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Subsidiarity in EU law
Krátký, Jiří ; Tichý, Luboš (advisor) ; Pítrová, Lenka (referee)
Subsidiarity in EU law English Summary / Abstract The upcoming 30th anniversary of the Maastricht treaty is an opportunity to celebrate but also to critically evaluate the overall success of this significant political step towards deeper European integration. The Maastricht treaty incorporated the Principle of Subsidiarity as a general principle of law into the EU legal system. The Principle of Subsidiarity was intended as a safeguard against a creeping centralization and federalization of the alliance and a means of regulating the exercise of the Union's non-exclusive powers. Thirty years of experience is a good time to evaluate the success and fulfillment of that mission. This is all the more pertinent in 2021 as the EU finds itself on the threshold of a new public debate about the future of Europe. The Principle of Subsidiarity underwent several textual changes on the way to being anchored in the Treaties. Despite these changes the case law of the ECJ has remained for unclear reasons underdeveloped in comparison with other issues and areas of judicial review. The original emphasis placed on a judicial review of the fulfillment of substantial conditions and ex-post control of the principle has lately shifted to the ex-ante procedural one. Unfortunately, even this change did not bring the expected results....
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Application of the Lisbon Treaty provisions on involvement of national parliaments in the EU decision-making process 10 years later
Tetourová, Eva ; Král, Richard (referee)
Application of the Lisbon Treaty provisions on involvement of national parliaments in the EU decision-making process 10 years later Abstract Adoption of the Lisbon Treaty has brought about several essential institutional changes in the functioning of the European Union. For example, a further shift towards co-decision by the European Parliament on secondary law that became ordinary legislative procedure. Also, qualified majority voting in the Council has been extended and subjected to the new conditions. Last but not least, the EU competences have been divided as exclusive, shared and supporting. These and related further steps simultaneously gave rise to a more intense involvement of national parliaments, both in the sense of a scrutiny over a due exercise of conferred powers as well as a democratic safeguard of the new processes. The main goal of this thesis is to present a comprehensive picture of existing legal framework in this field, including a brief summary on crucial historical factors that have been shaping it until its current form. Hand in hand with that, it also offers evaluation of the most frequently used mechanisms throughout the 10 years of its application. Consequently, it leads to a reflection on how, and if at all, effectively exploit the potential of national parliaments in this regard,...
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Application of the Lisbon Treaty provisions on involvement of national parliaments in the EU decision-making process 10 years later
Tetourová, Eva ; Tomášek, Michal (advisor) ; Grmelová, Nicole (referee) ; Pítrová, Lenka (referee)
Application of the Lisbon Treaty provisions on involvement of national parliaments in the EU decision-making process 10 years later Abstract Adoption of the Lisbon Treaty has brought about several essential institutional changes in the functioning of the European Union. For example, a further shift towards co-decision by the European Parliament on secondary law that became ordinary legislative procedure. Also, qualified majority voting in the Council has been extended and subjected to the new conditions. Last but not least, the EU competences have been divided as exclusive, shared and supporting. These and related further steps simultaneously gave rise to a more intense involvement of national parliaments, both in the sense of a scrutiny over a due exercise of conferred powers as well as a democratic safeguard of the new processes. The main goal of this thesis is to present a comprehensive picture of existing legal framework in this field, including a brief summary on crucial historical factors that have been shaping it until its current form. Hand in hand with that, it also offers evaluation of the most frequently used mechanisms throughout the 10 years of its application. Consequently, it leads to a reflection on how, and if at all, effectively exploit the potential of national parliaments in this regard,...
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Irish Neutrality in the Context of European Integration
Knotková, Barbora ; Váška, Jan (advisor) ; Šlosarčík, Ivo (referee)
The thesis deals with the topic of Irish neutrality in the context of European integration and verifies the statement that Ireland participated in the processes of European integration in the 21st century only in a way that did not threaten its neutrality. The main part of the thesis focuses on three specific events, specifically the approval of the Lisbon Treaty, the Treaty of Nice and Permanent Structured Cooperation (PESCO). These are the three most crucial moments of the 21st century European integration, which involved the issue of Irish neutrality. The thesis uses these three cases to prove that Ireland's involvement in the European integration architecture was in line with Irish political neutrality and without posing any threat to it. Worries about neutrality in Ireland result from EU cooperation in the area of CFSP and concerns about the creation of a European army, searching in all the monitored ways. The Treaty of Nice was not approved in the first referendum and the public sought confirmation that the Treaty of Nice will not threat or affect Irish policy of neutrality from both Irish Government and other Member States. Only then did they accept the Treaty in the second referendum. A similar situation occurred in the case of Lisbon Treaty, which was not approved until the second...
