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Dual criminality test under the European arrest warrant within the context of prosecuting the Catalan politicians.
Khinová, Gabriela ; Tomášek, Michal (advisor) ; Gřivna, Tomáš (referee)
The thesis deals with the issue of dual criminality test under the European arrest warrant. The aim of the thesis is to analyze the way of applying the dual criminality test between the Member States of the European Union while surrendering persons. It focuses on the European arrest warrants issued against Catalan politicians in relation to the Catalan referendum regarding the independence from the Kingdom of Spain and the subsequent decisions of the Belgian and German courts. The thesis is divided into seven parts. The first part introduces the dual criminality test, including the methods of interpretation or its problematic aspects. The second part summarizes the long-standing genesis of judicial cooperation in criminal matters at the European level, leading to the adoption of the European arrest warrant, which will enable a better understanding of the continuing will to apply the dual criminality test. The provisions of the European arrest warrant are discussed in the following part. The case law of the Court of Justice of the European Union concerning the dual criminality test is introduced as well. As the thesis is set in the context of the Catalan crisis, the fourth part highlights the key moments, adopted legal acts and the acts of the main protagonists of the case, which not only led to the...
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Non-contractual liability of the EU
Navrátil, Petr ; Tomášek, Michal (advisor) ; Král, Richard (referee) ; Sehnálek, David (referee)
Non-contractual liability of the EU Abstract The aim of this thesis is to systemize the history of EU non-contractual liability; to analyse in detail the current concept of non-contractual liability of the EU, including procedural and substantive law aspects; to present a brief comparative analysis of selected national legal systems and their role in the regarding the general principles common to the laws of the Member States (and vice versa to reflect on the influence of EU non-contractual liability and its' possible role in the europeanization of administrative law); to contextualise non-contractual liability of the EU (with regard to constitutional, international and national aspects) and to consider compensation for damages caused by the EU as a tool for (un)effective judicial protection of individuals. Research methods are content analysis and comparison. This thesis is divided into seven chapters. The first chapter is introductory and defines the subject of research, the methods used and terminology. The second chapter deals with an analysis of the current state of professional debate on non-contractual liability of the EU. The main part of the thesis focuses on the identification of problems connected to non-contractual liability of the EU and contextualization of those problems. In that regard...
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Comparative analysis of client's protection in banking and insurance services within the EU
Vacková, Markéta ; Tomášek, Michal (advisor) ; Kunertová, Tereza (referee)
The objective of this thesis is to compare measures of consumer protection and its level in insurance and banking services in the EU. The premise is that the measures are very similar because both areas are subject to financial services law and as such they are similarly regulated. The first part of this work analyses and examines Insurance Distribution Directive and its contribution to consumer protection. The thesis compares Insurance Distribution Directive with Insurance Mediation Directive which is the legislation in force as of the time of writing this thesis. The second part of the thesis analyses, examines and compares Consumer Credit Directive and Mortgage Credit Directive and their contribution to consumer protection. The third part of the thesis compares the two previous parts and describes the reasons for different approaches taken in the researched legislation. The result of the analysis is that the measures taken for consumer protection are indeed very similar with differences originating from the nature of the services. The most elaborated directive which ensures the highest level of consumer protection is Mortgage Credit Directive and it is due to the significance of mortgage credit for lives of consumers and for the economy. Insurance Distribution Directive offers higher level of...
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Patient's rights in cross-border health care in the European Union
Čípová, Iva ; Tomášek, Michal (advisor) ; Van Beersel Krejčíková, Helena (referee)
The subject-matter of this master thesis is cross-border healthcare in the European Union. It describes the history and development, but focuses mainly on the current legal framework represented by Regulation No 883/2004, and mainly Directive 2011/24 on the application of patients' rights in cross-border health care. The aim of the master thesis is to thoroughly analyse the current legal framework with a focus on patients' rights, to examine the impact of the Directive, to explain an issue of overlap between the Directive and Regulation, and to evaluate the transposition of the Directive in the Czech Republic. To achieve this aim, it is necessary to examine the topic with respect to the historical and political development of the European Union and to the case law of the European Court of Justice. The thesis is divided into four chapters. First of which concerns European Union competences in health law, explaining the history of incorporating health law provisions into the Treaty on the Functioning of the European Union, as it is called today. This historical development is important for understanding the issue of cross-border healthcare. The second chapter is mainly focused on the important case law of the ECJ concerning patients' rights. Although initially I will discuss the development in...
