National Repository of Grey Literature 107 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Merger regulation of killer acquisitions under European competition law in European and international comparison
Jakob, Sebastian ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
1 English abstract Merger regulation of killer acquisitions under European competition law in European and international comparison Collen Cunningham, along with her colleagues, introduced a novel theory of harm known as a "killer acquisition" in her paper titled "Killer Acquisitions." A killer acquisition involves an already well-established market player acquiring a potential competitor with the intent to discontinue the acquired innovation project. The primary objective of such an acquisition is to eliminate potential competition that might arise from the innovative project of the acquired competitor. Typically, the potential targets of such scenarios are innovative start-ups that do not generate sufficient turnover to trigger the notification threshold employed in the EU, which relies solely on the turnover of merging parties. As a result, the European Commission sought other ways to assert jurisdiction over such transactions, most notably through the utilization of Article 22 of the Merger Regulation. However, it is argued that the current system of merger control at the European level is not bulletproof and a potential enforcement gap necessitating an amendment of the Merger Regulation exists. Consequently, several alternative criteria have been analysed, namely, the market-share test used in Spain...
Late transposition phenomenon in the Czech Republic
Říha, Michal ; Pítrová, Lenka (advisor) ; Svobodová, Magdaléna (referee) ; Plaňavová-Latanowicz, Jana (referee)
LATE TRANSPOSITION PHENOMENON IN THE CZECH REPUBLIC The implementation of European law is a necessary precondition for the functionality of European integration. However, while the Union institutions carry out the legislative work, the implementation of European law is a task for the Member States. They must adapt their legal systems accordingly and enforce EU rules effectively. In the case of directives, the basic condition for their effectiveness is transposition into national law, which usually requires to propose a new act of Parliament. The Czech Republic has long been one of the countries with a high proportion of late transposition of EU directives. Despite the generally accepted claim that the culprit of these transposition failures lays in the Czech Parliament, research refutes such views. Although the Chamber of Deputies is relatively autonomous from the Government, its deliberations are lengthy, and the Chamber of Deputies' Rules of Procedures offers only a limited range of instruments to guide parliamentary deliberations, transposition delays occur already at the executive level. This is even though the Czech Republic has a series of robust measures to improve the planning of implementation works, but these are not enforced in practice. Presented research is based on data on the legislative...
Transposition of Energy Communities into Czech Law
Pešková, Michaela ; Svobodová, Magdaléna (referee)
Transposition of Energy Communities into Czech Law - abstract The main topic of the presented diploma thesis is the legal concept of energy communities and its transposition into Czech law. The term "energy communities" means both citizen energy communities according to the Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU and renewable energy communities as defined by the Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources. None of the mentioned directives has yet been fully transposed in the Czech Republic, although the transposition deadlines in both cases have already passed. The first chapter of the diploma thesis discusses the transposition of EU directives in general and from a theoretical point of view, including transposition methods and a description of the process of transposition of directives at the national level. The second chapter deals with the EU legal provisions regulating the energy communities themselves. Common characteristics, as well as basic differences between both types of energy communities, are identified, including the consequences of these differences for...
Consumer interests in the regulation of Internet gatekeepers in EU and US competition law
Novák, Matyáš ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
Consumer interests in the regulation of Internet gatekeepers in EU and US competition law Abstract This thesis focuses on the regulation of Internet gatekeepers in EU and US competition law. The aim of the thesis is to compare the rules and legislative proposals on the regulation of Internet gatekeepers from the perspective of protecting the interests of end consumers. The structure of the thesis is divided into five chapters. The first chapter is an introduction to the topic of the thesis. The second chapter offers a brief insight into the relationship between competition law and consumers. This chapter outlines the history of competition law and the consumer in a broader and narrower sense. The second chapter then defines the various consumer interests that are protected by EU and US competition law - price, choice, quality and innovation. The third chapter introduces the individual pieces of legislation examined, namely the European Digital Markets Act and the US federal bills American Innovation and Choice Online Act, Platform Competition and Opportunity Act, Ending Platform Monopolies Act, ACESS Act of 2021, and Open App Markets Act. The fourth chapter is devoted to the actual content of the gatekeeper regulation under review. This chapter is organized into 20 subchapters, 19 of which address the...
