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Representative democracy at the European level
Novotná, Markéta ; Zemánek, Jiří (advisor) ; Svobodová, Magdaléna (referee)
Representative democracy at the European level This thesis deals with representative democracy, as one of the fundamental principles underpinning the organisation of states or, as the case may be, interstate-type entities. At the European level, this principle is embodied by the European Parliament and the national parliaments of the Member States whose functions and competences complement each other. In the context of the role of the European Parliament the fundamental question concerns direct elections as an instrument of political legitimacy. This thesis offers a comparison of the findings of the Czech and the German Constitutional Courts, which took different views on the case of the electoral treshold in elections to the European Parliament. Arguments of these courts enable the reader to see European Union, position of the European Parliament in its institutional structure and its democratic legitimacy in wider context.
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The rule-making power of the European Commission
Lenfeld, Jiří ; Král, Richard (advisor) ; Svoboda, Pavel (referee) ; Svobodová, Magdaléna (referee)
The rule-making power of the European Commission, dissertation Mgr. Mgr. Jiří Lenfeld, M.A.; supervisor: doc. JUDr. Richard Král, Ph.D., LL.M. Charles University, Faculty of Law, Department of European Law Prague, March 2013 The aim of the dissertation is to analyse the role of the European Commission in the legislative process of the European Union with the focus on procedures for adoption of legally binding Union acts. The European Commission is one of the main institutions of the European Union. It represents and upholds the interests of the EU as a whole and manages the day-to-day business of implementing EU policies. However, to limit the role of the European Commission to that of an executive body would be misleading. Its role in the EU institutional system is much broader than that. The European Commission is the most important legislator among the EU institutions and is also empowered with an almost exclusive power to submit drafts of EU legal acts. The rule-making power of the European Commission could be seen from two different points of view. In a narrow sense of the word it could be seen as a power conferred on the European Commission by the Treaties to propose drafts and to adopt EU legal acts implementing legally binding Union acts. However, the exercise of the rule-making power may...
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European legal regulation of patents in the area of science and research
Hrdličková, Klára ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
European legal regulation of patents in the area of science and research Bioethics is an important part of law regulation in the medical field. According to the current state, bioethics is able to highlighted main issues, which are connected with medical research and suggest possible solution.This paper combines two controversial topics. First one is human embryonic stem cell research and second one is research on nanoparts and indicates Intelectual Property Law possibilities in this field. Paper is divided into two parts. First one deals with the legal regulation on research on embryo in the Czech Republic and in other states of The Western Europe. Main focus is based on patentability of research concerned with the human embryonic stem cells, which might have a great therapeutic potential but their preparation necessarily leads to the destruction of "human embryos". (HESC) Main concern is connected with regard to the European law and the current ground- breaking judgement, Brüstle v. Greenpeace eV. In mentioned judgment European Court of Justice held that after interpretation of the Directive on the legal protection of biotechnological inventions , it will not be able to grant a patent on research which led in the destruction of a human embryo. Paper also includes assessment of the attitude of the...
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Private Enforcement of EU Competition Law
Šimeková, Zuzana ; Král, Richard (advisor) ; Šmejkal, Václav (referee) ; Svobodová, Magdaléna (referee)
1 Thesis Summary Private Enforcement of EU Competition Law Zuzana Šimeková 1. Starting points and goals of the thesis The main goal of my thesis is the application of the ever-evolving contemporary issues of private enforcement of the EU competition law, its developments in the legislative area and the decision- making practice of the European Commission and the Court of Justice of the European Union (the ECJ) to the pharmaceutical sector area. As regards the functioning of competition rules, the pharmaceutical sector found itself in the cross-hairs of the European Commission fairly recently. Its efforts resulted in the Pharmaceutical Sector Inquiry Final Report of 8 July 2009 (the Final Report). The primary subject-matter of my thesis is the assessment of the competition relationship dynamic between the originator and generic pharmaceutical companies, especially the degree by which the conduct by the originator pharmaceutical companies can delay market entry by the generic pharmaceutical companies and thereby negatively affect the consumers by (among other things) limiting availability of cheaper drugs. Despite the expectations of legal practitioners and academia, the European Commission did not rule in the Final Report whether the discovered conducts constitute violations of the EU competition law. The...
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The phenomenon of comitology in the EU law-making process
Tlamycha, Jan ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee) ; Zemánek, Jiří (referee)
This thesis deals with the importance of comitology in the EU law-making process. The main reason for choosing this topic was the need to consider the importance of comitology in the EU decision-making process from a legal perspective. Until now the importance of comitology has been largely viewed through the lens of political science. Given that comitology is connected to the implementing phase of the EU law-making process, it was not possible to ignore the issue of implementing powers and, on the contrary, it was proper to study the comitology in this context. I addressed comitology as a multi-faceted phenomenon, with historical, institutional, substantive and procedural dimensions. I studied these elements also in their mutual interaction. Considering comitology as a complex issue was a necessary precondition to achieving objectives I set in the thesis. Given the absence of specialized literature capturing recent legal developments, I had to rely largely on primary sources. The main objective of my thesis was to clarify if and to what extent the current shape and functioning of comitology complies with the principle legal certainty and respects the limits of implementing powers. I also focused on the associated question of the judicial review of legal acts adopted by comitology procedures....
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Scope of EU law
Hanák, Radek ; Král, Richard (advisor) ; Svobodová, Magdaléna (referee)
Scope of EU law This thesis deals with scope of EU law. Scope of EU law in concrete situation is defined by meeting conditions layed down for material, territorial, personal and temporal scope of EU law. The aim of the thesis is to define when those conditions are met and to analyse situations, where it's not clear which legal order to apply and to give the reader an insight into situations when union law applies. This thesis is divided into two parts - first part gives insight and definitions about fundametal terms used in second part of this thesis. Part two deals with topic of this thesis. First chapter of the second part analyses material scope of Union law, thus answers the question in which legal relations has Union law material scope and divides material scope of Union law into two categories: exlusive material scope of Union law and non-exlusive material scope of Union law. This thesis also analyses criteria, which are used to determine, if in specific legal relations has material scope Union law or national law. Second chapter of the second part describes territorial scope of EU law by defining in which territories specific EU legal act can by applied, in which territories Union law has full scope and in which limited scope, whereas it's needed to take into account provisions of specific...
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The importance of correct posture of writing instruments in the context of the child´s school success.
SVOBODOVÁ, Magdalena
The Thesis deals with the importance of correct grip of writing instruments in connection with the child´s school success. Based on theoretical knowledge about the development of human movement and the development of grip. Stresses the importance of gross and fine motor skills for developing graphomotor.Characterized proper posture while writing. Highlights the need for early diagnosis for incorrect grip. Maps out the physically disadvantaged children. Acquainted with the methods of work and expert opinions on the issue. Offers proven methods to help improve and fix correct grip. Point out the need for cooperation with parents. Presents the difficulties of children with the wrong grip, experiencing school failure. I tis recommended special writing instruments that support proper holding pens.
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