|
|
Horizontal direct effect of the Treaty freedoms
Merjavá, Veronika ; Král, Richard (referee) ; Kunertová, Tereza (referee)
in English language: The statement of Angela Merkel from November 2014 that she would rather see the UK out of the EU than compromise the free movement in the EU (which as at the date of the submission of this dissertation materialized in potential Brexit) was one of the reasons which encouraged the author to analyse the reach of free movement rules, more specifically the horizontal direct effect of the Treaty freedoms, in this dissertation. The author focuses on the issues stemming mainly from the broader topic of the legitimacy of market integration which the author translated into the concept of separation of the regulatory competences between the EU and the Member States and related separation between the Treaty provisions' addressees, namely the Member States and the private entities. This dissertation focuses on the following research question: To what extent has the CJEU advanced the European market integration through the development of the principle of horizontal direct effect of the Treaty freedoms? The starting point after the establishment of the EEC was that the sole addressees of the Treaty freedoms were the Member States whereas the Treaty rules on competition only applied to private entities. However, as is demonstrated throughout this dissertation, it is nowadays generally accepted...
|
|
|
The Enforcement of EU Competition Law and Its Compliance with The Right to Fair Trial
Bartoš, Vojtěch ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
The Enforcement of EU Competition Law and Its Compliance with the Right to Fair Trial - the Abstract: The EU is a community based on common values among which the prime role is played by fundamental rights. One of the most important rights which serves also as a vehicle for the protection of other rights is the right to fair trial. That is valid also for the specific field of EU competition law. The European Commission issues in competition proceedings sanctions which are of criminal nature. Such sanction must be either imposed or at least reviewed by an independent court or tribunal with a full jurisdiction. This is a doctrine developed by the ECtHR in Strasbourg under art. 6 of the Convention and it has been well established in its case law for decades. Since the Commission itself is not an independent court or tribunal, its decisions must be reviewed by the ECJ which must exercise the full jurisdiction over the decisions in question. In the past the ECJ was criticised that it did not possess or exercise the full jurisdiction by which it failed to safeguard the standard of fair trial. Although the ECJ accepted the line of case law on criminal nature of Commission's decisions, at times it was indeed rather hesitant to review fully the parts of the decision where the Commission assessed the factual...
|
|
|
Relocating registered office of a business corporation within the European Union
Jirková, Pavla ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
The idea of internal market is one of the basic concepts of the European integration. The internal market of the European Union is a single market in which the free movement of goods, services, capital and persons is ensured. This thesis focuses on the free movements of legal persons in the European Union, namely freedom of establishment and the possibility of cross-border transfer of a company's registered office. This business focused freedom is regulated mainly by primary law in Articles 49 a 54 TFEU and its main objective is to enable the exercise of economic activities even in the territory of other Member States. The aim of this thesis is to investigate the regulation and development of case law regarding freedom of establishment of companies and give their comprehensive analysis. Furthermore, the thesis points out the fact that the choice of company's seat and its change is often associated with advantageous conditions laid down by national legislation. Companies often choose countries which have minimum requirements for their establishment and existence. States are aware of this behavior. Consequently, some of them reduce their legal standards and try to attract companies into their territory. This may cause the battle of jurisdictions. The thesis consists of the initial and final part and...
|
|
|
Exclusions from prohibition of quantitative restrictions
Matějka, David ; Kunertová, Tereza (advisor) ; Šmejkal, Václav (referee)
The subject developed in my thesis relates to the "Exclusions from prohibition of quantitative restrictions". The origin of these exclusions can be found in the internal market law and more precisely in the free movement of goods. The free movement of goods is one of the four fundamental freedoms on which is based the internal market of the European Union. The free movement of goods is ensured by removing fiscal and non-fiscal barriers that hinder trade between Member States and which are prohibited between Member States. The fiscal barriers involve the prohibition between Member States of customs duties, all charges having equivalent effect and other fiscal barriers such as internal taxations. The non fiscal barriers involve direct quantitative restrictions which are quotas and bans, as well as measures having equivalent effect to quantitative restrictions (MEE). These non fiscal barriers are prohibited but they can be justified in some cases. Direct quantitative restrictions almost disappeared while measures having equivalent effect to quantitative restrictions may exist in various forms and variations. Measures having equivalent effect on imports are prohibited by the article 34 of the Treaty on the Functioning of the EU. Moreover, measures having equivalent effect on exports are prohibited by...
