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Recognition and Enforcement of Foreign Judgements in the European Union : (International Civil Procedure Law in the European Union - Selected Issues)
Čáslavská, Eliška ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This thesis deals with the topic " Recognition and enforcement of foreign judgements in the European Union (International civil procedure law in the European Union - selected issues). Aim of my thesis is to provide systematic overview of legal rules directly applicable on recognition and enforcement of foreign judgements. The text is divided into eight main chapters, introduction and conclusion. The introduction of the thesis describes purpose of the text that is to compare particular regulations governing these questions and also defines basic terminology important for this topic. Following chapters focus on relevant regulations and have uniform structure. Opening of each chapter explains elementary characteristics of applicable regulation, reception of this regulation and its main goal. Next subchapters contain demarcation of the material competence of regulation, after that follows procedure of recognition and enforcement of foreign judgements. The chapter ends with relations to other instruments. Chapter Two concentrates on the recognition and enforcement of foreign judgements pursuant to Brussels I Regulation (Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) which is the first legal instrument in this area and...
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Finanční ohodnocení krásy krajiny - metoda CVM
Cudlínová, Eva ; Lapka, Miloslav
Evaluation of landscape amenity is not very common and relatively difficult from the economic point of view. In our case study focused on comparing aesthetic preferences of Czech and Japan respondents regarding rural landscape. We used the contingent valuation method. We also wanted to reveal the respondent’s preferences in a financial form. These preferences served us as quantitative indicator for an attestation of the respondent’s qualitative preferences. It seemed that a strong correlation between the aesthetical and financial evaluation exist in two extreme cases – respondents were not interested, or they were strongly involved in landscape amenity. A substantial difference occured between the Czech and Japanese respondents in the case of case of open or closed access to the landscape.
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Reversed discrimination in the Community contexts
Macháčková, Gabriela ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
Reverse Discrimination in the Community Law Context Gabriela Machačkova The final thesis discusses the issue of reverse discrimination, which arises when nationals/products of a Member State are disadvantaged because they are subject to a national regulatory measure, while foreign (EU) nationals/products are protected from that national measure by virtue of European Community (EC) law. It examines the question of scope of EC Law, specifically focusing on the extent to which nationals of a Member State who have never exercised their Community rights can claim their rights by applying the Treaty establishing the European Community. It addresses the question of extension of the scope of EC law to cover purely internal situations in which no inter-State element is present, and to which the fundamental freedoms (free movement of goods, services, persons and capital) do not apply. First, it reviews the development of European Court of Justice case-law on reverse discrimination and situations which can be regarded as purely internal. The time frame discussed in the thesis ranges from the late 1970s until the present. Reverse discrimination and purely internal situations are analysed in terms of the examples of the Court's jurisprudence. Secondly, as Union Citizenship has been introduced by the Maastricht Treaty,...
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Czech and European Fisheries law
Šulcová, Lenka ; Stejskal, Vojtěch (advisor) ; Drobník, Jaroslav (referee)
115 CZECH AND EUROPEAN FISHERIES LAW SUMMARY Fishery cannot be comprenended as only in inland waters because marine fishery presents expressively overbearing part of this human activity. In this work the marine fishery is less substantial because in the Czech Republic as in mediterranean state is operated only inland fishery. Fishery means refinement, protection and fishing in fishpond management or by the performance of the fishing right. The fishery in the Czech Republic is classified into production fishery and farming on the fishing grounds. System of public law and private law is blended together in the sphere of fishery and that is why lots of legal regulations associate with fishery. We must not forget the directives and regulations of the European community. The fishing law in the Czech Republic is regulated on a large scale in the Fishery Act and in the public notice and everything is practically prescribed, including size limits, bag limits, periods of protection for individual species, number of rods, hooks, using of flies, shortly everything. In the Czech Republic, all the rivers belong to the state. If you like to manage on a fishing ground, you will have to win the selection procedure. You can obtain the authorisation for performance of fishing right which is valid for 10 years. But in...
