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European Union as an "Area of Justice" (Civil Matters)
Břicháček, Tomáš ; Šlosarčík, Ivo (advisor) ; Weiss, Tomáš (referee)
RÉSUMÉ (ABSTRACT) 1. Judicial cooperation in civil matters is an important area of the European integration that reflects the necessity to provide cross-border private law relations within the EU with legal certainty and judicial protection. This cooperation solves in an efficient way problems that would otherwise result from the differences between the private law systems of the individual Member States and from the independence and territorial limitation of their judicial systems. Its solution consists in the unification and harmonization in the field of the international private law. This method enables to these difficulties to be solved without the necessity o f a deeper interference with the private law systems of the Member States. Currently the area covers an essential part of the subject of the international private law, namely all its key areas - international jurisdiction, recognition and enforcement offoreign judicial decisions, determination of applicable law and legal aid among the courts throughout the Union. A bigger uncovered space is left in the field of applicable law, but there already exist new projects. Altogether, this area seems to be an organic functional complex, which bridges the territorial limits of the nationaljudicial systems. 2. This area is a very dynamic one. The European...
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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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Ambiguous limits of the powers of the European Community
Břicháček, Tomáš ; Šlosarčík, Ivo (advisor) ; Rovná, Lenka (referee)
Univerzita Karlova, Fakulta sociálních věd / Smetanovo nábřeží 6, 110 01 Praha 1 info@fsv.cuni.cz, tel: 222 112 111 www.fsv.cuni.cz Dle čl. 4 Opatření rektora č. 6/2010 o Zpřístupnění elektronické databáze závěrečných prací http://www.cuni.cz/UK-3470.html a čl. 1 Opatření děkana 29/2010 se z časového hlediska závěrečné práce dělí do tří skupin: a. "nové práce", tj. práce odevzdávané k obhajobě počínaje 29. 9. 2010, b. "starší práce", tj. práce odevzdané k obhajobě od 1. 1. 2006 do 28. 9. 2010, c. "práce před rokem 2006", tj. práce odevzdané k obhajobě před 1. 1. 2006. V tomto případě jde o "starší práci" odevzdanou k obhajobě od 1. 1. 2006 do 28. 9. 2010. Omlouváme se, ale dokument není v elektronické verzi k dispozici.
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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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European Union as an "Area of Justice" (Civil Matters)
Břicháček, Tomáš ; Šlosarčík, Ivo (advisor) ; Weiss, Tomáš (referee)
RÉSUMÉ (ABSTRACT) 1. Judicial cooperation in civil matters is an important area of the European integration that reflects the necessity to provide cross-border private law relations within the EU with legal certainty and judicial protection. This cooperation solves in an efficient way problems that would otherwise result from the differences between the private law systems of the individual Member States and from the independence and territorial limitation of their judicial systems. Its solution consists in the unification and harmonization in the field of the international private law. This method enables to these difficulties to be solved without the necessity o f a deeper interference with the private law systems of the Member States. Currently the area covers an essential part of the subject of the international private law, namely all its key areas - international jurisdiction, recognition and enforcement offoreign judicial decisions, determination of applicable law and legal aid among the courts throughout the Union. A bigger uncovered space is left in the field of applicable law, but there already exist new projects. Altogether, this area seems to be an organic functional complex, which bridges the territorial limits of the nationaljudicial systems. 2. This area is a very dynamic one. The European...
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