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The role of the Advocates General in the Judicial System of the European Union
Vitáčková, Veronika ; Svobodová, Magdaléna (advisor) ; Pítrová, Lenka (referee)
The role of the Advocates General in the Judicial System of the European Union This thesis deals with the important procedural adaptation of the specific institute of the jurisdiction of the EU. An Advocate-General is a member of the Court of Justice whose role is to provide, in accordance with Article 252 TFEU, the submission of public, wholly impartial, independent and reasoned opinions in cases which, under the Statute of the Court of Justice of the European Union, require his participation. Although a similar function is not anchored in many jurisdictions of the Member States of the European Union, it has found its application within the framework of the functioning of the Court of Justice of the European Union. This thesis provides a thorough analysis of the position and role of the Advocate General, the sources of inspiration for and the development of this institute within the framework of the Union's judiciary system, in order to point out the importance of the role of his work. The thesis is divided into four parts which consist of sub-chapters. The first part is devoted to the French legislation of the institute of the Public Rapporteur, as a source of inspiration for the Union's Advocate General. The legal regulation of the Public Rapporteur is described within the context of the entire...
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Liability for Damage Caused by Exercise of Public Authority Focusing on the Institute of Regress Damages
Vyskočilová, Martina ; Pítrová, Lenka (advisor) ; Kopecký, Martin (referee)
Liability for Damage Caused by Exercise of Public Authority Focusing on the Institute of Regress Damages This thesis focuses on liability for damage caused by exercise of public authority with an emphasis on the institute of regress damages as stipulated by Act. No. 82/1998 Sb. The institute of regress is emphasized throughout my paper as the fundamental research questions are: How is the institute expressed by positive law? Is it being used or is it only an empty provision? And how exactly is it being used? What is the success rate? If it is not used, what are possible reasons? The text is divided into four parts with subparts of first and second level. First part analyzes the key terms such as liability, damage, public authority and its entities. There is a disctinction between the public authority entity, who is liable for the damage, and the actual bodies, who exercise the authority. I also included a brief subchapter related to damage caused by lawful exercise of public authority. Second part analyzes how liability for damage caused by public authority is enshrined in the Czech Republic. First I addressed constitutional and international aspects, followed by provisions of Act. No. 82/1998 Sb., which is the foundation stone of the regulation. Third part is dedicated to the institute of regress...
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A comparison of Czech Administrative Procedure Code with the Administrative Procedure Codes of Swiss Confederation and the Fribourg Canton
Codl, Daniel ; Pítrová, Lenka (advisor) ; Vondráček, Jaroslav (referee)
A comparison of Czech Administrative Procedure Code with the Administrative Procedure Codes of Swiss Confederation and the Fribourg Canton Summary This master thesis is dedicated to comparison of Czech Administrative Procedure Code with the Administrative Procedure Codes of Swiss Confederation and the Fribourg Canton at the occasion of the 10-year anniversary of the Code of Administrative Procedure. Since Swiss Codes also regulate proceedings before administrative courts, it treats also some aspects of the Czech judicial review (especially access to judicial protection via legal action). The study is based not only on laws, but also on jurisprudence and court's decisions. The first part is focused on description and analysis of the Swiss administrative procedure laws and related topics: history of administrative procedure laws, brief description of public institutions. The second part compares contents of Czech and Swiss Codes and their main divergence - the Czech Code is more instructive that its Swiss counterparts, Swiss Codes are not general codification of all administrative. Then, we analyze selected legal issues related to administrative procedure: definitions and conception of participants in proceedings, different conception of review proceedings, Swiss administrative procedure is not always carried...
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European Citizens' Initiative
Janošová, Kristýna ; Kunertová, Tereza (advisor) ; Pítrová, Lenka (referee)
European Citizens' Initiative The main core of the thesis is the problematics of the European Citizens' Initiative, a tool relatively new that was put in place by the Lisbon Treaty and allows one million citizens from at least seven EU Member States to ask the European Commission to propose legislation in areas that fall within its competence. This thesis provides a detailed description of this instrument of participatory democracy, its historical foundations, its development and also the recent proposal for a regulation on the European citizens' initiative that aims to fill the gaps discovered during the period of its existence. It describes the formal and procedural requirements required for the successful submission of the initiative to the European Commission, particularly for registration, and thus the official launch of the initiative. It focuses on the forms of statements of support and the complication that it brought. The thesis also introduces some of the initiatives that have been organised since 2012, both successful and unsuccessful, including those that the Commission has refused to register. There is also an evaluation of the initiatives, the experiences and challenges that the organizers have met and especially the impact of the successful ones. The thesis points out particular...
