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An Economic Analysis of the Cross-Border Insolvency Proceedings within the context of the Changes of the Council Regulation (EC) No 1346/2000
Juhás, Juraj ; Richter, Tomáš (advisor) ; Břízová, Pavla (referee)
The content of this bachelor thesis is an economic analysis of the cross-border insolvency proceeding held according to the Council regulation (EC) No 1346/2000 on insolvency proceeding and proposals of its amendment. It is focused mainly on changes regarding the possibility to request an opening secondary proceeding and changes regarding the insolvency of groups of companies. A basic framework for evaluation of a profitability of a secondary proceeding opening for a concrete creditor was introduced at the end of the chapter II. It involves three main factors: ratio of relative shares on the realization of debtor assets in the case a secondary proceeding was opened and in the case I was not opened; additional incomes caused by the fact that the debtor assets were administered as a whole (the assets were not liquidated by parts in several parallel insolvency proceedings) and transaction costs. The proposed changes of the cross-border insolvency law in the European Union concerning a limitation of the right to request the opening of a secondary proceeding and obligatory cooperation between proceedings regarding a member of the same group of companies are then evaluated with respect to this basic framework.
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The Political Character of Constitutional Review
Juhás, Juraj ; Gerloch, Aleš (advisor) ; Kosař, David (referee) ; Kühn, Zdeněk (referee)
in the English language: The Political Character of Constitutional Review. In this thesis, we tried to find out whether constitutional review in the Czech Republic has at least partially a political character. In the Czech Republic, constitutional review is exercised by the Constitutional Court in two types of proceedings: (a) proceedings on derogation of statutes and other regulations (laws) and (b) proceedings on constitutional complaints against decisions or other interferences of public authorities in constitutionally guaranteed fundamental rights or freedoms. In proceedings on derogation of laws, we found that judicial decision-making behaviour has at least partially a political character. The reason is, in particular, that (a) judges decide in favour of proposals for derogation of laws filed by legislators (deputies or senators) of the same political affiliation as the judges' appointing president more often than when the legislator's political affiliation is the opposite; (b) ideological assessment of the analysed decisions shows that ideological aspects of the decision-making of judges significantly correlate with the presumed ideology of their appointing president. Moreover, the differences in judicial activism are smaller than the differences between legislators of opposite political...
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Legal control of the constitutionality of legislative acts and a modern state governed by the rules of law
Juhás, Juraj ; Pinz, Jan (advisor) ; Suchánek, Radovan (referee)
The main question of this thesis is how a constitutional review in a modern Rechtsstaat should look like. In the general part we define basic principles of a modern Rechtsstaat and look for particular patterns of constitutional review which do not violate these principles. The leading ideas are the principle of legality, the principle of people sovereignty, the principle of rule of good law (protection of human rights) and deconcentration of power. Moreover, we describe the historic development of this phenomenon in England, in the United States of America, in Austria and in Czechoslovakia. At the beginning of the general part we compare in an international analysis cardinal aspects of constitutional review in the world and we postulate theoretical models. The core of this thesis is a legal analysis of the constitutional review in the Czech Republic. At the end we consider an ideal model of constitutional review in a modern Rechtstaat. This thesis finds out that constitutional review in the world and especially in the Czech Republic is performed by courts. This situation violates above all the principle of the sovereignty of the people. A legislative act is an expression of volonté générale and must not be declared void by a body which is not elected by people and not responsible to anybody. In any...
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An Economic Analysis of the Cross-Border Insolvency Proceedings within the context of the Changes of the Council Regulation (EC) No 1346/2000
Juhás, Juraj ; Richter, Tomáš (advisor) ; Břízová, Pavla (referee)
The content of this bachelor thesis is an economic analysis of the cross-border insolvency proceeding held according to the Council regulation (EC) No 1346/2000 on insolvency proceeding and proposals of its amendment. It is focused mainly on changes regarding the possibility to request an opening secondary proceeding and changes regarding the insolvency of groups of companies. A basic framework for evaluation of a profitability of a secondary proceeding opening for a concrete creditor was introduced at the end of the chapter II. It involves three main factors: ratio of relative shares on the realization of debtor assets in the case a secondary proceeding was opened and in the case I was not opened; additional incomes caused by the fact that the debtor assets were administered as a whole (the assets were not liquidated by parts in several parallel insolvency proceedings) and transaction costs. The proposed changes of the cross-border insolvency law in the European Union concerning a limitation of the right to request the opening of a secondary proceeding and obligatory cooperation between proceedings regarding a member of the same group of companies are then evaluated with respect to this basic framework.
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