|
|
Omission of EU's member states leading to the liability for damage
Škarpichová, Jarmila ; Svoboda, Pavel (advisor) ; Král, Richard (referee)
OMISSION OF EU's MEMBER STATES LEADING TO THE LIABILITY FOR DAMAGE RESUMÉ This thesis deals with the responsibility of the member states of EU for damages caused by failure of member states. Both problems are solved in this work, as general requirements for liability relationship, as description of these failures modes with numerous references to case law of the European Court of Justice. Indeed, case law represented a huge range of sources for this thesis. To sum up the work into several points, we can start by making a breakthrough in the issue of liability in the European Union which Francovich case meant. This case established the rule that it is the responsability of member states to implement EU law properly and in time and provide protection to the rights that follow these standards. This rule was followed by other cases which are called "the first generation of cases liability" by many authors. Typical liability sentence: unlawful act (caused by the EU's institution), the damage suffered by the other party and the causal nexus, was subsequently supplemented by the Schöppenstedt criterion, which established the rule that during the process of adopting EU's legislation must be sufficiently serious breach of the law standards, which serves to protect the individual. The last unification of the...
|
|
| |
|
|
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...
|
|
|
The leniency programme in the european and czech cartel law
Tučková, Zuzana ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
The aim of this thesis is to introduce the concept of the leniency programme and to describe its development and current legal regulation in the European Union and the Czech Republic, to evaluate its rules, its effectiveness and morality. The thesis also explores the relationship between leniency programme and other instruments in antitrust law enforcement. Leniency programme lies in granting full or partial immunity from sanction to the member of a cartel that reports the existence of this cartel to the antitrust authority. The thesis describes the key features of an effective leniency programme and compares these general postulates with real facts from the practise of the European Commission and the Office for the Protection of Competition. The thesis continues with pointing out the differences between European Commission notification issued in the years 1996, 2002 and 2006 and it describes how the programme works nowadays. It also focuses on the cases in which the Commission used the leniency programme. It also deals with the issue of European Competition Network and its Model Leniency Programme. Then it describes the leniency programme in the Czech Republic and the decisions by the Office for the Protection of Competition on the basis of leniency application. The comparison of Czech and...
|
|
|
The recognition of professional qualifications within the free rendition of services in the law of the European Union
Hradil, Jan ; Svoboda, Pavel (advisor) ; Pomahač, Richard (referee) ; Šmejkal, Viktor (referee)
The recognition of professional qualifications in the framework of the free provision of services in EU law - Summary 30/03/2010 1 The Recognition of Professional Qualifications in the Framework of the Free Provision of Services in EU law Jan Hradil It took the Community fifty years and a great deal of direction from the Court of Justice to create a single horizontally applicable legal framework of the free movement of services. Rules on the recognition of professional qualifications form an essential part of this framework as qualification requirements are a pre-condition to the exercise of regulated professions or activities in the Member States. In fact, qualification requirements and related requirements as to other types of aptitudes or competences often constitute the greatest obstacles to the cross-border provision of services of regulated professions. Indeed, this is one of the reasons why for a long time in certain sectors rules on qualification recognition constituted the only existing secondary law framework of the free movement of services. The legal framework governing qualification recognition has been subject to dynamic development which can be seen as a four-stage process. During the first stage, which roughly corresponds to the transitional period for the realization of the freedom of...
|
|
|
A comparison of the control over horizontal mergers in the EU and the USA with a special focus on advantages of a merger and the protection of an insolvent company
Svoboda, Karel ; Svoboda, Pavel (advisor) ; Zemánek, Jiří (referee)
A comparison of merger control in the EU and the USA focusing on efficiency defence and failing company defence This paper compares the interpretation of efficiency defence and failing company defence in horizontal mergers in the EU and the USA. The arguments for each were first introduced in the decisional practice of US antitrust authorities and then included in the Merger Guidelines. Over the years both types of defence have been used in US antitrust law. Harsh criticism of the prohibition of several mergers at the beginning of the 21st century led to the reform of European merger control. Among other things, the reforms introduced efficiency defence and failing company defence. Given the complexity of competition law and the many factors that influence it, several background issues must first be analyzed, such as basic economic theories of competition law, the economic grounds for mergers and the political background. After comparing the relevant written law, the case law regarding efficiency defence and failing company defence in both jurisdictions is described. In this way the developments of the doctrines are clearly visible. Subsequently the current situation is described by comparing the requirements set by written law and their interpretation by decisional practice. It was found that the...