Methodological framework for European regulation of (artificial) intelligence and its limits
Vlasta, Martin ; Tomášek, Michal (advisor) ; Svobodová, Magdaléna (referee)
in English language - Methodological framework for European regulation of (artificial) intelligence and its limits This paper first asses three different approaches to the human condition and arrives at the conclusion that it is exceedingly difficult to presicelly qualify the criteria what makes a natural born human, or a legal entity, a Person in legal sense, apart from the fact we have a strong intuition for it, whereas that intuition is lacking for AI systems. The paper proceeds to establish a definition for AI system for the regulator, one that is practical and functional. One of the key aspects that was identified was the ability of decision-making of artificial systems in any form is the driving force behind the need for regulation. Further more the paper briefly analyses series of documents from various stakeholders that propose their own priorities regarding AI regulation. Furthermore priorities and values laid out in Ethics Guidelines for Trustworthy AI by AI HLEG were highlighted as they are most relevant for the future regulation. Key values revolve around human- centric approach to AI regulation. Next, the paper explores a modification of introduced AI topology and covers various issues as well as proposals for solutions. The paper explores the fundamental terminology and definitions in...
Collective Actions in Selected Legal Systems from a Consumer Protection Perspective
Nováčková, Daniela ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
Class Actions in Selected Legal Systems from a Consumer Protection Perspective The thesis is dedicated to the topic of collective actions in the new legislation at the EU level (contained in Directive 2020/1828 on representative actions1 ) and in the national legislation in selected EU Member States - the Czech Republic, Poland and Portugal. The aim of the thesis is to examine and evaluate which legislation on collective actions for damages is the most favourable for consumers in the selected EU Member States and thus provides the greatest level of legal protection for consumers. In the case of the Czech Republic, the legislation under examination is that contained in the Draft Act on collective proceedings,2 which has not yet been enacted into law. At the same time, the thesis examines whether the Directive on representative actions at all provides EU Member States with a legal framework allowing them to set up national legislation on collective actions in the most consumer-friendly way. The structure of the thesis is divided into 9 chapters. The Introduction is followed by Chapter 2, which starts by introducing some basic terms in the field of collective actions, such as collective action, opt-in and opt-out systems, etc., of which the understanding is essential for the following chapters....
English as a Lingua Franca from the perspective of Czech people
SVOBODOVÁ, Magdaléna
This thesis deals with the development and global spread of the English language. The main purpose is to examine the prevailing attitude in Czech society towards English as a language which can be used as a tool of communication with people worldwide. The theoretical part begins with an introduction of the concept English as a lingua franca followed by the historical development of English in the context of historical events which have had fundamental effect on the spread of the language. Furthermore, the author outlines the position of English in the Czech Republic. The practical part uses a quantitative survey to examine whether Czech people are aware of the current position of English in the world and to what extent is the knowledge of the language important to them. The survey also focuses on the level of English in the Czech Republic and the willingness of Czechs to use the language. The results of the survey are compared with theoretical findings.
