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The concept of affirmative action in case law of the ECJ
Plachý, Robert ; Scheu, Harald Christian (advisor) ; Král, Richard (referee)
Positive Action in Case Law of the ECJ The general purpose of my thesis is to analyse a relevant sources of European Union law particularly the case law of the European Court of Justice relating to the issue of positive action measures and to find out, what attitude to judicial review ECJ applies in its decision- making in this specific area. The thesis is composed of three main chapters, each of them dealing with different aspects of positive action measures. First chapter is introductory and defines basic terminology used in the thesis. This chapter is subdivided into two different sections. Section one explains what the concept of positive action means including classification of its different types and provides justification of its application. Second section focuses on the relationship between positive action measures and the concepts of equality and non-discrimination. Second chapter examines the relevant provisions of EU law which deal with the positive action measures in different areas of application of EU law with special attention to the Charter of Fundamental Rights of the European Union. Third chapter is subdivided into three sections and provides an outline of relevant case law of ECJ in the area of judicial review of positive action measures. First two sections are intended to...
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Member state liability for breach of EU law
Donné, Michal ; Král, Richard (referee) ; Zemánek, Jiří (referee)
1 Resumé Member state liability for breach of EU law Under The Treaty on the functioning of The European union (TFEU), Member States have the primary responsibility for the application of EU law. The Commission has the authority and responsibility to ensure respect for EU law. At the end of 2008, the rules of the Treaty were supplemented by some 8200 regulations and just under 1 900 directives in force throughout the 27 Member States. The European Court of Justice (ECJ) has developed a general principle of state responsibility for non-compliance with EU law. State liability derives from the fact that EU Member States are responsible for the implementation and enforcement of EU law. Enforcement of state liability for violations of rights granted to individuals by EU law is carried out through the national courts of the Member States. Many EU rights, particularly those in the many directives are enforced through the doctrine of direct effect of directives: the state is liable, even where responsibility for the non- implementation of the EU directive lies with other organs of the State. The impact of directives remains limited, however, by the insistence of the ECJ on the exclusively vertical responsibility of the state (vertical direct effect) which prevents enforcement of directives against private...
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The Legal Nature of the Schengen Acquis
Solich, Robert ; Král, Richard (advisor) ; Scheu, Harald Christian (referee)
The Legal Nature of the Schengen Acquis Mgr. Robert Solich Abstract The thesis deals with general legal aspects of the Schengen acquis which represents a set of rules relating to the lifting of the border control at internal borders of the states concerned. It especially focuses on internal structure of the Schengen acquis, at its legal effect and legal forms with their mutual relations during particular phases of the development of the Schengen acquis. The author describes in detail the process of europeisation of the Schengen acquis, which was originally created as a legal subsystem of international law based on the "Schengen agreements" and later integrated into the framework of EU on the basis of the Treaty of Amsterdam. The author elaborates the question of legal effects of the acquis integrated in the EU and its co-existence with newly adopted Community or Union Schengen acquis. Within the analysis, the changes stemming from the Treaty of Lisbon are taken into account as well. The thesis further deals with territorial scope of the Schengen acquis and the EU case-law relating to the acquis in question.
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Free-lance professions under the law of the EU
Veverová, Jana ; Scheu, Harald Christian (advisor) ; Král, Richard (referee)
Free-lance professions under the law of the EU The free-lance professions under the law of the EU serve for the topic of the present thesis. They represent a special category of occupations playing though a significant role in the daily life of the society and in the economic events of both the state and the European Union. They distinguish from other forms of businesses by the "liberty" of carrying out, i.e. the independence on the direct state supervision. It is impossible to find among EU member states neither the identical term of a free-lance profession, nor the categories of the professions considered to be included. The term might regard advocates, architects, but also journalists, writers, artists etc. Neither do the EU member states agree on the content of individual activities, or usually performed duties. As some of these occupations are significantly linked to the public interest, the member states tend to increase their regulations. The first part of the thesis deals with differences of conceptions in individual member states, as well as with their common basis. The aim of the EU is to overcome the discrepancy of national regulations and to unify the conception. The common basis served as an inspiration for the definition of the free-lance professions on the European level. The EU law adjusts...
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Historical development of the concept of free movement of persons in European law
Vejsadová, Ivana ; Tomášek, Michal (advisor) ; Král, Richard (referee)
The historical evolution of the concept of free movement of persons within the European law Abstract The thesis focused on what for us, citizens of the European Union means the free movement of persons and how the content of this concept has changed and is still changing, depending on the key documents adopted by the European Union and the decisions of the Court of Justice of the European Union. In the first chapter you can find the historical overview of the most important treaties and legislative acts of the European Union, which affected the evolution of the free movement. In subsequent chapters the focus is on case law of the Court, the case studies, where we see a shift in the understanding of freedom of movement of persons as a fundamental freedom .Originally the term was used only in connection with economically active persons, i.e. workers, self-employed persons and legal entities that have benefited from freedom of establishment in Member States of the European Union. Later, thanks to the European Union citizenship, the freedom of movement was extended to all EU citizens, including the non-working such as students, retirees or family members of citizens of the member states. Also the family members coming from the third countries were provided with the rights concerning free movement. The purpose...
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The Judiciary - Europa's (il)legitimate Child?
Štamberk, David ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
The thesis is focused on examination of issues of legitimacy of the Court of Justice of the European Union. The problem is perceived in the context of the growing importance of the judiciary both at national and international levels. Judges are increasingly forced by circumstances to shape law. Their role in the system of bodies of states and international organisations is thus changed. The courts of the highest instance in particular become political actors. Traditional (functional) conception of their legitimacy, based on the requirements of professional credit, independence and impartiality, is then shown to be insufficient and must be supplemented by democratic legitimacy and proven existence of the legitimizing chain. Due to growing influence of international courts of justice this problem is projected to the international level. In the case of the Court of Justice of the European Union the whole problem is even more intense for its supranational character and influence, which it acquires consequently. It should therefore be at the forefront of efforts to improve the legitimacy of the international judiciary. The current situation however does not really corresond to it. Improvements in the appointment of Judges and Advocates-General were therefore proposed. Larger involvement of the European...
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