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The rule-making power of the European Commission
Lenfeld, Jiří ; Král, Richard (advisor) ; Svoboda, Pavel (referee) ; Svobodová, Magdaléna (referee)
The rule-making power of the European Commission, dissertation Mgr. Mgr. Jiří Lenfeld, M.A.; supervisor: doc. JUDr. Richard Král, Ph.D., LL.M. Charles University, Faculty of Law, Department of European Law Prague, March 2013 The aim of the dissertation is to analyse the role of the European Commission in the legislative process of the European Union with the focus on procedures for adoption of legally binding Union acts. The European Commission is one of the main institutions of the European Union. It represents and upholds the interests of the EU as a whole and manages the day-to-day business of implementing EU policies. However, to limit the role of the European Commission to that of an executive body would be misleading. Its role in the EU institutional system is much broader than that. The European Commission is the most important legislator among the EU institutions and is also empowered with an almost exclusive power to submit drafts of EU legal acts. The rule-making power of the European Commission could be seen from two different points of view. In a narrow sense of the word it could be seen as a power conferred on the European Commission by the Treaties to propose drafts and to adopt EU legal acts implementing legally binding Union acts. However, the exercise of the rule-making power may...
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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.
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Constitutional review of the limits of powers of the EU in the CR and Germany (the Lisbon Treaty and further development
Kupová, Věra ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
CONSTITUTIONAL REVIEW OF THE LIMITS OF POWERS OF THE EU IN THE CR AND GERMANY (THE LISBON TREATY AND FURTHER DEVELOPMENT) The purpose of the thesis is to analyze the case-law of the Constitutional Court of the Czech Republic and the Federal Constitutional Court of Germany relevant to the question of the relationship between Union law and national law, paying attention especially to the problematic area of ultra vires review claims, ie to the right of the constitutional court of a Member State to take the final decision whether an act of any European institution exceeds powers that have been transferred from the Member States to the EU according to the Treaties. The thesis consists beside introduction and conclusion of four chapters. Chapter one introduces the key provisions of the national constitutions both in Germany and in the Czech Republic, which allow to the Member States to delegate some of their sovereign powers to the EU. Chapter two deals with earlier decisions of both constitutional courts regarding the matter of EU law (before the Lisbon judgement) and points out the leading premises which were most important for the future development of the case-law on relationship between Union law and national law. Chapter three provides an analysis of three judgements on the Treaty of Lisbon (the Lisbon...
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The Status of the Charter of Fundamental Rights of the EU and its Application by Member States
Kábrtová, Adéla ; Scheu, Harald Christian (advisor) ; Král, Richard (referee)
The purpose of this thesis is to analyse the status of the EU Charter in the system of EU law and its application by Member States. EU fundamental rights in the EU can be perceived as controversial, because they can be regarded as a means of control of Union institutions, but also as a way of expansion of EU competences. In this context I will explore the EU Charter. The thesis is composed of 5 Chapters. In the First Chapter I will explain why human rights protection was not included in the Founding Treaties; furthermore I will elaborate on the case law of the Court which gave rise to EU fundamental rights as general principles of EU law. I will also explain why human rights are a sensitive issue between the EU and Member States. Chapter Two examines the development, content and the legal effects of the EU Charter. It also explores the parallel regime of the EU Charter and EU fundamental rights as general principles after the Treaty of Lisbon. Chapter Three is the core of this thesis. It explains the scope of application of the EU Charter by Member States. Based on the case law of the Court of Justice it will be shown that Member States are bound by EU fundamental rights when they act in the scope of EU law, which comprises of implementation of EU law, but also of derogation from EU law. It will be shown...
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Locus standi of non-privileged applicants to bring an action for annulment
Moravcová, Eva ; Svoboda, Pavel (advisor) ; Král, Richard (referee)
Locus standi of non-privileged applicants to bring an action for annulment Abstract Every developed legal system is bound to have a mechanism for checking the procedural and substantive legality of measures adopted by its institutions. In the European Union it was of significant importance to create a system of control over the acts of the EU institutions given the democratic deficit within the Union and the limited supervisory role of the European Parliament. Binding acts of the EU institutions are subject to review through a number of routes provided by the Treaty on the Functioning of the European Union (TFEU) and the Treaty on the European Union (TEU), namely action for annulment (Art. 263 TFEU), the plea of illegality (Art. 277 TFEU), the preliminary reference (Art. 267 TFEU) and the action for damages (Arts. 268 and 340 TFEU). The Court has consistently endeavoured to treat the several strands as a complex and coherent system of judicial review within the Union based on the rule of law. The action for annulment under Art. 263 TFEU plays a crucial role for individuals as it is in practice the only direct way open to individuals to challenge the acts of EU institutions. The main purpose of my thesis is to examine whether the current wording of Art. 263(4) TFEU provides for individuals a sufficiently...
