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Main Consequences of Violation of EU Law by Member States
Neubauer, Jindřich ; Král, Richard (advisor) ; Smolek, Martin (referee) ; Scheu, Harald Christian (referee)
Ph.D. Thesis Abstract Title: Main Consequences of Violation of EU Law by Member States Author: Jindřich Neubauer Supervisor: doc. JUDr. Richard Král LL. M. This Ph.D. Thesis deals with the main consequences of violations of EU law by Member states of European Union. It focuses mainly on the two most important instruments foreseen by EU law for ensuring proper application of EU norms. The first is the principle of state responsibility for breach of EU law. The second is infringement procedure based on articles 258 - 260 of the Treaty on the functioning of the European Union (hereinafter "TFEU"). The aim of this Thesis is to describe and analyze two relatively independent but linked tools which ensure fulfillment of obligations arising from EU law. The importance of such analysis is clear from the high number of infringement proceedings initiated every year against the Czech Republic and current discussions about how to transpose the principle of member-state liability for breach of EU law into the national legal order. The understanding of such tools is necessary for the successful professional defence of member states' interests before the Court of justice of the European Union (hereinafter "CJEU"). It is also necessary to reflect on and examine major changes in European law which have occurred through...
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Protection of Right to Fair Trial in Relation to Preliminary Ruling Proceedings
Němečková, Petra ; Tomášek, Michal (advisor) ; Král, Richard (referee) ; Smolek, Martin (referee)
v anglickém jazyce - English abstract Protection of Right to Fair Trial in Relation to Preliminary Ruling Proceedings Right to fair trial is one of fundamental human rights, which enables individuals to effectively invoke their rights and freedoms before a lawful, impartial and independent court. In Europe, the protection of this right is guaranteed at a multi-layer level, whose layers interact: first layer is formed by constitutional orders of individual States, second layer by institutions of European Union, in particular the Court of Justice of the European Union, and a third one, that of the European Court for Human Rights. In the European Union, the Treaties have introduced the mechanism of preliminary ruling with the aim of preserving unity within the Union and of ensuring coherent interpretation and application of European law by the courts of the Member States. Preliminary ruling proceedings ensure effective cooperation between national courts and the Court of Justice of the European Union. Art. 267 TFEU provides for an obligation to request a preliminary ruling for national courts of last instance (if none of the CILFIT case law conditions is met). Breach of this obligation may entail violation of right to fair trial at all three layers of human rights protection in Europe. Each European...
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Legal issues of the protection of biodiversity
Zicha, Jiří ; Damohorský, Milan (advisor) ; Smolek, Martin (referee) ; Stejskal, Vojtěch (referee)
Legal problems of biodiversity conservation, dissertation JUDr. Ji í Zicha, supervisor: prof. JUDr. Milan Damohorský, DrSc. Charles University, Faculty of Law, Department of Environemntal Law Prague, September 2010 The aim of the dissertation is to confront legal and institutional framework of conservation of biodiversity with its biological principles and most serious current threats, and assess to which extend are these systems and phenomenons in conformity and where eventually exist gaps and shortages. As a method of this confrontation was chosen an overview and analysis of relevant sources of law and other related information in the context of each level of biodiversity, and further in the context of several substantive and legal connections. With respect to characteristics of biodiversity which, similarly as other components of environment, does not respect borders created artificially by man, international law of global and regional scope plays a crucial role. It is valid almost without any reservation for nearly homogenous marine environment, in case of terrestrial environment some physical and geographical framgmentation can be observed and the role of particular state with its internal legal regime is more important. Individual issues are therefore primarily discussed from the point of...
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