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Conflict of right to information and privacy
Hodina, Martin ; Pítrová, Lenka (advisor) ; Svoboda, Petr (referee)
Conflict of right to information and privacy - Abstract The presented rigorous thesis concerns with the potential conflict and mutual interaction of both mentioned basic human rights based on the application of The Freedom of Information Act. The Author gained experience in this branch thanks to his work as a lawyer in the department of legislation and internal affairs of South Bohemian Regional Authority. The argumentation in this thesis combines both the point of view of the public servant of a public authority as well as the appeal authority. There is no doubt that the right to information is a necessity for any modern society or rather modern state. Right to information provides any person, not only the citizens, a great instrument to gain a general information of a wide scale hold by the public sector. This instrument is currently very efficient and ensures among other instruments a greater transparency of the public sector. The dark side of this right is the negative influence for the affected persons, those may be restricted in their rights, especially the right to privacy. This affection is especially significant in the issue of the public means recipients. The presented thesis is divided into three parts. The theoretical treatise, which is performed in the first part, could be summarized in the...
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Generally mandatory local ordinance
Radošinský, Adrián ; Pítrová, Lenka (referee)
Generally mandatory local ordinance The rigorous thesis on the topic "Generally mandatory local ordinance" deals with one of the most important areas of self-governance, namely local rule-making. Besides the Parliament of the Czech Republic, the government, the ministries or other central state administration bodies, there are also village and town municipalities, which can impose obligations on individuals and legal entities in a generally mandatory legal regulation and, consequently, enforce their fulfilment. This entitlement is based on a constitutional basis, so it cannot be ruled out in any way. However, it is possible to proportionally define the boundaries. Therefore, the local laws are in a certain way limited. The thesis is divided into several main chapters, whose aim is to describe the phases of the "life" of generally mandatory local ordinance and further elaborating on the areas of public rules and local fees, i.e. areas where the generally mandatory local ordinance is issued most frequently. The main purpose of the thesis is to acquaint the reader with the issue of the process of adopting generally mandatory local ordinance, including their content requirements according to individual areas. It emphasizes the case law, which is in some cases too general. However, it has been found, that the...
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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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The Principle of Loyalty in EU law
Kruliš, Kryštof ; Král, Richard (advisor) ; Pítrová, Lenka (referee) ; Šlosarčík, Ivo (referee)
This PhD thesis seeks to establish a multi-layered definition of the principle of loyal cooperation in EU law in its current form. It focuses on four fundamental ways of describing this principle. The first one is a linguistic analysis of the term "principle of loyal cooperation" itself. The thesis looks at its equivalents in all official languages of the EU and applies various linguistic (etymology) and non-linguistic research tools and findings from the study of history, social psychology and philosophy to understand and delimit the principle of loyal cooperation in EU law. In a second step, the principle is examined at three separate levels. At the first level the situation and significance of the actors bound by loyalty is explored. At the second level the paper focuses on the differences between the principle of loyal cooperation, the way commitments are met in international public law, and the mechanisms of ensuring loyalty in countries with a federal structure. Lastly, the third level of analysis looks into the ways the principle of loyal cooperation and its operation vary according to the area of competence. Keywords: principle of sincere cooperation, European Union law, theory of federalism, European studies
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Principles of Secondary Legislation of the European Union
Říha, Michal ; Pítrová, Lenka (advisor) ; Král, Richard (referee)
V Summary The question of quality of legislation in Modern Age is omnipresent in political, philosophical and in legal discourse. Especially in connection with structures which are different from classical national state concepts such as the European Union, it is very hard to set up conditions of good legislation. The main aim of this Thesis is analysis of today's state of affairs and to create a comprehensive structure of good legislation principles applied in the EU. The author is dealing with the fact that classical legal theory is usually applied on EU situation terms in their classical - Westphalian state - meanings. The purpose of this work is, therefore, to adapt these classical terms to a situation of EU and CJEU case law. For that reason, the author is critically assessing classical legal theorist's principle models as well as models created by experts in the field of legislation or European Union law. The outcome is supposed to be a merge between these models, which can provide the reader with deeper understanding of normative model of Union legislation. EU legislative style is a merge of the majority of legislative traditions of Member States, therefore, in certain circumstances it is hardly understandable for everybody. The main presumption here is MacCormmick's theory of interdependence of...
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Penalizing cartel agreements in Czech and European law
Knotková, Denisa ; Prášková, Helena (advisor) ; Pítrová, Lenka (referee)
Cartel agreements constitute a distortion to consumer ́s welfare and economics environment itself by yielding higher profits without risks to those who engage in anticompetitive behavior. Therefore the purpose of this master thesis is to analyze the aspects of sanctioning cartels under Czech and European law especially with regard to the many recent changes in legislation regulating the protection of competition. The thesis is composed of fifteen chapters. Chapter one defines cartels and their characteristics. Second chapter builds on the first by introducing, the types of prohibited agreements. The background in history of competition regulation and its upcoming challenges is provided in chapter three followed by explanation of the reasons why it is necessary to prosecute competitors who engage in anticompetitive conduct in chapter four. Since these reasons have changed several times in history as have the views of the regulator on the need of market regulation, it is important to explore the issue of inconsistency as they still remain topic of discussion even nowadays. Chapter five provides overview of the institutions whose task it is to enforce competition law. After these background chapters, in chapter six the focus shifts towards liability aspects of cartels and the process of sanctioning...
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