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The Right to the Protection of Personal Data in Article 8 of the Charter of Fundamental Rights of the European Union
Mádr, Petr ; Král, Richard (advisor) ; Zemánek, Jiří (referee)
This thesis deals with the fundamental right to the protection of personal data as enshrined in Article 8 of the Charter of Fundamental Rights of the European Union ('the Charter'). An analysis of the case law of the Court of Justice of the European Union (CJEU) on Article 8 of the Charter reveals an intriguing paradox: although this provision has been repeatedly invoked in order to enhance protection of personal data and has featured prominently in several far-reaching judgments (Digital Rights Ireland, Google Spain or Schrems), there is considerable uncertainty as to the substantive scope of the right to the protection of personal data. The relationship between the right to privacy and the right to data protection has proved difficult to untangle, and the autonomous nature of Article 8 of the Charter has not always been respected. The aim of the thesis is to analyse the purpose and content of this fundamental right with reference to the CJEU's case law and recent academic debate. This thesis is divided into four chapters. Chapter 1 provides an overview of the European legal framework for data protection and demonstrates the limited value of the 'Explanations relating to the Charter' in interpreting Article 8. Chapter 2 analyses the CJEU's approach to interpreting and applying Article 8, while Chapter 3 is...
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Exceptions to the harmonizing measures of the law of the European Union
Kratinová, Lucie ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
This final thesis gives an overview of possibilities given to Member states by European law to differentiate the legislature the way it fits their national needs. It might be difficult for all Member states to participate in all European policies as it is stated in Treaties, directives or regulations as the Member state cannot or does not want to follow the mainstream of integration. European law then provides the means how to differentiate from the provisions to secure that any harm will be caused to a Member state. In the first part of the thesis, some basic terms to understand the subject are introduced such as differentiation, harmonisation, flexibility and integration itself. In the second chapter you can find the process of harmonization and the power within that the institutions of European Union can operate. Some disputes about how the powers are exercised are also introduced here. The differentiated integration had some development which laid the foundations to the current situation and therefore the development is described in this chapter. There are more ways how to differentiate within the European law, chapter number 3 gives a basic overview of these possibilities. It mentions multiple-speed Europe, variable geometry and integration á la carte, and gives some practical examples to understand...
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Right of entry and residence on the territory of member states of the European Union
Vláčil, Jiří ; Král, Richard (advisor) ; Pítrová, Lenka (referee) ; Svobodová, Magdaléna (referee)
This thesis deals with analysis of EU rules on entry and residence on the territory of Member States. These rules are described from the perspective of different groups of people, EU citizens, citizens of EFTA Member States, family members or citizens of Turkey, and also from the perspective of Member States participating in the Schengen Border Area and Member States outside this Area. The core of this thesis consist is the analysis of four key EU rules in this field, namely the Border Code (Regulation 562/2002), the Visa Code (Regulation 810/2009), the 539/2001 Regulation and the 2004/38 Directive, as well as relevant case law of the Court of Justice, that influences the interpretation of the rules in hand significantly. The rules are also assessed from the point of view of principles of legal certainty and legitimacy.
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European legal regulation of cybercrimes in a comparison with the legal regulation of cybercrimes in the USA
Nováčková, Eliška ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
6 Abstract Thesis title: European legal regulation of cybercrimes in a comparison with the legal regulation of cybercrimes in the USA The diploma thesis deals with the legislation of cybercrime and cyber security of the United States of America and the European Union. The introduction defines the basic concepts and important moments of history of related legislation and discusses key policy documents adopted in the transatlantic area. It also presents the politics of these two units and their key legislation and describes the international Convention on Cybercrime. Selected documents are subsequently compared and evaluated in the context of legal terminology, technological development and application of regulations in practice. The thesis is concluded by the basic steps of transatlantic cooperation on issues of cyber security. The conclusion summarizes the lessons learned by comparing documents, particularly international emphasis on ratification of the Convention on Cybercrime and adequate levels of awareness of cyber space, and highlights some terminological inaccuracies. Keywords Cyber threats * cyber security * cybercrime * international cooperation * strategic documents
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Expedited and urgent procedure in proceedings before the Court of Justice of the European Union
Kutlík, Michal ; Král, Richard (referee) ; Pítrová, Lenka (referee)
The presented thesis deals with an analysis of the accelerated and urgent procedure in proceedings before the Court of Justice of the European Union. The thesis concretely analyses the expedited procedure in proceedings regarding actions before the General Court and proceedings regarding actions and appeals before the Court of Justice, as well as expedited and urgent preliminary procedure. Each chapter deals with the analysis of the specific procedures in view of the description of the historical context for introduction of the procedure, characteristics of the procedure, statistics for granting the specific procedure, the most interesting cases from the Court's case-law and a final short summary of the specific procedure. Mutual comparison of the procedures is also described in the thesis, allowing to better understand the differences between the two methods, not only from the perspective of the instance, which deals with the case, but also in light of their different scope within the preliminary ruling. The aim of this thesis is to define the place of the expedited and urgent procedure in proceedings before the Court of Justice of the European Union in the light of the new version of the Rules of Procedure of the Court of Justice and outline their possible application in the future.