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Constitutional consequences of the Lisbon treaty
Dekan, Jeroným ; Gronský, Ján (advisor) ; Reschová, Jana (referee) ; Svatoň, Jan (referee)
English abstract Constitutional consequences of the Lisbon treaty Work analyses constitutional implications of changes brought by the Lisbon treaty. In the first chapter, the beginning of the European integration is briefly described as well as the evolution of the European Union along with more detailed description of the negotiations and ratification of the Lisbon treaty. Second chapter contains information on constitutional characteristics of the European Union before the effect of the Lisbon treaty. Third chapter is aimed on the formal elements of the Lisbon treaty and contains thorough description of the global changes it has on the legal systems of the member states. Subject of the closing chapter is the effect the treaty have caused on the constitutional order of the Czech Republic. Foremost, integration provisions are analyzed, mainly with regards to the issues of state sovereignty, process of the ratification and approach of the Constitutional court of the Czech Republic to the preliminary assessment of the questions of mentioned sovereignty leading to the conclusion that even with the Lisbon treaty in effect, Czech Republic will remain sovereign country. Work is closed with short treatise on constitutional effects of respective changes enforced by the treaty approval on primary national legal...
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Změny Evropského parlamentu po Lisabonské smlouvě
Nesvadbová, Aneta
This thesis presents a comparison of changes that took place after the Treaty of Lisbon in the European Parliament. The first part focuses on the history of the European Parliament and the ratification of the Lisbon Treaty. The second part follows the first and compares concrete changes EP after Lisbon Treaty. This part also summarizes the most important changes in the EU after the Lisbon Treaty.
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Vývoj spoločnej zahraničnej a bezpečnostnej politiky Európskej únie po Lisabonskej zmluve
Harvánková, Veronika
Bachelor thesis deals with evolution of Common Foreign and Security Policy of European Union after Treaty of Lisbon. The aim of this thesis is to describe evoulution of CFSP before Treaty of Lisbon and consecutive changes, that given treaty brought. On the examples of outgoing external missions in the Balkans (EUFOR Althea and EULEX Kosovo) is realized analysis about how successful is European union with achieving aims of given missions.
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Společná zemědělská politika v postlisabonském období
Harašta, Martin
In the first part of the thesis we focus on the causes for establishing the Common Agricultural Policy (CAP) of the European Union, its development, goals and principles, and we analyze its reforms. The main part analyzes the changes in the CAP, which have been caused by the Treaty of Lisbon, but also the changes that occurred in this period till the present. The main objective of this study is to identify and analyze the changes that have occurred in the post-Lisbon period.
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The development of the EU Common Foreign and Security Policy and its manifestation in civilian missions
Valeš, Jan ; Antal, Jarolím (advisor) ; Hnát, Pavel (referee)
The present theses analyses external actions of the EU institutions tasked to implement the CSDP. The text attempts to establish to what extent the CSDP has been practically implemented in the period following the Treaty of Lisbon's coming into effect. To accomplish the task I have chosen to analyze two cases of the EU's involvement in African countries, namely in Libya and Niger. The development of the EU's external action was long and uneasy. The unification of EU's external actions and goals was putted forward by the Treaty of Lisbon. The CSDP is based on consensual negotiations between the governments of individual member states with often differing interests in the international realm. Towards the conclusion, the text demonstrates that the institutions created by the Lisbon Treaty fulfill their role in implementing the prescribed course of external action by the means of various instruments including issuing statements, convening international forums, and cooperating with regional partners. In conclusion, it can be said that in the attempts to assist in solving various issues in African countries and elsewhere the EU clearly demonstrates its intention to stabilize the socio-political situation in individual regions hence deliver on the aim of a peaceful and safe neighborhood.
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