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Horizontal direct effect of the Treaty freedoms
Merjavá, Veronika ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
in English language: The statement of Angela Merkel from November 2014 that she would rather see the UK out of the EU than compromise the free movement in the EU (which as at the date of the submission of this dissertation materialized in potential Brexit) was one of the reasons which encouraged the author to analyse the reach of free movement rules, more specifically the horizontal direct effect of the Treaty freedoms, in this dissertation. The author focuses on the issues stemming mainly from the broader topic of the legitimacy of market integration which the author translated into the concept of separation of the regulatory competences between the EU and the Member States and related separation between the Treaty provisions' addressees, namely the Member States and the private entities. This dissertation focuses on the following research question: To what extent has the CJEU advanced the European market integration through the development of the principle of horizontal direct effect of the Treaty freedoms? The starting point after the establishment of the EEC was that the sole addressees of the Treaty freedoms were the Member States whereas the Treaty rules on competition only applied to private entities. However, as is demonstrated throughout this dissertation, it is nowadays generally accepted...
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Vertical restraints on competition in the sector of e-commerce
Krumlová, Dita ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
This thesis deals with the selected vertical restraints on competition that occur in the sector of e-commerce, namely resale price maintenance, dual pricing and most-favoured-nation clauses. The thesis raises the research question what stance the European Commission, the Court of Justice of the European Union, and particularly national competition authorities and courts of the Federal Republic of Germany, the French Republic, the United Kingdom of Great Britain and Northern Ireland, the Italian Republic, the Kingdom of the Netherlands and the Kingdom of Sweden take to the above-mentioned practices. The decisions of the authorities are considered in terms of their degree of strictness towards the vertical restraints in question. From a systematic point of view, the thesis is divided into eight chapters. Its subject, basic questions, aims and methods used are outlined in the introductory chapter. The second chapter, which deals with the concept of e-commerce, mainly provides the definition of the scope of the sector under consideration from a material point of view. The third chapter analyses the results of the European Commission's inquiry into the e-commerce sector, especially its conclusions on the functioning of the sector, its features and trends in this sector, particularly with regard to their...
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Relocating registered office of a business corporation within the European Union
Jirková, Pavla ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
The idea of internal market is one of the basic concepts of the European integration. The internal market of the European Union is a single market in which the free movement of goods, services, capital and persons is ensured. This thesis focuses on the free movements of legal persons in the European Union, namely freedom of establishment and the possibility of cross-border transfer of a company's registered office. This business focused freedom is regulated mainly by primary law in Articles 49 a 54 TFEU and its main objective is to enable the exercise of economic activities even in the territory of other Member States. The aim of this thesis is to investigate the regulation and development of case law regarding freedom of establishment of companies and give their comprehensive analysis. Furthermore, the thesis points out the fact that the choice of company's seat and its change is often associated with advantageous conditions laid down by national legislation. Companies often choose countries which have minimum requirements for their establishment and existence. States are aware of this behavior. Consequently, some of them reduce their legal standards and try to attract companies into their territory. This may cause the battle of jurisdictions. The thesis consists of the initial and final part and...
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The Dublin system regulated in terms of EU asylum law
Placzeková, Karolína ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
1 Abstract This thesis is dealing with crucial legislation of European Union in the area of asylum law, which came across considerable changes and undergone recently a sustainability test in form of so-called migration crisis. This phenomenon challenged (undermined) the foundations of common action of member states in field of asylum law and border control and could jeopardise the future of Dublin system. Despite the considerable resistance of member states to relocation mechanisms or in other words so-called mandatory quotas, these became one of the main instruments to resolve the current situation. The question remains, if this represents a step in the right direction and the proposed permanent relocation mechanism will help in dealing with crisis, side to side with further proposed secondary legislation in field of asylum law, or will deepen it. Vital is the evaluation of the current situation and to meet the objectives set out for the Dublin system, namely, in particular prevention of so-called asylum shopping and secondary movements of asylum seekers, equal treatment and non-discrimination and asylum law should as well lead to fairer liability distribution in accordance with adherence to principle of solidarity among member states. Thesis comprises of 3 main chapters. In the first chapter, attention is...
