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The principle of ensuring effective judicial protection by Member States in the context of current case law of the CJEU
Kaluha, Štěpán ; Navrátil, Petr (advisor) ; Svobodová, Magdaléna (referee)
The Principle of Ensuring Effective Judicial Protection by Member States in the Context of the Current Case Law of the CJEU Abstract in English This diploma thesis named The Principle of Ensuring Effective Judicial Protection by Member States in the Context of the Current Case Law of the CJEU, deals with the manifestations of this principle in the case law of the Court of Justice, especially with regard to its horizontal dimension which is related to the ongoing judicial reforms in Poland. The objectives of the thesis are to analyse and evaluate the principle of ensuring effective judicial protection, to compare it with the principle of national procedural autonomy and, through the analysis of three recent decisions of the Court of Justice, to identify a new direction in the case law of the Court of Justice after the ASJP decision. The thesis is divided into two parts - theoretical and practical. In the theoretical part, I place the principle of ensuring effective judicial protection by Member States in the broader context of EU law as a general principle of EU law and thus part of primary law. Then I discuss the principle in detail, in particular exploring its definition in the Treaties and in the case law of the Court of Justice, analysing its content and briefly discussing the consequences of its breach...
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Application of Article 7 of the TEU: the cases of Poland, Hungary and Romania
Sechovcová, Anežka ; Šlosarčík, Ivo (advisor) ; Weiss, Tomáš (referee)
Some of the member states of the European Union are currently facing a rule of law crisis characterized by threats to the independence of the judiciary, to the media or to the freedom of speech. The situation is most critical in Hungary and Poland where these values are being systematically violated. However, Romania is also among the member states facing a crisis of the rule of law,mainly because of the threatsto the independence of judiciary and the limitation of anti-corruption measures. Since the value of the rule of law is enshrined in Article 2 of the Treaty on European Union, its violation is a reason for sanctioning the member state. The European Union has several instruments at its disposal to sanction these states and as well protect European values. One of the most important is the mechanism under the Article 7 of the Treaty on European Union which can cause a member state to lose its voting rights in the Council of the European Union. Using the process tracing method, the thesis traces the steps taken by the European institutions to apply this mechanism in the cases of Poland, Hungary, and Romania. The aim of the thesis is to determine whether there are interdependencies among the three cases. Based on the research, it can be concluded that there are significant differences among the...
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Foreign Direct Investment in Emerging Markets: The Case of Turkey
Huseynli, Orkhan ; Geršl, Adam (advisor) ; Zeynalov, Ayaz (referee)
This paper studies determinants of FDI in Turkey using panel data analyses. The results of the study show that political stability, education level, rule of law, and trade cost have significant impact on FDI inflow in Turkey while similarity in economy size of home and host country (Turkey) has not. The effect of the trade cost and rule of law was surprising but it gave a clue to new research area. It was concluded that next studies of FDI determinants in Turkey must be conducted at firms' level to better understand the behaviour of foreign direct investments in the country.
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Determination of firm boundaries: Influence of regulations and rule of law on firm size
Dočkal, Ondřej ; Cahlík, Tomáš (advisor) ; Schwarz, Jiří (referee)
Study of determinants of firm size is important for policy making and economic theory, because much of economic growth takes place within firms and firms are prevailing form of organisation of production units in modern economies. Theory o↵ers contradictory views on e↵ect of quality of regulations and rule of law on firm size. Better regulatory quality in the environment of post-soviet countries enables firms to become larger. In the case of rule of law, the relationship seems to be rather fragile and of a more complex nature with ambiguous e↵ects, hence the matter re- mains subject of future research. Regulatory quality and rule of law explain only very little part of variations in growth rates of firms. Keywords: firm size determination, quality of regulations, rule of law, industrial organisation Character count: 73 717 Abstrakt Studium determinantů velikosti firem je důležité pro vytváření politik i ekonomickou teorii, protože velká část ekonomického růstu je způsobena růstem existujících firem a firmy jsou převažující formou organizace produkčních jednotek v moderních eko- nomikách. Teorie přináší protichůdné pohledy na vliv kvality regulace a právního státu na velikost firem. V prostředí postsovětských zemí je růst kvality regulace spojený s růstem velikosti...
