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Separatist tendencies in individual EU Member States and the potential impact on the free movement of persons in the EU
Hřivna, Vít ; Kunertová, Tereza (advisor) ; Pítrová, Lenka (referee)
Separatist tendencies in individual EU Member States and the potential impact on the free movement of persons in the EU This thesis deals with the separatist tendencies within the Member States of the European Union. It is therefore a case when a certain region within a Member State decides to secede from it. This needs to be distinguished from a situation when a whole Member State decides to withdraw from the Union. The aim of this thesis is to analyze the various possible scenarios in the case where there is a separation of that region from the Member State. It deals with it in the context of the regions potential continuity within the Union and furthermore it examines the differences between the two most important cases of possible internal secession in the EU of today: Catalonia and Scotland. The thesis evaluates the most probable scenarios in both cases and the consequent impact of such subjective secession of the regions on citizens and their rights in the EU context, in particular the free movement of persons. The first chapter deals with the definition of separatism and general characteristics of the practical behavior of the regions and the state they secede from in the context of the EU. It looks especially at the relationship between the originar country and the separatist region and...
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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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Accession of the European Union to the European Convention on Human Rights
Brabcová, Anna ; Kunertová, Tereza (advisor) ; Pítrová, Lenka (referee)
OF DIPLOMA THESIS IN ENGLISGH LANGUAGE The matter of accession of the European Union to the European Convention on Human Rights has been for decades a hot topic of legal and academic discussions. On the 18th December 2014, the Court of Justice of the European Union issued its long awaited Opinion 2/13 where the CJEU ruled that the Draft Accession Agreement is not compatible with EU law. In my diploma thesis I deal with the issue of accession of the EU to the ECHR. My aim is to provide with: 1) a complex analysis of the accession procedure, 2) an analysis of the Opinion 2/13 itself and 3) to outline the potential development of future steps. I particularly focus my attention on the CJEU reasoning in the Opinion 2/13 and I emphasize some facts showing the position of the CJEU from the different point of view. The first part of my diploma thesis provides an overview of development of the idea of the EU accession to the ECHR. Moreover, in the first part I deal with reasons for the accession, issue of legal basis for the accession and finally, I focus my attention to the negotiating process. The second part deals with the period after the 18th of December 2014 when the Draft Accession Agreement has been by the CJEU announced as incompatible. I analyse the CJEU's reasoning in the Opinion 2/13 and the View...
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European Competition Law in the Area of Information and Communication Technologies
Blumental, Eva ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
Title: European Competition Law in the Area of Information and Communication Technologies Abstract The world of information and communication technologies developes with a tremendous speed. This pace is something that we need to adjust to, and the EU competition law represents no exception. This thesis concerns development of european competition law in the area of information technologies enabling communication between users. The scope of these technologies is narrowed to telecommunications and so called OTT applications, as both demostrate best the differences caused by dynamic development. In the area of telecommunications the analysis starts with a brief introduction of historical development triggered by process of liberalisation, and continues with the analysis of the decision making of both the Commission and the CJEU. All the areas of competition law are included - articles 101 and 102 of the TFEU, control of concentrations and to certain extent also state aid. Attention is dedicated also to consequences of roaming and of its cancellation, which is about to happen in the upcoming years. A lot of focus is aimed on the Commission's decisionmaking in merger control, where we can assume a development of a certain blueprint. In the area of the OTT applications, we introduce their concept, and a lion...
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Eligibility of Qualification Obtained in another Member State
Vlková, Lenka ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
My thesis summarizes the legal documents relating to eligibility and possibility of legal practice in another state than the home member state. European Union Law in this regard is binding for the Czech Republic since its accession to the EU in 2004. The work is divided into chapters giving comprehensive and coherent information. The introduction justifies my choice of the topic and outlines particular chapters. The first chapter is devoted to cross-border advocacy and the related terms of a European lawyer or Union element. The second chapter begins with the interpretation of the content of primary law in relation to advocates and their activity. The third chapter presents relevant legal documents of secondary union law - directives. The fourth chapter describes fundamental Czech legislation, namely the Law on Advocacy. The fifth chapter discusses the legislation in France. The sixth chapter contains two examples of Czech and EU case law. In the chapter of annexe there is a list of the professional designation of the home state set by Ministry of Justice, so it is a list of titles of persons authorized to provide legal services, and the second annexe is a bar chart showing the number of European lawyers established in the Czech Republic. The thesis provides a comprehensive set of information for...
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Horizontal direct effect of the Treaty freedoms
Merjavá, Veronika ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
in English language: The statement of Angela Merkel from November 2014 that she would rather see the UK out of the EU than compromise the free movement in the EU (which as at the date of the submission of this dissertation materialized in potential Brexit) was one of the reasons which encouraged the author to analyse the reach of free movement rules, more specifically the horizontal direct effect of the Treaty freedoms, in this dissertation. The author focuses on the issues stemming mainly from the broader topic of the legitimacy of market integration which the author translated into the concept of separation of the regulatory competences between the EU and the Member States and related separation between the Treaty provisions' addressees, namely the Member States and the private entities. This dissertation focuses on the following research question: To what extent has the CJEU advanced the European market integration through the development of the principle of horizontal direct effect of the Treaty freedoms? The starting point after the establishment of the EEC was that the sole addressees of the Treaty freedoms were the Member States whereas the Treaty rules on competition only applied to private entities. However, as is demonstrated throughout this dissertation, it is nowadays generally accepted...
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Sporting nationality in the light of European Union law
Exner, Jan ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
Sporting nationality in the light of European Union law Jan Exner Abstract The aim of this master's thesis is to answer the question of how to grasp and categorize the concept of sporting nationality in the EU. Its goal is to consider compliance of the rules set up by international sporting governing bodies determining athletes' eligibility in national teams with the concrete provisions of EU law. The provisions under scrutiny are mostly those laying down the prohibition of discrimination on grounds of nationality in the fields of EU citizenship, internal market freedoms and competition. The master's thesis simultaneously aims at suggesting concrete recommendations to international sporting governing bodies in order to better adapt their rules to EU law requirements. The authors of this master's thesis first claims that rules governing athletes' eligibility in national teams fall within the scope of EU law since they have economic impact and effect. Secondly, it is submitted that these rules limit athletes' rights under EU law and constitute therefore a restriction to respective provisions of the EU legal order. That is why the question whether such a restriction to EU law may be justified is examined. In this respect, the Court of Justice provided sporting world with a useful manual on how to pass EU law...
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The Concept of Worker in the European Law
Kunertová, Tereza ; Tomášek, Michal (advisor) ; Smolek, Martin (referee) ; Štefko, Martin (referee)
The author in its Dissertation thesis deals with the concept of worker under the free movement rights in EU law. Following the introduction, the thesis itself focuses on the positive and negative delimitation of the concept. One of the core chapters of the "positive part" tries to find an answer on the research question whether any "Keck-like" principle exists as a criterion for defining obstacles to the free movement of workers. The aim of the chapter is to find an answer what shall be subsumed under the obstacles to free movement of workers and what are Member States left with to regulate freely on their territories. In regard with the negative delimitation of the concept, the author deals with the diversion between workers and non-economically active citizens of the EU. The core chapter deals with the growing tendency of Union citizens to move to the host Member States to study while retaining the status of a worker.
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