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Big data and EU merger control
Bosáková, Viktória ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
BIG DATA AND EU MERGER CONTROL ABSTRACT The significance of "big data" as a factor in the competitive assessment of mergers in EU has attracted more and more attention in the past years. Today's digital economy revolves around the Internet and information technologies that together enabled collecting and processing previously unimaginable sets of data, high in volume, velocity, variety and value. Data started to present a valuable and important asset to various businesses, mainly active on online platforms. Consequently, companies may engage in strategic mergers in order to acquire profitable data from one another. The aim of this master thesis is to research and analyse whether big data could result in the increased market power of the newly merged company or could have detrimental effects on other competitors present on the market or the competition itself. The main research question therefore is whether big data in its essence could constitute a competitive concern when it comes to data-related mergers. This thesis initially clarifies the concept and characteristics of "big data" in general, whilst demonstrating the increasing significance of data used as assets for businesses in the present digital economy. The research then focuses on what role specific features of data could play in various stages of...
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Right of a member state to leave the EU in context of the Brexit
Petrus, Tomáš ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
Right of a member state to leave the EU in context of the Brexit Abstract One year has passed since the United Kingdom officially announced its intention to withdraw from the European Union membership. Brexit as this withdrawal is often called means the turning point not only for the view of the concept of the ever closer European integration, but it also presents feasibility of a new option for the EU Member States. It is astonishing that in spite of popular attention to this topic there is an absence of serious academic research dealing with the right of a Member State to withdraw in all its wide aspects. Therefore, this thesis aims at the goal of describing the problem of the withdrawal in the most complex way and not only in the light of the recent Brexit. For understanding the present situation, it seems to be necessary, at least in the limited way, to introduce the right of withdrawal as the external aspect of the sovereignty ultima ratio which even in the historical period before the explicit incorporation in the Lisbon Treaty had to exist. In a retrospective view, it is also crucial to mention cases which were in a strict sense not examples of a withdrawal of Member States, but that proved the practical accommodation of national instruments and procedures to termination of EU law application. On...
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Personal data protection under the law of European Union
Novotná, Lucie ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
Personal data protection under the law of European Union ABSTRACT The diploma thesis discusses the legal regulation of personal data protection under the European Union law with focus on the rights of data subjects, i.e. natural persons whose personal data are being processed. The aim of the thesis is to compare the current legal regulation of the rights of data subjects (directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data) with the legal regulation with forthcoming effectiveness (GDPR) with focus on the issue how the new legal regulation dealt with the problems for which the Directive has been criticised and how it dealt with problematic parts of the regulation of the rights of data subjects. The diploma thesis consists of five parts including the introduction, the conclusion and three chapters of the own text. The chapter one contains the introduction to the field of personal data protection, including the brief history of the development of personal data protection, and it is further divided into the sub-chapters where the primary and secondary law concerning personal data protection in the European Union and its development are introduced. The human rights context of personal data protection is also discussed in this chapter....
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The Dublin system regulated in terms of EU asylum law
Placzeková, Karolína ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
1 Abstract This thesis is dealing with crucial legislation of European Union in the area of asylum law, which came across considerable changes and undergone recently a sustainability test in form of so-called migration crisis. This phenomenon challenged (undermined) the foundations of common action of member states in field of asylum law and border control and could jeopardise the future of Dublin system. Despite the considerable resistance of member states to relocation mechanisms or in other words so-called mandatory quotas, these became one of the main instruments to resolve the current situation. The question remains, if this represents a step in the right direction and the proposed permanent relocation mechanism will help in dealing with crisis, side to side with further proposed secondary legislation in field of asylum law, or will deepen it. Vital is the evaluation of the current situation and to meet the objectives set out for the Dublin system, namely, in particular prevention of so-called asylum shopping and secondary movements of asylum seekers, equal treatment and non-discrimination and asylum law should as well lead to fairer liability distribution in accordance with adherence to principle of solidarity among member states. Thesis comprises of 3 main chapters. In the first chapter, attention is...
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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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European Public Prosecutor's Office
Brabcová, Anna ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
- European Public Prosecutor's Office In my rigorous thesis I deal with the issue of the European Public Prosecutor's Office. This project is unique in the field of European criminal law, it is very problematic but to certain extant necessary, when the current course of the EU is taken into account. Efforts to establish the European Public Prosecutor's Office have been observed since the first half of the 1990s. It was necessary to subordinate and adapt not only the political will to the establishment of the European Public Prosecutor's Office but also the broad legislative environment and the relevant legal basis. Similarly, the path to adopt a legislative proposal was difficult. Although the European Commission presented a comprehensive legislative package regarding the protection of financial interests in 2013, demanding character of the project of the European Public Prosecutor's Office is confirmed by 4-years lasting negotiations. Finally, twenty member states of the European Union adopted the Council Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office in October 2017. The main goal of my rigorous thesis is to provide with a comprehensive analysis of the project of the European Public Prosecutor's Office from a historical...
