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Right to education in European documents
Pehrová, Klára ; Tymofeyeva, Alla (advisor) ; Honusková, Věra (referee)
Right to education in European documents Key words Education, right to education, European documents, Court of Justice of the European Union, European Court of Human Rights, Human Rights Abstract The right to education is a fundamental human right that has been enshrined in numerous international legal documents. This thesis deals with the enshrinement of the right to education in European documents and in the complex of human rights since its enactment. The aim of the thesis is the analysis of the right to education in the European context while its main focus is to provide a characterization, analysis and comparison of the codification of the right to education in Euroepean documents. Firstly the thesis presents the enshrinment of the right to education in the European convention on human Rights as amended by the Additional Protocols which served as important source for the creation of the Charter of Fundamental Rights of the European Union. Secondly the thesis presents the enshrinment of the right to education in the Charter of Fundamental rights of the European Union which is one of the youngest and most comprehensive catalogues of the human rights in the world. The thesis contains key case law from the European Court Human Rights and the Court of Justice of the European Union. Thrirdly in the...
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CJEU as a Political Actor in the Termination of intra-EU BITs: Judicial Activism in Achmea Ruling
Juráš, Jan ; Šlosarčík, Ivo (advisor) ; Kasáková, Zuzana (referee)
The topic of the role and function of the Court of Justice of the European Union has been the subject of academic debate for quite some time. In recent years, a number of new studies have begun to examine judicial activism, also known as the process of judicialization of EU policy. It is a process by which the Court of Justice not only interprets the law, but directly creates it, thus becoming a full-fledged actor in the legislative and institutional framework of the EU. The work combines the topic of judicial activism with the issue of international investment protection in the EU, in which the Court of Justice of the EU has become a key actor by delivering the termination of intra-EU bilateral investment treaties between EU member states. In its judgment in the Achmea case, the Court of Justice ruled that these treaties are incompatible with the EU law system as investment arbitrations initiated on the basis of these treaties may undermine the autonomous position of the Court of Justice as the only institution that has a competency to interpret EU laws. The thesis also deals with the scale of the judicial activism in the Achmea ruling. Position of the other actors of the EU institutional framework is also presented. The work thus represents an interdisciplinary approach to the research of...
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The principle of ensuring effective judicial protection by Member States in the context of current case law of the CJEU
Kaluha, Štěpán ; Navrátil, Petr (advisor) ; Svobodová, Magdaléna (referee)
The Principle of Ensuring Effective Judicial Protection by Member States in the Context of the Current Case Law of the CJEU Abstract in English This diploma thesis named The Principle of Ensuring Effective Judicial Protection by Member States in the Context of the Current Case Law of the CJEU, deals with the manifestations of this principle in the case law of the Court of Justice, especially with regard to its horizontal dimension which is related to the ongoing judicial reforms in Poland. The objectives of the thesis are to analyse and evaluate the principle of ensuring effective judicial protection, to compare it with the principle of national procedural autonomy and, through the analysis of three recent decisions of the Court of Justice, to identify a new direction in the case law of the Court of Justice after the ASJP decision. The thesis is divided into two parts - theoretical and practical. In the theoretical part, I place the principle of ensuring effective judicial protection by Member States in the broader context of EU law as a general principle of EU law and thus part of primary law. Then I discuss the principle in detail, in particular exploring its definition in the Treaties and in the case law of the Court of Justice, analysing its content and briefly discussing the consequences of its breach...
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The Court of Justice of the European Union: the engine of integration?
Veselý, Petr ; Plechanovová, Běla (advisor) ; Parízek, Michal (referee)
This thesis deals with the topic of influence of the Court of Justice of the European Union on the process of European integration. For this purpose, the thesis asks the following question: "How has the Court of Justice of the European Union in selected cases contributed to the strengthening of European integration?" After an overview of the methodological basis, the thesis thoroughly examines the main theoretical approaches and authors that focused on the topic of Court of Justice and its influence on European integration: neofunctionalism, intergovernmentalism, neorationalism, supranationalism and legalistic approach. In the third part, five landmark cases of the ECJ have been chosen for detailed analysis: Van Gend en Loos, Costa vs. E.N.E.L., Internationale Handelsgesellschaft, Les Verts and Francovich. The thesis not only maps the political situation surrounding their announcement, but also the aftermath, consequences and reactions of member states to the judgements. In its last part, the thesis attempts to connect the theoretical approaches with the findings of the aforementioned analysis of landmark decisions. The thesis concludes that the Court of Justice in fact did contribute to the strengthening of European integration, namely by establishing the principles of direct effect, superiority...
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Case law of the Court of Justice of the European Union in the area of environmental protection
Kubeček, Jan ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
Resumé The thesis named Case Law of the Court of Justice of the European Union in the Area of Environmental Protection deals with three types of action in which the judicial protection of the environmental interests is provided. First the chambers of the Court of Justice of the EU are characterised - the Court of Justice, the General Court and the Civil Service Tribunal. Chapters on particular types of action follow. Each of them is attached with analysed related significant cases that the Court of Justice of the EU adjudicated upon. The first type of action is the action for failure to fulfil obligations where the principal questions are possibilities of imposing fines on member states that infringe the EU law. Sanctions are imposed in two forms - a penalty or a lump sum. The second type of action is the reference for a preliminary ruling in which the Court of Justice of the EU interprets the EU law a helps courts of the member states apply the EU law. The final chapter examines the action for annulment in which the fundamental and very disputable question is the question of right of action in environmental matters. After the comparison with other areas of the EU law, in particular the area of the competition law, it results from the thesis's chapters that the Court of Justice of the EU provides a very...
