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COMMON EU VISA POLICY AND THE RIGHT OF APPEAL AGAINST A VISA REFUSAL
Koukal, Michal ; Scheu, Harald Christian (advisor) ; Pítrová, Lenka (referee) ; Pořízek, Pavel (referee)
This thesis deals with a description and analysis of the EU law and policy on Schengen visas. The EU visa policy is analysed in its historical development and its place in the framework of Schengen acquis. Separately, important visa policy measures are analysed including the typology of visas, exceptions from visa obligation, visa reciprocity, visa facilitation and processes of visa liberalisation. Different phases of the visa procedure are studied with focus on the questions whether there is a right to be issued a Schengen visa when the conditions are met and the right of appeal. The relevant legislation subject to analysis is above all the Visa Code, the regulation on visa lists and the relevant jurisprudence of the Court of Justice. By way of illustration, the implementation in the Czech legal order is used and jurisprudence of the Czech higher courts is quoted to show to what extent the EU visa procedure and visa refusal matches the requirements of the administrative law theory on the administrative procedure and decision in general. The relevant rules are assessed as to the extent they match with principles of legitimacy, influence of legal certainty, effectiveness and proportionality. The core of the work is a hypothesis that current EU visa rules do not establish a right to a visa when the...
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The Legal Nature of the Schengen Acquis
Solich, Robert ; Král, Richard (advisor) ; Scheu, Harald Christian (referee)
The Legal Nature of the Schengen Acquis Mgr. Robert Solich Abstract The thesis deals with general legal aspects of the Schengen acquis which represents a set of rules relating to the lifting of the border control at internal borders of the states concerned. It especially focuses on internal structure of the Schengen acquis, at its legal effect and legal forms with their mutual relations during particular phases of the development of the Schengen acquis. The author describes in detail the process of europeisation of the Schengen acquis, which was originally created as a legal subsystem of international law based on the "Schengen agreements" and later integrated into the framework of EU on the basis of the Treaty of Amsterdam. The author elaborates the question of legal effects of the acquis integrated in the EU and its co-existence with newly adopted Community or Union Schengen acquis. Within the analysis, the changes stemming from the Treaty of Lisbon are taken into account as well. The thesis further deals with territorial scope of the Schengen acquis and the EU case-law relating to the acquis in question.
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The European Union as a normative power in relation to Russian Federation?
Klanicová, Viktória ; Karlas, Jan (advisor) ; Kučerová, Irah (referee)
The aim of this thesis was to examine the extent to which the European Union can be considered a normative power in relation to the Russian Federation. The European Union has evolved into one of the most important global actors in the international arena and this development has, consequently, sparked series of debates trying to define the role of its actorness in relation to third parties. On one hand, scholars have emphasized the normative and value-driven features of the European Union as a whole, especially in the area of foreign policy cooperation where there exists enhanced emphasis on the importance of values and norms in comparison to other traditional actors in international relations. On the other hand, structural realists provided alternative interest-driven vision under which the member states are expected to follow common approach of the European Union only in cases that do not conflict with their national interests that are claimed to always prevail. These two alternative perspectives to the research have provided thesis with criteria of expected behaviour that the thesis examined on the specific case of the visa policy of the European Union towards Russia. The accuracy of the two theoretical frameworks was analysed by following three criteria - development of the policy over time,...
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Western Foreigners Living in Czechoslovakia during the Normalization Era
Mašková, Tereza ; Houda, Přemysl (advisor) ; Krátká, Lenka (referee)
This thesis based on an archive research as well as interviews with eleven interviewees describes aspects of every day routine in the lives of western foreigners in Czechoslovakia during the nineteen-seventies and eighties. Testimonies of the interviewees are set in context where a special emphasis is placed on legislation and internal regulations mostly of bodies of the Ministry of Interior concerning Czechoslovak visa policy, the status of foreigner in relation to Czechoslovakian citizens (marriages) and the police apparatus (observing, tailing and monitoring). Based on the testimonies and the archive material it can be concluded that the Czechoslovakian regime did not see the western foreigners as a priori ideological enemies and tolerated their presence in Czechoslovakia. Bureaucratic procedures, however, were set in such a fashion that the foreigners could be closely observed. A fear of not having their stay extended, resp. being expelled, often led those interviewees who wanted to live in Czechoslovakia permanently to subconsciously avoid conflicts with the regime. All interviewees are critical of the former regime and are able to accurately characterize its nature and its main negative aspects, but at the same time they perceived positively certain aspects of life in the brought-into-line...
