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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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Application of the EU Charter of Fundamental Rights: Article 47 in the Context of Judicial Reform in Poland
Nedělníková, Tereza ; Svobodová, Magdaléna (advisor) ; Exner, Jan (referee)
(EN) Following the Polish parliamentary elections in 2015, the winning party began to push for several judicial reforms, which have, in their combination, proved to be problematic, especially in terms of ensuring the independence of national courts. In relation to individuals, this has notably undermined their right to an effective remedy and to a fair trial under Article 47 of the EU Charter of Fundamental Rights (hereinafter as 'the Charter'). The introduction of this thesis briefly summarises how the European Community has evolved in relation to the protection of fundamental human rights, focusing on the principle of effective legal protection, which has been codified in the aforementioned Article 47. This section is followed by a description of the Charter's applicability, which is essential for analysing the main objectives of this thesis. The first of these objectives is to map the change in the approach of the Court of Justice in relation to the national rules governing the organisation of the national justice system. In this context, the Polish reforms and the Court's subsequent assessment of them are presented. The second objective is to analyse the role of Article 47 Charter in this case-law development. In particular, to what extent, if at all, has the expansion of the Court's...
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Replacement of directives with regulations on the example of legislation concerning protection of personal data within the EU
Suchanová, Kateřina ; Svobodová, Magdaléna (advisor) ; Král, Richard (referee)
The objective of the master thesis Replacement of directives by regulations on the example of personal data protection legislation in the EU is to describe the process of simplification of EU legislation based on the study of relevant political and legislative texts, especially with emphasis on the process of replacing directives by regulations. The first part of the master thesis focuses on the development of the process of simplification of the EU acquis, and then on the analysis of regulations that have been adopted since the late 1980s, and which partially or completely replaced the regulation contained in the directives. Based on the analysis of the proposals and the preambles to the adopted regulations, the reasons for the replacement were subsequently specified. The reasons are further categorized and described. The main research question in this part of the master thesis was to determine whether the replacement of directives by regulations is an appropriate tool used to simplify European Union legislation, whether it eliminates problems that may arise during the implementation of directives governing the issue and what are the main reasons that are specified by the EU legislators as a justification for the adoption of a new replacement legislation. In the second part, the master thesis...
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Cross-border data flows from the EU: Data protection and the right to privacy
Pilgrim, Jan ; Svobodová, Magdaléna (advisor) ; Navrátil, Petr (referee)
Cross-border data flows from the EU: Data protection and the right to privacy Abstract This thesis outlines the privacy and data protection concepts, the legal framework of the EU, namely the relevant primary law, including the Charter of the Fundamental Rights, and secondary law, such as the Data Protection Directive and General Data Protection Regulation. It furthermore examines the data protection and privacy regime of the United States with regards to private entities as well as government authorities, giving a focus on the surveillance measures of the latter and their legal basis. With regards to the private entities, the sectorial nature of the US legal regime was emphasized, and the lack of systematic legislation was illustrated. Particular focus was given to known related surveillance measures such as PRISM and Upstream and their legal basis in US law via Section 702 of the Foreign Intelligence Surveillance Act. Recourse mechanisms with regards to data protection rights were detailed and analyzed. The thesis subsequently examines the two former adequacy decisions issued by the Commission, the Safe Harbor and Privacy Shield frameworks, and points out their deficiencies which were assessed in the light of relevant case law, namely the so-called Schrems I. and Schrems II. cases, elaborating on their...
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Abuse of dominance on the internet
Netrval, Daniel ; Navrátil, Petr (advisor) ; Svobodová, Magdaléna (referee)
1 Abuse of dominance on the internet Abstract The topic of the thesis is the traditional competition law delict of abuse of dominant position, but on the internet. The first, theoretical, chapters of the thesis focus on the development of the concept of abuse of dominance in the European Union law during the past decades. Subsequently, they describe the digital market, its specifics and defining characteristics. The next part of this thesis uses this information to describe the specifics of competition law regulation in relation to internet services. In particular, the specifics of the definition of relevant markets and market power are analysed. The practical part of the thesis deals with a case study of two European Commission decisions. Namely, the merger decision in Case COMP/M.7217 - Facebook / WhatsApp and the abuse of dominance decision in Case AT.39740 - Google Search (Shopping). The first decision was chosen because it provides a good example of definition of the relevant markets in relation to internet services, where the Commission had to define the relevant product market based on product characteristics. The antitrust decision is then described in the light of its complexity and the judicial review that has already taken place. It also touches the issue of self-preferencing as, in principle, a...
