|
Selected questions of the European civil procedural law
Vrábel, Peter ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
RESUMÉ The topic of this work is "Selected questions of the European civil procedural law." The European judicial area is regarded as the most progressive area of private law in the European Union. Since the entry into force of the Treaty of Amsterdam unification of regulation in this area has undergone remarkable development. The Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (regulation Brussels I) is the center of this work. The regulation Brussels I is the successor of the Convention on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (Brussels Convention). Brussels Convention was the first general multilateral instrument on the recognition of judgements which directly regulated the jurisdiction of the Contracting states. The first part of this work concerns the object of the european civil procedural law, the origin of the Brussels Convention and the role of the Court of Justice of the European Communities. In the whole work is emphasis the importance of relevant decisions of the Court of Justice of the European Communities, particularly in the part about juridiction. After the general description of the regulation Brussels I, the second part of the work deals with the...
|
|
Copyright protection in online media
Trinh, Thuy Duong ; Boháček, Martin (advisor) ; Zemanová, Kristýna (referee)
This diploma thesis deals with protection of copyright within online media, with a focus on personal blogs. The author presents definition of basic terms of copyright, especially definition of usage of the work and description of way of use, and deals with the issue of liability for copyright infringement and identification of persons who carry the responsibility. This thesis is also dedicated to copyrights itself and its instruments of enforcement. Increased focus is put on available jurisdiction, especially jusrisdiction of The Court of Justice of the European Union. Finally, the author conducted a survey among the authors who publish their works online to determine their experience with the violation of their rights.
|
|
The recognition and enforcement of judicial decisions within the European Union
Koláčná, Michaela ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
and keywords The recognition and enforcement of foreign judgments are basic requirements for development of international trade and other international cooperation. The purpose of my thesis called "The recognition and enforcement of judicial decisions within the European Union" is to compare two laws of EU Private International Law, which deal with this question - the Brussels I Regulation and the European Enforcement Order Regulation, as well as evaluate application of these Regulations by the Court of Justice of the European Union (European Court of Justice) and by national courts of two of member states of European Union - the Czech Republic and the Kingdom of Spain. The basic instruments for this research are description, analysis and comparison. The thesis is composed of six chapters, each of them dealing with different aspects of recognition and enforcement of judicial decisions. Introductory chapter defines basic scope of this thesis. Chapter Two explicates basic theoretical issues and context of the recognition and enforcement in Czech Republic - Czech legislation, international Treaties and European legislation. Chapter Three is focused on recognition and enforcement of foreign judgments according to the Brussels I Regulation, which is a basic European law for the issues of recognition and...
|
|
Main Consequences of Violation of EU Law by Member States
Neubauer, Jindřich ; Král, Richard (advisor) ; Smolek, Martin (referee) ; Scheu, Harald Christian (referee)
Ph.D. Thesis Abstract Title: Main Consequences of Violation of EU Law by Member States Author: Jindřich Neubauer Supervisor: doc. JUDr. Richard Král LL. M. This Ph.D. Thesis deals with the main consequences of violations of EU law by Member states of European Union. It focuses mainly on the two most important instruments foreseen by EU law for ensuring proper application of EU norms. The first is the principle of state responsibility for breach of EU law. The second is infringement procedure based on articles 258 - 260 of the Treaty on the functioning of the European Union (hereinafter "TFEU"). The aim of this Thesis is to describe and analyze two relatively independent but linked tools which ensure fulfillment of obligations arising from EU law. The importance of such analysis is clear from the high number of infringement proceedings initiated every year against the Czech Republic and current discussions about how to transpose the principle of member-state liability for breach of EU law into the national legal order. The understanding of such tools is necessary for the successful professional defence of member states' interests before the Court of justice of the European Union (hereinafter "CJEU"). It is also necessary to reflect on and examine major changes in European law which have occurred through...
|
|
Comparison of Post-conflict Reconstruction in Rwanda and Cambodia
Dvořáková, Klára ; Havlová, Radka (advisor) ; Kochan, Jan (referee)
This bachelor thesis is dedicated to comparison of post-conflict reconstruction in two countries that went through a genocide, Rwanda and Cambodia. The goal of the thesis is to evaluate if the reconstruction was successful or not concerning the present situation in these countries. The purpose is also to decide whether it was performed correctly and whether it managed to prevent appearance of other conflicts and violations. The subject of post-conflict reconstruction is very extensive. Hence, my thesis is concerned mostly with achieving justice and reconciliation among people. So called Gacaca courts were the main instrument for stabilization of the society after the conflict. Therefore the thesis is very concerned with them. Parallel of Gacaca courts in Rwanda was ECCC tribunal in Cambodia. The last part of the thesis contains comparison of both conflicts and evaluation of reconstructions.
