|
|
Consumer protection law in the ongoing European internal energy market by the example of the Electricity Directive 2009/72/EC
Ziegler, Friedrich ; Tichý, Luboš (advisor) ; Bejček, Josef (referee) ; Macková, Alena (referee)
The thesis deals with the question about necessary conditions to achieve the objective of a high level of consumer protection in the context of the ongoing internal electricity market taking into account the grid-bound electricity supply, which is characterized by the natural monopoly of regulated networks as well as by competition for the homogeneous product electricity. It evaluates the relationship between effective competition and energy sector-specific consumer protection taking into account the energy-specific regulatory law and examines in detail the regulations of the Directive 2009/72/EC concerning consumer protection under the perspective of enabling the responsible and informed consumer to operate as a self-determined market participant and so shape the market actively towards its completion. After art. 114 TFEU as the existing central norm concerning the alignment of the internal energy market is distinguished from other possible competence rules like the new energy sector-specific competence title of art. 194 TFEU the requirements developed by the ECJ case law concerning art. 114 TFEU from the point of view of the energy sector-specific consumer protection are presented. The thesis clarifies both to what extent in Directive 2009/72/EC codified consumer rights are suitable to achieve...
|
|
|
The right of free movement and residence of third country national family members of the European Union citizens - Free movement of persons
Lejnar, Oldrich ; Tichý, Luboš (advisor) ; Král, Richard (referee)
The right of free movement and residence of third country national family members of the European Union citizens - Free movement of persons - Abstract This dissertation is focused on the acquisition of the immigration status by the third country nationals on the basis of their family relationship with the EU citizens under the Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. The particular attention is paid mainly on the acquisition of this immigration status by these family members, who are registered partners or cohabiters of the EU citizens in these Member States that do not recognize the registered partnership in their domestic laws. The difference in attitude of the Member States to the registered partnership is illustrated on the example of the implementation of this Directive into the domestic law of the Czech Republic and Slovakia.
|
|
|
Trade licence and requirements for undertaking business as a sole trade
Tichý, Luboš ; Staša, Josef (advisor) ; Handrlica, Jakub (referee)
The topic of this thesis is "Trade license and the requirements for undertaking business as sole trader". Its aim is to analyze the current legal regulations with regard to the historical development and judgments, to evaluate it, to highlight its deficiencies and to deal with possible solutions. I have chosen this particular topic because it's a very relevant topic, one which is constantly developing and as such offers enough food for thought. It also plays an important role in the life of society and in the life of an individual. The thesis is composed of four chapters. Chapter One, subdivided into five parts, summarizes the historical development of the trade law with focus on the main law in this area which was issued in 1859 and became the fundamental document in the subsequent period and influenced current legal regulations too. Chapter Two is divided into four parts. Part One defines the trade license, while Part Two briefly describes its classification. Part Three concentrates on subjects of trade license, including conditions for foreign persons. Finally Part Four deals with the responsible representative. In Chapter Three I focus on the requirements for undertaking business as sole trader. It's consisted of three parts, one about general requirements, one about specific requirements and...
|
|
|
Judge-made Law. Comparison between the Court of Justice of the European Union and the Supreme Court of the United States
Dumbrovský, Tomáš ; Tichý, Luboš (advisor) ; Holländer, Pavol (referee) ; Zemánek, Jiří (referee)
JUDGE-MADE LAW COMPARISON BETWEEN THE COURT OF JUSTICE OF THE EUROPEAN UNION AND THE SUPREME COURT OF THE UNITED STATES Keywords: judge-made law; the European Union; the Court of Justice of the European Union; the Supreme Court of the United States; judicialization of governance; Kelsenian court; European constitutional space; European constitution; normativity; constitutional pluralism; sovereignty; federalism; post-communist states; new Member States of the European Union. Standard page (that is 1800 characters per page) and word count (including footnotes; without the contents, bibliography and annexes): 327 standard pages; 82 795 words. The Ph.D. thesis offers a complex reconceptualization of the constitutional system in the European Union. The constitutional systems of the Member States have been substantially transformed during the 20th century. Meanwhile a new constitutional system functioning in the Member States alongside their own systems has emerged - the constitutional system of the European Union. These two fundamental changes are difficult to grasp through an existing theoretical framework. That is because the framework is based on a set of outdated concepts: (i) Rousseau's concept of volonté générale that forms the basis of the parliamentary supremacy in a constitutional system; (ii)...
|
|
|
The leniency programme in European and Czech cartel law
Tučková, Zuzana ; Svoboda, Pavel (advisor) ; Tichý, Luboš (referee)
Resumé The aim of this master thesis is to introduce the concept of the leniency programme and to describe its development and current legal regulation in the European Union and the Czech Republic, to evaluate its rules, its effectiveness and morality. The thesis also explores the relationship between leniency programme and other instruments in antitrust law enforcement. The first chapter defines what a leniency programme is and describes its evolution in the USA and the EU. Leniency programme lies in granting full or partial immunity from sanction to the member of a cartel that reports the existence of this cartel to the antitrust authority. Next it describes the key features of an effective leniency programme. It means severe sanctions for competition infringement, fear of detection and transparency of the programme. Next chapter deals with the development of leniency programme in the EU. It points out the differences between European Commission notification issued in the years 1996, 2002 and 2006 and it describes how the programme works nowadays. It also focuses on the cases in which the Commission used the leniency programme. This chapter entails also the issue of European Competition Network and it Model Leniency Programme. Chapter Four deals with the leniency programme in the Czech Republic,...