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Status of a family of EU citizens as derivative beneficiaries of the right to free movement of persons within the EU
Jirsa, Tomáš ; Tomášek, Michal (advisor) ; Forejtová, Monika (referee) ; Svobodová, Magdaléna (referee)
Status of a family of EU citizens as derivative beneficiaries of the right to free movement of persons within the EU This thesis analyses the legal status of an EU citizen and his family members which are derivative beneficiaries of the right of free movement within the EU. For the purposes of analysis, comparison and understanding of the real benefits of European citizenship, the focus of my thesis is on the family members, whether they may be other EU citizens or third country nationals. The thesis also aims to highlight certain rights and general principles in the case law of the CJEU which have taken shape in the case law of the CJEU on the right of the EU citizens to move and reside freely in other Member States as well as in their home Member state. These include in particular the right to respect for private and family life, the principle of the best interests of the child, the principle of proportionality, the principle of non-discrimination and the doctrine of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen. The first chapter of my thesis serves to introduce the institution of European citizenship, its origins, its development, recalling the key case law that has shaped it, its future development considerations on its reform and...
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Domestic violence legislation under European and international law
Krajíčková, Sabina ; Svobodová, Magdaléna (referee)
Domestic violence legislation under European and international law Abstract This dissertation sets out to analyse domestic violence legislation both from an international legal perspective and, above all, from the perspective of relevant European law. By analysing this legislation, we will then evaluate whether the regulations currently in force are sufficient and actually offer effective tools to protect victims of violence. As the victims of domestic violence are mostly women, the first chapter focuses on the issue of violence against women, with particular focus on the specifics of gender-based violence and its manifestations, in particular sexual violence. In doing so, we will analyse how the affirmative consent principle is applied, as well as examining the matter of sex-based killings (femicide). For this purpose, this dissertation will pick up on the results of a data survey on violence against women in individual Member States, entitled Violence against women: an EU- wide survey, which was carried out in 2012 by the Human Rights Agency. Particular emphasis is placed on the Council of Europe Convention on Preventing and Combating Violence against Women (the Istanbul Convention), including a description of its ratification status and insight into some of its provisions which are proving rather...
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Market access approach in relation to the internal market
Machovičová, Tereza ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
The market access approach refers to a way of interpretation of the notion of restriction to free movement advanced by the Court of Justice of the European Union. The rationale behind the concept, as it emerged from the landmark judgment in Commission v. Italy (Trailers), is that any measure that hinders access to the market is prima facie considered as a restriction to free movement and is therefore held incompatible with EU law unless the Court finds it justified and proportionate. Applying the market access approach the Court seems to have departed from its previous case law as it does not require a measure to be discriminatory in any way. Instead, a measure is already found to constitute a restriction if it is liable to discourage economic operators from accessing the market of a Member State or making such access less attractive or more difficult. On one hand, this interpretation allows the Court to strengthen integration and contribute to establishing the internal market free from any obstacles. On the other hand, it considerably extends the scope of the notion of restriction to free movement and therefore the scope of EU law in general. Particularly, the market access approach allows the Court to strike down an immense amount of national measures and thus intrude into national regulatory...
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Sporting nationality in the light of European Union law
Exner, Jan ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
Sporting nationality in the light of European Union law Jan Exner Abstract The aim of this master's thesis is to answer the question of how to grasp and categorize the concept of sporting nationality in the EU. Its goal is to consider compliance of the rules set up by international sporting governing bodies determining athletes' eligibility in national teams with the concrete provisions of EU law. The provisions under scrutiny are mostly those laying down the prohibition of discrimination on grounds of nationality in the fields of EU citizenship, internal market freedoms and competition. The master's thesis simultaneously aims at suggesting concrete recommendations to international sporting governing bodies in order to better adapt their rules to EU law requirements. The authors of this master's thesis first claims that rules governing athletes' eligibility in national teams fall within the scope of EU law since they have economic impact and effect. Secondly, it is submitted that these rules limit athletes' rights under EU law and constitute therefore a restriction to respective provisions of the EU legal order. That is why the question whether such a restriction to EU law may be justified is examined. In this respect, the Court of Justice provided sporting world with a useful manual on how to pass EU law...
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Eligibility of Qualification Obtained in another Member State
Vlková, Lenka ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
My thesis summarizes the legal documents relating to eligibility and possibility of legal practice in another state than the home member state. European Union Law in this regard is binding for the Czech Republic since its accession to the EU in 2004. The work is divided into chapters giving comprehensive and coherent information. The introduction justifies my choice of the topic and outlines particular chapters. The first chapter is devoted to cross-border advocacy and the related terms of a European lawyer or Union element. The second chapter begins with the interpretation of the content of primary law in relation to advocates and their activity. The third chapter presents relevant legal documents of secondary union law - directives. The fourth chapter describes fundamental Czech legislation, namely the Law on Advocacy. The fifth chapter discusses the legislation in France. The sixth chapter contains two examples of Czech and EU case law. In the chapter of annexe there is a list of the professional designation of the home state set by Ministry of Justice, so it is a list of titles of persons authorized to provide legal services, and the second annexe is a bar chart showing the number of European lawyers established in the Czech Republic. The thesis provides a comprehensive set of information for...
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