Problem of so-called social dumping in EU law
Marková, Alice ; Svobodová, Magdaléna (advisor) ; Šmejkal, Václav (referee)
Problem of so-called social dumping in EU law Abstract Social dumping in EU law is becoming an increasingly pressing problem. Due to the creation of the EU internal market and the accession of the new Member States, in particular southern and eastern Europe, social dumping is occurring in many forms in the European Union. Is it possible to prevent social dumping, or by what means can it be minimized? This diploma thesis in its first chapter deals with the definition of social dumping in EU law in general, focusing on social dumping in the form of so-called regulatory arbitrage, both theoretically and practically. In the second chapter, the author presents the development of social policy in the context of the EU internal market, since the interaction between the economic and social objectives of European integration is crucial for the existence of social dumping. This chapter is followed by the case law of the Court of Justice of the European Union in Rush Portuguesa, Viking Line, Laval, Rüffert and Commission v. Luxembourg, which concerns a conflict of fundamental freedoms and fundamental social rights. This chapter discusses how the Court of Justice of the European Union decides in the event of a conflict of these rights. Furthermore, that case-law has a considerable impact on the interpretation of the...
Mutual Recognition of Qualifications within the European Union
Židlický, Martin ; Vondráčková, Aneta (advisor) ; Svobodová, Magdaléna (referee)
1 Abstract in English Mutual Recognition of Qualification within the European Union The thesis deals with the principle of mutual recognition of qualifications. This is one of the guiding principles concerning the free movement of persons and services. The text of the thesis is divided into three main chapters, which are further divided into subchapters depending on the partial question of the main topic of the chapter. A brief summary of the most important information is included at the end of the main chapters. The first part of the thesis deals with the historical basis for today's legal regulation of mutual recognition of qualifications. The concept of the principle of mutual recognition together with the sources of primary EU law is discussed. Subsequently, the secondary sources of EU law, the directive, which preceded the current form of legislation, are analysed. Finally, the content of the first part includes case law, which gave rise to the principle of mutual recognition and other decisions related to the topic of the thesis. The second part of the thesis is devoted to the current valid regulation of recognition of qualifications. The structure of Directive 2005/36 / EC of the European Parliament and of the Council on the recognition of professional qualifications of 6 July 2005 is described in...
The principle of ensuring effective judicial protection by Member States in the context of current case law of the CJEU
Kaluha, Štěpán ; Navrátil, Petr (advisor) ; Svobodová, Magdaléna (referee)
The Principle of Ensuring Effective Judicial Protection by Member States in the Context of the Current Case Law of the CJEU Abstract in English This diploma thesis named The Principle of Ensuring Effective Judicial Protection by Member States in the Context of the Current Case Law of the CJEU, deals with the manifestations of this principle in the case law of the Court of Justice, especially with regard to its horizontal dimension which is related to the ongoing judicial reforms in Poland. The objectives of the thesis are to analyse and evaluate the principle of ensuring effective judicial protection, to compare it with the principle of national procedural autonomy and, through the analysis of three recent decisions of the Court of Justice, to identify a new direction in the case law of the Court of Justice after the ASJP decision. The thesis is divided into two parts - theoretical and practical. In the theoretical part, I place the principle of ensuring effective judicial protection by Member States in the broader context of EU law as a general principle of EU law and thus part of primary law. Then I discuss the principle in detail, in particular exploring its definition in the Treaties and in the case law of the Court of Justice, analysing its content and briefly discussing the consequences of its breach...

National Repository of Grey Literature : 107 records found   1 - 10nextend  jump to record:
See also: similar author names
8 SVOBODOVÁ, Magdalena
8 SVOBODOVÁ, Magdaléna
43 SVOBODOVÁ, Markéta
46 SVOBODOVÁ, Martina
28 SVOBODOVÁ, Michaela
4 SVOBODOVÁ, Michala
1 Svobodová, M.
2 Svobodová, Magda
2 Svobodová, Mahulena
8 Svobodová, Marcela
2 Svobodová, Mariana
13 Svobodová, Marie
1 Svobodová, Marika
43 Svobodová, Markéta
2 Svobodová, Marta
46 Svobodová, Martina
1 Svobodová, Martina Bc.
28 Svobodová, Michaela
4 Svobodová, Michala
1 Svobodová, Milada
2 Svobodová, Milena
2 Svobodová, Miriam
2 Svobodová, Miroslava
10 Svobodová, Monika
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