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Development of the European monetary integration - involvement of the Czech republic
Veselý, Jiří ; Plchová, Božena (advisor) ; Müllerová, Františka (referee)
In the beginning, the thesis opens a theme of creation and shaping of the European monetary system and passes on the conditions for the adoption of further states. The next chapter deals with the expectation of the Euro implementation and some reasonings, what changes might occur. The middle part is devoted to the relationship of the European Monetary Union and the Czech republic. There is a timetable for the introduction of the euro and its principles outlined here too. Important is also the view of other states and their experience in entering the eurozone. The last chapter describes the theoretical spheres of the changes for entrepreneurs and businesses, and these are then applied to a specific company in the Czech economy.
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Transport of Dangerous Substances in the Czech Republic
VANDAS, David
The topic of the diploma written assignment is "Transport of Dangerous Substances in the Czech Republic" and it was chosen for elaboration of the wholesome view on the road, train, ship and plane transportation of the hazardous materials and mixtures. These transportations represent a possible risk of damage to life, health, property or environment for the society. Hazardous materials and mixtures nowadays are being transported in large measures and there is an assumption in the future that the volume of the transported hazardous materials and mixtures will increase. For elaboration of this written assignment three hypothesis were given: a) Legal regulations of the European Union and the Czech Republic solve the problematic of the transportation of hazardous materials and mixtures well enough. b) The public has enough information about the transportation of the hazardous chemical substances or mixtures. c) People that work in the field of the transportation of hazardous materials or mixtures are well informed about the transportation of hazardous chemical substances or mixtures. For determining whether the legal regulations solve the problematic of the transportation of hazardous materials and mixtures well enough the literary sources which deal with this issue, legal regulations of the Czech Republic and the European Union and other international agreements were used. After working through these sources it was found out that the international, the EU and Czech legal regulations or agreements solve this issue well enough and emphasis is given on convergence of legal regulations of all transportations. Implementation of international agreements and legal regulations of the European Union into the legal regulations of the Czech Republic happens in the present time very fast and without failures. For figuring out the awareness of the public and awareness of the people working in the field of the transportation of hazardous materials and mixtures for the diploma written assignment on the topic of "The Transportation of Hazardous Materials and Mixtures on the Territory of the Czech Republic" there was a quantitative research made. The quantitative research was made with the help of handed out questionnaires. The public was represented by the employees of the Regional Municipalities of the Czech Republic. Both of the groups were given the same questionnaires. The results of the questionnaire research were evaluated, expressed in percentage and statistically assessed. For the statistical assessment the double selection T-test was used to find out whether the difference between the assessed groups is statistically important. People working in the transportation of hazardous substances and mixtures have sufficient information which was confirmed by the questionnaire research. By the made statistical assessment it was found out that the difference between the groups is statistically significant and so the public does not have sufficient information related to the transportation of hazardous substances and mixtures. Due to the results of the questionnaire research and mainly that the hypothesis b) - The public has enough information about the transportation of hazardous chemical substances or mixtures was not confirmed. In the conclusion of the written assignment there are a couple of suggestions for improvement of the awareness of the public. For example as a part of education at primary and high schools and training schools where this education is already running as a part of The Protection of Human during Incidents. This education has been going on since 2003. And that is why the older people in the public are not well met with this issue and they should be introduced to it by for example a media campaign by means of short TV spots on public television channels or by means of spots that already the Independent BESIP Department of the Ministry of Transportation makes up. These spots are called Besipky.
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Copyright protection of software
Vajbarová, Radka ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Copyright protection of computer's programs Summary The mainly points of my thesis are to show and provide with the basic information about the legal protection of computer's programs. This is in my opinion the mainly topic. In my diploma paper I've focused on valid computer's programs legal protection based on the Czech Author Act No. 121/2000 Sb., right of authorship, related rights of authorship and the variation others rights (the right of authorship) and also supportive by criminal rights. This valid legal protection corresponds to Europe's and international law systems. The computer's programs are protected by the rights of authorship like literary work (if they fulfill the conditions mentioned in § 2 art. 1 or § 2 art. 2 rights of authorship). With respect to computer's programs the rights of authorship contain this law special § 65 and § 66 which explain the limitation of the rights. The other points of the thesis are about licence's agreements and about how to get legal computer's program. I also mentioned author's pretension following from the rights of authorship. Regarding to the discussion about protection the programs I mentioned often arguments pro and con rights of patents. Recently European Parliament closed the discussion about draft of the patent's bylaw, but I would say that this case...
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