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The Europeanisation of Asylum law
Pifflová, Viktorie ; Pítrová, Lenka (advisor) ; Říha, Michal (referee)
The Europeanisation of Asylum law Abstract The content of this thesis focuses on the development of the European Union asylum policy, as the youngest but fastest developing EU policy. As the field of asylum law is highly influenced by the incorporation of EU legislation into the national legal orders of the Member States, this legal area can be described as strongly Europeanised. This thesis aims to document the process of Europeanisation of asylum law through the construction of a regional subsystem of refugee protection in the European area, called the Common European Asylum System, or CEAS for short. The thesis is divided into an introduction, seven chapters and a conclusion. The first chapter explains the basic concepts with which the thesis works, as well as emphasizes the necessity to consider the field of asylum law through the prism of three layers which mutually influence and complement each other. These layers are of the international, EU and national law. For this reason, the most important international legal pillars supporting the EU asylum acquis are mentioned. The following chapters deal with the very concept of the Common European Asylum System and EU asylum policy, in an attempt to capture the underlying conceptual ideas behind the need to build this system. As the CEAS was built...
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Late transposition phenomenon in the Czech Republic
Říha, Michal ; Pítrová, Lenka (advisor) ; Svobodová, Magdaléna (referee) ; Plaňavová-Latanowicz, Jana (referee)
LATE TRANSPOSITION PHENOMENON IN THE CZECH REPUBLIC The implementation of European law is a necessary precondition for the functionality of European integration. However, while the Union institutions carry out the legislative work, the implementation of European law is a task for the Member States. They must adapt their legal systems accordingly and enforce EU rules effectively. In the case of directives, the basic condition for their effectiveness is transposition into national law, which usually requires to propose a new act of Parliament. The Czech Republic has long been one of the countries with a high proportion of late transposition of EU directives. Despite the generally accepted claim that the culprit of these transposition failures lays in the Czech Parliament, research refutes such views. Although the Chamber of Deputies is relatively autonomous from the Government, its deliberations are lengthy, and the Chamber of Deputies' Rules of Procedures offers only a limited range of instruments to guide parliamentary deliberations, transposition delays occur already at the executive level. This is even though the Czech Republic has a series of robust measures to improve the planning of implementation works, but these are not enforced in practice. Presented research is based on data on the legislative...
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Gun-jumping and EU merger control
Kregl, Jan ; Šmejkal, Václav (advisor) ; Pítrová, Lenka (referee)
Gun-jumping and EU merger control Abstract This thesis deals with the issue of gun-jumping under the EU Merger Regulation. On the EU level of competition law, gun-jumping is an infringement of the obligation to notify a concentration and the obligation not to implement such concentration before receiving Commission's clearance. Gun-jumping was, for a long time, a marginal and undeveloped topic within the context of EU competition law. However, over the years, the Commission has significantly tightened its grip over the undertakings that do not respect the basic principles of EU merger control procedures and imposed heavy penalties for such infringements. Over the last few years, gun-jumping has thus become one of the leading issues within the EU competition law. This thesis sets the objective to examine the evolution of the gun-jumping enforcement on the EU level. Furthermore, it aims to identify the various types of gun-jumping conduct from the undertakings' point of view and their subsequent assessment by the Commission. Finally, the thesis also seeks to identify the problematic and unclear areas of gun-jumping and the possible clarifications to be made by the Commission. To achieve these objectives, the author researches the academic literature on gun-jumping and examines the decision-making practice of...
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Asylum law in the Czech Republic
Zajícová, Eliška ; Pítrová, Lenka (advisor) ; Kryska, David (referee)
Asylum law in the Czech Republic Abstract The thesis deals with the regulation of granting international protection to refugees in the Czech Republic. Asylum law is regulated by both the Asylum Act and the Temporary Protection Act, and given the nature of international protection, which falls under the exclusive competence of the European Union, the EU regulation known collectively as the Common European Asylum System is also important. Finally, definitions based on international law, specifically the Geneva Convention relating to the Status of Refugees, are also crucial. International protection is granted to persons who, for fear of persecution or cruel treatment, have fled their home countries, which are unable to provide them with protection, or can directly cause the persecution. In the Czech Republic, the international protection is granted as asylum, subsidiary, or temporary protection, the last of which is currently the most visible and relevant because of the large-scale refugee wave from Ukraine. This thesis is divided into five chapters, with chapter one introducing the reader to the basic concepts of asylum law, including a brief description of its rich history. The second chapter lists and describes a relatively large number of relevant legislations. The third chapter aims to guide the reader...
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Action for protection against unlawful interference
Procházková, Františka ; Pítrová, Lenka (advisor) ; Rajchl, Jiří (referee)
Action for protection against unlawful interference Abstract This thesis which is called "The action against unlawful interference" deals with the procedure of judicial protection against unlawful interference, instruction or coercion of administrative authority and its effectiveness, particularly concerning the protection of public rights. The thesis is divided into seven chapters with an introduction and a conclusion. The introduction sums up the aims of this work and briefly presents the content of each chapter. The first chapter describes the term interference as understood by the Code of Administrative Judicial Procedure and by legal theory. In this chapter, there is also a list of case law examples of unlawful interference. The second chapter contains a brief summary of the history of administrative judicial procedure in this region. The third chapter summarises the protection against unlawful interference legislation which is enacted in Article 82 and following of the Code of Administrative Judicial Procedure. The fourth chapter presents the problematic application of legal action against unlawful interference. The negative consequence of using the term administrative decision in the material sense and disunited judicial practise of the court's obligation to instruct about the possible change of type...
