|
|
Mutual Recognition of Qualifications within the European Union
Židlický, Martin ; Vondráčková, Aneta (advisor) ; Svobodová, Magdaléna (referee)
1 Abstract in English Mutual Recognition of Qualification within the European Union The thesis deals with the principle of mutual recognition of qualifications. This is one of the guiding principles concerning the free movement of persons and services. The text of the thesis is divided into three main chapters, which are further divided into subchapters depending on the partial question of the main topic of the chapter. A brief summary of the most important information is included at the end of the main chapters. The first part of the thesis deals with the historical basis for today's legal regulation of mutual recognition of qualifications. The concept of the principle of mutual recognition together with the sources of primary EU law is discussed. Subsequently, the secondary sources of EU law, the directive, which preceded the current form of legislation, are analysed. Finally, the content of the first part includes case law, which gave rise to the principle of mutual recognition and other decisions related to the topic of the thesis. The second part of the thesis is devoted to the current valid regulation of recognition of qualifications. The structure of Directive 2005/36 / EC of the European Parliament and of the Council on the recognition of professional qualifications of 6 July 2005 is described in...
|
|
|
Basic Qualifying Requirements in Public Tenders
Kročilová, Zuzana ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Basic Qualifying Requirements in Public Tenders The purpose of this thesis is to analyse the Basic Qualifying Requirements in the public tenders, as enacted in the Section 53 of the Act no. 137/2006 Coll., on Public Procurement, as amended. The initial reasons for my research are constantly changing legal rules in this branch of law that often do not reflect the European enactment in the Directive 2004/18/EC. The thesis is composed of an Introduction, 3 separate Chapters and a Conclusion. The Introduction outlines the aim of the thesis, its structure and arrangement of the Chapters are shown in this part as well. The Introduction is than followed by the first Chapter called Qualification, in which the topic of criteria for qualitative selection is discussed in the context of the general provisions concerning qualification in the public tenders. This Chapter is subdivided into two parts separately dealing with the requirements of the bodies governed by public law and entities operating in the water, energy, transport and postal services sectors. The second Chapter examines the European enactment of the Public Procurement in the Directive 2004/18/EC, as well as in the Directive 2004/17/EC concerning the entities operating in the above mentioned special sectors. The core of this part lies in a complex...
|
|
|
Hydromorphological survey and identification of reference status of the Jizera River
Tomšová, Zuzana ; Matoušková, Milada (advisor) ; Ferbar, Petr (referee)
Long-term and intensive human use of watercourses has led to their considerable degradation. Recently, there has been an effort to improve the ecological status of aquatic ecosystems, based on studies of hydromorphological characteristics of natural watercourses and identification of reference conditions. The aim of this thesis was the hydromorphological survey and an identification of reference conditions of the Jizera River. The selection of sites suitable for identification of reference status was based on pre-set criteria determined on remote sensing data, which eliminated significant anthropogenic impacts on the channel and floodplain. The survey using River Habitat Survey (Environmental Agency, 2003), Hydroecological Monitoring (Langhammer et al., 2014) and REFCON (Šmerousová a Matoušková, 2014a) methods was conducted in selected sites. Sites where hydromorphological conditions correspond with very good class, according to Hydroecological Monitoring, were used for identification of the type-specific reference conditions. Physico-chemical characteristics according to ČSN 757221 (1998) and Rosendorf et al. (2011) and the biological quality element macroinvertebrates according to Opatřilová et al. (2011) were also evaluated. Physico-chemical characteristics reached class I - II (ČSN, 1998) and...
|
|
|
Information on the environment
Švecová, Klára ; Franková, Martina (advisor) ; Humlíčková, Petra (referee)
Although these days, we can perceive the right for environmental information as something automated and quite natural in a democratic society, we must realize that it was far from it in the past. Hand in hand with the principle of secretiveness of state administration, the public had virtually no possibility to obtain information concerning not only the state of the environment but also general information concerning almost anything. It is not surprising after all because before 1989, neither the general right for information nor the right for environmental information were protected by law, less alone by the constitution. Nevertheless, the democratic changes which took place after the Velvet Revolution produced changes also in the field of the right for information and this right was, both generally - as a right for information, and specifically - as a right for environmental information, included in the legal regulation of the greatest legal force, the Charter of Fundamental Rights and Freedoms, which became a part of the constitutional order of the Czech Republic on the basis of the resolution of the Czech National Council presidium No. 2/1993 Coll. On the basis of its constitutional protection, the right for environmental information was provided for also by law (Act No. 123/1998 Coll.) and...
|
|
|
Ecological evaluation of streams in protected area Křivoklátsko in Directive 2000/60/ES
Kesnerová, Lucie ; Benešová, Libuše (advisor) ; Matoušková, Milada (referee)
This thesis deals with the monitoring of water quality and aquatic sediments analysis in the protected area Křivoklátsko. Monitoring was carried out at 16 locations and there were determined 14 physico-chemical parameters . Sediment samples were collected once for the whole period at 14 locations in which was determine the content of metals. In each sediment sample there was analyzed content of selected metals. The results of analysis, water and sediment samples were evaluated according to the Directives and regulations giving limits for water and sediment. Due to the Czech Republic is a member state of the European Union, the state was also evaluated according to Water Framework Directive. Theoretical part of thesis decribes characteristics of metals, their forms in water and soils. This section also contain some informations about water framework directive 2000/60/EC as a great step in a water policy. Moreover there is a short history about development water quality in the Czech Republic. Experimental section contains standards for determining water quality, but indicating in particular the processing of sediment samples from sampling to determine concentrations. The following chapter deals with the evaluation of the results given by legislation - for water to the CSN 75 7221 and Regulation...