|
|
|
Subsequent actions and enforcement of cartel law
Tesařík, Pavel ; Tichý, Luboš (advisor) ; Svoboda, Pavel (referee)
Follow-on Actions and Enforcement of Antitrust Law The purpose of my thesis is to analyse the private enforcement of antitrust law as regards the follow-on actions. The research tries to explore this subject and points out to the most problematic issues in pursuing the action for damages after the decision of the national competition authority was made. The thesis is composed of five chapters, each of them dealing with different aspects of the follow-on actions. Chapter One is introductory and defines the basis of private enforcement of antitrust law and explains the differences between follow-on and stand-alone actions. Chapter Two examines the binding effect of the decisions of the competition authorities on courts when dealing with follow-on actions . The chapter consists of six parts. Part One focuses on differences between national legislation of some EU member states. Part Two investigates the legislation which is in force in USA. Part Three deals with the proposal made by the Commission of the European Union in the White paper on this subject. Part four concerns the problem of whether or not the decision of the national competition authority should have irrebuttable effect before the court. Part five is dealing with the decisions of competition authorities from abroad. Part six focuses on commitment...
|
|
| |
|
|
Consumer protection : (implementation of the selected consumer protection directives into German law)
Neuman, Aleš ; Tichý, Luboš (advisor) ; Šmejkal, Václav (referee)
The aim of my work is to describe and analyze the European and German consumer protection law, especially the implementation of selected consumer protection directives into German law. Main part of this work deal with the following EU Directives: Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees, Directive 93/13/EEC on unfair terms in consumer contracts, Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premise and the Directive 97/7/EC on the protection of consumers in respect of distance contracts. I've also tried to analyze the German legal regulations and found out the differences and similarities between the German and Czech consumer protection law. My work contains 9 chapters: First chapter defines the basic terms of the consumer protection law like a consumer and a supplier. It deals also with the judicature of the European Court of Justice and German legal regulations and judicature, which extend the consumer's protection to another subjects. Second and third chapter describe the primary and secondary EU consumer law, competence of the EU, consumer law basics included in the primary law and list of secondary legal acts, which regulate the field of consumer protection. Fourth chapter contains the...
|
|
|
Horizontal liberalisation of free movement of services in the European Union
Břicháček, Tomáš ; Král, Richard (advisor) ; Tichý, Luboš (referee) ; Křepelka, Filip (referee)
The area of interest of the thesis is the horizontal liberalisation of the free movement of services based on Directives No. 2006/123/EC on services in the internal market, No. 2005/36/EC on the recognition of professional qualifications, No. 96/71/EC concerning the posting of workers in the framework of the provision of services and No. 2000/31/EC on electronic commerce. More precisely the main subject matter can be defined as the shift in the basic legal regime of free movement of services achieved through these four directives compared to the original state, i.e. the general regime under EU primary law as interpreted by the ECJ. The main objective is to analyze and critically assess the extent and significance of this shift. The basic questions are: To what extent is the resulting legal framework formed by the four horizontal directives different from the original situation? Is it merely a codification of the case law of the ECJ or a result of legislator's efforts to liberalise further the regime? To what extent does the liberalised regime enable or support abuse of free movement of services in order to circumvent the national law of the host state? The conclusions are as follows: Owing to the four directives most cross-border services are now covered by EU secondary law. All of these...
|
|
|
Abuse of dominant position in EU and US Law
Funta, Rastislav ; Svoboda, Pavel (advisor) ; Smolek, Martin (referee) ; Tichý, Luboš (referee)
Charles University Prague Faculty of Law Abuse of dominant position in EU & US Law Ph.D. Dissertation Department of European Law JUDr. Rastislav Funta, LL.M. Supervisor: Doc. JUDr. Pavel Svoboda, Ph.D., D.E.A. Prague, 2011 Univerzita Karlovy v Praze Právnická Fakulta Zneužitie dominantného postavenia v práve EU a USA Doktorská dizertačná práca Katedra Európskeho Práva JUDr. Rastislav Funta, LL.M. Školiteľ: Doc. JUDr. Pavel Svoboda, Ph.D., D.E.A. Praha, 2011 - 2 - Prehlasujem, že som svoju Ph.D. prácu napísal samostatne, pod dohľadom vedúceho práce a s použitím citovaných prameňov. I hereby declare that I have written this Ph.D. dissertation independently, under the supervision of my supervisor and with use of the sources quoted. ............................. V Prahe/In Prague, 2011 Rastislav Funta - 3 - Abstract "Price competition is the essence of free and open competition. It favours more efficient firms and it is for the benefit of consumers both in the short and the long run. Dominant firms not only have the right but should be encouraged to compete on price" The past and recent decisions of the EU and US Courts refreshed the debate on the different approaches to antitrust policies on both continents. While in contrast to the US where it will be highlighted that Americans protect competition in the EU...
|
guest ::
RSS feed.