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Legal Framework of Protection of Foreign Direct Investment under Bilateral Investment Treaties and European Law
Moškvan, Dominik ; Svoboda, Pavel (advisor) ; Pítrová, Lenka (referee)
This thesis aims to analyse alleged incompatibility of bilateral investment treaties signed between the Member States of the European Union with the European Union law and its impact on the investment environment of the Union. Bilateral investment treaties are found to be incompatible with EU law. First, it is the provision allowing for dispute settlement in the form of arbitration, thereby excluding the case from EU judicial review and infringing the primacy and autonomy of EU law. Second, it is the preferential treatment of investors given only to an investor from a state with a concluded BIT conflicts the non-discrimination principle. Preferential treatment given in BITs should be either unilaterally extended, or dismissed for all investors. Unless rescinded, BITs remain valid. Investment environment of the European Union might be exposed to an increased risk of legal uncertainty. This is due to the existence of dichotomy of investment arbitration and national courts, which has not allowed for a binding interpretation of EU law since arbitration courts are not considered to be a court of a Member States with respect to the meaning of Article 267 of the Treaty on the Functioning of the European Union. Concurrence of the two parallel systems of dispute resolution does not allow for a prompt...
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The non-refoulement principle in international law and the law of the European Union: a comparison
Smutná, Anna ; Honusková, Věra (referee) ; Balaš, Vladimír (referee)
1 Abstract This thesis deals with the key principle of international refugee law which is the principle of non-refoulement. In the broadest sense of the term, the principle forbids the forced removal or 'refoulement' of an individual to the territories where he would run a risk of being subjected to the violation of his basic human rights. The non-refoulement principle was enshrined in the 1951 Convention Relating to the Status of Refugees but it was also developed in international human rights treaties such as the International Covenant on Civil and Political Rights or regional European Convention for the Protection of Human Rights and Fundamental Freedoms. Its expression can also be found in Common European Asylum System shared by the Member States of the European Union. The first goal of the thesis is to find out the precise content of the non-refoulement principle with regard to its development and current interpretation in international law. The second aim of the study is to analyze the same principle in the context of European Union law and to assess the compliance of this system with international law. For the sake of clarity, the thesis is composed of two main chapters. Chapter One examines the meaning of the principle in the Convention Relating to the Status of Refugees and takes into consideration...
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Equal treatment and prohibition of discrimination in employment relations
Čuřík, David ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
Equal treatment and prohibition of discrimination Abstract My diploma thesis deals with the topic of equal treatment and non discrimination in employment relations, which form one of the areas where the impacts of discrimination can be perceived most intensely, as such behaviour denies the freedom of making decisions about one's profession, which is highly important for the self-fulfilment of each individual. Within the context of the Czech Republic, the urgency of the topic of the thesis is given by the need to adopt new principles and tools brought by the transposition of the EU anti-discrimination legislation into the Czech legal system. Sufficient public awareness of its contents and possibilities it brings is a prerequisite for effective application of the new legislation. For that reason, the purpose of my thesis is primarily to outline gradual shifts in the understanding of the principle of equal treatment in the European area and to describe the development of the EU anti-discrimination legislation. The thesis should also present plentiful judgments of the Court of Justice of the European Union (CJEU) interpreting the meaning of individual provisions of both primary and secondary EU legislation. The first chapter defines the terms of equality and discrimination and distinguishes two main approaches...
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Selected Aspects of Private Enforcement of Competition Law
Navrátil, Petr ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
Title: Selected Aspects of Private Enforcement of Competition Law The purpose of the study is to analyse and compare selected provisions and legislative proposals regarding to the rules of evidence and locus standi as they are codified in Federal Rules of Civil Procedure and in Czech Rules of Civil Procedure as well as selected aspects of Private Enforcement of Competition Law in UK. It should be stressed the fact that the rules of evidence and locus standi are seen through a prism of antitrust claims for damages. The study is composed of six chapters, each of them dealing with different aspect of Private Enforcement of Competition Law. Chapter One is introductory and defines basic terminology used in the study. Chapter Two focuses on legal basis for antitrust claims for damages. Chapter Three consists of three parts. Part One focuses on locus standi issue in US Law. Part Two is an analysis of proposals of EU Commission as well as relevant judgements of Court of Justice of European Union. Partial conclusions are drawn in Part Three. Chapter Four consists of three parts. Part One investigates the principles of rules of evidence as they are codified in Czech Law. Part Two discusses the American attitude to rules of evidence. Partial conclusions are drawn in Part Three. Chapter Five consists also of...
