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Diplomatic privileges and immunities of bodies and workers of the EU institutions
Cvoligová, Karolína ; Scheu, Harald Christian (advisor) ; Faix, Martin (referee)
Diplomatic privileges and immunities of bodies and workers of the EU institutions Le sujet de ce travail est de présenter des privilèges et immunités concernant l'Union européenne en tant qu'organisation internationale, ses fonctionnaires, agents et autres personnes susceptibles d'agir dans son intérêt. À la différence des immunités des États, accordées à ces derniers au nom de leur égalité souveraine, les immunités des organisation internationales se justifient exclusivement par leur caractère fonctionnel. Elles visent en effet à assurer à l'organisation une certaine autonomie et une indépendance indispensables à l'efficacité de son action. L'Union alors jouit des privilèges et immunités nécessaires à l'accomplissement de sa mission. Le document servant de base juridique, dans lequel les privilèges et immunités de l'UE sont définie , est le Protocole du 8 avril 1965 sur les privilèges et immunités des Communautés européennes. Ce dernier a été révisé au 1er décembre 2009 par le traité de Lisbonne. L'UE remlace ainsi, par ce traité, la Communauté européenne, ainsi duquele Protocole sur les privilèges et immunités des Communautés européennes, qui devient le Protocole sur les privilèges et immunités de l'Union européenne. Ce Protocole concerne l'UE, ses organes, les représentants des États...
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The legal framework of the development cooperation of the European Union
Trnka, Ondřej ; Svoboda, Pavel (advisor) ; Scheu, Harald Christian (referee)
The Legal Framework of the Development Cooperation of the European Union (The Legal Framework of EU Development Cooperation) The law of EU development cooperation has evolved dynamically in the recent years and its complex analysis exceeds the possibilities of this thesis. That is why solely two significant groups of legal rules are the object of this study. The first of these are the relevant provisions of the primary law (Part Two); the second then present legal norms which regulate EU development cooperation in its most characteristic form, i.e. as an activity consisting in a systematic providing of dedicated funds in order to support measures designed to achieve development goals (Part Three). Part One is devoted to necessary introductory comments. Part Two deals with the current changes in the primary law concerning the area of development cooperation. It is divided into two chapters. The first of these (Evolution of the relevant primary law provisions) summarizes the developments and importance of the key provisions of the founding treaties affecting development cooperation. A special attention is paid to the legal state before and after the entry into effect of the Lisbon Treaty, as right particular aspects of this transformation are analyzed in the second chapter of this part (Particular...
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National identity as a corrective of the absolute primacy of European law
Benešová, Kristýna ; Tomášek, Michal (advisor) ; Scheu, Harald Christian (referee)
National Identity as a Corrective of the Absolute Primacy of European Law. The aim of this thesis is to analyse national identity within Article 4(2) TEU and the potential of such article to serve as a legal ground for derogation from obligation imposed by EU law. From a wider perspective, the thesis attempts to assess whether introduction of Article 4(2) TEU redefined the relation between national legal orders and EU law. The thesis is divided into three chapters. The first chapter deals with the pivotal principle of EU law primacy. The chapter explains two distinctive approaches adopted by the CJEU (absolute primacy) and the Member States (relative primacy). In the second chapter, the author firstly provides brief history of obligation to respect national identity in the Treaties. Secondly, she examines the content of term "national identity". The author claims that Article 4(2) TEU has a composite (pluralistic) structure, thus, the national courts and the CJEU plays different roles in application of the obligation to respect national identity. The national identity is inherently linked to the constitutional law of Member States, therefore, it must be defined by its constitutional courts. At the same time, the CJEU lacks the competence to interpret national identity as such, however, it is...
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Position of third countries citiziens in the EU
Kolářová, Jana ; Scheu, Harald Christian (advisor) ; Honusková, Věra (referee)
81 The status of third country nationals in the EU - Abstract The thesis deals with the status of third country nationals (further referred to as TCN) in the EU. Its purpose rests in the analysis of the current immigration policy of the EU and the comparison of the different groups of immigrants coming to the Member States from third countries. The objective thesis consists of 6 chapters. Chapter 1 is introductory. It defines the concept of migration and it determines the subject-matter of the thesis, which is the legal migration. Chapter 2 is focused on the historical development of the common asylum and immigration policy in the EU. It is divided into four subchapters, each subchapter describes certain historical period. The heart of the thesis is contained in Chapter 3. It is divided into six subchapters, each of them deals with the specific aspect of the TCN's status (first admission and entrance on the territory of EU, freedom of movement in the EU and right to reside on the territory of Member States, the access to employment and right to equal treatment, the expulsion and withdrawal of the residence right and finally procedural guarantees). Each subchapter is divided into five other parts as it compares the above mentioned aspects according to the legal reason of the TCN's residence. Consequently the...
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Legal aspects of cooperation between the EU and ACP countries
Pšenka, Lubomír ; Svoboda, Pavel (advisor) ; Scheu, Harald Christian (referee)
Legal aspects of cooperation between the EU and ACP countries The origins of the EU cooperation with the group of Sub-saharan African, Caribbean and Pacific countries (ACP Group) date back to the very beginnings of the European integration with Part IV of the Treaty of Rome establishing association of the former colonies of the several founding member states to the European Economic Community. After the colonies gained their independence, their association to the EEC was given a basis of the international law by means of the conventions from Yaoundé (1963, 1969) and Lomé (1975, 1980, 1985, 1990 - revised in 1995). The cooperation between the EC/EU and ACP countries has progressively evolved into a comprehensive partnership encompassing the political, development and economic cooperation. The relations between the EU and 78 ACP countries are actually ruled by the Cotonou Partnership Agreement (2000, revised in 2005 and 2010) which is to be in force until 2020. The EU-ACP partnership constitutes a specific system of international law and probably can be described as the most comprehensive relationship between developed and developing countries. In many ways, the cooperation with the ACP countries represents a special case in the field of the EU external relations and, due to a specific historical...
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The protection of personal data on the Internet under European Union law
Krejčířová, Edita ; Šmejkal, Václav (advisor) ; Scheu, Harald Christian (referee)
The purpose of my thesis is to analyse a development of technologies in comparison with the protection of personal data on the internet under law of the EU. However, it would not be possible to describe every single technology and its reflection in law of the EU. Therefore, the thesis is mainly focused on two most significant internet technologies - cookies and cloud computing. The key for selection of the most important representative technologies was especially a frequency of their use. The thesis is composed of two main chapters, each of them dealing with different aspects of the development of technologies in comparison with protection of personal data on the internet under law of the EU. Chapter One is introductory and defines basic terminology used in the thesis under applicable law of the EU. The chapter is subdivided into two parts. Part One describes personal data and its role in applicable law of the EU. Part Two deals with the specific technologies - cookies and cloud computing. This part particularly points out risks of these technologies and provides possible solutions. Chapter Two analyzes the upcoming reform of data protection in EU. The chapter is mainly focused on proposal for General Data Protection Regulation, which could dramatically change the protection of personal data on the...
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