National Repository of Grey Literature 97 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Protection of consumers - customers against the insolvency of tour operators - in EU law
Vysoká, Lenka ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
Protection of consumers - customers against the insolvency of tour operators - in EU law This thesis examines the legal regulation of consumer protection in the cases of the bankruptcy of travel agencies. In the event of the insolvency of a travel agency, a problem arises as to who will ensure that the consumers are repatriated from summer resorts and their expenses for the unperformed travel services are reimbursed. This issue was first dealt with by Directive No. 90/314 on package travel. The Directive 90/314 will be analyzed in the second chapter of this paper. The Directive leaves a large margin of discretion for national legislators as to how they achieve the required consumer protection standard. However, the EU Member States must ensure that consumers recover the entire loss they have incurred due to the failure of tour operators to provide services. The Member States have come up with a number of implementation solutions - e.g. insurance of the guarantee for the case of insolvency, bank guarantee or guarantee fund of the travel operators. This implementation into national legal systems is described in the third chapter of this thesis. That chapter further introduces the Czech implementation affected in Act No. 159/1999 Coll. This Act has opted for insurance of travel agencies as the means...
Since the country over the hill into the sky ...
Šarochová, Kristýna ; Zemánek, Jiří (referee) ; Malý, Břetislav (advisor)
In my bachelor thesis I would like to explore a painting approach analogous to the processes in nature. How the landscape transforms through artists into artwork. I create a structural archetype, a matrix with which I continue to work. But the resulting image becomes a matrix under the matrix, which as the imprint of the physical approach represents the spiritual message, the existential essence. A similar fact to this approach is my relationship to the landscape.
Standing of the Court of Justice of the EU in the Area of the Police and Judicial Cooperation in Criminal Matters
Shepard, Lucia ; Zemánek, Jiří (advisor) ; Král, Richard (referee) ; Fenyk, Jaroslav (referee)
5 Abstract This dissertation examines the standing of the Court of Justice of the European Union in the area of police and judicial cooperation in criminal matters, which was formally included under the umbrella of the European Union as a result of the Maastricht Treaty in the early nineties. Yet this area was excluded from the Community framework, which had a significant impact on the jurisdiction and competencies of the Court of Justice. Despite limitations arising from the construct of the third pillar, the Court of Justice took an opportunity through case law to overcome some of these limitations. The most recent milestone in the development of this area is the entry into force of the Lisbon Treaty which removed the so-called pillar structure and further limitations disappeared with the end of the transitional period. Further, existing case law of the Court of Justice in this area has been closely linked to the framework decision on the European arrest warrant, which is based upon the principle of mutual recognition and mutual trust between the EU Member States, and thus became an important part of the case law of the Court of Justice. Given the scope of this framework decision, the Court of Justice has also been frequently dealing with the issue of fundamental rights, the protection of which plays an...
Problematic aspects of the C.I.L.F.I.T. criterions enshrined in the CJEU's judgement
Sviatkin, Ivan ; Kunertová, Tereza (advisor) ; Zemánek, Jiří (referee)
The topic of the thesis are CILFIT criterions. These criterions were established by the Court of Justice of the European Union as conditions for application of the acte clair doctrine by national courts of last resort. The conditions determine situations in which such a court does not have an obligation under Article 267/3 to bring a matter before the Court of Justice. First of all, thesis describes the historical circumstances, which gave rise to the CILFIT case as well as the facts of that issue. Then it analyses one by one CILFIT criterions and also current procedure of submitting preliminary questions as a whole. As a part of the analysis, it focuses on the practical application of the abovementioned conditions by the courts of the Member States. It targets purely theoretical ideas too. The thesis, further, identifies certain problematic aspects of the CILFIT conditions. Subsequently, some possible solutions are being suggested and their effectiveness and appropriateness are being examined.
The Right to the Protection of Personal Data in Article 8 of the Charter of Fundamental Rights of the European Union
Mádr, Petr ; Král, Richard (advisor) ; Zemánek, Jiří (referee)
This thesis deals with the fundamental right to the protection of personal data as enshrined in Article 8 of the Charter of Fundamental Rights of the European Union ('the Charter'). An analysis of the case law of the Court of Justice of the European Union (CJEU) on Article 8 of the Charter reveals an intriguing paradox: although this provision has been repeatedly invoked in order to enhance protection of personal data and has featured prominently in several far-reaching judgments (Digital Rights Ireland, Google Spain or Schrems), there is considerable uncertainty as to the substantive scope of the right to the protection of personal data. The relationship between the right to privacy and the right to data protection has proved difficult to untangle, and the autonomous nature of Article 8 of the Charter has not always been respected. The aim of the thesis is to analyse the purpose and content of this fundamental right with reference to the CJEU's case law and recent academic debate. This thesis is divided into four chapters. Chapter 1 provides an overview of the European legal framework for data protection and demonstrates the limited value of the 'Explanations relating to the Charter' in interpreting Article 8. Chapter 2 analyses the CJEU's approach to interpreting and applying Article 8, while Chapter 3 is...