|
|
|
Separatist tendencies in individual EU Member States and the potential impact on the free movement of persons in the EU
Hřivna, Vít ; Kunertová, Tereza (advisor) ; Pítrová, Lenka (referee)
Separatist tendencies in individual EU Member States and the potential impact on the free movement of persons in the EU This thesis deals with the separatist tendencies within the Member States of the European Union. It is therefore a case when a certain region within a Member State decides to secede from it. This needs to be distinguished from a situation when a whole Member State decides to withdraw from the Union. The aim of this thesis is to analyze the various possible scenarios in the case where there is a separation of that region from the Member State. It deals with it in the context of the regions potential continuity within the Union and furthermore it examines the differences between the two most important cases of possible internal secession in the EU of today: Catalonia and Scotland. The thesis evaluates the most probable scenarios in both cases and the consequent impact of such subjective secession of the regions on citizens and their rights in the EU context, in particular the free movement of persons. The first chapter deals with the definition of separatism and general characteristics of the practical behavior of the regions and the state they secede from in the context of the EU. It looks especially at the relationship between the originar country and the separatist region and...
|
|
|
Problematic aspects of the C.I.L.F.I.T. criterions enshrined in the CJEU's judgement
Sviatkin, Ivan ; Kunertová, Tereza (advisor) ; Zemánek, Jiří (referee)
The topic of the thesis are CILFIT criterions. These criterions were established by the Court of Justice of the European Union as conditions for application of the acte clair doctrine by national courts of last resort. The conditions determine situations in which such a court does not have an obligation under Article 267/3 to bring a matter before the Court of Justice. First of all, thesis describes the historical circumstances, which gave rise to the CILFIT case as well as the facts of that issue. Then it analyses one by one CILFIT criterions and also current procedure of submitting preliminary questions as a whole. As a part of the analysis, it focuses on the practical application of the abovementioned conditions by the courts of the Member States. It targets purely theoretical ideas too. The thesis, further, identifies certain problematic aspects of the CILFIT conditions. Subsequently, some possible solutions are being suggested and their effectiveness and appropriateness are being examined.
|
|
|
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...
|
|
|
European Competition Law in the Area of Information and Communication Technologies
Blumental, Eva ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
Title: European Competition Law in the Area of Information and Communication Technologies Abstract The world of information and communication technologies developes with a tremendous speed. This pace is something that we need to adjust to, and the EU competition law represents no exception. This thesis concerns development of european competition law in the area of information technologies enabling communication between users. The scope of these technologies is narrowed to telecommunications and so called OTT applications, as both demostrate best the differences caused by dynamic development. In the area of telecommunications the analysis starts with a brief introduction of historical development triggered by process of liberalisation, and continues with the analysis of the decision making of both the Commission and the CJEU. All the areas of competition law are included - articles 101 and 102 of the TFEU, control of concentrations and to certain extent also state aid. Attention is dedicated also to consequences of roaming and of its cancellation, which is about to happen in the upcoming years. A lot of focus is aimed on the Commission's decisionmaking in merger control, where we can assume a development of a certain blueprint. In the area of the OTT applications, we introduce their concept, and a lion...
|
|
|
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...
|
|
|
Horizontal direct effect of the Treaty freedoms
Merjavá, Veronika ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
in English language: The statement of Angela Merkel from November 2014 that she would rather see the UK out of the EU than compromise the free movement in the EU (which as at the date of the submission of this dissertation materialized in potential Brexit) was one of the reasons which encouraged the author to analyse the reach of free movement rules, more specifically the horizontal direct effect of the Treaty freedoms, in this dissertation. The author focuses on the issues stemming mainly from the broader topic of the legitimacy of market integration which the author translated into the concept of separation of the regulatory competences between the EU and the Member States and related separation between the Treaty provisions' addressees, namely the Member States and the private entities. This dissertation focuses on the following research question: To what extent has the CJEU advanced the European market integration through the development of the principle of horizontal direct effect of the Treaty freedoms? The starting point after the establishment of the EEC was that the sole addressees of the Treaty freedoms were the Member States whereas the Treaty rules on competition only applied to private entities. However, as is demonstrated throughout this dissertation, it is nowadays generally accepted...
|
guest ::