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Analysis of Polish Judicial Reform in the Line of Recent ECJ Judgment - Commission vs. Poland
Shushanashvili, Ketevan ; Solanes Mullor, Joan (advisor) ; Šlosarčík, Ivo (referee)
The judicial system of Poland is at the forefront of public, constitutional, political and legal debates of the European Union. Different aspects of rule of law in Poland, such as independence of judges, their right to irremovability, the alleged intention of the government to occupy and impact Polish judicial sector are discussed among academics. The aim of this research conducted throughout the thesis is to add complete and all-inclusive analysis of the recent judgment of European Court of Justice (hereinafter: "ECJ") regarding lowering retirement age of judges to the ongoing academic literature. Furthermore, before reaching that conclusion, providing the reader with the review of Polish political debate, the responses of European Union institutions and analysis of the necessity of the reform for Polish judicial system. Powered by TCPDF (www.tcpdf.org)
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Good Governance in Theory and Practice
Vošahlíková, Radka ; Ochrana, František (advisor) ; Půček, Milan Jan (referee)
This master's thesis offers comprehensive perspective of good governance concept in a theoretical level as well as from a practical point of view with emphasis on the Czech Republic. The objective of the thesis is to investigate the theoretical background of the good governance concept and its basic principles, focused on dealing with the concept in the Czech Republic. The work also provides the assessment of the critical points associated with the good governance concept implementation and attempts to provide the possible solutions to eliminate these points. Thirteen research interviews were conducted with the public administration staff members and the leading experts in the field to analyze the current state of good governance in the Czech Republic. Thematic analysis was utilized for this purpose and results have shown that good governance is not broadly applied yet. Besides the apparent issues such as problems with human resources, communication, politicization of public administration, departmentalism or absence of long-term vision, the key obstacle to implementation of the good governance concept in the Czech Republic seems to be low level of cultural and social standards.
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Recent Trends in Fair and Equitable Treatment in Investment Arbitration
Hrčka, Daniel ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
(English) Often evoked by investors before arbitral tribunals and at the same time causing controversy and uncertainty with regard to its contents. Fair and equitable treatment standard of protection (FET) suffers from its vague formulation in bilateral investment treaties but simultaneously this characteristic enables it to fulfil the function of filling gaps left by other standards of protection. This results in a fact that uniform understanding of the standard seems impossible to achieve. Inherent dispute on whether FET amounts only to minimum standard of treatment under customary international law or is rather an autonomous standard is also embodied in various wordings of FET clauses present in the treaties. Unless specific link to minimum standard is made, almost all methods of legal interpretation prove that FET is an autonomous concept. Enumeration of sub-elements of FET in clauses will also not achieve certainty mainly because of disputes on contents of some of these sub-elements. Effort to shed more light on the contents of the standard is achieved by evaluation of values of rule of law as well as requirements of morality and legality (necessary for functioning of every legal system) presented by legal philosopher Lon Fuller. A set of universally accepted principles is extracted from these...
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The concealed performance of public power and values protected by the constitutional order
Klaban, Vladimír ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
The aim of this diploma paper is to analyse and define the nature of secret exercise of public authority and to asses this phenomena in respect of the fundamental principles of the democratic rule of law. Any secrecy in exercising public authority is in fact a clear contradiction to a natural concept of the human rights and fundamental freedoms. Therefore the republic, as a public institution, should not have too many secrets to hide away from the people if its own principles are not to be completely disgraced. Secrecy in exercising public authority is a specific feature often related to the areas such as securing the sovereignity and territorial integrity of the Czech Republic, protecting its democratic foundations, protection of the lives and health of the population as well as the right to own the property. This is in full accordance with the constitutional duty of the state. Limited access to the information has a unique and 84 inevitable role in these areas and it is clearly mentioned in the Charter of Fundamental Rights and Freedoms, the European Convention of Human Rights and Freedoms and the International Covenant on Civil and Political Rights. The question of choice between the security and the liberty has been recently heavily discussed by the people as a natural follow up to the...
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The Indpendene of the Judiciary in the Czech Republic
Josef, Jakub ; Kindlová, Miluše (advisor) ; Syllová, Jindřiška (referee)
This diploma thesis deals with the topic of the independence of the judiciary, which is grasped in its full complexity. The thesis aims to answer two research questions: what techniques of influencing of the independence of the judiciary exist and how could be the resistance of the Czech judiciary against these techniques strengthened. In order to answer these two questions, thesis introduction elaborates the theory of the concept of an independent judiciary, independent court and independent judge and explains the difference between the concepts of judicial independence and judicial impartiality. After the introduction, the thesis describes in detail the steps which have been undertaken in Hungary and Poland since 2010 and which enabled to paralyze the independence of the judiciary in these states. The detailed description of the attacks against the independent judiciary helps to conceive different kinds of techniques by which can be the judiciary influenced. These techniques are categorized in the third part of the thesis. More attention is given to the court- packing technique and to the technique of disciplinary proceedings with judges. Another part of the thesis is dedicated to the second research question - how one can successfully fight against techniques of influencing an independent...
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