|
|
Analysis of Polish Judicial Reform in the Line of Recent ECJ Judgment - Commission vs. Poland
Shushanashvili, Ketevan ; Solanes Mullor, Joan (advisor) ; Šlosarčík, Ivo (referee)
The judicial system of Poland is at the forefront of public, constitutional, political and legal debates of the European Union. Different aspects of rule of law in Poland, such as independence of judges, their right to irremovability, the alleged intention of the government to occupy and impact Polish judicial sector are discussed among academics. The aim of this research conducted throughout the thesis is to add complete and all-inclusive analysis of the recent judgment of European Court of Justice (hereinafter: "ECJ") regarding lowering retirement age of judges to the ongoing academic literature. Furthermore, before reaching that conclusion, providing the reader with the review of Polish political debate, the responses of European Union institutions and analysis of the necessity of the reform for Polish judicial system. Powered by TCPDF (www.tcpdf.org)
|
|
|
Analysis of Polish Judicial Reform in the Line of Recent ECJ Judgment - Commission vs. Poland
Shushanashvili, Ketevan ; Solanes Mullor, Joan (advisor) ; Šlosarčík, Ivo (referee)
The judicial system of Poland is at the forefront of public, constitutional, political and legal debates of the European Union. Different aspects of rule of law in Poland, such as independence of judges, their right to irremovability, the alleged intention of the government to occupy and impact Polish judicial sector are discussed among academics. The aim of this research conducted throughout the thesis is to add complete and all-inclusive analysis of the recent judgment of European Court of Justice (hereinafter: "ECJ") regarding lowering retirement age of judges to the ongoing academic literature. Furthermore, before reaching that conclusion, providing the reader with the review of Polish political debate, the responses of European Union institutions and analysis of the necessity of the reform for Polish judicial system. Powered by TCPDF (www.tcpdf.org)
|
|
|
Human Rights, European Union and the Constitutional Discourse
Dočekalová, Tereza ; Scheu, Harald Christian (advisor) ; Ondřejek, Pavel (referee)
Human rights, European Union and Constitutional Discourse Abstract This thesis deals with human rights within the case law of the ECJ. Purpose of this thesis is to denominate and analyze situations of application of human rights in ECJ's case law, especially from the point of view of critique of rights. For such purpose the thesis is divided into six main sections. First section delimits the foundation of (i) liberal theory of human rights, which gives foundations to the contemporary mainstream human rights discourse and (ii) basic notions of ciritique of rights. The first chapter thus create conditions for understanding of arguments developed in the following sections of this thesis. The second sections briefly describes evolution of case law of the ECJ in the field of human rights protection, particularly landmark decisions of the ECJ, in which it afforded protection to human rights as general principles of the Community law. The third section follows the second section and tries to analyze the human rights case law of the ECJ from the point of view of their recognition as general principles of the Community law. This thesis reflects the self-evident nature of human rights within the Community law and argues that despite the self evident presuppositions of human rights the has been quite selective when...
|
|
|
The influence of selected ECJ judgements on the forming of common commercial policy of EU
Vicherek, Ondřej ; Bič, Josef (advisor) ; Procházková Ilinitchi, Cristina (referee)
The goal of my diploma thesis is to describe the influence of ECJ decision making on the common commercial policy ("CCP") of EU. Specifically my thesis examines what factors influence ECJ decision making about direct effect of trade agreements implementing CCP. These factors are applied on several treaties, where the court has not yet decided on their potential direct effect and on a present case at ECJ on direct effect of WTO treaties. With regard to the goal of my thesis an important part of my thesis deals with the development of ECJ decision making. Methods applied in my thesis are analysis and comparison of selected judgements that influence the CCP of EU. After proper analysis I found out that the main motiv behind ECJ decision making is that, if the negotiating position of EU is to be deteriorated, the ECJ is likely to find that the treaty does not have direct effect. Other factors are of secondary character. Examining the influence of decision making of ECJ on direct effect of trade agreements is important, because the role of ECJ influences the legal certainty of subjects about direct applicability of international trade treaties.
|
guest ::
