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International Investment Agreements and European Union Law
Fecák, Tomáš ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee) ; Švarc, Zbyněk (referee)
The relationship between international investment agreements and EU law has attracted increased attention in past few years. The aim of this thesis is to bring a detailed analysis of various aspects of this complicated relationship. In attainment of this aim it proceeds in the following steps. After a short introduction (Chapter I.), Chapter II. briefly overviews typical content of bilateral investment treaties, following with a more detailed analysis of relevant EU law rules concerning foreign investment and subsequent comparison of both sets of rules. Chapter III. deals with investment agreements to be concluded by the EU, in particular with questions of external competence for foreign investment, responsibility for breaches of investment agreements concluded by the EU and the future shape of EU investment policy. The status of existing bilateral investment treaties concluded between EU member states and third countries is analyzed in Chapter IV. Chapter V. tackles various issues related to investment treaties concluded between member states (so called intra-EU BITs).
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The Right to the Protection of Personal Data in Article 8 of the Charter of Fundamental Rights of the European Union
Mádr, Petr ; Král, Richard (advisor) ; Zemánek, Jiří (referee)
This thesis deals with the fundamental right to the protection of personal data as enshrined in Article 8 of the Charter of Fundamental Rights of the European Union ('the Charter'). An analysis of the case law of the Court of Justice of the European Union (CJEU) on Article 8 of the Charter reveals an intriguing paradox: although this provision has been repeatedly invoked in order to enhance protection of personal data and has featured prominently in several far-reaching judgments (Digital Rights Ireland, Google Spain or Schrems), there is considerable uncertainty as to the substantive scope of the right to the protection of personal data. The relationship between the right to privacy and the right to data protection has proved difficult to untangle, and the autonomous nature of Article 8 of the Charter has not always been respected. The aim of the thesis is to analyse the purpose and content of this fundamental right with reference to the CJEU's case law and recent academic debate. This thesis is divided into four chapters. Chapter 1 provides an overview of the European legal framework for data protection and demonstrates the limited value of the 'Explanations relating to the Charter' in interpreting Article 8. Chapter 2 analyses the CJEU's approach to interpreting and applying Article 8, while Chapter 3 is...
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Investment protection agreements and EU law
Hrabčáková, Judita ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
In today's world of international economic integration, foreign investment is an important element of countries' economic development. International law in this area has to come to terms with, on one hand, the effort of the host country to attract foreign investors by providing investors with an attractive investment environment and on the other the need to preserve sovereignty of the host country. The thesis aims to offer an overview of the issue of regulation of foreign investment protection at the international level and focuses, within selected problems, on the interaction of agreements on the protection of foreign investment and EU law after passage of foreign direct investment within the exclusive competence of the European Union. For the purpose of fulfilling the objective of this paper the author used general theoretical knowledge and used descriptive and comparative methods and analogy. The work consists of three chapters, each of which is divided into subsections. The first chapter - Introduction presents the issue of protection of foreign investment. The second chapter, entitled Agreements on the protection of foreign investment and EU law focuses on selected aspects of the interaction of international investment agreements and EU law. In subsection 2.1 entitled International Investment...
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Equal treatment and prohibition of discrimination in employment relations
Čuřík, David ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
Equal treatment and prohibition of discrimination Abstract My diploma thesis deals with the topic of equal treatment and non discrimination in employment relations, which form one of the areas where the impacts of discrimination can be perceived most intensely, as such behaviour denies the freedom of making decisions about one's profession, which is highly important for the self-fulfilment of each individual. Within the context of the Czech Republic, the urgency of the topic of the thesis is given by the need to adopt new principles and tools brought by the transposition of the EU anti-discrimination legislation into the Czech legal system. Sufficient public awareness of its contents and possibilities it brings is a prerequisite for effective application of the new legislation. For that reason, the purpose of my thesis is primarily to outline gradual shifts in the understanding of the principle of equal treatment in the European area and to describe the development of the EU anti-discrimination legislation. The thesis should also present plentiful judgments of the Court of Justice of the European Union (CJEU) interpreting the meaning of individual provisions of both primary and secondary EU legislation. The first chapter defines the terms of equality and discrimination and distinguishes two main approaches...
