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Article 351 TFEU in the context of the Kadi case law
Karpíšek, Ondřej ; Král, Richard (advisor) ; Svobodová, Magdaléna (referee)
Submitted thesis deals with the Kadi case law of both the General Court and the Court of Justice. It focuses mainly on its structural aspects and the specific procedural standards which are to be applied according to the ECJ's Kadi case law in the context of counter terrorist measures aimed at individuals are only briefly mentioned. While the General Court dismissed an action lodged by Mr. Kadi on the ground that EU's measures strictly implementing UN Security Council resolutions cannot be reviewed in light of their compliance with EU's human rights principles, the Court of Justice held in favor of the applicant. Although both instances departed from the same point that is, that it is the EU law which determines the status and effects of international law within the EU law, they differ in terms of what the EU law says about the status of the Charter of the UN within the EU law system. The General Court based its decision on the combination of succession of the EU into international obligations of its member states established in the 1970s and articles 347 and 351 TFEU. The succession is required because for a legal norm to serve as a standard of review it needs to be intenally binding on the Union and the article 351 TFEU or its sibling is required to elevate the Charter of the UN (and the UN...
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Commitment Decisions in EU Competition Law
Rott, Martin ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
Regulation 1/2003 empowers the European Commission to issue a decision, by which it makes commitments offered by the parties to the proceedings legally binding. Although being an alternative to the prohibition decision, it has become a predominant type of decision the Commission uses to tackle various antitrust issues, save from the area of secret cartels. This thesis primarily focuses on the effectiveness of commitment decisions, exploring various features contributing thereof. The first chapter outlines the main changes to the enforcement of EU competition law brought by Regulation 1/2003. The second chapter provides a necessary background for the subsequent analysis by introducing the legal framework for the adoption of commitment decision, followed by an explanation of the importance of effectiveness in public enforcement of EU competition law. The fourth chapter analyses effectiveness of the commitment procedure, which is narrowed down to the quickness of the procedure leading to the adoption of the final decision. The author observes that the procedure provides for more rapid resolution of cases, but it contains various drawback negatively affecting the quickness of the procedure. The fifth chapter is devoted to the enhanced effectiveness of commitments, mainly in comparison to remedies which...
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Posting of workers in the European Union
Jankovcová, Kristýna ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
The aim of this thesis is to present the phenomenon of posting workers within the EU in the context of the freedom to provide services. The author introduces the de lege lata legal framework in a complex and chronological manner, taking into consideration the motives and political pressure behind key modifications. Accordingly, the thesis examines relevant Treaty provisions, case law and its evolution, key secondary acts, as well as the relation of such sources to legal acts which address posting workers in an indirect manner. The author focuses on the analysis of existing key provisions, their practical impact and insufficiencies. However, she also approaches the topic from the de lege ferenda perspective by presenting the ongoing revision of the current legal framework and by considering other potential changes which could improve the regulation of posted workers in the future. Furthermore, the thesis demonstrates the complexity of posting workers by drawing attention to the colliding interests of involved member states and parties, showing the sensitivity of the subject. This underlines the fact that the phenomenon cannot be separated from its political context and is condemned to a constant balancing of two colliding interests - the freedom to provide services and social protection of posted...
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Legal status of family members of Union citizens in light of European Union Law
Jirsa, Tomáš ; Scheu, Harald Christian (referee) ; Svobodová, Magdaléna (referee)
The objective of this thesis is to analyse the issues related to the legal status of family members of European Union citizens in light of European Union law, and to compare the rights of family members of EU citizens with the rights of the other third country nationals (further referred to as TCNs) and the EU citizens themselves. The first chapter deals with the institute of EU citizenship and especially stresses the importance of the right of EU citizens and their family members to move and reside freely within the territory of Member States which is connected with the status of an EU citizen. The second chapter is related to the different definitions of family members in EU secondary legislation. The third chapter examines in detail specific rights (e.g.: the right of entry and residence to the territory of the host Member State, protection against expulsion) which are connected with the status of the family member of EU citizens on the one hand and the status of the TCNs on the other hand. The thesis attempts to answer to the questions related to the legal status of family members and tries to suggest possible future adjustments of EU legislature.
