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Cartels and Leniency program
Kašparová, Kristýna ; Boháček, Martin (advisor) ; Hubková, Pavlína (referee)
The final thesis deals with cartels and Leniency program, which is considered an effective tool for the detection of prohibited horizontal agreements. The aim of the thesis is to evaluate the effectiveness of Leniency program in the Czech Republic. At the beginning of the work I focus on cartel in legal and economic terms, then on forms and types of horizontal agreements, the so called hard-core cartels, which can apply the Leniency program. The intention of this work is legal, functional and historical analysis of Leniency program from the beginning to the present, emphasizing the changes that lead to greater efficiency in the use of this investigative tool and related problem areas eg. the criminalization of cartels, private enforcement of competition law and settlement procedure. In the end of the thesis I evaluate the Leniency program's effectiveness based on statistical data and especially the presentation of the most important cases in which this institute was applied, demonstrating its irreplaceable role in the detection of horizontal agreements by the Office for the Protection of Competition.
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The economic analysis of law in case-law
Hubková, Pavlína ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
OF THE DIPLOMA THESIS The Economic Analysis of Law in Case-Law Pavlína Hubková According Richard Posner, "economics is a powerful tool for analyzing a vast range of legal questions but most lawyers have difficulty connecting economic principles to concrete legal problems." This diploma thesis focuses on the clash between law and economics and on those difficulties lawyers may have when applying economic analysis of law. It tries to identify borders between two fields of study and problems or obstacles which are faced by judges. In concrete, the thesis deals with the economic analysis of law in the domain of competition law. The thesis is divided into a theoretical part and an empirical part. The theoretical part includes four chapters. The first chapter characterizes the economic analysis of law in general, it provides with a short history of this approach to law, opinions of its proponents as well as critics and a summary of utility of economics in law. The second chapter then refers specifically to the role of economic analysis in judicial decision-making. Competition law as an "explicitly economic field" is presented in the third chapter. The core of the thesis is to be found in the next chapter which focuses on the problems and obstacles which judges have to face and potentially overcome when...
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The Action for failure to act governed by Art. 265 TFEU
Hrabalová, Jana ; Grmelová, Nicole (advisor) ; Hubková, Pavlína (referee)
This thesis deals with the action for failure to act which is governed by Art. 265 TFEU. The purpose of the action for failure to act is a defence against unlawful failure to act of institutions and bodies of the EU. I describe an action for failure to act, define the conditions of admissibility, compare the action for failure to act to the action for annulment and analyse the decisions of the CJEU. The aim of the work is based on theoretical findings and analysis relevant decisions of the CJEU to determine the reasons for the low success rate of the action and try to formulate rules for bringing an action so that the present action was successful.
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Temporary provision of services in the EU internal market
Kvapilová, Nikola ; Štěpánek, Petr (advisor) ; Hubková, Pavlína (referee)
The bachelor thesis is focused on free movement of services within the EU and EEA Members states and Switzerland, as one of the freedoms of the EU single market. EU single market offers to service providers to expand their business to other Member states in the form of temporary provision of services through the posting workers by employers or cross-border provision of services by self-employed persons or freelancers. The thesis focus especially on requirements that service providers have to fulfil in case of temporary provision of services in all Member states, specifically it focus on requirements that are set in the Czech Republic. The final chapter presents possible barriers for service providers.
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Dvojí státní občanství v judikatuře Soudního dvora EU
Dudrová, Kateřina ; Grmelová, Nicole (advisor) ; Hubková, Pavlína (referee)
This work focuses on the case law of the Court of Justice of the European Union regarding dual nationality and the explanation of the characteristics of the terms related to this issue. It tries to facilitate the work with judicial decisions for readers and to help with their understanding by outlining the basic concepts. Furthermore, its effort is to analyse the chosen case law, compare the judgments with the opinions of the Advocates General and to try to find the certain evolution in decisions of the Court of Justice of the European Union. This would lead to the understanding of the fundamental points of dual nationality in the end.