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Changes in visa policy CR after the accession into the Schengen area
Bubnová, Kristýna ; Šlosarčík, Ivo (advisor) ; Handl, Vladimír (referee)
The aim of the thesis entitled Changes in the visa policy of the Czech Republic after accession into the Schengen Area' is the outline and summary of changes that occurred in the area of visa policy of the Czech Republic after accession to the Schengen Area. You will also learn how these changes affected the citizens from other countries, who travel to the Czech Republic for a visa or visa waiver, and to what extent the adoption of the Schengen acquis affected their stay on the Czech territory. The thesis focuses primarily on short visits. Rules for long stays remained the responsibility of particular states and thus are not harmonized within the European Union. It should be noted that the adoption of the Schengen acguis for holders of long-term visas and residence permits holders modified the travel opportunities in the Schengen Area. The introduction of the thesis presents the rules of common visa policy that the states within the Schengen Area apply. Subsequently, the thesis deals with the implementation of the Schengen standards into the visa policy of the Czech Republic and how the adoption influenced the issuing of visas. In conclusion, the impact of the accession to the Schengen Area on specific cases is presented through case studies. Ukraine is listed as a country with a visa requirement,...
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The Legal Nature of the Schengen Acquis
Solich, Robert ; Král, Richard (advisor) ; Scheu, Harald Christian (referee)
The Legal Nature of the Schengen Acquis Mgr. Robert Solich Abstract The thesis deals with general legal aspects of the Schengen acquis which represents a set of rules relating to the lifting of the border control at internal borders of the states concerned. It especially focuses on internal structure of the Schengen acquis, at its legal effect and legal forms with their mutual relations during particular phases of the development of the Schengen acquis. The author describes in detail the process of europeisation of the Schengen acquis, which was originally created as a legal subsystem of international law based on the "Schengen agreements" and later integrated into the framework of EU on the basis of the Treaty of Amsterdam. The author elaborates the question of legal effects of the acquis integrated in the EU and its co-existence with newly adopted Community or Union Schengen acquis. Within the analysis, the changes stemming from the Treaty of Lisbon are taken into account as well. The thesis further deals with territorial scope of the Schengen acquis and the EU case-law relating to the acquis in question.
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COMMON EU VISA POLICY AND THE RIGHT OF APPEAL AGAINST A VISA REFUSAL
Koukal, Michal ; Scheu, Harald Christian (advisor) ; Pítrová, Lenka (referee) ; Pořízek, Pavel (referee)
This thesis deals with a description and analysis of the EU law and policy on Schengen visas. The EU visa policy is analysed in its historical development and its place in the framework of Schengen acquis. Separately, important visa policy measures are analysed including the typology of visas, exceptions from visa obligation, visa reciprocity, visa facilitation and processes of visa liberalisation. Different phases of the visa procedure are studied with focus on the questions whether there is a right to be issued a Schengen visa when the conditions are met and the right of appeal. The relevant legislation subject to analysis is above all the Visa Code, the regulation on visa lists and the relevant jurisprudence of the Court of Justice. By way of illustration, the implementation in the Czech legal order is used and jurisprudence of the Czech higher courts is quoted to show to what extent the EU visa procedure and visa refusal matches the requirements of the administrative law theory on the administrative procedure and decision in general. The relevant rules are assessed as to the extent they match with principles of legitimacy, influence of legal certainty, effectiveness and proportionality. The core of the work is a hypothesis that current EU visa rules do not establish a right to a visa when the...
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