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Temporary residence permit for partners of EU citizens
Nováková, Kristina ; Kryska, David (advisor) ; Vedral, Josef (referee)
Temporary residence permit for partners of EU citizens Abstract This thesis is focused on the administrative proceedings on the application for the granting of the temporary residence permit for the partners of EU citizens being considered as their family members. This paper analyses two statutory substantive conditions (permanent partner relationship (common-law marriage) that is not a marriage and cohabitation in a common household) and one procedural condition (the burden of proof lays primarily upon the applicant), which need to be fulfilled c umulatively i n o rder t o b e a ble to consider a partner of an EU citizen as a family member of an EU citizen and so more favourable treatment stated in the Directive 2004/38/ES can be applied. I have found that a common-law marriage shall be an analogy of the marriage in terms of its nature and intensity; its permanency is especially a question of quantity, i.e. length of its duration, however it shall not be the only aspect, it is also needed to take into consideration the quality of the relationship, which can rest for example in a common obligation. Not only common past is therefore decisive, but also the planned common future. Cohabitation in a common household can be defined a s a n i n a dvance n ot t ime l imited c ohabitation of a common-law wife and...
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The transfer of an undertaking/business in Czech and European Labour Law
Reichmann, Lukáš ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
The transfer of an undertaking/business in Czech and European Labour Law The aim of my thesis is to thoroughly analyse the regulation of transfers of undertakings, businesses or parts of undertakings or businesses in the perspective of Czech and European Labour Law. The reasons for choosing this topic are my genuine interest in Labour Law and the fact that this area of Labour Law is relatively overlooked by most authors in the Czech Republic. Aside from the general introduction and conclusion, this master thesis will consist of three main parts, each of them dealing with different aspects of the topic concerned. The introductory part defines basic terminology used in the thesis and describes my motivation for choosing this topic. The first part gives a brief historical overview of the development in this area of Labour Law both in European Law and Czech Law. The second part deals with transfers of undertakings/businesses within European Law, so the Council Directive No. 2001/23/EC and the respective case law of the Court of Justice of the European Union are mostly discussed there. Therefore, this part focuses on various aspects of this topic such as legal transfer, merger or identity of economic entity. Then, several methods of the transfer of undertaking/business within the sense of the directive...
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Transfer of rights and obligations arising from employment relations
Košnar, Michael ; Štangová, Věra (referee)
The thesis focuses on the transfer of rights and obligations arising from employment relations. This legal institute is primarily aimed at the protection of employees during the transfer of undertakings, which can negatively affect their employment relations. The matter is regulated under the Transfers of Undertaking Directive 2001/23/EC. In addition, it is regulated under Czech law, mostly by articles 338-342 of the Czech Labour Code No. 262/2006 Coll. The thesis involves critical assessment of the EU and Czech regulation of the issue including relevant case law of the Supreme Court of the Czech Republic and the Court of Justice of the European Union(CJEU). Furthermore, it aspires to identify the possible problems arising from the current regulation and aims to find their possible solutions. The most essential questions are; when the transfer of rights and obligations occurs according to legislation currently in force and when it should occur in the case the legislation is to be amended. The thesis consists of three chapters. The first introductory chapter provides the reader with a necessary theoretical background. The second chapter contemplates the Directive 2001/23/EC and predominantly focuses on the material scope of the Directive in the light of the relevant case law of the CJEU. Finally,...
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Legal status of family members of Union citizens in light of European Union Law
Jirsa, Tomáš ; Scheu, Harald Christian (referee) ; Svobodová, Magdaléna (referee)
The objective of this thesis is to analyse the issues related to the legal status of family members of European Union citizens in light of European Union law, and to compare the rights of family members of EU citizens with the rights of the other third country nationals (further referred to as TCNs) and the EU citizens themselves. The first chapter deals with the institute of EU citizenship and especially stresses the importance of the right of EU citizens and their family members to move and reside freely within the territory of Member States which is connected with the status of an EU citizen. The second chapter is related to the different definitions of family members in EU secondary legislation. The third chapter examines in detail specific rights (e.g.: the right of entry and residence to the territory of the host Member State, protection against expulsion) which are connected with the status of the family member of EU citizens on the one hand and the status of the TCNs on the other hand. The thesis attempts to answer to the questions related to the legal status of family members and tries to suggest possible future adjustments of EU legislature.
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Legal status of family members of Union citizens in the light of European law
Jirsa, Tomáš ; Scheu, Harald Christian (advisor) ; Forejtová, Monika (referee)
The objective of this thesis is to analyse the issues related to the legal status of family members of European Union citizens in light of European Union law, and to compare the rights of family members of EU citizens with the rights of the other third country nationals (further referred to as TCNs) and the EU citizens themselves. The first chapter deals with the institute of EU citizenship and especially stresses the importance of the right of EU citizens and their family members to move and reside freely within the territory of Member States which is connected with the status of an EU citizen. The second chapter is related to the different definitions of family members in EU secondary legislation. The third chapter examines in detail specific rights (e.g.: the right of entry and residence to the territory of the host Member State, protection against expulsion) which are connected with the status of the family member of EU citizens on the one hand and the status of the TCNs on the other hand. The thesis attempts to answer to the questions related to the legal status of family members and tries to suggest possible future adjustments of EU legislature.