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The non-refoulement principle in international law and the law of the European Union: a comparison
Smutná, Anna ; Honusková, Věra (advisor) ; Balaš, Vladimír (referee)
1 Abstract This thesis deals with the key principle of international refugee law which is the principle of non-refoulement. In the broadest sense of the term, the principle forbids the forced removal or 'refoulement' of an individual to the territories where he would run a risk of being subjected to the violation of his basic human rights. The non-refoulement principle was enshrined in the 1951 Convention Relating to the Status of Refugees but it was also developed in international human rights treaties such as the International Covenant on Civil and Political Rights or regional European Convention for the Protection of Human Rights and Fundamental Freedoms. Its expression can also be found in Common European Asylum System shared by the Member States of the European Union. The first goal of the thesis is to find out the precise content of the non-refoulement principle with regard to its development and current interpretation in international law. The second aim of the study is to analyze the same principle in the context of European Union law and to assess the compliance of this system with international law. For the sake of clarity, the thesis is composed of two main chapters. Chapter One examines the meaning of the principle in the Convention Relating to the Status of Refugees and takes into consideration...
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Regulation of credit institutions in the EU
Kottasová, Anna ; Tomášek, Michal (advisor) ; Vondráčková, Aneta (referee)
This thesis evaluates the regulation of credit institutions. Its aim is to answer the question of how the regulation of credit institutions evolved and how this development influenced current regulation. This thesis examines the potential of credit institution regulation to prevent further financial crises. At first the author deals with the development of the market of financial services and subsequently with the development of regulation of credit institutions. In the first part the author analyses the positive and negative aspects of each piece of legislation, reasons for their adoption, changes or their further use. This thesis deals particularly with capital adequacy requirements. It analyses their gradual development and reason for their amendments, especially in the context of the recent financial crisis. The author concludes that that current se-up of the credit institution regulation and its expected development puts too much emphasis in increasing of the capital adequacy requirements. The author sees this aspect especially in the directive on capital requirements from 2013 which presents new buffers that the credit institutions are required to hold and in the resolution directive from 2014 which adds new, yet similar requirements. The author particularly disagrees with the assessment of...
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Strategic Trade Policy in Defence and Security Industry
Neumannová, Pavla ; Žamberský, Pavel (advisor) ; Jiránková, Martina (referee)
The master thesis is devoted to a nontraditional, however, in the todays world to a very current topic, arms industry and its support. The thesis connects the theoretical concept of the strategic trade policy (defined by P. Krugman or J. Brander) to its practical interpretation and application in the defence and security industry. The first chapter explains the strategic trade policy using the Brander Spencer analysis. The topic of the second chapter is strategic industries and this chapter answers the question whether the defence and security industry is a strategic industry or not. The third chapter analyses the possibilities of the support of DSI and compares approaches of different EU member states. The last chapter is devoted to the solution of this problem. The main contribution of this thesis is a new interpretation of the strategic trade policy, analysis of the importance of the defence and security industry and its support and suggestion of practical measures for Czech companies and for the Czech Ministry of Defence.
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Legal analysis on the management of the refugee crisis in the Federal Republic of Germany
Sikorská, Eliška ; Grmelová, Nicole (advisor) ; Kříž, Radim (referee)
This thesis analyzes the management of refugee crisis in the Federal Republic of Germany in relation to the applicable law of the European Union. In theoretical introduction, the thesis focuses on the definition of key concepts and the related areas of EU law. The second part is devoted to the policy of the Federal Republic of Germany led by Federal Chancellor Angela Merkel and the actions adopted. In the last part, these actions are analyzed in accordance with the main research question of this thesis, namely whether Germany is dealing with the immigrant crisis in accordance with the law of the European Union.
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The Member State liability for the infringement of EU law- the legislation of Czech Republic
Gumroian, Kristina ; Grmelová, Nicole (advisor) ; Neděla, Radek (referee)
The institute of Member State liability for damages caused to individuals as a result of a breach of the European Union (EU) law represents the process of strengthening of the individuals rights in the context of European integration. The Czech Republic is obliged to apply defined legal provisions of EU law as it has been an EU member for more than a decade now. Therefore, a larger part of this work deals with the State liability at the EU level. At the same time, the thesis analyzes the specific features of the Czech national legislation related to this particular issue. The main objective of this bachelor thesis is based on the analysis of relevant sources to define and to assess, to which extent is the Czech republic liable for a breach of EU law and moreover to provide a coherent framework of the above-mentioned institutes establishment.
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Periphrastic Verbal Forms and their Czech Equivalents in Texts of European Union Law.
SÁŇKOVÁ, Marcela
This Bachelor Thesis is focused on the frequency of infinitive verbal periphrases that are inherent in authentic texts of the European Union law. The aim of the Thesis is to provide an overview of the occurrence of verbal periphrases and to introduce different options of their translation in legal documents. The introductory chapters examine the definition of verbal periphrases and characterize them. They also present various authors and their methods for the identification of verbal periphrases and describe their classification. The practical part analyses concrete texts of the European Union law which are included in the eur-lex database. It assesses the occurrence of this phraseology in selected legislation and case-law documents and it makes comparisons of the representation and translation of the periphrases found. The observations are summarised in graphs and tables that provide a picture of the frequency of each group of verbal periphrases {--} modal and aspectual and their comparisons are also provided.
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