|
|
Information exchange among competitors with a focus on trade associations
Stoláriková, Monika ; Šmejkal, Václav (advisor) ; Svoboda, Pavel (referee)
The subject matter of the present diploma thesis is an exchange of information as an individual cartel behavior. It focuses on processes and operations that are performed within the frame of activities of trade associations. It should, first, be noted that in most cases, the exchange of information is an absolutely legal way how to make qualified and successful decisions on the transparent market. However, under particular conditions, it may represent a danger in the form of violation of competition law. Such violation can present particularly an exchange of information that removes uncertainty in market relationships and enables companies to foresee behavior of other competitors. The primary objective of this thesis is to complexly describe an attitude that evolved in the interpretation and application practice of the European Commission, or as the case may be of the European courts. On the base of theoretical findings and analysis, the thesis defines criteria that are applied when assessing exchange of information and determines the border between the legal and illegal exchange of information among competitors in the actual law of the European Union. So far as the content is concerned, the thesis is divided into five separate chapters. The first one provides a general definition of the exchange of...
|
|
|
Legal issues of establishing European political parties
Skalická, Pavlína ; Svoboda, Pavel (advisor) ; Pítrová, Lenka (referee)
The goal of this diploma thesis is to define the European political parties. The thesis has been divided into five chapters, which are further subdivided. The reason why I have chosen this topic is quite simple - to analyse the current status of the European political parties and introduce them to wider audience not to be confused anymore with political groups in the European Parliament. In the first chapter the thesis brings a brief definition of the legal constitution of political groups in the European Parliament. For many years there has been confusion between the concept of a European political party and political group, so the thesis defines the political groups and its position in the European Parliament in order to create a basis for their differentiation from the European political parties. The second chapter is devoted to create a definition of the European political party and to bring the legal regulation of the European political parties. The thesis focuses also on the variability of their legal base in the treaties of the European Union (legal base before the Treaty of Lisbon, legal base in the Treaty establishing a Constitution for Europe and legal base in the Treaty of Lisbon). The third chapter is dedicated to legal issues of the European political parties. Emphasis was put on...
|
|
|
The rule-making power of the European Commission
Lenfeld, Jiří ; Král, Richard (advisor) ; Svoboda, Pavel (referee) ; Svobodová, Magdaléna (referee)
The rule-making power of the European Commission, dissertation Mgr. Mgr. Jiří Lenfeld, M.A.; supervisor: doc. JUDr. Richard Král, Ph.D., LL.M. Charles University, Faculty of Law, Department of European Law Prague, March 2013 The aim of the dissertation is to analyse the role of the European Commission in the legislative process of the European Union with the focus on procedures for adoption of legally binding Union acts. The European Commission is one of the main institutions of the European Union. It represents and upholds the interests of the EU as a whole and manages the day-to-day business of implementing EU policies. However, to limit the role of the European Commission to that of an executive body would be misleading. Its role in the EU institutional system is much broader than that. The European Commission is the most important legislator among the EU institutions and is also empowered with an almost exclusive power to submit drafts of EU legal acts. The rule-making power of the European Commission could be seen from two different points of view. In a narrow sense of the word it could be seen as a power conferred on the European Commission by the Treaties to propose drafts and to adopt EU legal acts implementing legally binding Union acts. However, the exercise of the rule-making power may...
|
|
|
Problems of Privacy and Personal Data Protection in EU Law
Novák, Daniel ; Svoboda, Pavel (referee) ; Scheu, Harald Christian (referee)
The concept of privacy - as a legal category - was expressed by S. D. Warren and L. D. Brandeis in his article "The Right to Privacy" published in the Harvard Law Review in 1890. We sometimes hear voices that privacy should not be a separate object of legal protection. It has been criticized that the definition of privacy is boundless, because many offences affect the privacy and they have no specific common denominator. However, the notion of privacy can be structured. The core of the text refers to the right of privacy within the meaning of information, namely within the European Union. The Convention for the Protection of Human Rights and Fundamental Freedoms will increase its importance in EU law after the Lisbon revision. Under Article 6, paragraphs 2 and 3 of the Treaty on European Union as amended by the Lisbon Treaty, the Union shall accede to this Convention. The Court of Justice of the European Union recognizes judicial opinions of the European Court of Human Rights, which has been interpreting the right to privacy broadly. The Court of Justice of the European Union enshrined the protection of privacy in the general principles of EU law and it creates its own case law on this issue. Art. 6, paragraph 1 TEU, as amended by the Lisbon Treaty states that the Union recognizes the rights, freedoms and...
|
|
|
Private Enforcement of European Union Antitrust Law
Mačát, Jiří ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
This thesis deals with the competition law of the European Union, namely with the private consequences of cartel agreements (as defined in Article 101, paragraph 1, TFEU) and with their enforcement. It understands its subject widely and therefore it is not concerned only with private consequences and their enforcement but it also analyses the nature of prohibition and voidness of such agreements on the basis of a causal relationship between these legal concepts and respective consequences. Furthermore, it describes the private enforcement of EU competition law (which is legal instrument to enforce claims that emerge from private law consequences) not only from the perspective of its topic but also in terms of its relationship to the public enforcement. It also deals with the interaction between these enforcement systems. Chapter 2 of the thesis provides a basic introduction to the topic of cartel agreements governed by the EU law. It describes prohibition of these agreements under Article 101 paragraph 1 TFEU and deals with their voidness under paragraph 2 ibid. It concentrates on the later because of the considerable uncertainties about its nature in terms of interpretation of its legislation, absoluteness and possibility to severe void provisions from the rest. Chapter 3 covers the consequences of...
