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Procedural aspects of mediation in EC law
Rivera, Eva ; Tomášek, Michal (advisor) ; Pauknerová, Monika (referee) ; Zavadilová, Marta (referee)
Procedural aspects of mediation in EC law Eva Rivera, 2011 1 Abstract The objective of this dissertation is the determination of the significance of procedural aspects of mediation and the answer to the question to what extent it has been considered within European Union law. The research is based on the assumption that the acknowledgment of a procedural relevance of mediation is crucial for its overall effectiveness. Mediation is besides its feature as a communication technique becoming ever more important as a dispute resolution procedure for civil and commercial conflicts in Europe. In this context the role of mediation within and in relation to other procedures for the resolution of disputes has to be considered. While on one hand the terminology and the differences between mediation and other forms of Alternative Dispute Resolution (ADR) as well as certain judicial attempts of settling disputes may not always be easily determined, on the other hand, it can be stated that the ADR form of mediation is beyond its early stages and clearly shows its own procedural relevance. The comparison of European national jurisdictions in the field of mediation leads to a core definition of mediation as a voluntary process where a third person without the authority to pass a binding decision over the dispute between...
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Podnikatelský plán Golf Chau Au cestovní agentura, s.r.o.
Nguyenová, Petra ; Křížek, Miroslav (advisor) ; Kešner, Martin (referee)
The main object of this thesis was foundation of a travel agency dealing with the golf tourism for wealthy Vietnamese citizens to Europe, organizing tournaments and providing additional services exclusively for the target clientele. In the theoretical part I looked at the introduction of golf as a global sport that is gaining a raising popularity each year, insight into Vietnam especially from the view of its special relationship with the Czech Republic and the definition of an entrepreneurship and a business plan. The practical part then includes the actual business plan with all the necessities and provides information on what, how, to whom and for how much the company wants to offer. The goal of this thesis was to create the right tool for establishing the company and to make a decision of meaning of this project on its basis.
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The principle of primacy of EU law in the theory and practice of the courts of the European Union Member States
Ondřejková, Jana ; Gerloch, Aleš (advisor) ; Kühn, Zdeněk (referee) ; Masopust, Zdeněk (referee)
The submitted dissertation thesis analyses the principle of primacy of EU law from the basic point of view of legal theory. It points out different approaches to the primacy principle and examines the arguments on which these approaches are based. The fist part of the thesis deals with the examination of the primacy principle related to its legal basis, using the sources most frequently listed in the literature: the founding treaties, the case law of the Court of Justice, legal theory (Kelsen's basic norm, Hart's rule of recognition and the legal sociology approaches), and international and national law. I have focused on the historical documents (Treaty Establishing the European Coal and Steel Community, Treaty Establishing the European Economic Community), the concepts based on them (doctrine of the conferred powers and the principle of subsidiarity), and the non-ratified Treaty Establishing a Constitution for Europe and legally non-binding Declaration No. 17 attached to the Lisbon Treaty. I have applied a critical approach to the argumentation of the Court of Justice in the decisions establishing the principle of primacy: Van Gend en Loos, Costa, Internationale Handelsgesellschaft, Simmenthal. Taking into account the existing objections against the arguments used by the Court of Justice, I have...
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Administrative infraction proceedings: selected issues of the first instance proceedings
Richtr, Aleš ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Resume This thesis deals with the first degree offence proceedings. Taking into consideration a large extent of the topic, the thesis is focused just on few of the most important institutes. Besides a short definition of the basic terms and their contents, the thesis aims its attention to sources in which an adjustment of offence proceedings on international as well as national level is included. Especially European Convention on Human Rights and activity of European Court on Human Rights (ECHR) that is connected to the Convention are important elements in the system. On the basis of ECHR's autonomous interpretation of the term "criminal charge", many fundamental rights formerly designated only for criminal proceedings have been applied within the field of administrative sentencing as well. This dissertation follows up in detail some decisions of the court, its argumentation and considerations that lead to its final conclusion. A signifiant role in this field plays Recommendation of the Committee of Ministers of Council of Europe no. R (91)1 on Administrative Sanctions in which ten basic principles are defined. These principles protect basic rights of a defendant and should be guaranteed during offence proceedings by the state. Then, main sources of the treatment of this area on the internal level are...
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Private enforcement of competition law
Bocková, Claudia ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The purpose of my thesis is to analyse the state of private enforcement of competition law in the European Union and the Czech Republic by taking into consideration the proposals set forth in the Green and White Paper on damages actions for breach of EC antitrust rules issued by the European Commission which were inspired by the U.S. system of private enforcement of antitrust law. Further on, the possible impact of the implementation of such proposals into Czech law will be assessed and experience of Member states will be considered. The dynamic development of this area of law and the never ending political and legal debate on the possibilities of private enforcement in Europe was the reason for why I have chosen to write my thesis on this topic. The thesis is composed of eight chapters, each of them dealing with different aspects of private enforcement of competition law. Chapter One is introductory and is divided into three parts. Part one tackles the difference between public and private enforcement. Part two deals with the evolution of the concept of damages claims and introduces the most relevant decisions of the Court of Justice of the European Union. The third part identifies the problems occurring with damages claims. Chapter Two examines the question of applicable law. Chapter Three...
