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Standing of the Court of Justice of the EU in the Area of the Police and Judicial Cooperation in Criminal Matters
Shepard, Lucia ; Zemánek, Jiří (advisor) ; Král, Richard (referee) ; Fenyk, Jaroslav (referee)
5 Abstract This dissertation examines the standing of the Court of Justice of the European Union in the area of police and judicial cooperation in criminal matters, which was formally included under the umbrella of the European Union as a result of the Maastricht Treaty in the early nineties. Yet this area was excluded from the Community framework, which had a significant impact on the jurisdiction and competencies of the Court of Justice. Despite limitations arising from the construct of the third pillar, the Court of Justice took an opportunity through case law to overcome some of these limitations. The most recent milestone in the development of this area is the entry into force of the Lisbon Treaty which removed the so-called pillar structure and further limitations disappeared with the end of the transitional period. Further, existing case law of the Court of Justice in this area has been closely linked to the framework decision on the European arrest warrant, which is based upon the principle of mutual recognition and mutual trust between the EU Member States, and thus became an important part of the case law of the Court of Justice. Given the scope of this framework decision, the Court of Justice has also been frequently dealing with the issue of fundamental rights, the protection of which plays an...
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Defense of "national interests" before the Court of Justice of the EU
Holubová, Tereza ; Grmelová, Nicole (advisor) ; Štěpánek, Petr (referee)
The aim of this thesis is catch a comprehensive procedure of the Czech republic during the defense of national interests in proceedings before the Court of Justice of the EU. First the thesis characterizes methods of the Agent during his representation of the Czech republic before institutions of the EU. After that the thesis characterizes the most important institution for the thesis, the Court of Justice of the EU. In thesis reader can read about the most important references for a preliminary ruling, that the Czech republic took part in. The second largest chapter deals with Infrigement proceedings. The thesis ends with summary of others proceedings.
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The judgement of the European court of Justice in the case of Marleasing
Metzková, Linda ; Grmelová, Nicole (advisor) ; Patočka, Radim (referee)
This bachelor thesis deals with analysis of judgement of the Court of Justice of the European Union in the case Marleasing SA versus La Comercial Internacional Alimentación SA and related cases. The thesis is thematically devided into two parts. The first part is dedicated to theoretical grounds, sources of european law and the difference between direct and indirect effect. Main task of this part is, however, explanation of the preliminary rulling proceeding. In the second practical section is the preliminary rulling shown on the sample of Marleasing. The thesis provides here closer view on the case, which arised on the grounds of late implementation of directive into national law, its consequences and analysis of another free important judgements based on the case of Marleasing.
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