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Recognition and enforcement of foreign judgments in European Union law
Šatylov, Michael ; Pfeiffer, Magdalena (advisor) ; Růžička, Květoslav (referee)
Recognition and Enforcement of Foreign Judgments in European Union Law Abstract The diploma thesis deals with the institute of recognition of foreign judgements and the conditions of its enforcement in European Private International and Procedural Law. The European International Procedural Law, as a part of the European Union law, requires the autonomous interpretation of some concepts of law. Therefore, the relevant case law of the Court of Justice of the European Union concerning certain key concepts of law and provisions of the relevant regulations is also considered. The diploma thesis focuses on the analysis of the specific system of recognition and enforcement of foreign judgments in civil and commercial matters, which is contained in Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Ibis), Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims, Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure and Regulation (EC) No 861/2007 of the European Parliament and of the...
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The perpetuation of Frozen Conflicts by De Facto States to gain International Recognition: Case Studies of Transnistria and Somaliland.
Rochambeau, Mathieu ; Riegl, Martin (advisor) ; Ludvík, Jan (referee)
This thesis has for major aim to present the de facto state through another approach, by placing their intrinsic frozen conflict situation as a rational choice rather than a symptom of the lack of recognition. To do so, the case studies of Transnistria and Somaliland have been chosen since, the de facto state's academic field had, so far, focus more on the Caucasus' cases - therefore lack of similar comparisons. It appears indeed that, both these cases possess numerous similarities - such as not basing their identity on ethnicity or religion. Thus, through an empirical research, it has been possible to approach the establishment of these two de facto states and the reason behind the lack of international recognition; but also the role and influence of the frozen conflict within their internal evolution as well as their role in its perpetuation; and finally, the place of their parent state and the international community in the continuation of the status quo. It seems thus that, if it remains unlikely to find out if Somaliland and Transnistria do use the frozen conflict as a political tool to reach their political goals - namely international recognition but also identity building -, it appears that all actors involved in these conflicts do benefit from the perpetuation of such status quo.
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Perceived Inequalities by Immigrant Students in Czechia
Strnadová, Kristýna ; Šanderová, Jadwiga (advisor) ; Grygar, Jakub (referee)
The Diploma thesis presents how teenage students from third countries understand their daily life problems and difficulties which happen to them as a consequence of being a foreigner in a host country. Based on an analysis of ten semi-structural interviews, it is shown that students face several types of problems. The situations mentioned reveal a lack of recognition of their position in the Czech Republic; however, students perceive problems this way rarely. Even though students describe relatively large amount of language and scholastic difficulties, and problems with classmates and unpleasant encounters outside of the school environment, they tend not to see them as inequalities but rather as inevitable situations connected to their status of being a foreigner. They also often understand the problems as individual experiences which do not happen collectively, they see these problems as exceptions and bad luck or as the same problems that Czechs have. Sometimes the problems are seen as inexplicable by the students. Only when an experience is strong enough, they perceive it as a racist behavior or discrimination. Despite the fact that students sometimes demonstrate an inability to react to such behavior, they create several strategies on how to avoid them and how to deal with them. What...
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Geopolitics of contemporary unreconized states
Bombalová, Barbora ; Riegl, Martin (advisor) ; Ludvík, Zdeněk (referee)
The aim of this thesis, named Geopolitics of contemporary unreconized states, is to analyze the factors influencing the international status of unrecognized states by identifying the geopolitical interests of external actors. For the aim of this thesis unrecognized states will be called the de facto states. The thesis is divided into two main chapters and several subchapters. The first chapter is devoted to introducing the main hypothesis, research questions, and conceptualizing the following concepts: de facto state, sovereignty, self-determination, secession, and international recognition. The second part of the thesis consists of case studies of following de facto states: Abkhazia, South Ossetia, Nagorno-Karabakh, Transnistria, Taiwan, the Turkish Republic of Northern Cyprus and Somaliland. The aim of each case study is to answer the research questions and to verify the main hypothesis which reads as follows: International status of de facto states results from the geopolitical interests of external actors. The conclusion will be drawn at the end of the thesis. This thesis is an instrumental case study.
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Brussel I Regulation and other procedural laws of European private international law
Johnová, Gabriela ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
Topic of this diploma thesis is "Brussels I Regulation and other procedural laws of European private international law". The thesis focuses on the analysis of the problems that its name suggests. The procedural rules of private international law underwent during the past fifteen years relatively significant changes. Due to the application of the principles of free movement of persons, capital, goods and services, it results necessary to develop effective instruments for performing the law accross the member states borders. It occurs in procedural area primarily through the adoption of instruments of the European secondary legislation, particularly through regulation. The most important and most widely used procedural rules of European private international law was until recently Regulation (EC) no. 44/2001 of the 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which was since the 10th of January 2015 replaced by the regulation of the European Parliament and Council Regulation (EU) no. 1215/2012 of the 12th December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The subject of this paper is to examine the procedural rules of European private international law with a particular...
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Kosovo - On the way to independence
Klímek, Lukáš ; Kofroň, Jan (advisor) ; Riegl, Martin (referee)
The main aim of this Bachelor's thesis is to provide more informations about declarations of independence in 1991 and 2008 and find out the historical facts which resulted in Kosovo declaration of independence in 2008 with putting emphasis on historical developments in the 90s, when the amount of conflicts between Kosovo Serbs and Kosovo Albanians was increasing.
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The Sophists as seen by Plato and Aristotle, and their reappraisal by Hegel
Dovhoruk, Ivanna ; Thein, Karel (advisor) ; Jinek, Jakub (referee)
This work is an inquiry of the original traces of negative and positive criticism of the sophists. Through the interpretation of the relevant passages in selected works of Plato, Aristotle and Hegel we will try to seize the main reasons that have led these thinkers to the rejection of sophistry, or for its appreciation. Thence, there will not be taken into account the Sophists as a philosophical phenomenon, but what Plato, Aristotle and Hegel say about them. At the same time we give up all criticism and evaluation, because we do not want to seek advantages and disadvantages of these opinions; we just want to know what they are. The first chapter includes four interpretations of Plato's dialogues Protagoras, Gorgias, Sophist and Euthydemus. In the second chapter we will try through the Aristotle's reading of the first fifteen chapters of his writings Sophistical Refutations seize the reasons for his adverse assessment of the Sophists. The third chapter examines Hegel's appreciation of sophistry, which results from his conception of the history of philosophy as a necessary process of evolution in his Lectures on the History of Philosophy. In the conclusion the results of inquiry and overall summary will be presented.
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