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Reversed discrimination in the Community contexts
Macháčková, Gabriela ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
Reverse Discrimination in the Community Law Context Gabriela Machačkova The final thesis discusses the issue of reverse discrimination, which arises when nationals/products of a Member State are disadvantaged because they are subject to a national regulatory measure, while foreign (EU) nationals/products are protected from that national measure by virtue of European Community (EC) law. It examines the question of scope of EC Law, specifically focusing on the extent to which nationals of a Member State who have never exercised their Community rights can claim their rights by applying the Treaty establishing the European Community. It addresses the question of extension of the scope of EC law to cover purely internal situations in which no inter-State element is present, and to which the fundamental freedoms (free movement of goods, services, persons and capital) do not apply. First, it reviews the development of European Court of Justice case-law on reverse discrimination and situations which can be regarded as purely internal. The time frame discussed in the thesis ranges from the late 1970s until the present. Reverse discrimination and purely internal situations are analysed in terms of the examples of the Court's jurisprudence. Secondly, as Union Citizenship has been introduced by the Maastricht Treaty,...
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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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Extraterritorial application of Community law to the supervision over mergers
Potůčková, Barbora ; Tichý, Luboš (advisor) ; Zemánek, Jiří (referee)
This diploma thesis analyses extraterritorial application of acquis communautaire on merger control. The aim of this work is to take down current state of development of law in this area, identify actual questions and problems and introduce methods that could possibly solve those problems. The introductory chapter defines the theme and goals of this work and deals with resources used. The second chapter explains the European legal regulation system of merger control. Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings holds a central role in this system. European Commission is a competition authority of European Communities and in order to protect competition on common market it proceeds also against companies that operate outside European territory. The third chapter explores the ways how European Commission derives a legal basis of such extraterritorial jurisdiction. The most appropriate means of jurisdictional derivation regarding merger control appears to be an effects doctrine. Next chapter identifies problems connected with extraterritorial application of European competition law, such as conflict of jurisdictions, limits of national competition laws, multijurisdictional merger thicket, substantial differences in laws and different market...
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