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Underage mothers of parental generation of 70th and 80th
Pitrová, Lenka ; Maříková, Hana (advisor) ; Tuček, Milan (referee)
This thesis is examines women who in the 70s or 80s become underage mothers. It tries to map out how these women perceive their life. It also investigates how negative assumptions about underage mothers agree or disagree with the specimen. First there is processed topic of underage mothers and their various aspects. It introduces the views of domestic and foreign authors on these girls. These views predicts a bleak and unsuccessful life to those girls. Another part presents era of socialism, which surveyed women grew up and became pregnant in. Next part describes the research methodology. For this thesis the qualitative research was chosen, specifically biographical interviews. The last part of the analysis is devoted to the research and specific findings. It introduces the topics that women talked about and which are very important to them. Research shows that the former young mothers perceive and evaluate their lives mostly positively. When comparing expert views on teenage mothers with the lives of these women, it is clear that the gloomy predictions of the authors didn't come true and women don't live in poverty and sadness. Conversely they happily spend time with their children and partners.
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Parallel application of national and Union competition law
Veselý, Jakub ; Šmejkal, Václav (advisor) ; Pítrová, Lenka (referee)
Parallel application of national and Union competition law The adoption of regulation No. 1/2003 opened a discussion on admissibility of parallel application of national and EU competition law regarding the ne bis in idem principle. The aim of the thesis is to map the condition of this legal topic after ten years since the process of modernisation of EU competition law on the basis of the analysis of judicial decisions and relevant legal acts including EU Charter of fundamental rights that became a part of EU primary law since Lisbon Treaty. Three different cases are to be understood under the term parallel application. The cumulative application means a case where national competition authority applies both national and EU law to punish anticompetitive behaviour in one single proceedings. The second case is the parallel application on the EU territory, where there are several proceedings held by competition authorities parallelly. These proceedings are held either concurrently or consequently. Lastly, the parallel application going beyond the EU territory is the case where an anticompetitive behaviour that has already been punished by a competition authority of a non-member state is subject of proceedings held by competition authority in EU. The thesis is divided into six chapters. The first...
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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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Research and development cooperation from the perspective of competition law of the EU
Hebelková, Kamila ; Šmejkal, Václav (advisor) ; Pítrová, Lenka (referee)
Presented thesis is focused on research and development cooperation between companies from the perspective of the competition law of the European Union. The thesis analyses the evolution of the legislation applicable to on this kind of cooperation in the context of examined axis of laissez-faire - interventionism. The emphasis is put on convergence of the EU legislation for this category of collaboration with the regulations applicable for R&D agreements in the USA. The aim of presented thesis is to analyse and determine the direction of the European Union competition law regulation of research and development cooperation in the context of abovementioned axis, namely the evolution of block exemptions for this category of agreements. Apart from the coherent description of the applicable set of rules, the analysis aims to foresee the future evolution of these rules. .Another aim is to compare the European course of research and development legislation with the same kind of legislation in the USA. That is why presented thesis contains detailed analysis of the legislation applicable to R&D agreements in the USA. This objective was established in order to perform a proper comparison of both antitrust regulations and also for the purpose of analysis of convergence of these regulations. The last aim is to...
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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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Legal Regulations on the Provision of Tour Operators' and Travel Agencies' Services and the Supervison of their Compliance - in Light of European Law
Králová, Renata ; Vedral, Josef (advisor) ; Pítrová, Lenka (referee)
The thesis deals with Czech and EU legal regulations regarding the provision of tour operators and travel agencies services. Special attention is given to the sale of package tours. The thesis analyzes these regulations (in particular Act no. 159/1999 Coll., on certain conditions and the provision of activities in the field of tourism) from a linguistic, systematic and historical method of interpretation. Special emphasis is placed on the state supervision, particularly the control provided by trade licensing authorities which plays the key role in the lawful application of the regulations in practice. Although the thesis aims to the conditions of the provision of tour operators and travel agencies sale of tour packages, it mentions other Czech and EU legal regulations (Act on the protection of the consumer, Act on prices, EU regulations on the protection of the rights of passengers in different modes of transportation) which involve the sale individual travel services. The main chapter is devoted to EU directive no. 90/314 on package travel, package holidays and package tours and relevant decisions of the Court of Justice of the EU and national courts. In this regard the work concentrates on those provisions of the directive which are vague and cause interpretation difficulties in practice. The...
