National Repository of Grey Literature 2 records found  Search took 0.00 seconds. 
Abuse of European Union law
Matějec, Martin ; Král, Richard (advisor) ; Sehnálek, David (referee) ; Šmejkal, Václav (referee)
Abuse of European Union law Abstract The aim of this dissertation is to analyze the principle of the prohibition of abuse of EU law and its applicability in various areas of EU law. The dissertation focuses mainly on the analysis of the case law of the Court of Justice, which plays a crucial role in defining the principle and the scope of its application. The following research questions are set out in the dissertation: 1) What practice constitutes the abuse of law under EU law?; 2) Does the Court of Justice apply only one single principle of the prohibition of abuse of EU law or does it apply various principles to different areas covered by EU law?; 3) If there is only one principle of the prohibition of abuse of EU law, how is this principle applied in various areas of EU law? Is the principle applied always in the same manner or are there areas of EU law that are subject to a more restrictive application of this principle? 4) What are the legal means that can prevent the abusive practices of economic operators or more precisely what are the legal means that can reduce the abuse of law? In order to answer these research questions the dissertation is divided into five parts. The first part defines the notion of abuse of law and the purpose of the principle of the prohibition of abuse of law, which finds...
Non-contractual liability of the EU
Navrátil, Petr ; Tomášek, Michal (advisor) ; Král, Richard (referee) ; Sehnálek, David (referee)
Non-contractual liability of the EU Abstract The aim of this thesis is to systemize the history of EU non-contractual liability; to analyse in detail the current concept of non-contractual liability of the EU, including procedural and substantive law aspects; to present a brief comparative analysis of selected national legal systems and their role in the regarding the general principles common to the laws of the Member States (and vice versa to reflect on the influence of EU non-contractual liability and its' possible role in the europeanization of administrative law); to contextualise non-contractual liability of the EU (with regard to constitutional, international and national aspects) and to consider compensation for damages caused by the EU as a tool for (un)effective judicial protection of individuals. Research methods are content analysis and comparison. This thesis is divided into seven chapters. The first chapter is introductory and defines the subject of research, the methods used and terminology. The second chapter deals with an analysis of the current state of professional debate on non-contractual liability of the EU. The main part of the thesis focuses on the identification of problems connected to non-contractual liability of the EU and contextualization of those problems. In that regard...

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