness. The focus of this text lies in the presentation of the institutes found in the Act no. 82/1998 Sb., about the responsibility for damages caused by the execution of public authority and public administration. This issue is addressed comprehensively during the course of this thesis. I try to tackle the conditions for the invocation of the responsibility clauses, its character and the subjects of the relation among others. I also mention various problematic passages found in the Act and possible ways of improvement.
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Principles of Secondary Legislation of the European Union
Říha, Michal ; Pítrová, Lenka (advisor) ; Král, Richard (referee)
V Summary The question of quality of legislation in Modern Age is omnipresent in political, philosophical and in legal discourse. Especially in connection with structures which are different from classical national state concepts such as the European Union, it is very hard to set up conditions of good legislation. The main aim of this Thesis is analysis of today's state of affairs and to create a comprehensive structure of good legislation principles applied in the EU. The author is dealing with the fact that classical legal theory is usually applied on EU situation terms in their classical - Westphalian state - meanings. The purpose of this work is, therefore, to adapt these classical terms to a situation of EU and CJEU case law. For that reason, the author is critically assessing classical legal theorist's principle models as well as models created by experts in the field of legislation or European Union law. The outcome is supposed to be a merge between these models, which can provide the reader with deeper understanding of normative model of Union legislation. EU legislative style is a merge of the majority of legislative traditions of Member States, therefore, in certain circumstances it is hardly understandable for everybody. The main presumption here is MacCormmick's theory of interdependence of...
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Legal aspects of the current personal data protection developments
Tumpachová, Kateřina ; Pítrová, Lenka (advisor) ; Svoboda, Petr (referee)
This doctoral thesis is divided into ten chapters in which, together with the introduction and conclusion, it aims to describe and analyse the current development of legal regulation of personal data protection, especially from a substantive law perspective. The thesis analyses the existing legal regulations of the European Union, implemented in the legal frame of the Czech Republic compared to the new General Data Protection Regulation, which unifies the legal framework for the personal data protection in the whole European Union. The first chapter of the thesis describes in brief the development of the personal data protection legal framework, from the establishment of the right to personal data protection in human rights declarations to the gaining its independence from the right to privacy. Furthermore, the relevant OECD Guidelines and Convention 108, which plays a crucial role in the field of personal data protection, are described. The development of the legal regulation of personal data protection in the European Union, together with the development of legislation in the Czech Republic, which also meant the necessary implementation of EU regulations into the Czech legal order with the accession of the Czech Republic to the European Union, are described. The second chapter describes in detail...
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