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Investment Policy of the European Union - protection of foreign direct investment
Štamberk, David ; Šmejkal, Václav (referee)
Investment Policy of the European Union - protection of foreign direct investment Abstract One of the changes brought about by the Lisbon Treaty is the explicit inclusion of foreign direct investment and its protection in the common commercial policy of the European Union. This is one of the areas of exclusive competence of the EU. The European Union has subsequently stated negotiating bilateral agreements governing, inter alia, investment issues. However, it has not been spared from controversy and negative publicity that has been accompanying especially the TTIP and the CETA. This work aims to analyse the investment policy of the EU and mutual interaction of its institutions with the Member States and third parties. After general introduction to the topic of international investment law and EU law (chapters II. and III.), it is devoted to the issue of protection of foreign investment in the internal market. Its regime is then compared with the BIT regime (chapter IV.). Attention is then focussed towards the EU's external relations in the field of investment protection. Its competence is subjected to further analysis (chapter V.) and current results of efforts of the Commission and the EU as such are also discussed (chapter VI.). It is so in the light of possible impacts of foreign investment in terms of...
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Specifics regarding methods of interpretation of the EU law and process of EU directives transposition
Hosnedl, Daniel ; Wintr, Jan (referee)
Specifics regarding methods of interpretation of the EU law and process of EU directives transposition Abstract This thesis is dedicated to the problematics regarding specifics of the European Union law interpretation methods. While majority of publications dealing with law interpretation adopts the perspective of judges and courts, and thus deals with the interpretations they render, this study adopts the viewpoint of a Czech legislator, who is facing a challenging task of transposing directives into the Czech legal order. In order for the transposition to be conducted properly, a thorough interpretation of the respective directive must precede. There is six standard and non- standard methods of interpretation at the legislator's disposal, including linguistic, logical, systematic, historical, theological and comparative one. Do these methods, however, prove to be fully applicable in case of the interpretation of the EU directives? Possibly, what would be the EU law norms interpretation specifics? This study represents an analysis of the given topic from the perspective of a legal theory and is structured into three main sections. The first section provides a brief definition of the legal interpretation as such and presents an overview of both historical and contemporary approaches towards the...
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Specifics regarding methods of interpretation of the EU law and process of EU directives transposition
Hosnedl, Daniel ; Ondřejek, Pavel (advisor) ; Tryzna, Jan (referee)
Specifics regarding methods of interpretation of the EU law and process of EU directives transposition Abstract This thesis is dedicated to the problematics regarding specifics of the European Union law interpretation methods. While majority of publications dealing with law interpretation adopts the perspective of judges and courts, and thus deals with the interpretations they render, this study adopts the viewpoint of a Czech legislator, who is facing a challenging task of transposing directives into the Czech legal order. In order for the transposition to be conducted properly, a thorough interpretation of the respective directive must precede. There is six standard and non- standard methods of interpretation at the legislator's disposal, including linguistic, logical, systematic, historical, theological and comparative one. Do these methods, however, prove to be fully applicable in case of the interpretation of the EU directives? Possibly, what would be the EU law norms interpretation specifics? This study represents an analysis of the given topic from the perspective of a legal theory and is structured into three main sections. The first section provides a brief definition of the legal interpretation as such and presents an overview of both historical and contemporary approaches towards the...
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Exceptions for Cultural Heritage Institutions under the Copyright Directive in the Digital Single Market
Koščík, Michal ; Myška, Matěj (spoluautor prezentace)
On the 17th of April 2019, the EU Directive 2019/760 on copyright in the digital single market entered into force. The directive responds to the development of digital technology that enabled new uses of copyrighted works. The paper focuses on the exception for making copies of works by cultural heritage institutions (introduced it the Art. 6) and rules for using available out-of-commerce works (described in the Art. 8). The two legal concepts described above are selected for further analysis due to their relevance for the day-to-day operation of every library, archive or repository.
Fulltext: Koscik_fulltext -  PDF
Slides: Koscik_Myska_presentation_EN - PDF; Koscik_Myska_prezentace_CZ - PDF
Video: Myska_Koscik_video -  MP4
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Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany
Kment, Vojtěch ; Beran, Karel (advisor) ; Cvrček, František (referee) ; Polčák, Radim (referee)
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany Abstract (English) Objectives. This thesis provides a comparative analysis of electronic legal transactions under the EU law and laws of the Czech Republic and Germany, while emphasising the utilisation of higher versions of electronic signature, especially of a qualified electronic signature, which has legal effects of a handwritten signature in legal transactions performed by electronic means (Chapters 6 to 10). At the same time, increased attention is also paid to entirely novel concepts of advanced and qualified electronic seal, which are intended exclusively for use by juristic persons. The laws under scrutiny are based especially on recently adopted Regulation (EU) No 910/2014, known as eIDAS. To provide a general background, the comparative analysis is preceded by a theoretical part (Chapters 2 to 4, partially Chapter 5), dealing with the concept of legal transactions (also termed "legal acts" or "legal action") in general, while also focusing on the traditional handwritten signature and its functions, especially in view of the German and Czech legal doctrines and with occasional references to common law, as well as to requirements ensuing...