European trade mark in the case law of European courts
Cabák, David ; Zemánek, Jiří (advisor) ; Svobodová, Magdaléna (referee)
This thesis analyzes the contemporary case law of European courts regarding Community trade mark. The thesis is composed of five chapters. First chapter characterizes Community trade mark as a legal instrument of the law of the European Union. Second chapter analyzes relevant sources of law. Third chapter deals with institutions that are crucial mainly for the registration and protection of Community trade marks. Then the fourth chapter describes the registration process before the Office for Harmonization in the Internal Market. First part of this chapter focuses on the formalities of an application of the Community trade mark filed at the Office. Second part is concerned with the right of priority. Third part looks at absolute grounds for refusal of an application. Fourth part refers to relative grounds for refusal. Finally, the fifth part describes the grounds for revocation of the rights of the Community trade mark. At last the fifth chapter examines the contemporary legal background of the system of protecting the rights of proprietors of Community trade marks. The results of this thesis shows that the current legislation and the case law of European courts contribute to the functioning of the common market and mainly to free movement of goods by reasonable determination of limits for...
Exceptions to the harmonizing measures of the law of the European Union
Kratinová, Lucie ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
This final thesis gives an overview of possibilities given to Member states by European law to differentiate the legislature the way it fits their national needs. It might be difficult for all Member states to participate in all European policies as it is stated in Treaties, directives or regulations as the Member state cannot or does not want to follow the mainstream of integration. European law then provides the means how to differentiate from the provisions to secure that any harm will be caused to a Member state. In the first part of the thesis, some basic terms to understand the subject are introduced such as differentiation, harmonisation, flexibility and integration itself. In the second chapter you can find the process of harmonization and the power within that the institutions of European Union can operate. Some disputes about how the powers are exercised are also introduced here. The differentiated integration had some development which laid the foundations to the current situation and therefore the development is described in this chapter. There are more ways how to differentiate within the European law, chapter number 3 gives a basic overview of these possibilities. It mentions multiple-speed Europe, variable geometry and integration á la carte, and gives some practical examples to understand...
European legal regulation of cybercrimes in a comparison with the legal regulation of cybercrimes in the USA
Nováčková, Eliška ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
6 Abstract Thesis title: European legal regulation of cybercrimes in a comparison with the legal regulation of cybercrimes in the USA The diploma thesis deals with the legislation of cybercrime and cyber security of the United States of America and the European Union. The introduction defines the basic concepts and important moments of history of related legislation and discusses key policy documents adopted in the transatlantic area. It also presents the politics of these two units and their key legislation and describes the international Convention on Cybercrime. Selected documents are subsequently compared and evaluated in the context of legal terminology, technological development and application of regulations in practice. The thesis is concluded by the basic steps of transatlantic cooperation on issues of cyber security. The conclusion summarizes the lessons learned by comparing documents, particularly international emphasis on ratification of the Convention on Cybercrime and adequate levels of awareness of cyber space, and highlights some terminological inaccuracies. Keywords Cyber threats * cyber security * cybercrime * international cooperation * strategic documents
Representative democracy at the European level
Novotná, Markéta ; Zemánek, Jiří (advisor) ; Svobodová, Magdaléna (referee)
Representative democracy at the European level This thesis deals with representative democracy, as one of the fundamental principles underpinning the organisation of states or, as the case may be, interstate-type entities. At the European level, this principle is embodied by the European Parliament and the national parliaments of the Member States whose functions and competences complement each other. In the context of the role of the European Parliament the fundamental question concerns direct elections as an instrument of political legitimacy. This thesis offers a comparison of the findings of the Czech and the German Constitutional Courts, which took different views on the case of the electoral treshold in elections to the European Parliament. Arguments of these courts enable the reader to see European Union, position of the European Parliament in its institutional structure and its democratic legitimacy in wider context.
Budgetary autonomy of Parliament as an element of national identity of a Member State from the perspective of case law of the German Constitutional Court and the Constitutional Court of the Czech Republic
Elčić, Slaven ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
Resumé Sovereign debt crisis in the eurozone that struck most of the countries in the European Union in 2008 has brought forward a specific relationship between budgetary autonomy and national identity. With the development of situation in Greece, it seems that the topic is very relevant again. I have focused on finding the answer to question whether the budgetary autonomy can be considered a part of national identity. As a secondary question I have looked into the approach for assesment of what is still an acceptable limitation of budgetary autonomy. Methodologically I have used the topic-relevant literature and analysed the decisions of the Court of Justice of the European Union as well as Czech and German Constitutional Courts. I have then synthesised general conclusions that allowed me to answer the researched question. The paper is divided into three parts. In the first part I have focused on building a strong theoretical background and clarification of the concepts of budgetary autonomy and national identity. Third part is dedicated to the analysis of current decisions of the German Constitutional Court and their confrontation with my findings from the first and the second part. I did not confirm the hypothesis. In conclusion, I have stated that budgetary autonomy can not be considered a part of...

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See also: similar author names
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4 Zemánek, Jan
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