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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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Legal regulation of goods export from the European Union as part of common trade policy
Pávková, Lucie ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
Export legal regulation of the European Union as a part of common trade policy The thesis focuses on export of goods from EU to third countries, its legal regulation on both primary and secondary level and its display in the Czech legal regulation. Subsequently, the legal regulation is compared to export legal regulation of WTO. The aim of this comparison is to find out, whether there are any conflicts between EU and WTO regulations. Hypothesis consists of two thoughts: a) Legal regulation of export of goods as a part of EU common trade policy is embedded in EU law in detail. Export of goods is regulated (special) or banned in comparison to the regular export regime in certain cases; b) EU legal regulation of export of goods is in compliance with WTO legal regulation of export of goods. The descriptive, analytical (in part related to EU legal regulation) and comparative (in part related to WTO export regulation) methods were used when verifying the hypothesis. The thesis consists of two main parts. The first one aims to describe and analyze the EU common trade policy in relation to export of goods and its display in primary and secondary law. The aspects of common trade policy as an external activity is described as well. Based on this analysis, the thesis concludes that hypothesis "a)" is true and...
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Right of entry and residence on the territory of member states of the European Union
Vláčil, Jiří ; Král, Richard (advisor) ; Pítrová, Lenka (referee) ; Svobodová, Magdaléna (referee)
This thesis deals with analysis of EU rules on entry and residence on the territory of Member States. These rules are described from the perspective of different groups of people, EU citizens, citizens of EFTA Member States, family members or citizens of Turkey, and also from the perspective of Member States participating in the Schengen Border Area and Member States outside this Area. The core of this thesis consist is the analysis of four key EU rules in this field, namely the Border Code (Regulation 562/2002), the Visa Code (Regulation 810/2009), the 539/2001 Regulation and the 2004/38 Directive, as well as relevant case law of the Court of Justice, that influences the interpretation of the rules in hand significantly. The rules are also assessed from the point of view of principles of legal certainty and legitimacy.
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Right of a member state to leave the EU in context of the Brexit
Petrus, Tomáš ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
Right of a member state to leave the EU in context of the Brexit Abstract One year has passed since the United Kingdom officially announced its intention to withdraw from the European Union membership. Brexit as this withdrawal is often called means the turning point not only for the view of the concept of the ever closer European integration, but it also presents feasibility of a new option for the EU Member States. It is astonishing that in spite of popular attention to this topic there is an absence of serious academic research dealing with the right of a Member State to withdraw in all its wide aspects. Therefore, this thesis aims at the goal of describing the problem of the withdrawal in the most complex way and not only in the light of the recent Brexit. For understanding the present situation, it seems to be necessary, at least in the limited way, to introduce the right of withdrawal as the external aspect of the sovereignty ultima ratio which even in the historical period before the explicit incorporation in the Lisbon Treaty had to exist. In a retrospective view, it is also crucial to mention cases which were in a strict sense not examples of a withdrawal of Member States, but that proved the practical accommodation of national instruments and procedures to termination of EU law application. On...
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European trade mark in the case law of European courts
Cabák, David ; Zemánek, Jiří (advisor) ; Svobodová, Magdaléna (referee)
This thesis analyzes the contemporary case law of European courts regarding Community trade mark. The thesis is composed of five chapters. First chapter characterizes Community trade mark as a legal instrument of the law of the European Union. Second chapter analyzes relevant sources of law. Third chapter deals with institutions that are crucial mainly for the registration and protection of Community trade marks. Then the fourth chapter describes the registration process before the Office for Harmonization in the Internal Market. First part of this chapter focuses on the formalities of an application of the Community trade mark filed at the Office. Second part is concerned with the right of priority. Third part looks at absolute grounds for refusal of an application. Fourth part refers to relative grounds for refusal. Finally, the fifth part describes the grounds for revocation of the rights of the Community trade mark. At last the fifth chapter examines the contemporary legal background of the system of protecting the rights of proprietors of Community trade marks. The results of this thesis shows that the current legislation and the case law of European courts contribute to the functioning of the common market and mainly to free movement of goods by reasonable determination of limits for...
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