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Infringement Procedure according to art. 258 and the following of the Treaty on Functioning of the EU
Očková, Jana ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
of the Rigorosum Thesis This rigorosum thesis deals with the procedure for the failure to fulfill an obligation under the Treaties according to articles 258 and the following of the Treaty on Functioning of the European Union (so called "infringement procedure"). This procedure can be iniciated by the European Commission against the Member States in case of breach of an obligation stemming for them out of the EU law. The thesis aims to describe not only the purpose of the procedure and the procedure itself, but it examines also the functions of the single entities influencing the procedure. These are not only the parties, i.e. the Member States concerned and the Commission, but also the Court of Justice of the EU and the individuals as well. The goal of the thesis is to critically assess the infringement procedure and to point out some of the problematic aspects of the procedure with a possible impact on its effectivity. The thesis has six parts. The first introduces the topic. The second one defines the purpose and the function of the infringement, and its incorporation into the EU law. The third part is devoted to the entities with the influence on the procedure, who are for the purpose of the thesis described as "players" ("aktéři" in Czech). The fourth part describes the course of the...

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