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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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Protection of Privacy and Personal Data in European Union Lawwith Regards to Data Retention
Serdula, Ondřej ; Svobodová, Magdaléna (referee)
1 PROTECTION OF PRIVACY AND PERSONAL DATA IN EUROPEAN UNION LAW WITH REGARDS TO DATA RETENTION ABSTRACT The thesis deals with the issue of data retention, i.e. the issue of storing communications metadata by telecommunications service providers for the purpose of possible later access to this data by state authorities. The thesis focuses not only on the relevant EU legislation, but also on the related case law of the Court of Justice, which plays crucial role in determining the standard of protection offered by EU law. This analysis focuses on two main legal issues - the issue of scope of the EU legislation in this area and the issue of proportionality. With regards to the first issue, the author is of the opinion that the Court of Justice interprets the scope of the relevant EU legislation overly broadly. Author criticizes the fact that the Court of Justice applied secondary law adopted on the basis of Article 95 TEC on the issue of access to the retained data by the Member States authorities, including the authorities of Member States which are active in the field of national security. Regarding the issue of proportionality, author criticizes the fact that the Court of Justice perceives the blanket retention of communications metadata to be incompatible with EU law as such, no matter how strict the...
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Information Technology as a Challenge for EU Law Google - Abuse of Dominant Position within the EU
Kruľová, Katarína ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
Information Technology as a Challenge for EU Law Google - Abuse of Dominant Position within the EU Abstract Google is primarily an ad-centric platform-based ecosystem and its services are daily used by millions of consumers, many without any monetary compensation. However, despite this undeniable benefit, due to its anti-competitive conduct (abuse of its dominant position) within the EEA, the European Commission had to intervene and impose fines and remedies on Google in order to restore competition on the merits and cease further consumer harm. The objective of this thesis is to establish, whether it was the conduct of Google which caused consumer harm, in qualitative terms of diminishing consumer choice and stifling innovation, or whether it was the allegedly interventionist approach of the European Commission, established through the remedies stipulated in the analysed decisions, which caused it. To reach this objective, firstly, the economic realities of multisided platforms are explained in Chapter 1. Afterwards, in Chapter 2, the specification of consumer harm in the digital markets coupled with the factors which influence consumer harm are discussed. Then, in Chapters 3 to 5 three separate analyses of three separate decisions on Google's abuse of dominant position are presented - namely - Google...
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Right to Personal Liberty in the Context of the Asylum Law of the European Union
Kulda, Miloš ; Svobodová, Magdaléna (referee)
Right to Personal Liberty in the Context of the Asylum Law of the European Union Mgr. Miloš Kulda Abstract: Right to personal liberty is considered to be one of the most important fundamental rights of a person. Unfortunately, the interferences to this right also constitute one of the aspects that generally accompanies asylum and forced migration. Europe is no exception in this respect. The topic of this theses is as follows: Right to Personal Liberty in the Context of the Asylum Law of the European Union. The objective of the theses is particularly to assess the level of protection which is provided within the European Union to asylum seekers and other forced migrant - i.e. refused asylum seekers and so called irregular migrants - against unauthorised deprivation of their liberty. The research is performed in the light of both the European Union law and European Convention for the Protection of Human Rights and Fundamental Freedoms. The focus of the thesis stands on two main pillars. The first one are the rules concerning the deprivation of liberty of asylum seekers and other forced migrants according to Art. 5 of the Convention and related case-law of the European Court of Justice. The second pillar are then the rules concerning the deprivation of liberty of the above mentioned groups of persons according...
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Current Frame of Religious Freedom in the System of European Protection of Human Rights
Jekielek Henzl, Barbora ; Svobodová, Magdaléna (referee)
Current Frame of Religious Freedom in the System of European Protection of Human Rights Abstract This thesis deals with the topic of protection of Freedom of Religion in the System of European Protection of Human Rights. It begins with a description of the formulation of this freedom in the Convention for the Protection of Human Rights and Fundamental Freedoms, Charter of Fundamental Rights of the European Union and the legal systems of Germany, Austria and Czech Republic. The legal systems of Germany and Austria are very close to the Czech one, therefore the acquired knowledge might become an inspiration for considerations of possible future legislative changes in the Czech Republic (also considering that while the integration of other cultures is still a relatively new topic in here, the above mentioned other states have already much more experience on this field). Another reason why this choice was made is also a wide range of interesting court decisions concerning the topic of this thesis mainly in Germany, but also in Austria. The description of the formulation of the Freedom of Religion in general is followed by the theoretical description and praxis of teaching Religion at public schools in the above stated countries. It is obvious from the comparison of the praxis in the aforementioned states that...
