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The impact of CJEU case law on the interpretation of the fundamental rights to privacy and data protection
Filipová, Paula ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
in English This thesis deals with the right to personal data protection as enshrined in Article 8 of the EU Charter of Fundamental Rights (the Charter) and its relationship with Article 7 Charter, the right to respect for private and family life. Since both of the rights have immediate relevance for EU data protection, their coexistence in the Charter necessitates an explanation as to their relationship, interaction and the merit of adding an independent right to personal data protection. However, such explanation is difficult to trace. International human rights instruments have traditionally safeguarded the protection of personal data by the right to privacy. The common constitutional traditions of the Member States differ significantly in the enactment of data protection and the EU legislation in force is likewise treating data protection as a privacy subset. The thesis firstly attempts to assess whether the right to personal data protection is capable of autonomous standing, detached from the privacy right and secondly, whether the CJEU allows the right to personal data protection to stand as an autonomous right in reality. To deal with the first research task, the paper analyses the doctrinal sources discussing the personal data-privacy concepts and seeks to identify the value of Article's 8...
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Changes of the EU asylum and migration law in the light of the current refugee crisis
Müller, Daniel ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
This thesis deals with the proposed changes in the area of EU asylum and migration law in the light of the current refugee crisis. EU asylum and migration law are two separate areas between which there is a "close connection". The paper describes EU asylum and migration legal framework, then delimits the term "refugee crisis" and reviews recent measures taken or proposed by the EU. The thesis is divided into 3 chapters. In the first part of the paper the author follows up the legal framework which encompasses both international legal instruments (1951 Refugee Convention and others) and EU primary law and secondary acts. The second chapter is dedicated to analysis of the "refugee crisis", its crises factors, as well as to reflections on the characteristic of this crisis as a state of emergency. The last chapter, which is internally divided into two subchapters, concerning asylum and migration law, relates to particular measures taken by the EU during the crisis. The subchapter which deals with the asylum law includes the following topics: on the one hand it describes ad hoc measures to tackle the migration crisis in Italy and Greece, on the other hand it analyzes proposals of a system reform (e.g. proposal for a permanent EU relocation mechanism, reform of the Dublin system, completing the reform of...
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Article 351 TFEU in the context of the Kadi case law
Karpíšek, Ondřej ; Král, Richard (advisor) ; Svobodová, Magdaléna (referee)
Submitted thesis deals with the Kadi case law of both the General Court and the Court of Justice. It focuses mainly on its structural aspects and the specific procedural standards which are to be applied according to the ECJ's Kadi case law in the context of counter terrorist measures aimed at individuals are only briefly mentioned. While the General Court dismissed an action lodged by Mr. Kadi on the ground that EU's measures strictly implementing UN Security Council resolutions cannot be reviewed in light of their compliance with EU's human rights principles, the Court of Justice held in favor of the applicant. Although both instances departed from the same point that is, that it is the EU law which determines the status and effects of international law within the EU law, they differ in terms of what the EU law says about the status of the Charter of the UN within the EU law system. The General Court based its decision on the combination of succession of the EU into international obligations of its member states established in the 1970s and articles 347 and 351 TFEU. The succession is required because for a legal norm to serve as a standard of review it needs to be intenally binding on the Union and the article 351 TFEU or its sibling is required to elevate the Charter of the UN (and the UN...
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Commitment Decisions in EU Competition Law
Rott, Martin ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
Regulation 1/2003 empowers the European Commission to issue a decision, by which it makes commitments offered by the parties to the proceedings legally binding. Although being an alternative to the prohibition decision, it has become a predominant type of decision the Commission uses to tackle various antitrust issues, save from the area of secret cartels. This thesis primarily focuses on the effectiveness of commitment decisions, exploring various features contributing thereof. The first chapter outlines the main changes to the enforcement of EU competition law brought by Regulation 1/2003. The second chapter provides a necessary background for the subsequent analysis by introducing the legal framework for the adoption of commitment decision, followed by an explanation of the importance of effectiveness in public enforcement of EU competition law. The fourth chapter analyses effectiveness of the commitment procedure, which is narrowed down to the quickness of the procedure leading to the adoption of the final decision. The author observes that the procedure provides for more rapid resolution of cases, but it contains various drawback negatively affecting the quickness of the procedure. The fifth chapter is devoted to the enhanced effectiveness of commitments, mainly in comparison to remedies which...
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Posting of workers in the European Union
Jankovcová, Kristýna ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
The aim of this thesis is to present the phenomenon of posting workers within the EU in the context of the freedom to provide services. The author introduces the de lege lata legal framework in a complex and chronological manner, taking into consideration the motives and political pressure behind key modifications. Accordingly, the thesis examines relevant Treaty provisions, case law and its evolution, key secondary acts, as well as the relation of such sources to legal acts which address posting workers in an indirect manner. The author focuses on the analysis of existing key provisions, their practical impact and insufficiencies. However, she also approaches the topic from the de lege ferenda perspective by presenting the ongoing revision of the current legal framework and by considering other potential changes which could improve the regulation of posted workers in the future. Furthermore, the thesis demonstrates the complexity of posting workers by drawing attention to the colliding interests of involved member states and parties, showing the sensitivity of the subject. This underlines the fact that the phenomenon cannot be separated from its political context and is condemned to a constant balancing of two colliding interests - the freedom to provide services and social protection of posted...