|
|
|
The transfer of rights and obligations arising from employment relationship
Kůsová, Šárka ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
The thesis focuses on regulation of transfer of undertakings in the European Union and Czech law as defined by the Directive 2001/23/EC, the so called Acquired Rights Directive. Transfer of undertaking is a term used in labour law to describe a situation of change of employer as a result of legal transfer or merger. The aim of this thesis is to analyse the EU and Czech legal regulation of transfer of undertaking, especially with respect to the case law, its employment consequences, to mutually compare both regulations and finally to examine whether the Czech implementation complies with the Directive. The thesis is composed of four chapters. The first chapter is introductory and analyses the basic terminology of Czech labour law regarding employment relationship, its components and alterations, in particular the alteration of parties to employment relationship. The second chapter deals with the EU regulation of transfer of undertakings under the Acquired Rights Directive and abundant case law of the Court of Justice of the European Union. It starts with brief description of history of respective legal regulation and then describes the temporal, personal and territorial scope of the Directive. However, the scope that is the most complicated to define is the material scope, i.e. the range of cases to...
|
|
|
Legal status of family members of Union citizens in the light of European law
Jirsa, Tomáš ; Scheu, Harald Christian (advisor) ; Forejtová, Monika (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.
|
|
|
Theory and Practise of Temporary Agency Work
Horáková, Aneta ; Štefko, Martin (advisor) ; Koldinská, Kristina (referee)
Temporary agency work - it's legislation as well as its practise is the main topic of this thesis. It aims not only legal, but also economical and some other aspects. The issue is becoming more and more important in relation with unexpected changes at employment market. Number of temporary agency workers is expected to rise in near future. This is resulting from expectations for high-standard legislation providing efficient protection especially for temporary agency workers. The first aim is to summarize contemporary legislation in the Czech Republic, European Union and International Labour Organization. Next purpose is to point out its main problems and interpretation difficulties. Selected chapters illustrate the approach of temporary work agencies to some disputable provisions of a statute. The thesis is composed of fourteen chapters, each of them dealing with different aspects of temporary agency work. Chapter One is introductory and defines concept of temporary agency work, focuses on situation on employment market and describes the development of legislation. Chapter Two provides outline of sources of legislation in the area of temporary agency work in the Czech Republic, European Union and International Labour Organization. Chapters Three to Ten deal with basic subjects taking part in...
|
|
|
Analysis of the Position of the Czech Republic Concerning the Revision of Posted Workers Directive 1996/71/EC
Bein, Nikola ; Šlosarčík, Ivo (advisor) ; Tomalová, Eliška (referee)
This thesis focuses on the position of the Czech Republic towards the proposal of the revision of the Posting of Workers Directive, which was introduced by the European Commission in March 2016. Although the Czech Republic's statement was negative in March 2016, the Czech position supported the proposal during final voting in the Council in June 2018. The thesis aims at identifying causes of the position change using the Advocacy Coalition Framework and at confirming the main proposition, that change of the position may be explained by an existence of advocacy coalitions which tried to enforce their beliefs. The thesis concludes that the main proposition may be confirmed only partially. Although the existence of two advocacy coalitions with opposing beliefs was identified, it is not possible to claim absolutely that this is the true reason of the change. Two hypothesis were defined. First one is based on existence of the external sources whose presesnce was confirmed, as well as their dominant influence on the change. Therefore, this hypothesis was confirmed. The second hypothesis was disproved. The second coalition was much weaker and rather passive than the first one, so there was no need to overcome the "hurting stalemate" situation at the national level. The change was not absolute. It should...
|
|
|
Temporary residence permit for partners of EU citizens
Nováková, Kristina ; Kryska, David (referee)
Temporary residence permit for partners of EU citizens This thesis is focused on the administrative proceedings on the application for the granting of the temporary residence permit for the partners of EU citizens being considered as their family members. This paper analyses two statutory substantive conditions (permanent partner relationship (common-law marriage) that is not a marriage and cohabitation in a common household) and one procedural condition (the burden of proof lays primarily upon the applicant), which need to be fulfilled cumulatively in order to be able to consider a partner of an EU citizen as a family member of an EU citizen and so more favourable treatment stated in the Directive 2004/38/ES can be applied. I have found that a common-law marriage shall be an analogy of the marriage in terms of its nature and intensity; its permanency is especially a question of quantity, i.e. length of its duration, however it shall not be the only aspect, it is also needed to take into consideration the quality of the relationship, which can rest for example in a common obligation. Not only common past is therefore decisive, but also the planned common future. Cohabitation in a common household can be defined as an in advance not time limited cohabitation of a common-law wife and husband who...
|
guest ::