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Topical issues of the financial independence of the European Central Bank
Novák, Filip ; Tomášek, Michal (advisor) ; Vondráčková, Aneta (referee)
Topical issues of the financial independence of the European Central Bank The thesis aims to introduce the role of the European central bank during the financial crisis, including the legal aspects and risks related to conduct of non-standard measures of monetary policy, and to analyse concerned case law of the European court of Justice. Accordingly, this thesis attempts to point to the shortcomings and uncertainty of the interpretation of the primary law and to summarize the historic development of this legal issue. For this purpose the author draws on the historic context of the conduct of monetary policy of the European central bank and in particular on European court of Justice decisions. The thesis attempts to link the legal aspect with the economic aspect, which the author perceives as an essential attribute for a correct understanding of the whole issue. Key words: monetary policy, ECB, financial independence
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Investment Policy of the European Union - protection of foreign direct investment
Štamberk, David ; Tomášek, Michal (advisor) ; Balaš, Vladimír (referee) ; Křepelka, Filip (referee)
Investment Policy of the European Union - protection of foreign direct investment Abstract One of the changes brought about by the Lisbon Treaty is the explicit inclusion of foreign direct investment and its protection in the common commercial policy of the European Union. This is one of the areas of exclusive competence of the EU. The European Union has subsequently stated negotiating bilateral agreements governing, inter alia, investment issues. However, it has not been spared from controversy and negative publicity that has been accompanying especially the TTIP and the CETA. This work aims to analyse the investment policy of the EU and mutual interaction of its institutions with the Member States and third parties. After general introduction to the topic of international investment law and EU law (chapters II. and III.), it is devoted to the issue of protection of foreign investment in the internal market. Its regime is then compared with the BIT regime (chapter IV.). Attention is then focussed towards the EU's external relations in the field of investment protection. Its competence is subjected to further analysis (chapter V.) and current results of efforts of the Commission and the EU as such are also discussed (chapter VI.). It is so in the light of possible impacts of foreign investment in terms of...
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Perpectives of harmonization of direct income taxes within the European Union
Vondráčková, Aneta ; Tomášek, Michal (advisor) ; Bakeš, Milan (referee) ; Forejtová, Monika (referee)
The theme of this dissertation thesis is: The perspectives of harmonization of direct income taxes in the European Union. The reason for choosing this topic was firstly the current issue, which offers a wide scope for research and polemic over new approaches and solutions in the European and international tax law. The European Union is a supranational organization founded on the principle of conferral of powers. The ideas of the approximation of the laws are not only its own, but occur throughout the world community, because thanks to the harmonization of certain legislation the benefits of international trade can maximize. The idea of exclusion from economic cooperation today is practically unrealistic. In the European Union the harmonization of laws is directly related to the development of the internal market. The European Union has a long-term goal to create a market that acts as a market of one country. The instrument of harmonization seeks to eliminate differences in legal systems so as not to impede the implementation of the four fundamental freedoms of the internal market. Taxation is a very specific and also sensitive area. The area of taxation is traditionally perceived as a sovereign expression of state sovereignty. The aim of this thesis is the attempt to find the best solutions how to...
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Chinese Antimonopoly Law in the Light of Competition Law of the European Union : Comparative Perspective
Dufková, Barbara ; Šmejkal, Václav (advisor) ; Tomášek, Michal (referee)
Chinese Antimonopoly Law in the Light of Competition Law of the European Union: Comparative Perspective. The subject of the thesis is the comparative analysis of Chinese antimonopoly law and competition law of the EU. The thesis aims to identify the traces of the competition law of the EU in Chinese antimonopoly law as well as analyze transplanted legal concepts, in order to determine, whether these concepts are endowed with the same normative reach. The first part of the thesis provides brief introduction into the history of antimonopoly law in PRC. Following chapters analyze relevant parts of AML and implementing regulation, which are after short description of the corresponding arrangement in European law compared with the latter. General principles and definitions, which are applicable in all pillars of competition law, are dealt with in the first place. Further the analysis of the agreements restricting competition, abuse of dominance, as well as mergers of undertakings follows. With regard to the importance of effective application of antimonopoly law in practice, a short chapter is also devoted to the role of courts in implementation of antimonopoly law in PRC. The closing part sums up the pillars of competition law, which have been built on the model of the competition law of the EU and...
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Civil aviation in the EU and the CR from the perspective of Union law
Čech, Martin ; Tomášek, Michal (advisor) ; Ondřej, Jan (referee)
143 Abstract The present diploma thesis is dedicated to European civil aviation and in particular to the regulation of provision of air navigation services and air traffic management. The purpose of the thesis is to analyse the evolution of the legislative reform of air navigation services and air traffic management in Europe with a focus on the influence of European Union law through the initiative "Single European Sky". Next, the thesis aims to study the main elements of the modernisation efforts and to point at the transformation of the situation and relationships between the relevant stakeholders as results from the new form of the regulatory and institutional framework. First chapter presents the principle of state sovereignty over the airspace which constitutes the fundamental principle of aviation law. Second chapter treats air navigation services and the legal regulation of their provision according to the Convention on International Civil Aviation. The following chapter introduces the summary of main organisations involved in civil aviation focussing on ICAO, EUROCONTROL, European Union, its status, the systematics of EU law and on the European Aviation Safety Agency. The fourth chapter discusses the EU common transport policy in the field of air transport, the progressive air transport...
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Transformations and trends in the case law of the court of justice of the EU in the field of the internal market after 2004
Petrlík, David ; Tomášek, Michal (advisor) ; Smolek, Martin (referee) ; Mazák, Ján (referee)
There have been three main sets of trends in the case law of the Court of Justice of the European Union in the field of the internal market after 2004. The first set of trends concerned the criteria of legal analysis, i.e. the scope of EU rules on free movement, the concept of the restriction of free movement and the justification of such restrictions. The second set of trends in the case law is related to the fact that the Court completes its legal analysis by considerations linked to its value orientation of the Court, i.e. its liberalism, social tendencies, protection of fundamental rights, pragmatism and proactivity. The third trend in the case law of the internal market consisted in changing the focus of case law in the sense that the Court has begun to deal with more and more cases from sectoral fields, i.e. fields covered by secondary law.
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