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The right of petition to the European Parliament
Tycová, Tereza ; Grmelová, Nicole (advisor) ; Hubková, Pavlína (referee)
This thesis focuses on the right of petition to the European Parliament. The aim of the thesis was to provide the basic information about this institute and introduce it as an effective and beneficial instrument contributing to democratic principles in the European Union. The paper is divided into five chapters, in which is described development of the right to petition, procedure for submitting a petition, activities of Committee on Petitions. Further the paper evaluates exercise of this right according to different factors and finally, it compares the role of the Committee on Petitions with the work of the European Ombudsman.
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Inter-institutional cooperation and disputes within the European Union
Havičová, Aneta ; Grmelová, Nicole (advisor) ; Hubková, Pavlína (referee)
The aim of the thesis is to assess, which institutions are mostly concerned in inter-institutional disputes, what kinds of actions between these institutions CJEU primarily dealt with, or whether or not were these actions found to be warranted or not. The first part of the thesis is focused on the status of inter-institutional cooperation in primary and secondary EU law and European Union institutions that play a role in inter-institutional cooperation. The second part deals with the consequences of a breach of the principle of cooperation by performing the analysis of selected legal disputes between the institutions and bodies of the European Union.
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Legal aspects of direct marketing in Czech Republic
Demuthová, Martina ; Boháček, Martin (advisor) ; Hubková, Pavlína (referee)
The thesis deals with the issue of direct marketing, its instruments and related legislation. Direct marketing is a form of marketing communication which allows businesses to communicate directly with their customers. Its value in marketing is increasing, as well as spam, which is also defined in this thesis. First explained is the term direct marketing, its advantages and disadvantages, its tools and current role in the industry. Furthermore, a summary of the present legal and ethical regulations, and the system of self-regulation in Czech Republic is given. Within this thesis, research on a sample of more than 300 respondents was carried out to detect the frequency with which they are contacted via direct marketing, their attitudes to individual tools, and aspects which they find interrupting in individual forms of direct marketing communication.
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Incorrect application of the EU law by authorities of Czech Republic
Wohlrabová, Veronika ; Grmelová, Nicole (advisor) ; Hubková, Pavlína (referee)
The goal of this dissertation is to evaluate Alternative Dispute Resolution (ADR) methods and eventually the possibility of success when seeking redress for damage resulting from incorrect application of the EU law by the authorities of the Czech Republic. This goal will be achieved primarily by using analysis and comparison. With help of these two methods it is possible to find out how individual institutions of ADR (SOLVIT network and Czech Ombudsman) proceed in resolving specific cases where, due to the incorrect application of european law, there has been some damage.
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The legal aspects of withrawal from the European Union
Kaminská, Jana ; Grmelová, Nicole (advisor) ; Hubková, Pavlína (referee)
My bachelor thesis focuses on the legal aspects of a state's withdrawal from the European Union. It analyzes current legislation, compares it with different organizations, and uses Great Britain as an example. The main goal of this thesis is an impact assessment of said withdrawal which outlines the relationship between Great Britain and the European Union. This thesis is divided into several parts. The first part deals with European integration and its causes, goals, and problems. The second part is about the nature of withdrawal - definition, impacts, and an examples of an alternative solution which would be applicable after such an action. The third part focuses in detail on the Lisbon Treaty along with analysis of Article 50 and comments on this amendment. In the fourth part, the comparison of World Trade Organization legislation is made. The case study is all about Great Britain in which withdrawal was the most plausible and realistic option due to the increase of euroscepticism. This case study outlines the relationship between Great Britain and the European Union, mentions negotiated exceptions (opt-outs), considers the causes and probability of withdrawal as well as the economic and overall impacts. The conclusion of this thesis contains a summary of the most important thoughts and points out the danger of such an important step like withdrawal.
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