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Position of the Federal Constitutional Court to the Outright Monetary Transactions (OMT program).
Trojanová, Justina ; Mlsna, Petr (advisor) ; Handl, Vladimír (referee)
This thesis titled The position of the Federal Constitutional Court to the Outright Monetary Transactions (OMT program) is dealing with the program of direct monetary transactions (OMT) and its compliance with EU primary law. It is the first time in history, when the German constitutional court submitted a question to the Court of Justice of the EU. The program was announced in 2012 as a program of unlimited purchases of government bonds. It has not been applied yet, but its very existence has helped to calm European markets and bond yields of states which are faced with financial problems. Large number of German politicians and economists stepped up against the program and shared the view that the program essentially requires that German taxpayers pay bills for other eurozone countries. It was also emphasized that this program clearly exceeds the mandate of the European Central Bank of maintaining price stability. This work includes logically arranged chapters, which include the creation of the euro zone, Greek debt crisis, subsequent rescue programs and solitude OMT program and judicial proceedings in relation to this program. The final section focuses first on the judgment of the European Court of Justice, which sets out important conditions for the possible application of the program in the...
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The aims and objectives of the European Union information policy (with a focus on librarianship in the institutional structure of the European Union)
Fryščáková, Soňa ; Vlasák, Rudolf (advisor) ; Křížková-Pessrová, Hana (referee) ; Papík, Richard (referee)
Mgr. Soňa Fryščáková The aims and objectives of the European Union information policy (with a focus on librarianship in the institutional structure of the European Union) (dissertation thesis) (Směřování a cíle informační politiky Evropské unie (se zaměřením na knihovnictví v rámci institucionální struktury Evropské unie) Abstract This thesis is focused on the analysis of the selected libraries (and the other information services) of the European Union Institution, in particular the analysis of their current situation with an aim to address a proposal for their further development. The proposal points out problematic areas within the libraries' operation and prepares suggestions to the program goals of the information policy of the libraries of EU Institutions. The first part is devoted to the EU information policy in general and presents the development of the information society in the context of the European Union. The next section describes the information services of the EU Institutions. Specifically, those are libraries of selected EU institutions and also the Historical Archives of the European Union and the professional association of European libraries Eurolib. The last part deals with analysis of the information strategy of the EU institutions and with the solution that represent program aims of...
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Subsidiarity in EU law
Krátký, Jiří ; Tichý, Luboš (advisor) ; Pítrová, Lenka (referee)
Subsidiarity in EU law English Summary / Abstract The upcoming 30th anniversary of the Maastricht treaty is an opportunity to celebrate but also to critically evaluate the overall success of this significant political step towards deeper European integration. The Maastricht treaty incorporated the Principle of Subsidiarity as a general principle of law into the EU legal system. The Principle of Subsidiarity was intended as a safeguard against a creeping centralization and federalization of the alliance and a means of regulating the exercise of the Union's non-exclusive powers. Thirty years of experience is a good time to evaluate the success and fulfillment of that mission. This is all the more pertinent in 2021 as the EU finds itself on the threshold of a new public debate about the future of Europe. The Principle of Subsidiarity underwent several textual changes on the way to being anchored in the Treaties. Despite these changes the case law of the ECJ has remained for unclear reasons underdeveloped in comparison with other issues and areas of judicial review. The original emphasis placed on a judicial review of the fulfillment of substantial conditions and ex-post control of the principle has lately shifted to the ex-ante procedural one. Unfortunately, even this change did not bring the expected results....
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Position of the Federal Constitutional Court to the Outright Monetary Transactions (OMT program).
Trojanová, Justina ; Mlsna, Petr (advisor) ; Handl, Vladimír (referee)
This thesis titled The position of the Federal Constitutional Court to the Outright Monetary Transactions (OMT program) is dealing with the program of direct monetary transactions (OMT) and its compliance with EU primary law. It is the first time in history, when the German constitutional court submitted a question to the Court of Justice of the EU. The program was announced in 2012 as a program of unlimited purchases of government bonds. It has not been applied yet, but its very existence has helped to calm European markets and bond yields of states which are faced with financial problems. Large number of German politicians and economists stepped up against the program and shared the view that the program essentially requires that German taxpayers pay bills for other eurozone countries. It was also emphasized that this program clearly exceeds the mandate of the European Central Bank of maintaining price stability. This work includes logically arranged chapters, which include the creation of the euro zone, Greek debt crisis, subsequent rescue programs and solitude OMT program and judicial proceedings in relation to this program. The final section focuses first on the judgment of the European Court of Justice, which sets out important conditions for the possible application of the program in the...
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Recognition of the professional qualification as a tooll for pursuing of the profession in the EU member states
Tesař Rašková, Zuzana ; Štangová, Věra (advisor) ; Brádlerová, Libuše (referee)
The main objective of this work is to analyse the system of recognition of professional qualifications within the EU as a tool to access and pursue a certain profession. It is an important condition for the realization of one of the fundamental EU freedoms, which is free movement of labour. Regardless of the adoption of the Professional Qualifications Directive in 2005, the area of recognition of professional qualifications has quite a long history in the EU. From a legal point of view this legislation is important because it provides the functionality of the free movement of labour. Mobility of qualified professionals in the European Union is still at a relatively low level. To some extent, these skills shortages could be filled by people with professional qualifications obtained outside the EU, who however currently face major problems in having their qualifications recognized. To take full advantage of the freedom of movement, their qualifications must be easily recognized in other Member States. It is therefore essential that the Professional Qualifications Directive sets out clear and simple rules for the recognition of professional qualifications. Millions of professionals in Europe benefit from these rules nowadays. It is estimated that the system of automatic recognition on the basis of...
