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Preliminary References in civil and European Procedural Law
Štangová, Eva ; Winterová, Alena (advisor) ; Macková, Alena (referee) ; Rozehnalová, Naděžda (referee)
Preliminary References in Civil and European procedural law JUDr. Štangová Eva 1 Abstract (EN) The main purpose of this doctoral thesis was to provide an comprehensive analysis of the Preliminary questions under Slovak and Czech national legislations and to provide the same analysis of Preliminary questions under Treaties and Legislation of European Union Law (hereinafter referred to as "Union law"). This analysis shall cover both, Slovak and Czech code of judicial procedure which have the same numerical designation as Act No. 99/1963 Coll. and are known as Code of civil procedure (hereinafter referred to as OSP) in Slovakia and Code of civil procedure (hereinafter referred to as OSŘ) in the Czech Republic as well. The research in this thesis is structurally divided into 5 independent chapters. Using bellow stated research methods and science procedures; each part focuses on different context of preliminary questions. The first two chapters focus the historical context, concept, importance and scope of the preliminary questions under legislation of Czech and Slovak Republic. This chapter also outlines the normative legal regulations of these issues in the "de lege lata" status. At the same time, the author pays more attention to the eligibility of preliminary questions to be considered as preliminary ones,...
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The European Court of Justice as a political actor
Vikarská, Zuzana ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
The ECJ as a Political Actor In both the US and in the EU, the judiciary is often accused of being political. This thesis does not attempt to compare and contrast the two grand judiciaries; they are too dissimilar to be compared in this context. It only deals with the judiciary of the EU, trying to analyse its presumably 'political' character: why is it that political and legal scholars label the Court as 'political' or 'activist'? This thesis seeks to investigate the validity of these accusations by proposing a synthesis of various political theories and a certain clarification of the terminology in the context of the European judiciary. Chapter 1 deals with the ECJ as an institution, discussing its functioning and its presumably constitutional character. Chapter 2 then focuses on the notions of 'politics' and 'political', firstly in terms of their definitions by various authors and consequently in terms of the various political theories of European integration. Chapter 3 then deals with the central question of the thesis: is the ECJ a political actor or not? The analysis in the third chapter is split into five dimensions: (1) the judges' motivations in adjudication, (2) the appointment of judges, (3) the subject-matter of the Court's adjudication, (4) the institutional balance within the Union,...
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Free movement of services - focus on eastern enlargement of the European Union
Průchová, Věra ; Pulgret, Miroslav (advisor) ; Kučerová, Irah (referee)
Diploma thesis "Free Movement of Services - The focus on Eastern Enlargement of the European Union" describes the development of the internal market of services of the European Union in view of the recent developments to complete liberalization of this market through the adoption of Directive 2006/123/EC of the European Parliament and of the Council of the 12th December 2006 on Services in the Internal Market. The Eastern Enlargement of ten new countries partly affected the whole development, because it caused the reestablishment of some protectionist measures in the form of the transitional periods. The aim of this thesis is to analyze the situation on the market of services in the European Union after the admission of at least eight countries from Central and Eastern Europe, and to understand each of these steps, which have lead some states to these protectionist measures. For a greater understanding of my diploma thesis, I tried to explain some important definitions and terms in the first part of the thesis, which can help the reader to easily understand the following sections of the essay. The other chapter presents, in brief, the historical genesis of the internal market of services in the European Union putting greater emphasis on the important milestones such as the founding treaties and...
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Reasoning in the judgements of European courts
Vilímková, Veronika ; Tomášek, Michal (advisor) ; Kühn, Zdeněk (referee)
This thesis concerns the topic of legal reasoning in the judgements of European courts. The first part of the paper presents the analysis of the theoretical aspects of legal reasoning, specifically the legal obligation for this practice, as well as an examination of the origins and arguments for the existence of this obligation. Furthermore, the way that the legal reasonings are embedded in the law of the Czech Republic, and in EU legislation, is discussed and examined in detail. The final part of the paper consists of a comparison of legal reasonings of the Czech courts and the European Court of Justice. The relevant aspects of the legal reasoning are explained with regard to the practice of two European courts: European Court of Justice and Supreme Administrative Court of the Czech Republic, respectively.
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Legislation and sactions of money laundering in European Union
Havlová, Berenika ; Grmelová, Nicole (advisor) ; Žák, Květoslav (referee)
The bachelor thesis is focused on legislation of money laundering in European Union. The work is divided into 4 parts - first chapter is devoted to legislation of money laundering outside the EU, second chapter is concentrated on European legislation concerning this topic. Then there is a system of sanctions and penalties for money laundering in general and those of 3 selected EU member countries described in the third chapter. The practice of European court of Justice is shown on specific judgements as a practical part of this thesis in last chapter. The aim of this thesis is to answer a question of whether the European Union is successful in fight against money laundering.
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The legal status of asylum seekers in the EU
Potluková, Pavlína ; Grmelová, Nicole (advisor) ; Šťastný, Tomáš (referee)
The purpose of the bachelor thesis is to describe circumstances relating to completion of Common European Asylum System, furthemore the work is focused on asylum procedures in developed countries. The work is divided into four chapters, the first of which explains the basic concepts of an asylum area. In the second chapter, there is depicted the development of legal status of refugees and asylum seekers, in connection with legal acts and international treaties governing the status of these persons. The issue of basic rights and obligations of asylum seekers and refugees is entrusted to the third part of work, followed by a chapter focusing on the description of asylum procedures and its results in five selected european countries.
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Bankruptcy in the Czech Republic and in the European Union
PAVLISOVÁ, Lucie
In economic and legal practice situations often occur when infringement of rights or neglect of duty can{\crq}t be sanctioned by common means of procedural law. The most typical example of this is when the debtor has liabilities towards a number of creditors and it isn{\crq}t within his power to fulfill them all. Such a situation is usually described as bankruptcy and it is solved in accordance with the Bankruptcy Act. Bankruptcy is considered to be the last resort of settlement of unfavourable financial and economic relations between the creditor and the debtor and it leads to the settlement of their property relations. The purpose and the aim of this procedure is to settle the liabilities towards the aggrieved parties, so that all creditors of one debtor which is in bankruptcy get as equal and just satisfaction as possible. Liquidation or reorganization of multinational companies which are in bankruptcy causes a whole range of legal complications. The expansion of multinational companies and also the considerable number of great bankruptcies with international effects has triggered a debate about the need of creating a system which would involve solving such situations in transnational context.
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EC law contravened by member state
BEDNAŘÍKOVÁ, Lucie
Hereby submitted thesis {\clqq}EC law contravened by member state`` describes duties of member states regarding the harmonization of national rules of law to the communitary one. Thesis shows consequences of correct or incorrect conversion of superordinated communitary rules of law to national legal systems using concrete cases (examples) from Czech legal practice.
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Legal argumentation of the European Court of Justice
Šejvl, Michal
the article endeavours to fathom the rationality of argumentation of the European Court of Justice. The authors investigates the methods of analyzing the argumentation and endeavours to find typical procedures of argumentation applied, in the author´s opinion, by the Court. His deliberations are based on the author´s personal experience with the argumentation of the Court.
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