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Legal Framework of Protection of Foreign Direct Investment under Bilateral Investment Treaties and European Law
Moškvan, Dominik ; Svoboda, Pavel (advisor) ; Pítrová, Lenka (referee)
This thesis aims to analyse alleged incompatibility of bilateral investment treaties signed between the Member States of the European Union with the European Union law and its impact on the investment environment of the Union. Bilateral investment treaties are found to be incompatible with EU law. First, it is the provision allowing for dispute settlement in the form of arbitration, thereby excluding the case from EU judicial review and infringing the primacy and autonomy of EU law. Second, it is the preferential treatment of investors given only to an investor from a state with a concluded BIT conflicts the non-discrimination principle. Preferential treatment given in BITs should be either unilaterally extended, or dismissed for all investors. Unless rescinded, BITs remain valid. Investment environment of the European Union might be exposed to an increased risk of legal uncertainty. This is due to the existence of dichotomy of investment arbitration and national courts, which has not allowed for a binding interpretation of EU law since arbitration courts are not considered to be a court of a Member States with respect to the meaning of Article 267 of the Treaty on the Functioning of the European Union. Concurrence of the two parallel systems of dispute resolution does not allow for a prompt...
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Rights of enterprises in the investigation of delicts within EU competition law
Tomicová, Jana ; Svoboda, Pavel (advisor) ; Pítrová, Lenka (referee)
As it is evident from the title, in my thesis I would like to provide an overview of the undertakings' procedural rights in proceedings under Article 101 and/or 102 of the Treaty on the Functioning of the European Union. Given the extensive investigative powers that are granted to the European Commission by the Council Regulation No 1/2003 and the consequences of being found guilty of violating Article 101 and/or 102 of the TFEU, it is necessary to ensure that the undertakings have enough ways available to exercise their right to defence and other rights and privileges guaranteed by the EU law and international treaties such as European Convention on Human Rights (e.g. the right to respect for private life). For this reason the EU law provides a range of procedural rights that should guarantee that both all the fundamental rights are observed and also serve as a system of checks and balances that prevents the misuse of the Commission's investigative powers. My thesis will focus individual rights of undertakings that are provided to them by the Council Regulation No 1/2003 and EU courts judicature. I will analyse their scope and purpose, the conditions under which they can be exercised and their limitations. Simultaneously a comparison between the rights of undertakings in the EU and U.S. legal system will...
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Legal issues of establishing European political parties
Skalická, Pavlína ; Svoboda, Pavel (advisor) ; Pítrová, Lenka (referee)
The goal of this diploma thesis is to define the European political parties. The thesis has been divided into five chapters, which are further subdivided. The reason why I have chosen this topic is quite simple - to analyse the current status of the European political parties and introduce them to wider audience not to be confused anymore with political groups in the European Parliament. In the first chapter the thesis brings a brief definition of the legal constitution of political groups in the European Parliament. For many years there has been confusion between the concept of a European political party and political group, so the thesis defines the political groups and its position in the European Parliament in order to create a basis for their differentiation from the European political parties. The second chapter is devoted to create a definition of the European political party and to bring the legal regulation of the European political parties. The thesis focuses also on the variability of their legal base in the treaties of the European Union (legal base before the Treaty of Lisbon, legal base in the Treaty establishing a Constitution for Europe and legal base in the Treaty of Lisbon). The third chapter is dedicated to legal issues of the European political parties. Emphasis was put on...
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Administrative justice in the Federal Republic of Germany
Micenková, Mária ; Pítrová, Lenka (advisor) ; Pomahač, Richard (referee)
The reason for my research is to provide an analysis of German administrative jurisdiction. The thesis is composed of seven chapters, each of them dealing with different aspects of analysed matter. Chapter one is introductory and defines basic elements of the thesis, which are the public system of judiciary and administrative jurisdiction. The chapter is subdivided into three parts. Part one describes horizontal model of public judiciary organisation. Part two deals with vertical model of public judiciary organisation and part three with diagonal model, as mixture of elements of the previous two models. Chapter two examines historical background and relevant constitutional legislation. The chapter consists of two corresponding parts. Chapter three is subdivided into two parts and provides an outline of institutional organisation of administrative courts. Part one illustrates the court organisation. Part two looks closer at the personal component of - in part one - described courts. Chapter four concentrates on access to the administrative courts. Part one describes the condition of access to administrative courts. Part two analyses the legal actions in particular and part three the scale of judicial review. Chapter five is analysing the procedural aspect of protecting the public laws. It is...
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