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The aims and objectives of the European Union information policy (with a focus on librarianship in the institutional structure of the European Union)
Fryščáková, Soňa ; Vlasák, Rudolf (advisor) ; Křížková-Pessrová, Hana (referee) ; Papík, Richard (referee)
Mgr. Soňa Fryščáková The aims and objectives of the European Union information policy (with a focus on librarianship in the institutional structure of the European Union) (dissertation thesis) (Směřování a cíle informační politiky Evropské unie (se zaměřením na knihovnictví v rámci institucionální struktury Evropské unie) Abstract This thesis is focused on the analysis of the selected libraries (and the other information services) of the European Union Institution, in particular the analysis of their current situation with an aim to address a proposal for their further development. The proposal points out problematic areas within the libraries' operation and prepares suggestions to the program goals of the information policy of the libraries of EU Institutions. The first part is devoted to the EU information policy in general and presents the development of the information society in the context of the European Union. The next section describes the information services of the EU Institutions. Specifically, those are libraries of selected EU institutions and also the Historical Archives of the European Union and the professional association of European libraries Eurolib. The last part deals with analysis of the information strategy of the EU institutions and with the solution that represent program aims of...
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Problematic aspects of the C.I.L.F.I.T. criterions enshrined in the CJEU's judgement
Sviatkin, Ivan ; Kunertová, Tereza (advisor) ; Zemánek, Jiří (referee)
The topic of the thesis are CILFIT criterions. These criterions were established by the Court of Justice of the European Union as conditions for application of the acte clair doctrine by national courts of last resort. The conditions determine situations in which such a court does not have an obligation under Article 267/3 to bring a matter before the Court of Justice. First of all, thesis describes the historical circumstances, which gave rise to the CILFIT case as well as the facts of that issue. Then it analyses one by one CILFIT criterions and also current procedure of submitting preliminary questions as a whole. As a part of the analysis, it focuses on the practical application of the abovementioned conditions by the courts of the Member States. It targets purely theoretical ideas too. The thesis, further, identifies certain problematic aspects of the CILFIT conditions. Subsequently, some possible solutions are being suggested and their effectiveness and appropriateness are being examined.
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Case-law of the Court of Justice of EU in the field of the environmental protection (in the area of access to environmental decision-making)
Müller, Jan ; Franková, Martina (advisor) ; Snopková, Tereza (referee)
: This thesis aims to analyze the case-law of the Court of Justice of the European Union in the field of legal protection of access to environmental decision making, with prejudice to the EIA process, consequently to ascertain the compliance of the legal order of the Czech Republic with the law of the European Union in the area of study and therefore assess the possibilities of the future developments in this matter. To do so, this thesis firstly describes the basic properties of access to environmental decision making and its legal basis both in the international law and the law of the European Union. Secondly, the pertinent statutes of the Czech Republic are analyzed in this regard on the basis of the Case C-368/09, Comission v. Czech Republic and then conclusion is reached that even after the amendment of Act No. 100/2001 Coll., on the ascertaining of effects on the environment, Czech Republic does not comply with the requirement to correctly transpose the European Union law. The analysis proceeds with next step to ascertain whether Czech Republic complies at least with the requirement to implement the European Union law accordingly. This goal is accomplished by analyzing the caselaw of the Court of Justice dealing with legal problems pertaining to the legal orders of Federal Republic of Germany...
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Effects of judgments of the Court of Justice of the European Union on trade mark law with further analysis of cases concerning the L'Oréal Group
Kubínová, Aneta ; Bič, Josef (advisor) ; Němcová, Ingeborg (referee)
This thesis analyses the effects of judgements of the Court of Justice of the European Union on a particular company represented by the French transnational corporation L'Oréal Group. In the first chapter I explain the system within which the protection of the intellectual property is realised. Firstly, I define the key concepts of the intellectual property, and then I introduce the means of the legal protection of the intellectual property on both national and international level. The analysis of the trademark law of the European Union follows in the second chapter where I examine its presence in both primary and secondary law, where I describe the roles of the Court of Justice of the European Union and the Office for Harmonisation in the Internal Market and where I introduce the most important judicature of the Court of Justice of the EU related to the trademark law. The third chapter is of the highest practical importance as it contains the discussion on the effects of judgements of the Court of Justice of the European Union on the L'Oréal Group in the form of a case study. Firstly I analyse the economic strategy of the group and I assess the importance of trademarks for L'Oréal, then I introduce the most important cases of the Court of Justice of the EU in which L'Oréal has been a party to the dispute. I conclude this chapter with the analysis of the effects of judgements of the Court of Justice of the EU on L'Oréal.
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