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Legal status of family members of Union citizens in light of European Union Law
Jirsa, Tomáš ; Scheu, Harald Christian (referee) ; Svobodová, Magdaléna (referee)
The objective of this thesis is to analyse the issues related to the legal status of family members of European Union citizens in light of European Union law, and to compare the rights of family members of EU citizens with the rights of the other third country nationals (further referred to as TCNs) and the EU citizens themselves. The first chapter deals with the institute of EU citizenship and especially stresses the importance of the right of EU citizens and their family members to move and reside freely within the territory of Member States which is connected with the status of an EU citizen. The second chapter is related to the different definitions of family members in EU secondary legislation. The third chapter examines in detail specific rights (e.g.: the right of entry and residence to the territory of the host Member State, protection against expulsion) which are connected with the status of the family member of EU citizens on the one hand and the status of the TCNs on the other hand. The thesis attempts to answer to the questions related to the legal status of family members and tries to suggest possible future adjustments of EU legislature.
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State Aid and Financing of Transport Infrastructure under the EU law
Albrecht, Patrik ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
This diploma thesis deals with state aid and financing of transport infrastructure under the EU law. The main aim of the thesis is to answer the question, whether the financing of transport infrastructure is a state aid and if it so, would it be compatible with the internal market. Member States have to ask these questions while they are deciding whether they should use public funds for specific infrastructural project in transportation industry. The thesis is divided into two main parts. In the first part author is focused on airport transportation industry, which has been liberalized since early 90's of 20th century. Thanks to the market opening the completion came in and Commission started to control financing of airport infrastructures. Airports were no longer recognized as an infrastructural facilities and their operators were found as an undertaking in the sense of competition judicature. That is why the first chapter is dealing with the historical excursus of state aid law in the field of aviation infrastructure. The author describes the fundamental decisions of Commission and the Court of Justice of the European Union; a great focus is placed on analysis of the decision on the Leipzig- Halle case. In the third chapter of the first part, there is a deep analysis of the relevant documents...
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The selectivity criterion in the field of State aid in the light of the ECJ's case-law
Hlista, Jakub ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
The selectivity criterion is one of the defining elements of State aid within the meaning of Article 107(1) TFEU. The selectivity criterion is considered to be the most important and the most problematic in its application in the assessment of Member States' measures at the same time. The aim of this work is to analyze the development of ECJ's case-law and the Commission's decisional practice related to the selectivity criterion and by means of their analysis to point out the disputableness and lack of clarity of the selecivity criterion and to critically assess the unpredictability and questionable character of certain judgments of the ECJ. The first chapter deals with an introduction to the issue of State aid, subsumes it under the system of competition and describes the defining elements of State aid. The second chapter analyzes one of the two features, into which the selectivity criterion divides, referred to as an advantage. It describes both the broad concept of advantage and also a way how to identify an advantage. It also addresses the exceptions and specific regimes to which the provisions on State aid in principle do not apply. The third chapter considers general issues relating to the second feature of the selectivity criterion, which is selectivity (in the strict sense). It also pays...
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Relocating registered office of a business corporation within the European Union
Jirková, Pavla ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
The idea of internal market is one of the basic concepts of the European integration. The internal market of the European Union is a single market in which the free movement of goods, services, capital and persons is ensured. This thesis focuses on the free movements of legal persons in the European Union, namely freedom of establishment and the possibility of cross-border transfer of a company's registered office. This business focused freedom is regulated mainly by primary law in Articles 49 a 54 TFEU and its main objective is to enable the exercise of economic activities even in the territory of other Member States. The aim of this thesis is to investigate the regulation and development of case law regarding freedom of establishment of companies and give their comprehensive analysis. Furthermore, the thesis points out the fact that the choice of company's seat and its change is often associated with advantageous conditions laid down by national legislation. Companies often choose countries which have minimum requirements for their establishment and existence. States are aware of this behavior. Consequently, some of them reduce their legal standards and try to attract companies into their territory. This may cause the battle of jurisdictions. The thesis consists of the initial and final part and...
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Transfer of delictual liability in competition law
Pelikán, Michal ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
Transfer of delictual liability in competition law The issue of delictual liability for anti-competitive practices and subsequent identification of party which is to be penalized for them is, with regard to effective protection of competition, a crucial one. However, it is also a topic which is, with a few notable exceptions, often addressed only superficially. This work therefore aims to perform thorough analysis of rules applicable to transfer of delictual liability both on European and Czech national level. For this purpose, it is divided into two major and comparatively separate parts. First of them is devoted to a detailed analysis of the European court of justice case-law related to the possibility of transfer of liability from the original infringer to a different legal entity. The aim is not only to identify particular criteria, which may affect such transfer of liability, but also to illustrate the direction in which the case-law of the European court of justice evolved and in which it is probable to continue heading in the future. The second part of this work deals with regulation of the transfer of liability within the Czech legal framework, commencing with adoption of Act no. 63/1991 Coll., on the Protection of Competition, up to the present. Considering the decisive influence of the...
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