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The Judiciary - Europa's (il)legitimate Child?
Štamberk, David ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
The thesis is focused on examination of issues of legitimacy of the Court of Justice of the European Union. The problem is perceived in the context of the growing importance of the judiciary both at national and international levels. Judges are increasingly forced by circumstances to shape law. Their role in the system of bodies of states and international organisations is thus changed. The courts of the highest instance in particular become political actors. Traditional (functional) conception of their legitimacy, based on the requirements of professional credit, independence and impartiality, is then shown to be insufficient and must be supplemented by democratic legitimacy and proven existence of the legitimizing chain. Due to growing influence of international courts of justice this problem is projected to the international level. In the case of the Court of Justice of the European Union the whole problem is even more intense for its supranational character and influence, which it acquires consequently. It should therefore be at the forefront of efforts to improve the legitimacy of the international judiciary. The current situation however does not really corresond to it. Improvements in the appointment of Judges and Advocates-General were therefore proposed. Larger involvement of the European...
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The impact of Directive 2004/38 upon the free movement of nationals of the European Union with regard to relevant case-law of the European Court of Justice
Sokolová, Ivana ; Tomášek, Michal (advisor) ; Král, Richard (referee)
The impact of Directive 2004/38 upon the free movement of nationals of the European Union with regard to relevant case-law of the European Court of Justice This diploma thesis deals with impact of 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 on the freedom of movement. The first chapter of thesis aims to cover main points of development of the right to free movement. From the right of workers as an economic factor to the general right of every citizen of Europe. As far as the introducing of the European Union Citizenship was very important point for the development of right to free movement, this chapter also concerns evaluation of this phenomenon. Further this chapter contains analysis of the most important cases rendered by the Court of Justice of the European Union which affected the right of free movement mainly since European Union Citizenship has been established. The second chapter is the core of this thesis. It comprises analysis of the text of Directive 2004/38. It is giving a complete elaboration on the subject of Directive, beneficients of rights, conditions and rights. As far as the Directive 2004/38 is repealing number of...
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The concept of affirmative action in case law of the ECJ
Plachý, Robert ; Scheu, Harald Christian (advisor) ; Král, Richard (referee)
Positive Action in Case Law of the ECJ The general purpose of my thesis is to analyse a relevant sources of European Union law particularly the case law of the European Court of Justice relating to the issue of positive action measures and to find out, what attitude to judicial review ECJ applies in its decision- making in this specific area. The thesis is composed of three main chapters, each of them dealing with different aspects of positive action measures. First chapter is introductory and defines basic terminology used in the thesis. This chapter is subdivided into two different sections. Section one explains what the concept of positive action means including classification of its different types and provides justification of its application. Second section focuses on the relationship between positive action measures and the concepts of equality and non-discrimination. Second chapter examines the relevant provisions of EU law which deal with the positive action measures in different areas of application of EU law with special attention to the Charter of Fundamental Rights of the European Union. Third chapter is subdivided into three sections and provides an outline of relevant case law of ECJ in the area of judicial review of positive action measures. First two sections are intended to...
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The Legal Nature of the Schengen Acquis
Solich, Robert ; Král, Richard (advisor) ; Scheu, Harald Christian (referee)
The Legal Nature of the Schengen Acquis Mgr. Robert Solich Abstract The thesis deals with general legal aspects of the Schengen acquis which represents a set of rules relating to the lifting of the border control at internal borders of the states concerned. It especially focuses on internal structure of the Schengen acquis, at its legal effect and legal forms with their mutual relations during particular phases of the development of the Schengen acquis. The author describes in detail the process of europeisation of the Schengen acquis, which was originally created as a legal subsystem of international law based on the "Schengen agreements" and later integrated into the framework of EU on the basis of the Treaty of Amsterdam. The author elaborates the question of legal effects of the acquis integrated in the EU and its co-existence with newly adopted Community or Union Schengen acquis. Within the analysis, the changes stemming from the Treaty of Lisbon are taken into account as well. The thesis further deals with territorial scope of the Schengen acquis and the EU case-law relating to the acquis in question.
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Reversed discrimination in the Community contexts
Macháčková, Gabriela ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
Reverse Discrimination in the Community Law Context Gabriela Machačkova The final thesis discusses the issue of reverse discrimination, which arises when nationals/products of a Member State are disadvantaged because they are subject to a national regulatory measure, while foreign (EU) nationals/products are protected from that national measure by virtue of European Community (EC) law. It examines the question of scope of EC Law, specifically focusing on the extent to which nationals of a Member State who have never exercised their Community rights can claim their rights by applying the Treaty establishing the European Community. It addresses the question of extension of the scope of EC law to cover purely internal situations in which no inter-State element is present, and to which the fundamental freedoms (free movement of goods, services, persons and capital) do not apply. First, it reviews the development of European Court of Justice case-law on reverse discrimination and situations which can be regarded as purely internal. The time frame discussed in the thesis ranges from the late 1970s until the present. Reverse discrimination and purely internal situations are analysed in terms of the examples of the Court's jurisprudence. Secondly, as Union Citizenship has been introduced by the Maastricht Treaty,...
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