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Collective administration in digital era
Bajáková, Eva ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
The aim of the present thesis is to examine an impact of reproductive and recording technique and of the global network of the Internet on the institute of collective management of copyright and related rights which forms traditional part of the system of copyright law. Firstly, the thesis embeds an issue of the institute of collective management into the appropriate legal framework and historical context. The delimitation of collective management's purpose follows; an emphasis is placed on the position of the collective manager of copyright as an intermediary between the competing interests of the right holders and interests of users. It is explained that the change of manners of communication of the work to the public from "point-to-mass" to "point-to-point" tends to weaken such position. The real and legal monopoly of collective management is scrutinized and conclusions of academics drawn from the coexistence of copyright management companies on the market in the United States are contrasted in the following part of the thesis. The issue with licenses is addressed. The collision between the potential ubiquity of works made available on the Internet and the principle of territoriality (lex loci protectionis) is described and, simultaneously, legal issues connected with functioning of the system...
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Regulation of launching medical devices onto the market
Litavský, Ondřej ; Vavrečka, Jan (advisor) ; Štěpánek, Petr (referee)
This diploma thesis deals with the topic concerning regulation of launching medical devices onto the market with regard to the analysis of key regulatory framework. The aim of the thesis is to find out if the legal framework really fulfils its de lege ferenda objectives. The purpose of this thesis is to confirm or disprove a hypothesis that the regulation of launching medical devices onto the market is sufficient and effective from the point of view of consumer protection and interests of other stakeholders. Secondary aim of this diploma thesis is to confirm or disprove a hypothesis that the harmonization of legal framework in the EU is appropriate and effective. These hypothesis are to a certain extent following up the verification of four essential goals that should be reached by the regulation. One of the key aims is assuring the safety of the products, enabling them to move freely in terms of the internal market of the EU and assuring that the consumer isn't misled when deciding about his optimal situation. Besides that the regulation shouldn't unnecessarily slow down the activities of businesses and inappropriately limit their innovation potential. The diploma thesis has a critical point of view concerning some aspects of this regulation and in the end the author suggests some proposals in order to improve the current practice.
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Demarcation between the categories of products with physiological function on human body in EU law
Vavrečka, Jan ; Švarc, Zbyněk (advisor) ; Boháček, Martin (referee) ; Jakl, Ladislav (referee)
The thesis is focused on theoretical principles of demarcation of products with health effects in the EU law and on the reflection of these issues in the application and administrative practice in commercial law. The thesis developed yet been brought judicial interpretation with the scientific interpretation of certain key and decisive problems that separate from each other law-regimes of regulation: medicinal product for human use, foods, cosmetics products, medical devices and biocides. Correct law-regime for a particular product is determinating of the general legal basis in the EU internal market. It is therefore a important problem not only in EU law, but also in EU economic. Thesis results are highly critical of current practice in the local markets of EU member states, especially Czech Republic, and in many instances documented sub-optimal application of this law in general practice.
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Role of European Union in international organizations
Štětková, Petra ; Cihelková, Eva (advisor) ; Frostová, Eva (referee)
Cílem této práce je ukázat nový pohled na postavení Evropské unie jako celku v mezinárodních organizacích. Práce přibližuje pojem mezinárodní organizace, její typické právní znaky, cíle, funkce, role a historii, jež jsou nutným základem pro důkladné pochopení zkoumaného tématu. Následně je charakterizována Evropská unie, její cíle, funkce, role, postavení ve světě a právní základy, dle kterých vystupuje na mezinárodním poli. V závěrečné části je zkoumáno postavení Evropské unie v několika vybraných mezinárodních organizacích z pozice člena, pozorovatele a formy spolupráce.
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