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High Representative of the Union for Foreign Affairs and Security Policy after the Lisbon Treaty: a single voice of Europe as a global player?
Matoušek, Ondřej ; Weiss, Tomáš (advisor) ; Šlosarčík, Ivo (referee)
This bachelor thesis aims to examine the impact of the Lisbon Treaty on the European Union foreign policy in terms of the EU's institutional architecture. It explores how the Lisbon reform responds to the previous weaknesses of the EU foreign policy mechanisms and what is its potential for the future of this special dimension of the European integration. The paper studies the impact of the Lisbon Treaty on three main areas - coherence, effectiveness and visibility of the EU foreign policy. It concludes that the innovations introduced by the reform treaty, led by the enhanced function of the High Representative, are correctly aiming at the previous causes of incoherence. At the same time, however, they produce a risk of new inter- institutional conflicts. Effectiveness remains a problematic issue. The external action is limited by the rigid decision-making process. Although the High Representative is not a single voice of the Union on the international scene, the Lisbon Treaty significantly improves the representation of the EU. However, this may be counter-productive in case of incoherent and inefficient foreign policy formulation process. Since many provisions of the treaty related to foreign policy are vague, the question remains whether the Member States will decide to take advantage of its...
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Honor Killing as a Punishment in Eastern Cultures, and Examples among Refugees in Europe
Khairulina, Alina ; Dočkal, Jan (advisor) ; Pazlarová, Hana (referee)
This graduate work include problems connected with honor crime. The aim of this work is to describe this issue. Here I want to touch upon the reasons of honor crime, I want to show countries, where this problem is common and where it happens often. I would like to show this problem in Europe as well. Also I want to find some decisions how to protect women who have to deal with this issue. I wrote this work according to professional materials, I spoke to a professional who work in this field. Powered by TCPDF (www.tcpdf.org)
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Antitrust policy and its impact on market participants
Havlíčková, Pavlína ; Hudík, Marek (advisor) ; Čermáková, Klára (referee)
The objective of antitrust policy is to looking after/supervise on fair economic competition leading to price reductions, improving quality and expanding service offerings in the market. But antitrust performs its activities efficiently? Are its decisions under the protection of consumers or for the benefit of producers? Work will focus on the antitrust policy in the United States of America and in the Europe, especially on the merger case General Electric and Honeywell, which has been in the USA allowed, but in the EU prohibited. This work evaluates approaches to the merger on the both sides of Atlantic and arguments of the European Commission, that leads to prohibition. Finally, the work compares the US and the EU antitrust policy and mentions their USEU Merger Working Group, which should ensure higher cooperation, when they simultaneously review the same merger transaction.
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Freedom of Religion or Belief in the Context of European and International Law
Bartoň, Daniel ; Scheu, Harald Christian (advisor) ; Bílková, Veronika (referee) ; Machalová, Tatiana (referee)
Freedom of Religion or Belief in the Context of European and International Law This PhD dissertation focuses on selected aspects of freedom of religion or belief in Europe. It aims to introduce the legal framework in which religious freedom has to operate, and to place this essential freedom into a broader cultural, religious and human rights context. The contextualisation emphasised throughout this dissertation is based on an assumption that it is not possible to establish a pure legal notion of religious freedom that would not bear any imprint of the societal, legal, cultural and religious context of its authors; in reality, each person's understanding of religious freedom is rooted in his culture, religion and experience. This should not lead, however, to a complete rejection of the possibility of a common understanding and universal protection of religious freedom. On the contrary, it should motivate each interpreter and law-maker in the area of religious freedom to study the understandings of all persons and entities involved in a particular case or situation. Having thoroughly studied all presented claims rooted in religious freedom and having taken into consideration all other rights, principles and interests involved, it should be possible for the decision-makers to resolve the case in a...
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CLIL in theory and practice
Gablasová, Dana ; Malá, Markéta (referee) ; Mothejzíková, Jarmila (advisor)
With the natural globalisation processes underway, various forms of bilingual (or multilingual) education have enjoyed growing attention. In Europe, with the strengthening political and cultural integration, the innovations in language education are in focus of not only language professionals but also of political decision-makers. The practical need to enhance the 'plurilingualism' of the EU citizens, an intention formulated in the White Paper on Education and Training from 1995, can be seen as a clear impetus for the increased interest in the foreign language curriculum. The Paper proposed that, gradually, each European citizen should be able to use also two community languages other than his/her mother tongue (known as the "MT+2" plan) (White Paper on Education and Training, 1995). This aspiration also reflects the shift in understanding of knowledge of more than one language as a privilege of the elites (be it economical, intellectual or other elites) to be received at special schools or via special programmes. Instead, this education should extend to include ordinary citizens. However, it could be argued "that contemporary languages education has often failed to provide platforms for learning which suit a broad range of people, young and older" (Marsh, 2003: 3). As a result, the traditional approach to...
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