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Legal aspects of the accession of Croatia to the European Union
Humplíková, Kateřina ; Tomášek, Michal (advisor) ; Pítrová, Lenka (referee)
Legal aspects of the accession of Croatia to the European Union Abstract The EU enlargement policy is a fundamental instrument of the EU's foreign and security policy that enables Union to achieve its goals such as creating a common area of peace, stability and prosperity. Since the Western Balkans has experienced an armed conflict in the recent past and since these countries are direct neighbors of the European Union, the Balkan region represents an essentially important area in the strategic plans of the EU. The European Union as well as the Western Balkans' countries strives for the full integration into the European structures. In the context of the ongoing post-war reconstruction in the region Croatia's accession into the EU represents a significant historical moment. Croatia has already passed through the whole accession process and can act as a model example for other Balkan countries. In this thesis author mainly aims to map in detail the course of the accession process in general and understand the specifics of the Croatian accession in the context of the European policy towards Western Balkans. Although the EU has set down the accession criteria and procedural rules, accession process of every candidate state is different and depends on the actual situation of the country in question. This thesis...
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Protection of Right to Fair Trial in Relation to Preliminary Ruling Proceedings
Němečková, Petra ; Tomášek, Michal (advisor) ; Král, Richard (referee) ; Smolek, Martin (referee)
v anglickém jazyce - English abstract Protection of Right to Fair Trial in Relation to Preliminary Ruling Proceedings Right to fair trial is one of fundamental human rights, which enables individuals to effectively invoke their rights and freedoms before a lawful, impartial and independent court. In Europe, the protection of this right is guaranteed at a multi-layer level, whose layers interact: first layer is formed by constitutional orders of individual States, second layer by institutions of European Union, in particular the Court of Justice of the European Union, and a third one, that of the European Court for Human Rights. In the European Union, the Treaties have introduced the mechanism of preliminary ruling with the aim of preserving unity within the Union and of ensuring coherent interpretation and application of European law by the courts of the Member States. Preliminary ruling proceedings ensure effective cooperation between national courts and the Court of Justice of the European Union. Art. 267 TFEU provides for an obligation to request a preliminary ruling for national courts of last instance (if none of the CILFIT case law conditions is met). Breach of this obligation may entail violation of right to fair trial at all three layers of human rights protection in Europe. Each European...
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Historical development of the concept of free movement of persons in European law
Vejsadová, Ivana ; Tomášek, Michal (advisor) ; Král, Richard (referee)
The historical evolution of the concept of free movement of persons within the European law Abstract The thesis focused on what for us, citizens of the European Union means the free movement of persons and how the content of this concept has changed and is still changing, depending on the key documents adopted by the European Union and the decisions of the Court of Justice of the European Union. In the first chapter you can find the historical overview of the most important treaties and legislative acts of the European Union, which affected the evolution of the free movement. In subsequent chapters the focus is on case law of the Court, the case studies, where we see a shift in the understanding of freedom of movement of persons as a fundamental freedom .Originally the term was used only in connection with economically active persons, i.e. workers, self-employed persons and legal entities that have benefited from freedom of establishment in Member States of the European Union. Later, thanks to the European Union citizenship, the freedom of movement was extended to all EU citizens, including the non-working such as students, retirees or family members of citizens of the member states. Also the family members coming from the third countries were provided with the rights concerning free movement. The purpose...
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The impact of Directive 2004/38 upon the free movement of nationals of the European Union with regard to relevant case-law of the European Court of Justice
Sokolová, Ivana ; Tomášek, Michal (advisor) ; Král, Richard (referee)
The impact of Directive 2004/38 upon the free movement of nationals of the European Union with regard to relevant case-law of the European Court of Justice This diploma thesis deals with impact of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States on the freedom of movement. The first chapter of thesis aims to cover main points of development of the right to free movement. From the right of workers as an economic factor to the general right of every citizen of Europe. As far as the introducing of the European Union Citizenship was very important point for the development of right to free movement, this chapter also concerns evaluation of this phenomenon. Further this chapter contains analysis of the most important cases rendered by the Court of Justice of the European Union which affected the right of free movement mainly since European Union Citizenship has been established. The second chapter is the core of this thesis. It comprises analysis of the text of Directive 2004/38. It is giving a complete elaboration on the subject of Directive, beneficients of rights, conditions and rights. As far as the Directive 2004/38 is repealing number of...
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Reasoning in the judgements of European courts
Vilímková, Veronika ; Tomášek, Michal (advisor) ; Kühn, Zdeněk (referee)
This thesis concerns the topic of legal reasoning in the judgements of European courts. The first part of the paper presents the analysis of the theoretical aspects of legal reasoning, specifically the legal obligation for this practice, as well as an examination of the origins and arguments for the existence of this obligation. Furthermore, the way that the legal reasonings are embedded in the law of the Czech Republic, and in EU legislation, is discussed and examined in detail. The final part of the paper consists of a comparison of legal reasonings of the Czech courts and the European Court of Justice. The relevant aspects of the legal reasoning are explained with regard to the practice of two European courts: European Court of Justice and Supreme Administrative Court of the Czech Republic, respectively.
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A new role of the European Central Bank in financial supervision
Hartmann, Ivo ; Tomášek, Michal (advisor) ; Šmejkal, Václav (referee)
This Thesis shall analyze the development, resp. the actual changes made in the structure of the European financial supervision system. The analysis is done with a view to the deepening economic integration of the Member States of the European Union, whereby in the Thesis the European supranational financial supervision is perceived as a necessary result of the supranational economic cooperation. However, it is also to be borne in mind that the structure of the European financial supervision is or - at least so far - it has been very imperfect, because the Member States of the European Union were willing neither to institutionalize the cooperation in the sphere of the supranational financial supervision nor to hand over any supervision competences to the supranational level. The Thesis takes into account, in particular, the impacts of the world financial crisis and its influence on the European financial supervision structure. However, with a view to the fact that the Thesis analyzes the long-term development of the European financial supervision as well as incentives, obstructions and goals of the particular former reform steps undertaken in this field, in addition to the impacts of the world financial crises the Thesis also analyzes other decisive factors. As for other factors that - from our...
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