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Budgetary autonomy of Parliament as an element of national identity of a Member State from the perspective of case law of the German Constitutional Court and the Constitutional Court of the Czech Republic
Elčić, Slaven ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
Resumé Sovereign debt crisis in the eurozone that struck most of the countries in the European Union in 2008 has brought forward a specific relationship between budgetary autonomy and national identity. With the development of situation in Greece, it seems that the topic is very relevant again. I have focused on finding the answer to question whether the budgetary autonomy can be considered a part of national identity. As a secondary question I have looked into the approach for assesment of what is still an acceptable limitation of budgetary autonomy. Methodologically I have used the topic-relevant literature and analysed the decisions of the Court of Justice of the European Union as well as Czech and German Constitutional Courts. I have then synthesised general conclusions that allowed me to answer the researched question. The paper is divided into three parts. In the first part I have focused on building a strong theoretical background and clarification of the concepts of budgetary autonomy and national identity. Third part is dedicated to the analysis of current decisions of the German Constitutional Court and their confrontation with my findings from the first and the second part. I did not confirm the hypothesis. In conclusion, I have stated that budgetary autonomy can not be considered a part of...
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Improper transposition of an EU directive with examples from the Czech Republic
Juha, Jan ; Král, Richard (advisor) ; Šmejkal, Václav (referee)
Improper transposition of an EU Directive is a phenomenon that occurs in quite an appreciable amount and in the performance of duty of individual Member States this represents a relatively common, although undesirable situation. The submitted diploma thesis deals with this issue within the Czech Republic in the light of individual proceedings for the failure to fulfill an obligation resulting from EU Treaties, which were concucted against the Czech Republic. This thesis is divided into six chapters, based on the theoretical foundations that are subsequently applied in practical examples. The first chapter presents the theoretical center of gravity for embedding the concept of primary and secondary law with emphasis on the EU Directive, while the this EU legislation is analyzed both in general terms and in terms of its structure. The following second chapter then gives an explanation to the issue of proper and improper transposition of an EU Directive and individual consequences that are associated with improper transposition of an EU Directive. The practical part starts from the third chapter, which contains analytical summarization of the all proceedings against the Czech Republic, which were conducted because of improper transposition of an EU Directive and ended with a judgement, while the fourth chapter...
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Defining exclusive powers of the European Union in the context of the Lisbon Treaty
Martišová, Katarína ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
Resumé The thesis deals with the exclusive powers of the European Union with a focus on legislative competencies. It is composed of four chapters; while deriving from Czech and foreign literature it contains theoretical view enriched by decisions of The European Court of Justice/The Court of Justice of The European Union. The first chapter focuses on the powers of the EU generally; it explains the term power and includes also the origin of the powers from historical and constitutional point of view. Corresponding with the principle of conferral explained in the chapter 1.3, the will of the member states could be considered as the basis for the powers of the EU. The thesis deals also with the theory of implied powers and the flexibility clause. These are the ways to avoid the rigidity which might be represented by strict obeying the principle of conferral. The following chapter offers an overview of other types of powers and hints to their particularities in comparison to the group of exclusive powers. We are finding out that in case of shared competencies the member states can take action unless the blocking effect of the European regulations is applied while in other cases the EU has only a supporting function. The last two chapters which could be considered as the most important ones focus specifically on...
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Infringement Procedure according to art. 258 and the following of the Treaty on Functioning of the EU
Očková, Jana ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
of the Rigorosum Thesis This rigorosum thesis deals with the procedure for the failure to fulfill an obligation under the Treaties according to articles 258 and the following of the Treaty on Functioning of the European Union (so called "infringement procedure"). This procedure can be iniciated by the European Commission against the Member States in case of breach of an obligation stemming for them out of the EU law. The thesis aims to describe not only the purpose of the procedure and the procedure itself, but it examines also the functions of the single entities influencing the procedure. These are not only the parties, i.e. the Member States concerned and the Commission, but also the Court of Justice of the EU and the individuals as well. The goal of the thesis is to critically assess the infringement procedure and to point out some of the problematic aspects of the procedure with a possible impact on its effectivity. The thesis has six parts. The first introduces the topic. The second one defines the purpose and the function of the infringement, and its incorporation into the EU law. The third part is devoted to the entities with the influence on the procedure, who are for the purpose of the thesis described as "players" ("aktéři" in Czech). The fourth part describes the course of the...
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The Czech Republic as a party to the proceedings for the failure to fulfill an obligation resulting from EU Treaties
Kučera, Václav ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
The aim of this diploma thesis is partly a reflection on the history and current form of the institute of infringement proceedings and in particular the analysis of the Czech Republic's participation in this type of procedure since its entry into the European Union. Proceedings for failure to fulfill an obligation is introduced as the main sanction- control mechanism under EU law, the purpose of which is to ensure that Member States comply with the obligations they adopted in connection with accession to the EU and that union norms have full effect. At the beginning is outlined the historical development of the infringement proceedings, i.e. on what purpose and in which way was this control mechanism initially incorporated into the primary law of the European Community, how its parameters gradually changed and whit what kind of proposals are currently mentioned in order to ensure the maximum efficiency of the procedure. Thesis emphasizes on a detailed introduction and evaluation of all aspects of procedure. Particular chapters are devoted to the question of object to the proceedings, legal entities and their rights during the proceedings, the system of sanctions and the effects of the European Court's decisions in the case. Control and discretion power is in infringement proceedings exercised by...
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