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The accession of the European Union to the European Convention on Human Rights
Del Maschio, Kristýna ; Hofmannová, Mahulena (advisor) ; Balaš, Vladimír (referee)
The aim of this thesis is to describe the fundamental issues related to the future accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms and to provide an overall understanding of the issue. To fulfil this objective, the first part of the thesis deals with the current situation in the european human rights protection system. It introduces the protection system of the Council of Europe as well as the system of protection provided by the European Union. This part aims to describe relationships between them and also gives the overview of the development of the question of accession and of the main features defining the autonomy of the European Union law. The second part then turns the attention to the legal instruments which make it possible European Union to accede. This part provides an analysis of the Accession agreement on the accession of the European Union to the Convention for Protection of Human Rights and Fundamental Freedoms which contains legal, institutional and technical solutions of the European Union's incorporation into the Convention system. This analysis serves as a basis for the next part of the thesis, which focuses on the recent Opinion of the Court of Justice of the European Union 2/13. In this opinion Court found...
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Relationship of the European Union legal order to the World Trade Organization law
Tměj, Jakub ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
Both, the European Union legal order and the World Trade Organization law represent important examples of the supranational legal system. This thesis focuses on their mutual relationship, in concrete through the perspective of the EU law. It aims to analyse how the European law approaches the WTO rules and which effects are granted to them. Introductory chapter provides the reader with a wider perspective of the examined topic dealing with relationship of the European law and the public international law in general. It presents the historical development as well as the current status of the relationship. Attention is brought to relevant provisions of the EU law and related case law of the Court of Justice of the European Union. It also outlines a theoretical background of the issue. Chapter Two focuses in a more specific way on the position of WTO norms in the EU legal order. Firstly, it briefly defines the WTO law while reflecting the specifics in regard of the EU. Afterwards, it is examined, which effects are granted to the WTO rules in the European law, particularly through the reasoning of the CJEU. The last chapter puts the results of the analysis into a wider context and sketches the background of the topic at hand. That provides inputs for a final evaluation of the current status and an...
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The aims and objectives of the European Union information policy (with a focus on librarianship in the institutional structure of the European Union)
Fryščáková, Soňa ; Vlasák, Rudolf (advisor) ; Křížková-Pessrová, Hana (referee) ; Papík, Richard (referee)
Mgr. Soňa Fryščáková The aims and objectives of the European Union information policy (with a focus on librarianship in the institutional structure of the European Union) (dissertation thesis) (Směřování a cíle informační politiky Evropské unie (se zaměřením na knihovnictví v rámci institucionální struktury Evropské unie) Abstract This thesis is focused on the analysis of the selected libraries (and the other information services) of the European Union Institution, in particular the analysis of their current situation with an aim to address a proposal for their further development. The proposal points out problematic areas within the libraries' operation and prepares suggestions to the program goals of the information policy of the libraries of EU Institutions. The first part is devoted to the EU information policy in general and presents the development of the information society in the context of the European Union. The next section describes the information services of the EU Institutions. Specifically, those are libraries of selected EU institutions and also the Historical Archives of the European Union and the professional association of European libraries Eurolib. The last part deals with analysis of the information strategy of the EU institutions and with the solution that represent program aims of...
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The Nature and Effects of the EU Court of Justice Decisions
Fellerová Palkovská, Iva ; Král, Richard (referee)
The EU Court of Justice is the judicial body of the Union, which gives judgments in a wide variety of proceedings and thus fulfills the role of a constitutional, supreme and administrative court. It contributed to the evolution of Union law significantly. The main aim of this thesis is to map the characteristics and effects of the EU Court of Justice judgments towards parties to the case and third parties. Therefore the functioning of precedential effects of CJEU judgments, its temporal effects, force of res judicata of judgments and its enforceability is analyzed in the thesis. These characteristics and effects are put into broader context also with regard to the position and mission of the EU Court of Justice in the institutional structure of the Union.
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Political Role of Courts and Judges from a European and Comparative Perspective
Vikarská, Zuzana ; Ondřejek, Pavel (referee)
1 Political Role of Courts and Judges from a European and Comparative Perspective Zuzana Vikarská The submitted dissertation examines European apex courts (i.e. the Court of Justice of the European Union and the European Court of Human Rights) and aims to answer the research question whether these judicial institutions are political and, if so, in what sense. The author puts forward five perspectives from which the political role of courts and judges can be analysed. The first dimension perceives judges as human beings who are influenced not only by legal rules but also by various non-legal influences, including political ones. In the first dimension, the notion of politics therefore stands in contrast to a certain idea of legal purity and separation of law from politics. This first dimension covers various jurisprudential perspectives on judicial decision-making, but also issues such as transparency of judicial institutions or the quality of judicial reasoning. The second dimension looks at the nomination procedures that lead to judicial appointments at the European apex courts. In this case, politics means the participation of political actors in the process of selecting candidates for the judicial functions. In this meaning, the notion of politics stands in opposition to the notion of expertise. The...
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