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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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The Concept of Worker in the European Law
Kunertová, Tereza ; Tomášek, Michal (advisor) ; Smolek, Martin (referee) ; Štefko, Martin (referee)
The author in its Dissertation thesis deals with the concept of worker under the free movement rights in EU law. Following the introduction, the thesis itself focuses on the positive and negative delimitation of the concept. One of the core chapters of the "positive part" tries to find an answer on the research question whether any "Keck-like" principle exists as a criterion for defining obstacles to the free movement of workers. The aim of the chapter is to find an answer what shall be subsumed under the obstacles to free movement of workers and what are Member States left with to regulate freely on their territories. In regard with the negative delimitation of the concept, the author deals with the diversion between workers and non-economically active citizens of the EU. The core chapter deals with the growing tendency of Union citizens to move to the host Member States to study while retaining the status of a worker.
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The transfer of rights and obligations arising from employment relationship
Kůsová, Šárka ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
The thesis focuses on regulation of transfer of undertakings in the European Union and Czech law as defined by the Directive 2001/23/EC, the so called Acquired Rights Directive. Transfer of undertaking is a term used in labour law to describe a situation of change of employer as a result of legal transfer or merger. The aim of this thesis is to analyse the EU and Czech legal regulation of transfer of undertaking, especially with respect to the case law, its employment consequences, to mutually compare both regulations and finally to examine whether the Czech implementation complies with the Directive. The thesis is composed of four chapters. The first chapter is introductory and analyses the basic terminology of Czech labour law regarding employment relationship, its components and alterations, in particular the alteration of parties to employment relationship. The second chapter deals with the EU regulation of transfer of undertakings under the Acquired Rights Directive and abundant case law of the Court of Justice of the European Union. It starts with brief description of history of respective legal regulation and then describes the temporal, personal and territorial scope of the Directive. However, the scope that is the most complicated to define is the material scope, i.e. the range of cases to...
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Transfer of the Employment Obligations under Legal Transfer and Merger
Smělík, Václav ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
The thesis focuses on the issue of transfer of undertaking as recognized by the Acquired Rights Directive 2001/23/EC under the EU and Czech law. The first chapter "general introduction" offers an overview of the basic relationships that arise in the course of employment, and the basics of European law. The second chapter considers the rules of the transfer of undertaking under the Acquired Rights Directive and in light of ECJ case law. It defines the terms legal transfer and merger, economic entity which retains its identity, employee, transferor and transferee. Further, it considers the transferred rights of employees and the corresponding duties of employers, encompassing the right for information and consultation, protection against dismissal on the grounds of the transfer and the right for the same work conditions after the transfer. It covers a special case of transfer of undertaking in the case of transferor's insolvency. The third chapter deals with the regulation of transfer of undertaking under Czech law. Firstly, the chapter introduces the development of the provisions covering the transfer in the Labour Code. It focuses on the contemporary provisions of the Labour Code. It describes the grounds for the transfer covered by the Labour Code and particular statutes such as the Civil Code,...
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Electrolytes characterization based on mixtures of ionic liquids and aprotic solvents
Šašek, Martin ; Libich, Jiří (referee) ; Máca, Josef (advisor)
The thesis deals with liquid aprotic electrolytes based on mixtures of ionic liquid and solvent. EmimBF4, namely 1-ethyl-3-ethylimidazolium tetrafluoroborate, was used as the starting ionic liquid. A mixture of propylene carbonate, ethylene carbonate and dimethyl carbonate was used as solvents. Electrolytes were enriched with two electrolyte salts LiBF4 and NaBF4 from the resulting mixtures selected the most suitable electrolytes for Li-ion and Na-ion accumulators. Electrolytes were selected taking into account the required properties: the width of the potential window, the measured electrical conductivity and, last but not least, the safety.
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Information on the environment
Švecová, Klára ; Franková, Martina (advisor) ; Humlíčková, Petra (referee)
Although these days, we can perceive the right for environmental information as something automated and quite natural in a democratic society, we must realize that it was far from it in the past. Hand in hand with the principle of secretiveness of state administration, the public had virtually no possibility to obtain information concerning not only the state of the environment but also general information concerning almost anything. It is not surprising after all because before 1989, neither the general right for information nor the right for environmental information were protected by law, less alone by the constitution. Nevertheless, the democratic changes which took place after the Velvet Revolution produced changes also in the field of the right for information and this right was, both generally - as a right for information, and specifically - as a right for environmental information, included in the legal regulation of the greatest legal force, the Charter of Fundamental Rights and Freedoms, which became a part of the constitutional order of the Czech Republic on the basis of the resolution of the Czech National Council presidium No. 2/1993 Coll. On the basis of its constitutional protection, the right for environmental information was provided for also by law (Act No. 123/1998 Coll.) and...
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The role of agriculture in the process of Spain's entry into the EC
Sýkora, Filip ; Perottino, Michel (advisor) ; Tomalová, Eliška (referee)
Spain sent its application for EC membership in 1977, but was admitted only in 1986 after complicated entry negotiations. One of the most disputed topics concerning the Spain's application to the EC was agriculture. This bachelor thesis examines the importance of agricultural sector in the process of integration of Spain in the EC, namely expectations of membership in EC for agricultural sector, the attitude of older EC member countries during negotiations and eventually the changes in Spain's agricultural sector after the entry into the EC. The thesis strives to verify the assumption that a good deal of motivation for the EC membership came from expectations that the entry into the EU would bring intense capital investment and would open new markets for Spanish agricultural produce, meanwhile southern EC's feared high competition of the Spanish agriculture and their consent with further enlargement was contingent on either concessions by Spain in other fields or structural changes in EC's policies. A part of the hypothesis is also the assumption that even though Spain was faced with long transition periods, Spanish agriculture mostly benefitted from the entry into the EC and experienced further modernization. Keywords Agriculture, Common Agricultural Policy, regional policy, EC, EEC, EU, Spain
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Basic Qualifying Requirements in Public Tenders
Kročilová, Zuzana ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Basic Qualifying Requirements in Public Tenders The purpose of this thesis is to analyse the Basic Qualifying Requirements in the public tenders, as enacted in the Section 53 of the Act no. 137/2006 Coll., on Public Procurement, as amended. The initial reasons for my research are constantly changing legal rules in this branch of law that often do not reflect the European enactment in the Directive 2004/18/EC. The thesis is composed of an Introduction, 3 separate Chapters and a Conclusion. The Introduction outlines the aim of the thesis, its structure and arrangement of the Chapters are shown in this part as well. The Introduction is than followed by the first Chapter called Qualification, in which the topic of criteria for qualitative selection is discussed in the context of the general provisions concerning qualification in the public tenders. This Chapter is subdivided into two parts separately dealing with the requirements of the bodies governed by public law and entities operating in the water, energy, transport and postal services sectors. The second Chapter examines the European enactment of the Public Procurement in the Directive 2004/18/EC, as well as in the Directive 2004/17/EC concerning the entities operating in the above mentioned special sectors. The core of this part lies in a complex...
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