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State Aid and Financing of Transport Infrastructure under the EU law
Albrecht, Patrik ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
This diploma thesis deals with state aid and financing of transport infrastructure under the EU law. The main aim of the thesis is to answer the question, whether the financing of transport infrastructure is a state aid and if it so, would it be compatible with the internal market. Member States have to ask these questions while they are deciding whether they should use public funds for specific infrastructural project in transportation industry. The thesis is divided into two main parts. In the first part author is focused on airport transportation industry, which has been liberalized since early 90's of 20th century. Thanks to the market opening the completion came in and Commission started to control financing of airport infrastructures. Airports were no longer recognized as an infrastructural facilities and their operators were found as an undertaking in the sense of competition judicature. That is why the first chapter is dealing with the historical excursus of state aid law in the field of aviation infrastructure. The author describes the fundamental decisions of Commission and the Court of Justice of the European Union; a great focus is placed on analysis of the decision on the Leipzig- Halle case. In the third chapter of the first part, there is a deep analysis of the relevant documents...
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The selectivity criterion in the field of State aid in the light of the ECJ's case-law
Hlista, Jakub ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
The selectivity criterion is one of the defining elements of State aid within the meaning of Article 107(1) TFEU. The selectivity criterion is considered to be the most important and the most problematic in its application in the assessment of Member States' measures at the same time. The aim of this work is to analyze the development of ECJ's case-law and the Commission's decisional practice related to the selectivity criterion and by means of their analysis to point out the disputableness and lack of clarity of the selecivity criterion and to critically assess the unpredictability and questionable character of certain judgments of the ECJ. The first chapter deals with an introduction to the issue of State aid, subsumes it under the system of competition and describes the defining elements of State aid. The second chapter analyzes one of the two features, into which the selectivity criterion divides, referred to as an advantage. It describes both the broad concept of advantage and also a way how to identify an advantage. It also addresses the exceptions and specific regimes to which the provisions on State aid in principle do not apply. The third chapter considers general issues relating to the second feature of the selectivity criterion, which is selectivity (in the strict sense). It also pays...
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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...
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Transfer of delictual liability in competition law
Pelikán, Michal ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
Transfer of delictual liability in competition law The issue of delictual liability for anti-competitive practices and subsequent identification of party which is to be penalized for them is, with regard to effective protection of competition, a crucial one. However, it is also a topic which is, with a few notable exceptions, often addressed only superficially. This work therefore aims to perform thorough analysis of rules applicable to transfer of delictual liability both on European and Czech national level. For this purpose, it is divided into two major and comparatively separate parts. First of them is devoted to a detailed analysis of the European court of justice case-law related to the possibility of transfer of liability from the original infringer to a different legal entity. The aim is not only to identify particular criteria, which may affect such transfer of liability, but also to illustrate the direction in which the case-law of the European court of justice evolved and in which it is probable to continue heading in the future. The second part of this work deals with regulation of the transfer of liability within the Czech legal framework, commencing with adoption of Act no. 63/1991 Coll., on the Protection of Competition, up to the present. Considering the decisive influence of the...
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Reasons for restricting of the free movement of services EU
Dočekal, David ; Svobodová, Magdaléna (advisor) ; Vondráčková, Aneta (referee)
The thesis called "Reasons for restricting of the free movement of services" is focused on one of the fundamental freedoms of internal market, free movement of services, both in terms of theory and especially from the perspective of The Court of Justice of the European Union. In five chapters of the thesis is analysed the general characteristics of the free movement of services, the relationship to the other freedoms of the internal market and the legal basis of this freedom in the primary and secondary legislation of the European Union. First chapter is focused on historical development of the internal market of European Union and on principles on which internal market operates. Second chapter of this thesis defines the term "services" and examine the relationship to the other freedoms of the internal market as well as the legal basis of the free movement of services in the primary and secondary legislation of the European Union. Third chapter of the thesis is focused on the restrictions of the free movement of services, direct and indirect discrimination, non- discriminatory restrictions and also on the harmonization of standards. Forth chapter examine legitimate restriction of the free movement of services both in the primary and secondary legislation of the European Union. Purpose of the last...
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Comparison of the Role of Informal Caregivers in the System of Long-term Care in the Czech Republic and Slovakia
Svobodová, Lucie Magdalena ; Kotrusová, Miriam (advisor) ; Geissler, Hana (referee)
This bachelor thesis looks into informal long-term care in the Czech Republic and Slovakia. Providing informal care can be hard and often has negative impacts on informal caregivers, which can even lead to burnout syndrome. But usually informal caregivers do not have a different choice because of unavailable formal care or the pressure of generation solidarity. The author describes long-term care in Czechoslovakia before 1989 in order to confirm or refute the validity of path dependence theory; she uses Sigrid Leitner's typology. Then she pinpoints the role of informal caregivers in the Czech Republic and Slovakia and afterwards she draws a comparison between them. The comparative analysis is based on given criteria, it especially focuses on informal caregivers' rights and obligations. Lastly, the author tries to apply discovered similarities and differences between the Czech Republic and Slovakia to the path dependence theory and verify its validity.
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