|
|
|
Benefit and implementation of the Directive of Services
Kotrlá, Marie ; Král, Richard (advisor) ; Svoboda, Pavel (referee)
Marie Kotrlá Benefit and Implementation of the Directive on Services The purpose of my thesis is to analyse benefit and implementation of the Directive on Services in the Internal Market. The Directive on Services is a significant legal EU act aimed at removing barriers to the freedom of establishment for providers in Member States and obstacles to the free movement of services between Member States and providing guarantee of the legal certainty necessary for the exercise in practice of two fundamental freedoms of the internal market in practice to recipients and providers. Chapter One offers a basic overview of two fundamental freedoms of the internal market - the freedom of establishment and free movement of services, deals with the necessity of adoption of a new EU regulation and describes the process of adoption of the Directive on Services. Chapter Two explains selected provisions of the Directive. Chapter Three deals with the implementation of the Directive into the Czech legal order and describes relevant Czech implementing legislation. The chapter consists of four parts. Part One focuses on preparation of the implementing Act on Free Movement of Services and Part Two illustrates the adopted Act on Free Movement of Services. Part Three addresses the amendment to other acts affected by the...
|
|
|
Directive on environmental liability with regard to the prevention and remedying of environmental damage and transposition in the Czech legal system
Jelínková, Petra ; Tichý, Luboš (advisor) ; Svoboda, Pavel (referee)
The subject of my master thesis is the EU directive 2004/35 on environmental responsibility, prevention and damage redress, its implementation into the legal order of the Czech Republic and the potential impact of undue transposition of the directive. The first part of my thesis deals with the harmonization need in this area and with the directive itself. Following a brief introduction of the directive, I'm presenting an overview of its basic institutes and their legal form. I'm also making an effort at identifying possible shortcomings of the directive. The basic institutes of the directive include: key principles, the environmental damage itself, operational activity, responsibility mechanisms, financial safeguards and the administrative procedure to impose a preventive or a remedial provisions. The second part of my thesis deals with the theoretical aspects of appropriate implementation, such as the interpretation of the directive, a timely adoption of the transposition provisions, proper projection of the content of the directive, due form of the transposition provisions, the application of EU norms, the equivalence and effectiveness imperative and the internal Czech rules for the implementation of EU norms that have been laid down by the governmental provision Nr. 1304 (methodological directions). The...
|
|
|
Changes in common foreign and security policy in the Lisbon Treaty
Jirsenská, Lucie ; Tichý, Luboš (advisor) ; Svoboda, Pavel (referee)
prfce v anglick6mjazyce Changesin CFSPin the Lisbon Treaty Europe's aspiration to gain position of important player in the international relations goesalong with the origins of the Europeanintegrationprocess.Common foreign and securitypolicy (CFSP)and its predecessor,Europeanpolitical cooperation,arevery important partsof the Europeanintegrationprocess.Lisbon Treaty shouldhavehelped the Union to build more effective and coherentfunctioning in general.That is why I decidedto elaboratea thesison thetheme,,Changesin CFSPin theLisbonTreatf'. The purposeof my thesisis to analyzethe most significantchangesin the CFSpthat wasintroducedby theLisbonTreaty. The thesis is composedof eight main chapters.The first one is introductory and containsthreemain hypothesisthat needto be answered.The secondchapterfocuses on main aspectsof CFSPfrom thehistoricalperspective. Chapterthree and four are dealing with the problem that the aims are not laid down specifically for CSFP,but generallyfor the externalaction, andtry to make systematic enlistmentof CFSParea. Chapterfour showsthat CFSPis still seperatedandhasspecialpositioneventhoughit is not saidsodirectly.We cansaywe havetwo-pillar structure. In chapter five it is written about the fact that the Union is finally grantedwith the legalpersonalityin theLisbonTreaty....
|
|
| |
guest ::
RSS feed.