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Right to Personal Liberty in the Context of the Asylum Law of the European Union
Kulda, Miloš ; Svobodová, Magdaléna (referee)
Right to Personal Liberty in the Context of the Asylum Law of the European Union Mgr. Miloš Kulda Abstract: Right to personal liberty is considered to be one of the most important fundamental rights of a person. Unfortunately, the interferences to this right also constitute one of the aspects that generally accompanies asylum and forced migration. Europe is no exception in this respect. The topic of this theses is as follows: Right to Personal Liberty in the Context of the Asylum Law of the European Union. The objective of the theses is particularly to assess the level of protection which is provided within the European Union to asylum seekers and other forced migrant - i.e. refused asylum seekers and so called irregular migrants - against unauthorised deprivation of their liberty. The research is performed in the light of both the European Union law and European Convention for the Protection of Human Rights and Fundamental Freedoms. The focus of the thesis stands on two main pillars. The first one are the rules concerning the deprivation of liberty of asylum seekers and other forced migrants according to Art. 5 of the Convention and related case-law of the European Court of Justice. The second pillar are then the rules concerning the deprivation of liberty of the above mentioned groups of persons according...
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Current Frame of Religious Freedom in the System of European Protection of Human Rights
Jekielek Henzl, Barbora ; Svobodová, Magdaléna (referee)
Current Frame of Religious Freedom in the System of European Protection of Human Rights Abstract This thesis deals with the topic of protection of Freedom of Religion in the System of European Protection of Human Rights. It begins with a description of the formulation of this freedom in the Convention for the Protection of Human Rights and Fundamental Freedoms, Charter of Fundamental Rights of the European Union and the legal systems of Germany, Austria and Czech Republic. The legal systems of Germany and Austria are very close to the Czech one, therefore the acquired knowledge might become an inspiration for considerations of possible future legislative changes in the Czech Republic (also considering that while the integration of other cultures is still a relatively new topic in here, the above mentioned other states have already much more experience on this field). Another reason why this choice was made is also a wide range of interesting court decisions concerning the topic of this thesis mainly in Germany, but also in Austria. The description of the formulation of the Freedom of Religion in general is followed by the theoretical description and praxis of teaching Religion at public schools in the above stated countries. It is obvious from the comparison of the praxis in the aforementioned states that...
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The Single Economic Entity Doctrine in EU Competition Law
Lepara, Samir ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
The Single Economic Entity Doctrine in EU Competition Law Focused on applying single economic entity doctrine in relation to merger control of State Owned Enterprises Abstract This thesis focuses on the issues surrounding single economic entity doctrine in relation to State Owned Enterprises (SOEs), in particular on the effects of Article 22 of the Preamble of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (EUMR), and the Commission Consolidated Jurisdictional Notice under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings. Together these documents set the standards for merger control practice concerning SOEs. They are centred around the principle of applying the single economic entity doctrine when identifying the turnover of SOEs and when determining the jurisdiction of the Commission. The thesis possesses two major goals. The primary goal of the thesis is to elucidate the criteria used for the determination of a single economic unit (single economic entity) with independent decision-making power in the public sector. To this end, in chapter 3, the author has synthetized a list of the relevant criteria used for the determination of an economic entity, based on the criteria used by the Commission that have...
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Buyer Power and its Abuse in European Law
Musil, Aleš ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
This rigorosum thesis entitled "Buyer Power and its Abuse in European Law" deals with the analysis of buyer power in European law from the perspective of legal theory (part one - theoretical) and analysis of legislative aspects of the abuse (part two - practical). Attention is paid to the perspective of European law on the issue of buyer power and its abuse, both from the perspective of competition law and of the concept of buyer power, primarily pursuing objectives other than competition on the market. In my rigorosum thesis, I address the issue of market buyer power as a concept different from both market seller power and purchasing power, which refers to the extent to which consumers or firms have available money for spending and consumption. The concept of market power has in fact two branches - seller power and buyer power. In my thesis, I prove that (i) they cannot be viewed as a mirror image and (ii) that buyer power is an umbrella concept covering monopsony and bargaining power. Buyer power as the umbrella concept is a buyer's ability to exert pressure on its suppliers so as to lower prices or extract other concessions in two forms - monopsony and bargaining power. Monopsony power is an inefficient purchasing behaviour that involves withholding demand to decrease the purchasing price paid...
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