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European Public Prosecutor's Office
Hendrych, Lukáš ; Šelleng, Dalibor (referee)
European Public Prosecutor's Office, abstract The European Public Prosecutor's Office (EPPO) has been so far the most ambitious project in the field of Europeanization of criminal law. Criminal law has traditionally been an area where the member states of the European Union are strictly guarding their sovereignty and they are very reluctant when it comes to its harmonization or perhaps unification. This is also the reason why it is important to closely focus on this newly created institution. This is the very first time the EU member states established a body with a competence to investigate and prosecute crimes across countries regardless of national borders. According to the adopted legal framework, the European Chief Prosecutor located in Luxembourg is to focus primarily on crimes affecting the EU's financial interests. The EPPO is to investigate and prosecute these crimes and to represent public prosecution before national courts. The greatest added value of the EPPO should be its independence from national public prosecutor's offices in member states. Independence, expertise, and a cross-border competence should save dozens to hundreds of billions of Euros to the EU's - and nationals - budgets. These amounts of money are being lost every year due to cross-border financial crimes, mainly due to subsidy...
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Tolerable risk in Criminal Law
Hendrych, Lukáš ; Šámal, Pavel (advisor) ; Pelc, Vladimír (referee)
Tolerable risk in criminal law Abstract This rigorous thesis focuses on an issue of tolerable risk in criminal law. The institute of tolerable risk in criminal is one of the most recent circumstances excluding illegality, which are defined in the Czech Criminal Code. Until its legal definition in the Criminal Code, the tolerable risk was inferred only by legal theory and practice. The tolerable risk is now ambedded in the provisions of Section 31 of the Criminal Code. Tolerable risk is an effective tool for conducting research, for experimenting in science and it can be also applied in medicine, business and sport. It is crucial for the institute of tolerable risk to set boundaries, because an overly liberal approach to defining limits of tolerable risk can lead to a gambling and reckless conduct of individuals. On the other hand, too restrictive definition of tolerable risk limits can restrain the scientific and technological progress and individual creativity in general. This thesis performs an analysis of the institute of tolerable risk in criminal law. Primarily, it deals with the system of circumstances precluding illegality and provides a brief list and description of other circumstances precluding illegality. In the following chapters, it discusses the historical development of acceptable risk in the...
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European Public Prosecutor's Office
Hendrych, Lukáš ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
European Public Prosecutor's Office, abstract The European Public Prosecutor's Office (EPPO) has been so far the most ambitious project in the field of Europeanization of criminal law. Criminal law has traditionally been an area where the member states of the European Union are strictly guarding their sovereignty and they are very reluctant when it comes to its harmonization or perhaps unification. This is also the reason why it is important to closely focus on this newly created institution. This is the very first time the EU member states established a body with a competence to investigate and prosecute crimes across countries regardless of national borders. According to the adopted legal framework, the European Chief Prosecutor located in Luxembourg is to focus primarily on crimes affecting the EU's financial interests. The EPPO is to investigate and prosecute these crimes and to represent public prosecution before national courts. The greatest added value of the EPPO should be its independence from national public prosecutor's offices in member states. Independence, expertise, and a cross-border competence should save dozens to hundreds of billions of Euros to the EU's - and nationals - budgets. These amounts of money are being lost every year due to cross-border financial crimes, mainly due to subsidy...
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Role of the European Council in the pre-legislative stage of the EU legislative process
Hendrych, Lukáš ; Knutelská, Viera (advisor) ; Landovský, Jakub (referee)
The aim of the master thesis "The role of the European Council in the pre-legislative phase of the European legislative process" is to analyse position and influence of the European Council before proposing an official legislative proposal by the European Commission in the EU's legislative process. This pre-legislative phase of a designing of a European legislation is important, though informal. The aim of this master thesis it to find out how strong is the European Council in an agenda setting when it comes to a European legislation and to what extent the Commission is inspired or follows the European Council's conclusions when proposing a legislation. According to many authors who this thesis referring to and their research that this thesis follows, an importance and influence of the European Council has been growing a lot, recently. In their view, it has been happening primarily during serious political or economic crisis. The Commission's position as the only official proposer of a European legislation weakens in that moments while influence of the EU summits grows. The question is if it is true and how much we can really argue that during European crisis the EU's executive power is so weakened that it does not - without ex ante "permission" and ex ante "consultation" with the summits - allow...
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Euroscepticism in the European Parliament: Has the behaviour of the eurosceptic MEPs changed?
Hendrych, Lukáš ; Knutelská, Viera (advisor) ; Stauber, Jakub (referee)
The aim of the bachelor thesis "Euroscepticism in the European Parliament: Has the Behaviour of the Eurosceptic MEPs Changed?" is to analyse political behaviour of eurosceptic MEPs in the European Parliament. The influence and a number of politicians who disagree with European integration and who strongly criticizes it has been getting higher in the last years. It also has an effect on the result of elections to the only directly-voted institution of the European Union. Twice as many of these politicians gained seats in the European Parliament in the elections in 2014 than in 2009. Two political factions that associate MEPs whose position is to be against European integration have also been formed. However, there was only one faction like this in the last legislative term. According to these recent circumstances this bachelor thesis analyses the definition of the term "euroscepticism" and also the behaviour of eurosceptic MEPs. Stronger political representation of this political stance means more possibilities and space for changing these stances to political actions in the European Union. The question remains whether they are going to use their stronger position for their political goals or they will more likely be passive and politically inactive. Powered by TCPDF (www.tcpdf.org)
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