|
|
|
EU citizenship : recent development of the assessment of the personal and material scope of EU law
Cibák, Ondřej ; Svoboda, Pavel (advisor) ; Zemánek, Jiří (referee)
1 Abstract The objective of this thesis is to describe the fundamental issues related to the assessment of the material and personal scope of EU law with regard to the institution of EU citizenship. It follows that the purpose of the work is not to analyse the institute of EU citizenship as such. The attention is paid predominantly to the material scope. Contrary to the personal scope, it is precisely the area of the assessment of the material scope where we can recently observe the groundbreaking changes in the logic used by the CJEU. These changes are described by analysing four key judgments of the CJEU wherein a new approach to the assessment of the material scope was introduced. The main feature of the new approach is the abandonment of the traditional cross-border logic. In certain situations, it is now possible to deduce the material scope of EU law even without the existence of a cross-border element. This new approach is based solely on the status of EU citizenship. In this work, there is also analysis of the potential of this new approach, especially with regard to possible solutions to a problem of reverse discrimination. In addition to the introduction and conclusion the thesis contains five chapters. The first chapter is devoted to a brief explanation of the institute of EU citizenship. The...
|
|
|
An Impact of the Leniency Program and the Institution of Settlement upon the Civil Enforcement of Competition Law
Knebel, Petr ; Šmejkal, Václav (advisor) ; Svoboda, Pavel (referee)
Impact of the Leniency Program and the Institution of Settlement upon the Civil Enforcement of Competition Law Keywords: competition law, leniency program, private enforcement of competition law The purpose of this thesis is to assess the mutual interference between the private and public enforcement of competition law. In the public enforcement there is growing trend of using modern tools such as leniency programme or settlement decisions. These are based on the cooperation between competition authorities and undertakings. On the other hand such cooperation and very often disclosure of confidential information by undertakings may threaten their position in terms of potential civil law suits by consumers or business partners. It is often claimed that private and public enforcement are complementary but when it comes to these modern tools a clear conflict arises. The thesis consists of two following two chapters. First chapter describes the evolution of private enforcement of competition law within EU. From its underdeveloped beginnings ten years ago it started to attract attention. European Commission has recently published a proposal of a directive which should foster the private enforcement within EU. Second half of the first chapter describes the development of new modern tools within the public...
|
|
|
Development of UHPLC-MS/MS method for the determination of statins and their metabolites
Svoboda, Pavel ; Nováková, Lucie (advisor) ; Novák, Ondřej (referee)
Charles University in Prague, Faculty of Pharmacy in Hradec Králové Department of Analytical Chemistry Candidate: Pavel Svoboda Supervisor: Doc. PharmDr. Lucie Nováková, Ph.D. Title of Graduation Thesis: Development of UHPLC-MS/MS method for the determination of statins and their metabolites This graduation thesis deals with development of the method for the determination of statins and their metabolites by ultra-high performance liquid chromatography coupled to tandem mass spectrometry. First, the chromatographic conditions were optimized. Next, the parameters of mass spectrometer were optimized. And finally, repeatability, linearity and sensitivity of the method were assessed. Chromatographic column BEH C18 (50 x 2.1 mm, 1.7 µm) was used for the analysis. The choice of column was performed using UV spectrophotometric detector. The mobile phase of the gradient elution consisted of 0.1 mM ammonium acetate (A) and acetonitrile (B). The initial ratio of mobile phase A:B was set at 70:30. The optimization of the mass spectrometry parameters started with the selection of precursor ions using direct infusion. Thereafter, the ion source parameters of the mass spectrometer were optimized. The ion transitions were optimized after the selection of product ions. The optimization of ion transitions was...
|
|
|
Taxation as state aid
Kubová, Jana ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
Taxation as State Aid The purpose of my thesis is to analyse taxation in connection with state aid. The reason for my research is to find out how Member States of European Union can use taxation without interfering with state aid provisions. The thesis is composed of three chapters. Chapter One is an introduction to the topic. There is a description of basic state aid provisions, taxation within European Union and the tax competition between Member States. Chapter Two examines article 107 of the Treaty on the Functioning of the European Union in respect of taxation. The chapter consists of nine parts. Five ones further discuss constituent elements of state aid, where the main attention is given to selectivity as the main problem in state aid cases. Another four parts focus on procedure, judicial review, recovery of state aid and de minimis regulation. This chapter is the key part of the thesis because it pursues better understanding of state aid definition with respect to taxation. Chapter Three concentrates on problems resulting from the intersection of state aid and taxation such as the influence on double taxation treaties, discretionary powers of Member State's authorities, different taxation of autonomous regions, and so on. Conclusions summarize the importance of state aid in internal market...
|
|
|
Applications of dendrochronology in hydrology and fluvial geomorphology
Šálek, Oldřich ; Treml, Václav (advisor) ; Svoboda, Pavel (referee)
Hydrological phenomena are natural processes that shape the landscape around us in the long-term and in some cases threaten our property or health. Dendrochronology is one of the methods of research of these phenomena and reconstruction of past hydrological events, that can be then used to predict and plan security measures in the future. The possibility of using a variety of dendrochronological methods in applied research, we can see in the meta-analysis of scientific studies available in electronic and printed form. The main finding of meta-analysis is a significant geographical disproportion in dendrohydrological survey. It also introduces a wide range of indicators, which are observed in various hydrological phenomena and also demonstrates application of dendrohydrological methods on specific studies.
|
guest ::
RSS feed.