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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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The Concept of Worker in the European Law
Kunertová, Tereza ; Tomášek, Michal (advisor) ; Smolek, Martin (referee) ; Štefko, Martin (referee)
The author in its Dissertation thesis deals with the concept of worker under the free movement rights in EU law. Following the introduction, the thesis itself focuses on the positive and negative delimitation of the concept. One of the core chapters of the "positive part" tries to find an answer on the research question whether any "Keck-like" principle exists as a criterion for defining obstacles to the free movement of workers. The aim of the chapter is to find an answer what shall be subsumed under the obstacles to free movement of workers and what are Member States left with to regulate freely on their territories. In regard with the negative delimitation of the concept, the author deals with the diversion between workers and non-economically active citizens of the EU. The core chapter deals with the growing tendency of Union citizens to move to the host Member States to study while retaining the status of a worker.
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