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European citizens' initiative
Šíp, Matěj ; Král, Richard (advisor) ; Pítrová, Lenka (referee)
The very purpose of the thesis is to describe and give the legal analysis of the European Citizens' Initiative, which is the new part of European law. Subject matter of the first part of this thesis is deeply discussed democratic deficit in relation to citizens' initiative, which is followed by description of the direct democracy in Swiss Confederation and Slovakia. Introducing of main events and documents leading to the final EU regulation is also part of this thesis. The most important part is thereafter analysis of admissibility conditions of the citizens' initiative, necessary requirements and procedural rules while applying the regulation mentioned above. Significant attention is also paid to the role of the EU Commission, particularly when registering the citizens' initiative according to the regulation and potential consequences of non-registering. In addition, thesis deals with the nature of citizens' initiative and its relation to the EU Commission.
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Member state liability for breach of EU law
Donné, Michal ; Král, Richard (referee) ; Zemánek, Jiří (referee)
1 Resumé Member state liability for breach of EU law Under The Treaty on the functioning of The European union (TFEU), Member States have the primary responsibility for the application of EU law. The Commission has the authority and responsibility to ensure respect for EU law. At the end of 2008, the rules of the Treaty were supplemented by some 8200 regulations and just under 1 900 directives in force throughout the 27 Member States. The European Court of Justice (ECJ) has developed a general principle of state responsibility for non-compliance with EU law. State liability derives from the fact that EU Member States are responsible for the implementation and enforcement of EU law. Enforcement of state liability for violations of rights granted to individuals by EU law is carried out through the national courts of the Member States. Many EU rights, particularly those in the many directives are enforced through the doctrine of direct effect of directives: the state is liable, even where responsibility for the non- implementation of the EU directive lies with other organs of the State. The impact of directives remains limited, however, by the insistence of the ECJ on the exclusively vertical responsibility of the state (vertical direct effect) which prevents enforcement of directives against private...
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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...
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Implementation of European legislation into the legal order of the Czech Republic
Pelc Vostrá, Nelly ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
AAAAbstractbstractbstractbstract The main purpose of my thesis is to analyse how Czech legal order deals with the obligation to implement European legislation, and also, how it is affected by the process of implementation. The thesis consists of two major parts. Part One describes the European law system from the point of view of its effects on a national law; the direct effect as well as the obligation to implement the EU law into national legal acts are considered. Part Two is divided into six chapters; each chapter deals with a different aspect of Czech obligation to implement and apply the EU law. Czech government is the main legislative initiator and has developed detailed rules for preparing government bills. However, the praxis is far from ideal. Both chambers of Czech Parliament are affected by serious lack of interest in the process of implementation. The Constitutional court provides a constantly growing judicature of open-minded interpretation of the national law with respect to the EU law. On the other hand, it shows a surprising reluctance to refer for a preliminary ruling at the Court of Justice of the European Union. Czech courts have to deal with principles of application of the EU law. With respect to a principle of damages for failure to fulfil the member state's obligations under EU law,...
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Fundamental rights aspects of the free movement in the ECJ (case law)
Šamánek, Jan ; Král, Richard (advisor) ; Scheu, Harald Christian (referee) ; Křepelka, Filip (referee)
This thesis analyses in depth the seminal cases of the Court of Justice, namely C-341/05 Laval, C-438/05 Viking Line and C-346/06 Ruffert. The analysis starts with description of the decisions. Those are laid out both from the perspectives of the Advocates General and of the Court of Justice (chapter 2). Central aspects of the decisions are analysed in chapter 3. First, it is the decision to apply Community law (now EU law) to national social policy. This is not new in itself, but it is taken to unusual depth. Second, the Court of Justice decided to apply Community law to trade unions. This horizontal application of Community law has crucial implications on the human rights discourse of the Court. Third, we analyse how the Court viewed the issue whether the strike action violated the Treaty, and the issues of justification and proportionality. Chapter 4 focuses on human rights aspect of the decisions. The very use of human rights in Community law is briefly sketched. In more detail the implications of the likely accession of the European Union to the European Convention on Human rights are considered. Finally, the human rights discourse of the Court of Justice in the Laval and Viking cases is put to critical scrutiny. One of the determining elements in Laval and Viking is application of the Treaty...
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