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The Court of Justice of the European Union: the engine of integration?
Veselý, Petr ; Plechanovová, Běla (advisor) ; Parízek, Michal (referee)
This thesis deals with the topic of influence of the Court of Justice of the European Union on the process of European integration. For this purpose, the thesis asks the following question: "How has the Court of Justice of the European Union in selected cases contributed to the strengthening of European integration?" After an overview of the methodological basis, the thesis thoroughly examines the main theoretical approaches and authors that focused on the topic of Court of Justice and its influence on European integration: neofunctionalism, intergovernmentalism, neorationalism, supranationalism and legalistic approach. In the third part, five landmark cases of the ECJ have been chosen for detailed analysis: Van Gend en Loos, Costa vs. E.N.E.L., Internationale Handelsgesellschaft, Les Verts and Francovich. The thesis not only maps the political situation surrounding their announcement, but also the aftermath, consequences and reactions of member states to the judgements. In its last part, the thesis attempts to connect the theoretical approaches with the findings of the aforementioned analysis of landmark decisions. The thesis concludes that the Court of Justice in fact did contribute to the strengthening of European integration, namely by establishing the principles of direct effect, superiority...
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Relationship of the European Union legal order to the World Trade Organization law
Tměj, Jakub ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
Both, the European Union legal order and the World Trade Organization law represent important examples of the supranational legal system. This thesis focuses on their mutual relationship, in concrete through the perspective of the EU law. It aims to analyse how the European law approaches the WTO rules and which effects are granted to them. Introductory chapter provides the reader with a wider perspective of the examined topic dealing with relationship of the European law and the public international law in general. It presents the historical development as well as the current status of the relationship. Attention is brought to relevant provisions of the EU law and related case law of the Court of Justice of the European Union. It also outlines a theoretical background of the issue. Chapter Two focuses in a more specific way on the position of WTO norms in the EU legal order. Firstly, it briefly defines the WTO law while reflecting the specifics in regard of the EU. Afterwards, it is examined, which effects are granted to the WTO rules in the European law, particularly through the reasoning of the CJEU. The last chapter puts the results of the analysis into a wider context and sketches the background of the topic at hand. That provides inputs for a final evaluation of the current status and an...
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The accession of the European Union to the European Convention on Human Rights
Del Maschio, Kristýna ; Hofmannová, Mahulena (advisor) ; Balaš, Vladimír (referee)
The aim of this thesis is to describe the fundamental issues related to the future accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms and to provide an overall understanding of the issue. To fulfil this objective, the first part of the thesis deals with the current situation in the european human rights protection system. It introduces the protection system of the Council of Europe as well as the system of protection provided by the European Union. This part aims to describe relationships between them and also gives the overview of the development of the question of accession and of the main features defining the autonomy of the European Union law. The second part then turns the attention to the legal instruments which make it possible European Union to accede. This part provides an analysis of the Accession agreement on the accession of the European Union to the Convention for Protection of Human Rights and Fundamental Freedoms which contains legal, institutional and technical solutions of the European Union's incorporation into the Convention system. This analysis serves as a basis for the next part of the thesis, which focuses on the recent Opinion of the Court of Justice of the European Union 2/13. In this opinion Court found...
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Improper transposition of an EU directive with examples from the Czech Republic
Juha, Jan ; Král, Richard (advisor) ; Šmejkal, Václav (referee)
Improper transposition of an EU Directive is a phenomenon that occurs in quite an appreciable amount and in the performance of duty of individual Member States this represents a relatively common, although undesirable situation. The submitted diploma thesis deals with this issue within the Czech Republic in the light of individual proceedings for the failure to fulfill an obligation resulting from EU Treaties, which were concucted against the Czech Republic. This thesis is divided into six chapters, based on the theoretical foundations that are subsequently applied in practical examples. The first chapter presents the theoretical center of gravity for embedding the concept of primary and secondary law with emphasis on the EU Directive, while the this EU legislation is analyzed both in general terms and in terms of its structure. The following second chapter then gives an explanation to the issue of proper and improper transposition of an EU Directive and individual consequences that are associated with improper transposition of an EU Directive. The practical part starts from the third chapter, which contains analytical summarization of the all proceedings against the Czech Republic, which were conducted because of improper transposition of an EU Directive and ended with a judgement, while the fourth chapter...
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Environmental impact assessment of projects in the case law of the Court of Justice of the European Union
Glatzová, Monika ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
Environmental impact assessment of projects in the case law of the Court of Justice of the European Union Environmental impact assessment (EIA) is a horizontal tool of protection of the environment, based on principles of precaution and prevention and aimed at assessment of plans and programs, or projects. This thesis deals with assessment of projects only. At EU level, the legal basis for EIA of projects is provided for by the EIA Directive (Directive 2011/92/EU) which is expected to be amended in the near future. The thesis provides for an analysis of the EIA case law of the Court of Justice of the EU (CJEU), identifies the main problems encountered by the Member States when implementing the EIA Directive, identifies the key principles established by the CJEU for interpretation of the EIA directive, and in the light of the above it identifies the main issues in the transposition in the Czech law. 1
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Judge-made Law. Comparison between the Court of Justice of the European Union and the Supreme Court of the United States
Dumbrovský, Tomáš ; Tichý, Luboš (advisor) ; Holländer, Pavol (referee) ; Zemánek, Jiří (referee)
JUDGE-MADE LAW COMPARISON BETWEEN THE COURT OF JUSTICE OF THE EUROPEAN UNION AND THE SUPREME COURT OF THE UNITED STATES Keywords: judge-made law; the European Union; the Court of Justice of the European Union; the Supreme Court of the United States; judicialization of governance; Kelsenian court; European constitutional space; European constitution; normativity; constitutional pluralism; sovereignty; federalism; post-communist states; new Member States of the European Union. Standard page (that is 1800 characters per page) and word count (including footnotes; without the contents, bibliography and annexes): 327 standard pages; 82 795 words. The Ph.D. thesis offers a complex reconceptualization of the constitutional system in the European Union. The constitutional systems of the Member States have been substantially transformed during the 20th century. Meanwhile a new constitutional system functioning in the Member States alongside their own systems has emerged - the constitutional system of the European Union. These two fundamental changes are difficult to grasp through an existing theoretical framework. That is because the framework is based on a set of outdated concepts: (i) Rousseau's concept of volonté générale that forms the basis of the parliamentary supremacy in a constitutional system; (ii)...
