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Rationalisation of the European regulatory framework
Šilhánová, Martina ; Tichý, Luboš (referee) ; Zemánek, Jiří (advisor)
87 Abstract Title of thesis: Rationalization of European regulation framework Abstract The purpose of my thesis is to analyse European legal system and evaluate positive aspects of Better Regulation Strategy on the rationalization of European legal system. Main shortcomings of the current European legal system are identified in enormous number of legal acts that are low quality, misunderstandable, inconsistent and incoherent in parallel. These features have a negative impact on implementation of individual legal obligations and on low effectiveness of the European legal system. The thesis is composed of three chapters. Chapter One is introductory and describes the Legal framework for the Approximation of Laws according to Chapter III of Title VII "Common Rules on Competition, Taxation and Approximation of Laws in the Treaty on the Functioning of the European Union (hereinafter "TFEU"). Part Two deals with methodologies that are applied for the Approximation of Laws. Part Three focuses on the division of Legislative powers between EU institutions and Member States. Chapter Two provides an outline for secondary legislation with its distinction based on whether or not legally binding legal acts are. The special emphasis is devoted to the role of soft law in the European legal order and modifications that were...
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The issue of the reference for preliminary ruling with a special regard to proceedings initiated by courts of the Czech Republic
Zvárová, Daniela ; Král, Richard (referee) ; Tichý, Luboš (advisor)
Resumé The date of May 1st, 2004 constitutes an historic moment in European Integration. It signifies an enlargement of the European Union from 15 to 25 countries including Czech Republic which had an impact on many areas. In the field of law there were suddenly lots of cases when the European law became immediately applicable. As a result of collision between the European and the national law there may arise a question of interpretation or validity of the EU law. Preliminary reference procedure, which is laid down in Article 267 of the Treaty on the functioning of the European Union, is applied when the judge of a national court faces with such a question; it facilitates the dialog between the national courts and the Court of Justice of the European Union. The preliminary reference procedure is what is dealt with in the diploma thesis which is called "The issue of the reference for preliminary ruling with a special regard to proceedings initiated by courts of the Czech Republic." In first two chapters there is outlined the characteristic of this procedure with some specific features and its evolution from the Article 41 of the Treaty establishing the European Coal and Steel Community to the Article 267 of the Treaty on the functioning of the European Union. The third chapter interprets the term "court or...
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