|
|
The issue of juvenile criminal justice
Pošíková, Lenka ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
of the master thesis The issue of criminal juvenile justice The thesis deals with problems of criminal justice over juveniles. The purpose of the study is to bring an objective view of actual legal regulation in The Juvenile Justice Act No. 218/2003 and to identify problematic aspects of the juvenile justice system. Legal regulation is based upon the principle not to punish juvenile delinquents in repressive way, but to eliminate negative influences. The reason for my research is to discover the main causes of children's criminality and to outline their possible solutions. I focus on two big areas in the study - problems of the juvenile criminal liability and the system of legal instruments as a reaction of society to delinquency. The thesis is divided into six chapters; each chapter is further divided into several more subchapters according to a logical succession of addressed problems. In the first chapter I define basic terms, which are important to understand these issues. These definitions come out of the Juvenile Justice Act. Chapter two describes historical development of the juvenile legislation from 1931 to present time. The chapter consists of four parts. The main attention is given to actual legal regulation in The Juvenile Justice Act No. 218/2003. I try to show the defects of previous...
|
|
Political trials in Czechoslovakia during normalisation period 1969 - 1989
Petránková, Lucie ; Kindl, Vladimír (referee) ; Kuklík, Jan (advisor)
Resume The subject matter of my graduate work is political processes in the ČSSR as a standardization. Now after twenty years we can evaluate the totalitarian regime as twenty years is ample enough time for this. I will describe the persecution of political nature. In my work I focus on the criminal law, penalties of crimes, justice, the influence of laws on the judiciary, prosecution, and the advocacy. I will try to outline the scheme and its design. I want to describe the development of the totalitarian regime in the former Czechoslovakian republic. I will concentrate only on the period of normalization, as this period is not adequately described in literature. As a reference and source I used archival materials, legal writings and articles from books. The normalization was the period covering the last twenty years. It all began in 1968 (there was a military invasion into Czechoslovakia) which ended in 1989. At this time, the totalitarian regime developed their own system of law, this was called "socialist legality." I will use the laws from "socialist legality". These historical laws must be considered carefully and must be considered in a historical context, this is because it was the difference between written law and applied law. The law was interpreted for the interest of the Communist Party and...
|
|
Environmental Impact Assessment
Molčíková, Zuzana ; Snopková, Tereza (advisor) ; Sobotka, Michal (referee)
69 Resumé Environmental Impact Assessment The aim of this thesis is to analyze Environmental Impact Assessment (EIA) as the significant legal instrument which tries to find a balance between a human progress and a protection of the environment. The special interest is devoted to the theme of the public participation in the different stages of the environmental assessment process. The text is composed of five chapters, each of them is dealing with different aspects of EIA. The introductory part characterises the procedure and describes the object, the purpose and basic principles of EIA. The second chapter is a brief analysis of the formation of the procedure in the United States of America in 1969. The main body of this head is focused on the most important international conventions on the field of Environmental Impact Assessment, namely The Convention on Environmental Impact Assessment in a Transboundary Context (Espoo convention) and the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus convention). The following part of the thesis contains EU environmental legal sources of Environmental Impact Assessment. There are interpreted couple of directives as are Directive No. 85/337/EEC as amended by Directive No. 97/11/EC,...
|
|
Aggressive commercial practicies
Tomanová, Magdaléna ; Boháček, Martin (advisor) ; Wimrová, Hana (referee)
Diploma thesis evaluates the effectiveness of legal instruments to prevent the use of aggressive commercial practices. Thesis is divided into two main chapters, the first is the protection against aggressive commercial practices in business to consumer market and the second part is dedicated to the protection against aggressive practices in the business to business market. Each section compares the European protection of aggressive commercial practices (and also through European legislation implemented in Czech law) with the protection of those practices in U.S. law. The first part of thesis deals with the protection of consumers against aggressive commercial practices. In European law it mainly regulated by Directive on unfair commercial practices. The Directive is implemented in Czech Republic in mainly in Consumer Protection Code and in the Advertising Code. Private protection against aggressive commercial practices is embodied in provision of unfair competition of the Commercial Code. Protection of personality, privacy and personal data is another form of protection against aggressive practices. In U.S. law, public consumer protection is represented by Federal Trade Commission. In private law, consumers seek redress in court through actions for torts. In relations between competitors is the protection against aggressive commercial practices regulated by unfair competition and by antirust law. Antitrust law in European Union is represented by 81 and 82 of the EC Treaty. Unfair Competition Law in the U.S. in the B2B market is the part of business torts. Antitrust law is represented by Federal Trade Commission and the Ministry of Justice. The last part of Diploma Thesis is concerned with aggressive commercial practices that very often are accompanying the offers in time-sharing field and with children aggressive commercials, as a example of aggressive commercial practices in practice.
|
|
Consumer protection in the European Union
Vyleťalová, Tereza ; Němcová, Ingeborg (advisor) ; Hnát, Pavel (referee)
This thesis is focused on consumer protection in the European Union with a special emphasis on online shopping. The first section defines the term 'consumer protection', its development, institutional support, instruments and financing. Also, this part describes the digital market of the European Union, hindrances to the growth of online shopping as well as strategies which are created in order to form a digital single market in the European Union. The second section focuses on protection of personal data, alternative dispute resolutions, current legislation regarding consumers rights on internet and new proposals from the European Commission. The new proposals dominate the second part of this thesis and are discussed with an expert. A survey has been conducted to find out more about the Czech experience with problem solving when shopping online. Moreover, this thesis does not leave out court orders from the European Union´s Court of Justice which have led to the uniform application and interpretation of the consumer protection in the European Union.
|
guest ::
