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Civil aviation in the EU and the CR from the perspective of Union law
Čech, Martin ; Tomášek, Michal (advisor) ; Ondřej, Jan (referee)
143 Abstract The present diploma thesis is dedicated to European civil aviation and in particular to the regulation of provision of air navigation services and air traffic management. The purpose of the thesis is to analyse the evolution of the legislative reform of air navigation services and air traffic management in Europe with a focus on the influence of European Union law through the initiative "Single European Sky". Next, the thesis aims to study the main elements of the modernisation efforts and to point at the transformation of the situation and relationships between the relevant stakeholders as results from the new form of the regulatory and institutional framework. First chapter presents the principle of state sovereignty over the airspace which constitutes the fundamental principle of aviation law. Second chapter treats air navigation services and the legal regulation of their provision according to the Convention on International Civil Aviation. The following chapter introduces the summary of main organisations involved in civil aviation focussing on ICAO, EUROCONTROL, European Union, its status, the systematics of EU law and on the European Aviation Safety Agency. The fourth chapter discusses the EU common transport policy in the field of air transport, the progressive air transport...
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Transformations and trends in the case law of the court of justice of the EU in the field of the internal market after 2004
Petrlík, David ; Tomášek, Michal (advisor) ; Smolek, Martin (referee) ; Mazák, Ján (referee)
There have been three main sets of trends in the case law of the Court of Justice of the European Union in the field of the internal market after 2004. The first set of trends concerned the criteria of legal analysis, i.e. the scope of EU rules on free movement, the concept of the restriction of free movement and the justification of such restrictions. The second set of trends in the case law is related to the fact that the Court completes its legal analysis by considerations linked to its value orientation of the Court, i.e. its liberalism, social tendencies, protection of fundamental rights, pragmatism and proactivity. The third trend in the case law of the internal market consisted in changing the focus of case law in the sense that the Court has begun to deal with more and more cases from sectoral fields, i.e. fields covered by secondary law.
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Fight against organized crime in Japan - the past and the present
Kubíčková, Tereza ; Tomášek, Michal (advisor) ; Tretera, Jiří Rajmund (referee)
6 Abstract The goal of this thesis is to provide a basic overview of the legislative acts taken against organized crime in Japan, and to map the intriguing historical evolution of organized crime until the present day. Also, to show how the connection and the historically advantageous relationship between the yakuza and the ruling elites affected the law in Japan. The first chapter is dedicated to the historical milestones of organized crime in Japan from the 17th century to the implementation of the first comprehensive law against the organized crime - the Bōtaihō, in 1991. In the next part of this thesis the particularities of the legislation against organized crime can be found, including the differences of the American and European models as well as the details of the Bōtaihō law itself. The third chapter is dedicated to the complementary and follow-up legislations concerning the fight against organized crime. Key words: organized crime, yakuza, legal instruments to fight organized crime
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Anti-money laundering measures in EU
Vondráčková, Aneta ; Tomášek, Michal (advisor) ; Bakeš, Milan (referee)
in English language Anti-money laundering measures in EU The presented thesis is devoted to current issue, namely measures to combat money laundering. The thesis primarily deals with measures adopted at the EU level, but due to the fact that these measures are based on the documents adopted at the international level, the thesis brings their short characteristics as well. The aim of the thesis is to analyze the anti- money laundering measures taken so far particularly at the EU-level, to draw attention on the imperfections of relevant legislation and to analyze this negative phenomenon in the practical context in relation to the profession of lawyer and the activities of banks. The thesis brings a critical evaluation of existing legislation and proposals de lege ferenda.
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Stay of the third-country nationals in the Schengen Area in the common visa policy framework
Murad, Daniela ; Tomášek, Michal (advisor) ; Pítrová, Lenka (referee)
The thesis deals with the development of the Schengen cooperation and characteristic of the Schengen acquis transforming in the course of time, with the stress on the field of visa and residence/migration policy. Main emphasis is on the valid legislation concerning the status and stay of the third country nationals. The thesis looks into problematic parts of the legislation, both theoretical and practical, and provides opinion of the author on those matters. The thesis is divided into four main spheres. The first one concerns development of a visa and migration policy in the framework of development of the Schengen cooperation and its gradual integration into the main EU policies, its definitions and different participation of the Member States. Following key part of the thesis deals with the current valid provisions of the stay of the third country nationals (citizens of the countries outside of the EU). This part defines subjects of law coming from the third countries, as differentiated by the Union and Czech law and defines various types of authorization to stay which entitle them to short or long-stay at the Schengen or Czech territory. The third segment deals with the family members of the EU nationals who are covered by specific legal framework. Last part of the thesis encompasses future...
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Anti-corruption policy of the EU
Kahounová, Alžběta ; Tomášek, Michal (advisor) ; Herczeg, Jiří (referee)
My thesis entitled "The anti-corruption policy of the EU" regulates the topic of the anti- corruption measures within the EU and focuses on all levels of this issue, from the European institutions to the strategies for the member states. The first chapter introduces the development of individual instruments and their impact on the national legislation. Then the thesis continues through the institutional framework of anti-corruption policies within the EU to the efforts of other international organizations in combating corruption and their corresponding tools. The thesis also includes a chapter devoted to the anti-corruption policy towards candidate countries, which is followed by the excursion into the Czech environment dealing with the practical aspects of the implementation of the anti-corruption measures of the EU.
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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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National identity as a corrective of the absolute primacy of European law
Benešová, Kristýna ; Tomášek, Michal (advisor) ; Scheu, Harald Christian (referee)
National Identity as a Corrective of the Absolute Primacy of European Law. The aim of this thesis is to analyse national identity within Article 4(2) TEU and the potential of such article to serve as a legal ground for derogation from obligation imposed by EU law. From a wider perspective, the thesis attempts to assess whether introduction of Article 4(2) TEU redefined the relation between national legal orders and EU law. The thesis is divided into three chapters. The first chapter deals with the pivotal principle of EU law primacy. The chapter explains two distinctive approaches adopted by the CJEU (absolute primacy) and the Member States (relative primacy). In the second chapter, the author firstly provides brief history of obligation to respect national identity in the Treaties. Secondly, she examines the content of term "national identity". The author claims that Article 4(2) TEU has a composite (pluralistic) structure, thus, the national courts and the CJEU plays different roles in application of the obligation to respect national identity. The national identity is inherently linked to the constitutional law of Member States, therefore, it must be defined by its constitutional courts. At the same time, the CJEU lacks the competence to interpret national identity as such, however, it is...
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Free movement of patients within the European Union
Müllerová, Petra ; Tomášek, Michal (advisor) ; Císařová, Dagmar (referee)
The thesis deals with patient mobility in the European Union. It is particularly focused on legislation development of cross-border healthcare providing. Its purpose is to analyse and critically evaluate different regulations of this issue. Using the comparison of individual legislation whether it is regulation, directive or case law, aims to explain the basic principles that patient undergoing a treatment in another Member State obey. The thesis is composed of five chapters. Chapter one is an introduction to the general context of health policy and modification in primary law. The second chapter assesses the role of patient in the European Union, which is seen here as a community of free market. The chapter has the largest content. This part is dedicated to it with an emphasis on significant impact that this area has brought the case law of the Court of Justice of the EU. The case law pointed to the need to adhere the primary law to address this issue, which prohibits Member States to impose restrictions that could restrict the free movement of patients. Health care has been classified as a service and the patient has been recognized as a consumer sui generis. It specifies and particularly explains the procedures of the Court that intervened in the existing legislation by its liberal stridency....
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