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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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Telecommunications regulation
Selby, Alice ; Pomahač, Richard (advisor) ; Pítrová, Lenka (referee) ; Bejček, Josef (referee)
The content of my work has been chosen on the basis that I have spent most of my career working as a regulatory lawyer in telecommunications. I started my career as a lawyer at the Czech Telecommunications Office and after few years I moved to the Ministry of Transport, which was then also responsible for telecommunications, and its strategy and legislation. Finally I joined Radiomobil (now T-Mobile Czech Republic) where I have spent 15 years to date. The development of technologies in the last 20 years is without a doubt fascinating. It is exciting to observe the sector regulation trying to catch up with the fast moving technological developments, and often aiming at attempting to regulate what cannot be regulated. At the same time we can witness the overregulated European telecommunications market gasping for air in comparison with other regions as it becomes less and less attractive to investments and investors, which is evidenced by the major European companies leaving the European markets and moving their activities into the less regulated regions of the world. A direct consequence of that is the consolidation of the European telecommunications markets. At the same time there are very high expectations on the part of both regulatory bodies and customers in the field of broadband development...
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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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Right to obtaining information on salaries and bonuses of employees in public administration bodies
Kilian, Vojtěch ; Korbel, František (advisor) ; Pítrová, Lenka (referee)
Title of the Thesis: Freedom of information rights to obtaining information on salaries and bonuses of employees in public administration bodies This thesis aims to analyse the theoretical framework of the freedom of information laws in the Czech republic, with a particular focus on obtaining information about salaries, wages, and benefits of public administration employees, and its subsequent comparison with the practice. The goal of this thesis is not only to summarise the development of jurisprudence concerning the freedom of information laws up to this day, which will be dealt with in chapter II, as well as in the relevant parts of chapter III.1 and 2 respectively, dealing with the right to privacy and information self-determination. More importantly, this thesis aims to offer a possible solution to the conflict between, on the one hand, the right to obtain relevant information pursuant to the freedom of information laws, and, on the other hand, the right to privacy and information self-determination, using the proportionality test described in chapter III.4. In doing so, this thesis offers a framework that has not yet been used in the relevant literature. Following a short summary, the thesis introduces the sources of the freedom of information laws relevant to the Czech legal system in order...
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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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The proportionality principle and the deprivation of liberty of a foreigner in administrative law
Holubkovová, Hana ; Kryska, David (advisor) ; Pítrová, Lenka (referee)
The proportionality principle and the deprivation of liberty of a foreigner in administrative law This thesis concerns the proportionality of the deprivation of liberty of the foreigner in Czech Republic. It only covers those types of deprivation of liberty that are specifically applied on foreigners and that are covered by the administrative law. In the first chapter this thesis defines legal concepts of a personal freedom and a proportionality principle. The second chapter covers the level of the international law, namely the article 5 of the European Convention of Human Rights, define legal conditions that a deprivation of liberty must meet and offers a relevant judicature of the European Court of Human Rights. The third chapter covers a deprivation of liberty from a view of the Return Directive (No. 2008/115/EC), the Reception Conditions Directive (No. 2013/33/EU) and the Dublin Regulation (No. 604/2013) and offers judicature of the Court of Justice of the European Union. The fourth chapter comprehends the Czech law and covers three acts, that enable a deprivation of liberty of a foreigner - the Act on the Police of the Czech Republic No. 273/2008 Coll., the Asylum Act No. 325/1999 Coll. and the on the Residence of the Foreign Nationals in the Czech Republic No. 326/1999 Coll. This chapter also...
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Classified information
Kloboučková, Sylvie ; Handrlica, Jakub (advisor) ; Pítrová, Lenka (referee)
The aim of this thesis is to describe the term classified information and to specify the ways of its protection e. g. personnel security, industrial security, administrative security, physical security, security of information and communication systems and cryptographic protection. The thesis also deals with National Security Authority which is the key administrative office for the area of the protection of classified information and for the security eligibility. Not least the thesis contains chapters about modern history of protection of classified information and recent progress in legislation. In the last chapter thesis also deals with the penalties for the violation of the regulation of protection classified information.
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Compensation for damage caused by exercise of public authority and public administration
Varmuža, Martin ; Pítrová, Lenka (advisor) ; Svoboda, Petr (referee)
Responsibility for damages caused by the execution of public authority and public administration and compensation for such acts is a surprisingly layered issue. When tackling this, it is vital to start with the general discourse, especially with emphasis on the teleological basis of the issue in the legal system as a whole. Only by working in this manner is it possible to address the current unanswered questions that surpass into legal philosophy - mainly the issue of lawmaker's responsibility for the content of his work. This area, together with a brief historical introduction is part of this thesis to ensure its comprehensiveness. The focus of this text lies in the presentation of the institutes found in the Act no. 82/1998 Sb., about the responsibility for damages caused by the execution of public authority and public administration. This issue is addressed comprehensively during the course of this thesis. I try to tackle the conditions for the invocation of the responsibility clauses, its character and the subjects of the relation among others. I also mention various problematic passages found in the Act and possible ways of improvement.
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Solidarity in the Charter of Fundamental Rights of the European Union
Laciaková, Veronika ; Scheu, Harald Christian (referee) ; Pítrová, Lenka (referee)
The thesis deals with the Chapter IV named Solidarity of the Charter of Fundamental Rights of the European Union which by its innovative way of elaboration based on the principle of indivisibility of rights provides a set of social, economic and solidarity rights. In the introduction, the thesis briefly describes the concept of solidarity rights and sources of their interpretation and subsequently it defines and analyzes specific rights contained in the relevant chapter of the Charter, also taking into account secondary legislation and case law of the Court of Justice. The second part points out concerns of certain Member States about the inclusion of solidarity rights into the Charter and its consequences concerning restrictive measures in the form of differentiation of the provisions of the Charter between rights and principles, as well as the adoption of the Protocol No. 30 on the application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom. The final part of the thesis examines a position of fundamental solidarity rights in the context of fundamental economic freedoms of the internal market and on specific examples from the decision-making of the Court of Justice demonstrates a shift in the perception of their relationship. Key words: the Charter of...
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The Directive on the free movement of services and its implementation in the Czech law
Hrabal, Tomáš ; Pítrová, Lenka (advisor) ; Pomahač, Richard (referee)
This thesis deals with the Directive on the free movement of services (Directive 2006/123/EC, on services in the internal market) and its implementation in the Czech law. The thesis is divided into four parts. In the first part, there is a brief overview of the regulation of the free movement of services and the freedom of establishment in the primary law of the European Union. The second part examines the Directive itself while analysing the process of its enactment and then examines its content in comparison with the existing legal regulation and specifies the contributions of the Directive to the provision of services in the internal market. The third part provides an overview of the implementation in the European Union Member States and constitutes the basis for comparison for the assessment of the Czech legal regulation. The fourth part explores the implementation of the Directive in the Czech Republic while assessing its quality on the basis of the analysis of the two implementing acts, comments of the European Commission and comparison with the regulation in other Member States. The result of the thesis is that due to the omission of the country of origin principle from the draft, the Directive was deprived of an element which would make of it a fundamental shift in the regulation of the...
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