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Microglia control adenosine A2A-receptor mediated astrogliosis
Svobodová, Magdaléna ; Mladěnka, Přemysl (advisor) ; Červený, Lukáš (referee)
Charles University Faculty of Pharmacy in Hradec Králové Department of Pharmacology and Toxicology Candidate: Magdaléna Svobodová Supervisor: Assoc. Prof. Přemysl Mladěnka, Ph.D. Assoc. Prof. Maria da Glória Correia da Silva Queiroz, Ph.D. Title of diploma thesis: Microglia control adenosine A2A-receptor mediated astrogliosis In the central nervous system, astrocytes and microglia are the main cells coordinating the inflammatory response. During inflammation, dying or temporarily damaged cells release ATP, as a danger-associated signal molecule, that contributes to the induction of astrogliosis and promotes clearance of the debris by immune cells such as microglia. Adenosine that results from ATP metabolism also stimulates astrogliosis. However, the effects of adenosine on astrogliosis may be more complex, since it also modulates microglia phenotype and microglia have been shown to prevent excessive astroglial proliferation mediated by nucleotides. In this context, ATP and adenosine are assumed as relevant signalling molecules in the control of astrogliosis and its modulation by microglia. However, it is still unknown whether and how microglia modulate adenosine-mediated astrogliosis. The present study aims to clarify the impact of microglia in the control of adenosine-induced astrogliosis. Two...
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Microglia control adenosine A2A-receptor mediated astrogliosis
Svobodová, Magdaléna ; Mladěnka, Přemysl (advisor) ; Červený, Lukáš (referee)
Charles University Faculty of Pharmacy in Hradec Králové Department of Pharmacology and Toxicology Candidate: Magdaléna Svobodová Supervisor: Assoc. Prof. Přemysl Mladěnka, Ph.D. Assoc. Prof. Maria da Glória Correia da Silva Queiroz, Ph.D. Title of diploma thesis: Microglia control adenosine A2A-receptor mediated astrogliosis In the central nervous system, astrocytes and microglia are the main cells coordinating the inflammatory response. During inflammation, dying or temporarily damaged cells release ATP, as a danger-associated signal molecule, that contributes to the induction of astrogliosis and promotes clearance of the debris by immune cells such as microglia. Adenosine that results from ATP metabolism also stimulates astrogliosis. However, the effects of adenosine on astrogliosis may be more complex, since it also modulates microglia phenotype and microglia have been shown to prevent excessive astroglial proliferation mediated by nucleotides. In this context, ATP and adenosine are assumed as relevant signalling molecules in the control of astrogliosis and its modulation by microglia. However, it is still unknown whether and how microglia modulate adenosine-mediated astrogliosis. The present study aims to clarify the impact of microglia in the control of adenosine-induced astrogliosis. Two...
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The impact of CJEU case law on the interpretation of the fundamental rights to privacy and data protection
Filipová, Paula ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
in English This thesis deals with the right to personal data protection as enshrined in Article 8 of the EU Charter of Fundamental Rights (the Charter) and its relationship with Article 7 Charter, the right to respect for private and family life. Since both of the rights have immediate relevance for EU data protection, their coexistence in the Charter necessitates an explanation as to their relationship, interaction and the merit of adding an independent right to personal data protection. However, such explanation is difficult to trace. International human rights instruments have traditionally safeguarded the protection of personal data by the right to privacy. The common constitutional traditions of the Member States differ significantly in the enactment of data protection and the EU legislation in force is likewise treating data protection as a privacy subset. The thesis firstly attempts to assess whether the right to personal data protection is capable of autonomous standing, detached from the privacy right and secondly, whether the CJEU allows the right to personal data protection to stand as an autonomous right in reality. To deal with the first research task, the paper analyses the doctrinal sources discussing the personal data-privacy concepts and seeks to identify the value of Article's 8...
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Changes of the EU asylum and migration law in the light of the current refugee crisis
Müller, Daniel ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
This thesis deals with the proposed changes in the area of EU asylum and migration law in the light of the current refugee crisis. EU asylum and migration law are two separate areas between which there is a "close connection". The paper describes EU asylum and migration legal framework, then delimits the term "refugee crisis" and reviews recent measures taken or proposed by the EU. The thesis is divided into 3 chapters. In the first part of the paper the author follows up the legal framework which encompasses both international legal instruments (1951 Refugee Convention and others) and EU primary law and secondary acts. The second chapter is dedicated to analysis of the "refugee crisis", its crises factors, as well as to reflections on the characteristic of this crisis as a state of emergency. The last chapter, which is internally divided into two subchapters, concerning asylum and migration law, relates to particular measures taken by the EU during the crisis. The subchapter which deals with the asylum law includes the following topics: on the one hand it describes ad hoc measures to tackle the migration crisis in Italy and Greece, on the other hand it analyzes proposals of a system reform (e.g. proposal for a permanent EU relocation mechanism, reform of the Dublin system, completing the reform of...
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