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Freedom of religion in European and international law and its relationship with other fundamental rights
Bartoň, Daniel ; Scheu, Harald Christian (advisor) ; Zemánek, Jiří (referee)
This essay explores freedom of religion or belief starting with religious and philosophical overview and elaborating especially on manifestations of religion or belief, and conflicts with other rights and freedoms guaranteed on national, European and international level (such as freedom of expression or right to education). It challenges division of religious freedom on forum internum and forum externum as being inappropriate to holistic perception of religion by many believers. The essay focuses predominantly on the European Convention for the Protection of Human Rights and Fundamental Freedoms and the case_law of the European Court of Human Rights which is interpreting and complementing the Convention. It also gives a brief overview of freedom of religion in the European Union (anti_discrimination legislation) and the United Nations and depicts their instruments for the protection of the freedom.
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Rationalisation of the European regulatory framework
Šilhánová, Martina ; Zemánek, Jiří (advisor) ; Tichý, Luboš (referee)
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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Member state liability for breach of EU law
Donné, Michal ; Král, Richard (referee) ; Zemánek, Jiří (referee)
1 Resumé Member state liability for breach of EU law Under The Treaty on the functioning of The European union (TFEU), Member States have the primary responsibility for the application of EU law. The Commission has the authority and responsibility to ensure respect for EU law. At the end of 2008, the rules of the Treaty were supplemented by some 8200 regulations and just under 1 900 directives in force throughout the 27 Member States. The European Court of Justice (ECJ) has developed a general principle of state responsibility for non-compliance with EU law. State liability derives from the fact that EU Member States are responsible for the implementation and enforcement of EU law. Enforcement of state liability for violations of rights granted to individuals by EU law is carried out through the national courts of the Member States. Many EU rights, particularly those in the many directives are enforced through the doctrine of direct effect of directives: the state is liable, even where responsibility for the non- implementation of the EU directive lies with other organs of the State. The impact of directives remains limited, however, by the insistence of the ECJ on the exclusively vertical responsibility of the state (vertical direct effect) which prevents enforcement of directives against private...
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