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Locus standi of non-privileged applicants to bring an action for annulment
Moravcová, Eva ; Svoboda, Pavel (advisor) ; Král, Richard (referee)
Locus standi of non-privileged applicants to bring an action for annulment Abstract Every developed legal system is bound to have a mechanism for checking the procedural and substantive legality of measures adopted by its institutions. In the European Union it was of significant importance to create a system of control over the acts of the EU institutions given the democratic deficit within the Union and the limited supervisory role of the European Parliament. Binding acts of the EU institutions are subject to review through a number of routes provided by the Treaty on the Functioning of the European Union (TFEU) and the Treaty on the European Union (TEU), namely action for annulment (Art. 263 TFEU), the plea of illegality (Art. 277 TFEU), the preliminary reference (Art. 267 TFEU) and the action for damages (Arts. 268 and 340 TFEU). The Court has consistently endeavoured to treat the several strands as a complex and coherent system of judicial review within the Union based on the rule of law. The action for annulment under Art. 263 TFEU plays a crucial role for individuals as it is in practice the only direct way open to individuals to challenge the acts of EU institutions. The main purpose of my thesis is to examine whether the current wording of Art. 263(4) TFEU provides for individuals a sufficiently...
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Citizenship of the EU and Benefits of Financial Character Arising Therefrom
Patková, Lucie ; Šlosarčík, Ivo (advisor) ; Weiss, Tomáš (referee)
The bachelor thesis deals with the problems of citizenship of the European Union and it focuses on its economical aspects. The first part summarises development of concept of the Union citizenship up to now and offers a brief description of particular rights that are covered in the concept of citizenship of the EU. The second part of the thesis concentrates on current issue of economical results arising from the Union citizenship for the citizens as well as for the member states and their social security systems. Chapter focusing on economical dimension of the citizenship rights is divided into two parts - the first one deals with the citizenship and financial benefits arising therefrom with a view to economically active persons in the EU, the second one with a view to persons who are economically inactive. A valuable and essential source primarily to the second part of the thesis is practice of the Court of Justice of the European Union, which forms and extends the Union citizenship. The bachelor thesis concludes that deepening European integration changed considerably the traditional approach in access to financial benefits arising mainly from the social security systems of member states.
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Free movement of services - focus on eastern enlargement of the European Union
Průchová, Věra ; Pulgret, Miroslav (advisor) ; Kučerová, Irah (referee)
Diploma thesis "Free Movement of Services - The focus on Eastern Enlargement of the European Union" describes the development of the internal market of services of the European Union in view of the recent developments to complete liberalization of this market through the adoption of Directive 2006/123/EC of the European Parliament and of the Council of the 12th December 2006 on Services in the Internal Market. The Eastern Enlargement of ten new countries partly affected the whole development, because it caused the reestablishment of some protectionist measures in the form of the transitional periods. The aim of this thesis is to analyze the situation on the market of services in the European Union after the admission of at least eight countries from Central and Eastern Europe, and to understand each of these steps, which have lead some states to these protectionist measures. For a greater understanding of my diploma thesis, I tried to explain some important definitions and terms in the first part of the thesis, which can help the reader to easily understand the following sections of the essay. The other chapter presents, in brief, the historical genesis of the internal market of services in the European Union putting greater emphasis on the important milestones such as the founding treaties and...
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Case law of the Court of Justice of the European Union in the area of environmental protection
Kubeček, Jan ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
Resumé The thesis named Case Law of the Court of Justice of the European Union in the Area of Environmental Protection deals with three types of action in which the judicial protection of the environmental interests is provided. First the chambers of the Court of Justice of the EU are characterised - the Court of Justice, the General Court and the Civil Service Tribunal. Chapters on particular types of action follow. Each of them is attached with analysed related significant cases that the Court of Justice of the EU adjudicated upon. The first type of action is the action for failure to fulfil obligations where the principal questions are possibilities of imposing fines on member states that infringe the EU law. Sanctions are imposed in two forms - a penalty or a lump sum. The second type of action is the reference for a preliminary ruling in which the Court of Justice of the EU interprets the EU law a helps courts of the member states apply the EU law. The final chapter examines the action for annulment in which the fundamental and very disputable question is the question of right of action in environmental matters. After the comparison with other areas of the EU law, in particular the area of the competition law, it results from the thesis's chapters that the Court of Justice of the EU provides a very...
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