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Value Added Tax in International Trade in Goods
Tomíček, Milan ; Karfíková, Marie (advisor) ; Boháč, Radim (referee) ; Radvan, Michal (referee)
The dissertation is dedicated to application of value added tax to an international trade in goods while it focuses on so called intra-Community supplies between EU member states. It focuses also on the extent to which the transitional VAT system is applicable in terms of European single market. The aim of the dissertation was to map existing and possible future development of the VAT system in the area of the intra-Community supplies and its legal framework. The primarily task was to analyze relevant legislation (first Directive 2006/112/EC and Act No. 235/2004 Coll., about the value added tax, as amended) taking into account case law of Court of Justice of EU and national courts of individual EU member states, including the application of the results of analysis on specific selected transactions. A fundamental question seems to be how to prove a fulfillment of conditions for application of the VAT exemption on delivering goods to another EU member state. The condition which appears to be most risky is that the supplier is obliged to prove that the goods left the national territory, especially in a situation where the actual transport is arranged by the customer and the supplier must largely rely on the information that he receives from the customer. The position of the supplier is complicated by...
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Transfer of rights and obligations arising from employment relations
Košnar, Michael ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
The thesis focuses on the transfer of rights and obligations arising from employment relations. This legal institute is primarily aimed at the protection of employees during the transfer of undertakings, which can negatively affect their employment relations. The matter is regulated under the Transfers of Undertaking Directive 2001/23/EC. In addition, it is regulated under Czech law, mostly by articles 338-342 of the Czech Labour Code No. 262/2006 Coll. The thesis involves critical assessment of the EU and Czech regulation of the issue including relevant case law of the Supreme Court of the Czech Republic and the Court of Justice of the European Union(CJEU). Furthermore, it aspires to identify the possible problems arising from the current regulation and aims to find their possible solutions. The most essential questions are; when the transfer of rights and obligations occurs according to legislation currently in force and when it should occur in the case the legislation is to be amended. The thesis consists of three chapters. The first introductory chapter provides the reader with a necessary theoretical background. The second chapter contemplates the Directive 2001/23/EC and predominantly focuses on the material scope of the Directive in the light of the relevant case law of the CJEU. Finally,...
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Transfer of rights and obligations arising from labour relations
Blaha, Martin ; Lang, Roman (advisor) ; Štefko, Martin (referee)
This diploma thesis deals with the institute Transfer of rights and obligations arising from the labour relations under the Czech legal system in comparison with European legislation and namely in the light of the Czech and EU's judicial decisions. The text is divided into three main parts. In the first part there are generally determined the labour relations, their elements and possible change of them. The second part describes the institute, the impact on the concerned employees and all rights and obligations with the transfer related. The third part is about the situations, when the Transfer of undertaking occurs in accordance with special regulations. There are raised the questions in the text, which could occur in this context with the change of the employer, and the author attempts them more or less to answer with the assistance of the decisions of courts.
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Stay of the third-country nationals in the Schengen Area in the common visa policy framework
Murad, Daniela ; Tomášek, Michal (advisor) ; Pítrová, Lenka (referee)
The thesis deals with the development of the Schengen cooperation and characteristic of the Schengen acquis transforming in the course of time, with the stress on the field of visa and residence/migration policy. Main emphasis is on the valid legislation concerning the status and stay of the third country nationals. The thesis looks into problematic parts of the legislation, both theoretical and practical, and provides opinion of the author on those matters. The thesis is divided into four main spheres. The first one concerns development of a visa and migration policy in the framework of development of the Schengen cooperation and its gradual integration into the main EU policies, its definitions and different participation of the Member States. Following key part of the thesis deals with the current valid provisions of the stay of the third country nationals (citizens of the countries outside of the EU). This part defines subjects of law coming from the third countries, as differentiated by the Union and Czech law and defines various types of authorization to stay which entitle them to short or long-stay at the Schengen or Czech territory. The third segment deals with the family members of the EU nationals who are covered by specific legal framework. Last part of the thesis encompasses future...
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Protection of employee in the event of transfer of employer
Doležalová, Zuzana ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
The thesis deals with the topic of transfer of rights and obligations arising from employment relationship. On the European level this institute is governed by Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses. On the domestic level, the regulation can be found in the Labour Code in Chapter XV, Part Thirteen in § 338 et seq. The thesis concerns with both regulations and examines the implementation of the Directive into Czech law. It also compares the approach of CJEU and Supreme Court of Czech republic to this issue. The topic is at first briefly introduced in the introduction. The second chapter clarifies the basic terms. Core of the thesis is the third and in the fourth chapter. Big part of the thesis is devoted to defining the scope of the regulation, that means the determination of cases, when it is aplicable. The first part of the third chapter describes the regulation of the directive and the development and current view on this issue of CJEU. The directive applies in cases of transfer of an economic entity which retains its identity. The second part of the third chapter is devoted to its equivalent in the Czech law. The Labour...
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