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Investment Policy of the European Union - protection of foreign direct investment
Štamberk, David ; Šmejkal, Václav (referee)
Investment Policy of the European Union - protection of foreign direct investment Abstract One of the changes brought about by the Lisbon Treaty is the explicit inclusion of foreign direct investment and its protection in the common commercial policy of the European Union. This is one of the areas of exclusive competence of the EU. The European Union has subsequently stated negotiating bilateral agreements governing, inter alia, investment issues. However, it has not been spared from controversy and negative publicity that has been accompanying especially the TTIP and the CETA. This work aims to analyse the investment policy of the EU and mutual interaction of its institutions with the Member States and third parties. After general introduction to the topic of international investment law and EU law (chapters II. and III.), it is devoted to the issue of protection of foreign investment in the internal market. Its regime is then compared with the BIT regime (chapter IV.). Attention is then focussed towards the EU's external relations in the field of investment protection. Its competence is subjected to further analysis (chapter V.) and current results of efforts of the Commission and the EU as such are also discussed (chapter VI.). It is so in the light of possible impacts of foreign investment in terms of...
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Market access approach in relation to the internal market
Machovičová, Tereza ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
The market access approach refers to a way of interpretation of the notion of restriction to free movement advanced by the Court of Justice of the European Union. The rationale behind the concept, as it emerged from the landmark judgment in Commission v. Italy (Trailers), is that any measure that hinders access to the market is prima facie considered as a restriction to free movement and is therefore held incompatible with EU law unless the Court finds it justified and proportionate. Applying the market access approach the Court seems to have departed from its previous case law as it does not require a measure to be discriminatory in any way. Instead, a measure is already found to constitute a restriction if it is liable to discourage economic operators from accessing the market of a Member State or making such access less attractive or more difficult. On one hand, this interpretation allows the Court to strengthen integration and contribute to establishing the internal market free from any obstacles. On the other hand, it considerably extends the scope of the notion of restriction to free movement and therefore the scope of EU law in general. Particularly, the market access approach allows the Court to strike down an immense amount of national measures and thus intrude into national regulatory...
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The impact of CJEU case law on the interpretation of the fundamental rights to privacy and data protection
Filipová, Paula ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
in English This thesis deals with the right to personal data protection as enshrined in Article 8 of the EU Charter of Fundamental Rights (the Charter) and its relationship with Article 7 Charter, the right to respect for private and family life. Since both of the rights have immediate relevance for EU data protection, their coexistence in the Charter necessitates an explanation as to their relationship, interaction and the merit of adding an independent right to personal data protection. However, such explanation is difficult to trace. International human rights instruments have traditionally safeguarded the protection of personal data by the right to privacy. The common constitutional traditions of the Member States differ significantly in the enactment of data protection and the EU legislation in force is likewise treating data protection as a privacy subset. The thesis firstly attempts to assess whether the right to personal data protection is capable of autonomous standing, detached from the privacy right and secondly, whether the CJEU allows the right to personal data protection to stand as an autonomous right in reality. To deal with the first research task, the paper analyses the doctrinal sources discussing the personal data-privacy concepts and seeks to identify the value of Article's 8...
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Investment Policy of the European Union - protection of foreign direct investment
Štamberk, David ; Tomášek, Michal (advisor) ; Balaš, Vladimír (referee) ; Křepelka, Filip (referee)
Investment Policy of the European Union - protection of foreign direct investment Abstract One of the changes brought about by the Lisbon Treaty is the explicit inclusion of foreign direct investment and its protection in the common commercial policy of the European Union. This is one of the areas of exclusive competence of the EU. The European Union has subsequently stated negotiating bilateral agreements governing, inter alia, investment issues. However, it has not been spared from controversy and negative publicity that has been accompanying especially the TTIP and the CETA. This work aims to analyse the investment policy of the EU and mutual interaction of its institutions with the Member States and third parties. After general introduction to the topic of international investment law and EU law (chapters II. and III.), it is devoted to the issue of protection of foreign investment in the internal market. Its regime is then compared with the BIT regime (chapter IV.). Attention is then focussed towards the EU's external relations in the field of investment protection. Its competence is subjected to further analysis (chapter V.) and current results of efforts of the Commission and the EU as such are also discussed (chapter VI.). It is so in the light of possible impacts of foreign investment in terms of...
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Reform of the Prospectus Regime
Illmann, Erik ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
in English This diploma thesis explores the ongoing reform of the prospectus regime in the European Union. On 30 November 2015, the European Commission presented a proposal for a new regulation, which is to replace the current so-called Prospectus Directive. The primary aim of this thesis is determine the shortcomings of the current prospectus regime and to critically analyze the proposal in order to determine, whether it addresses these shortcomings and whether it improves the prospectus regime in general. The thesis consists of three main parts: the first introduces the prospectus, its characteristics and current regulation in the EU; the second explores and analyses the proposal itself and makes conclusions on the proposed changes; the third and final part explores the topic of prospectus liability and conflict-of-law rules. Based on the conducted research I arrive at the conclusion that the biggest issues of the current prospectus regime are the high costs connect to the preparation of a prospectus, inflexible disclosure requirements for certain types of issuers, ineffective retail investor protection and diverging implementation of the Prospectus Directive across EU member states. While the European Commission's proposal addresses most of these shortcomings and certainly represents an...
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