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Europeanisation of Criminal Law: European Union and Criminal Law
Pevná, Eva ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
1 Abstract - Europeanisation of Criminal Law The Europeanization of criminal law is a convergent process of national criminal orders. This paper focus on a progress made within the political hybrid - the European Union that had no competences in this field in the beginning. Firstly, I present the evolution of the primary law up to the present situation. Next there is an overview of the EU Agencies. The core of this work is to present the newest changes set up by Lisbon Treaty and Stockholm Programme and to chart the evolution of the cooperation that I try to evaluate in the conclusion. The Criminal Law represents a highly particular area of the international cooperation because this legal subject is considered to be one of the most basic elements of the state sovereignty. Thus, any external intervention to the national criminal law presents a hit to the state sovereignty. Another obstacle to the international cooperation in the criminal affairs is the diversity of national criminal orders. Besides, this diversity is believed to be an expression of national peculiarities and any attempt to unify anything in this area is considered to be an effort to repress national differences. We can not deny the symbolic value of the national codifications. Anyway, the biggest problem to the international cooperation is...
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Defining exclusive powers of the European Union in the context of the Lisbon Treaty
Martišová, Katarína ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
Resumé The thesis deals with the exclusive powers of the European Union with a focus on legislative competencies. It is composed of four chapters; while deriving from Czech and foreign literature it contains theoretical view enriched by decisions of The European Court of Justice/The Court of Justice of The European Union. The first chapter focuses on the powers of the EU generally; it explains the term power and includes also the origin of the powers from historical and constitutional point of view. Corresponding with the principle of conferral explained in the chapter 1.3, the will of the member states could be considered as the basis for the powers of the EU. The thesis deals also with the theory of implied powers and the flexibility clause. These are the ways to avoid the rigidity which might be represented by strict obeying the principle of conferral. The following chapter offers an overview of other types of powers and hints to their particularities in comparison to the group of exclusive powers. We are finding out that in case of shared competencies the member states can take action unless the blocking effect of the European regulations is applied while in other cases the EU has only a supporting function. The last two chapters which could be considered as the most important ones focus specifically on...
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Theoretical Reflection of the Institutional Design of the Common Foreign and Security Policy of the EU after the Adoption of the Lisbon Treaty
Bezáková, Katarína ; Karlas, Jan (advisor) ; Karásek, Tomáš (referee)
The topic of this thesis is a theoretical analysis of the institutional design of the Common Foreign and Security Policy (CFSP) after the adoption of the Lisbon treaty. The main aim of the thesis is to reveal the reasons explaining a development towards centralization of the policy-making process of the CFSP that the Lisbon treaty introduced. Centralization is equated with a delegation of sovereignty from member states to a supranational level - High Representative for the CFSP/European External Action Service. The thesis for this purpose tests three possible explanations built upon three main theories of international relations: the centralisation as a result of the 1.decreasing EU's relative military power (neorealism) 2.deteriorating collaborative problems (neoliberalism) and 3.increasing degree of Europeanization of the nation-state identities and interests of the member states (constructivism) within covered time period from 2001 to 2007. The thesis applies a qualitative method, it is a case study. The conclusion of the thesis is that there are two reasons for the development towards more centralized policy-making process of the CFSP after the Lisbon treaty. Firstly, it is the decreasing EU's relative military power (neorealism) and secondly increasing level of Europeanization of nation-state...
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Europeanisation of Criminal Law: European Union and Criminal Law
Pevná, Eva ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
1 Abstract - Europeanisation of Criminal Law The Europeanization of criminal law is a convergent process of national criminal orders. This paper focus on a progress made within the political hybrid - the European Union that had no competences in this field in the beginning. Firstly, I present the evolution of the primary law up to the present situation. Next there is an overview of the EU Agencies. The core of this work is to present the newest changes set up by Lisbon Treaty and Stockholm Programme and to chart the evolution of the cooperation that I try to evaluate in the conclusion. The Criminal Law represents a highly particular area of the international cooperation because this legal subject is considered to be one of the most basic elements of the state sovereignty. Thus, any external intervention to the national criminal law presents a hit to the state sovereignty. Another obstacle to the international cooperation in the criminal affairs is the diversity of national criminal orders. Besides, this diversity is believed to be an expression of national peculiarities and any attempt to unify anything in this area is considered to be an effort to repress national differences. We can not deny the symbolic value of the national codifications. Anyway, the biggest problem to the international cooperation is...
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