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The grounds for administrative expulsion
Yarish, Viktoria ; Kryska, David (advisor) ; Pítrová, Lenka (referee)
The grounds for administrative expulsion Abstract This thesis focuses on an important instrument of migration policy, which is administrative expulsion, or more precisely the grounds for which a decision on administrative expulsion may be issued to a foreign national. The Act on the Residence of Foreign Nationals exhaustively covers the individual grounds for administrative expulsion, but their content is not always clear at first glance. Although administrative expulsion is a specific instrument of immigration control, and not a tool for punishing the foreign national for violation of the established obligations, it has a tangible impact on the foreign national's life. The main purpose of this thesis is to define and characterize the individual facts of the grounds for administrative expulsion and to organize them according to common features systematically. For these purposes, it is important to examine the individual facts using the terminology of the doctrine of criminal law i.e., in particular the definition of the typical features of the facts - object, objective aspect, subject and subjective aspect. The characterisation should reflect the meaning and origin of the legal regulation of the specific facts, the identification of the essential features of the undesirable conduct of the foreign national...
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Takeover of the European Union law into the legal orders of the European Free Trade Association Member States
Spousta, Ondřej ; Pítrová, Lenka (advisor) ; Král, Richard (referee)
Takeover of the European Union law into the legal orders of the European Free Trade Association Member States Abstract This thesis deals with the European Free Trade AssociationMember States' approaches to the European integration and examines primarily its legal aspects. The four states, consisting of Iceland, Lichtenstein, Norway and Switzerland, endeavour especially to participate in the EU's internal market, what they reach by two different tools. Meanwhile to the three first- mentionedstates were e.g.the so-called"Four Freedoms" of the single market extendedthrough the Agreement on the European Economic Area (EEA), which apart from these countries comprises of EU Member States, Switzerland took its own, specific path of sectoral bilateral agreements,which it concluded with the European Union, eventual also with EU countries. The thesis first deals with the history and functioning of the EFTA, which is common to all four states and then analyses at first the EEA law model and afterwards the Swiss bilateral agreements, evaluating both regimes in relation to each other. The thesis in both cases of integrationshows the scope of cooperation,its institutional frameworkandalsothe procedures, through which the EFTA States take over the EU law. It also reveals whether and in what ways the EFTA States can...
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The principle of primacy of application in the case law of the Spanish Constitutional and Supreme Courts
Duchek, Otakar ; Pítrová, Lenka (referee)
The principle of primacy of application of EU law in the case law of the Spanish Constitutional and Supreme Courts Abstract The subject of this thesis is an analysis of the position of the Supreme Court of the Kingdom of Spain and the Constitutional Court of the Kingdom of Spain on the principle of primacy of the application of European Union law, as first established by the Court of Justice of the European Union in Costa v. Enel. The thesis is logically structured, firstly, into a chapter dealing with the genesis and meaning of the concept of the primacy of application of EU law in the light of the case law of the high court and legal theory, followed by a chapter summarising the general principles advocated by the Spanish Constitutional Court in the relationship between the Kingdom of Spain as a Member State and the European Union. The next two chapters provide an analysis of two specific court cases and draw out the implications for individuals of the application of the principle of primacy of EU law. The last chapter and the conclusion offer a synthesizing view of the topic discussed. The main contribution of the thesis is to introduce the doctrine of the Spanish Constitutional Court on the topic outlined above into the Czech environment, while its basic pillar can be considered to be the explicitly...
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Procceding of Action against Decision of Administrative Authority
Kozelka, Pavel ; Pítrová, Lenka (referee)
Proceeding of Action against Decision of Administrative Authority Abstract The aim of the dissertation is to analyse the legal regulation providing protection of public subjective rights through the procedure of an action against a decision of an administrative authority, regulated by the Administrative Procedure Code, and to assess whether the legal regulation provides sufficient legal protection of public subjective rights, with a recommendation for its modification. The thesis deals with the foundations of the administrative justice system and its principles by looking at the historical development of the procedure of an action against a decision of an administrative authority and then analysing specific institutes of the administrative justice system. The analysis of the organisation of the administrative justice system, which significantly contributes to both the quality and the speed of judicial protection provided by the court, cannot be overlooked. For this reason, the thesis also includes an analysis of the organisation and approach of the Supreme Administrative Court, which decides on cassation appeals against final decisions of courts adjudicating in the administrative justice system, and related issues, including the compensation of costs in the administrative justice system, not only from a de...
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Negative decisions on international protection in the light of judicial review
Hrdlička, Vladan ; Pítrová, Lenka (referee)
Negative decisions on international protection in the light of judicial review Abstract The presented work analyzes the decision-making practice of Czech courts in cases of rejected applications for international protection in the Czech Republic. It covers the decision-making paragraphs of the Czech Asylum Act so that the reader can get an idea of the functioning of the asylum system in the Czech Republic. The work aims to be practical and in many places the study of selected cases focuses on controversial moments, in which the court comes to the opposite conclusion than the administrative body. The right to asylum is enshrined in Article 43 of the Charter of Fundamental Rights and Freedoms and the Asylum Act is an integral part of the Czech legal system. In a detailed analysis of the merits of disputed cases, the submitted work will present the closest possible profile of an applicant for international protection, who is close in his fate to an asylum-relevant persecuted person, as well as a foreigner who is threatened with serious harm if returning to his country of origin or last permanent residence. The legal institute is always mentioned and subsequently disputes that have been intercepted by the Czech administrative courts during the review of the defendant decisions are traced to it. The selected...
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