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Protecting an Individual from Deprivation of Citizenship of the Union
Uradnik, Šimon ; Exner, Jan (advisor) ; Svobodová, Magdaléna (referee)
Protecting an Individual from Deprivation of Citizenship of the Union This master's thesis poses a central research question of whether the factual relationship between the European Union and a Union citizen is of such quality that it gives rise to the factual relation in the form of the genuine link, respectively, whether the legal relationship between the same subjects is of such quality that it gives rise to the legal relation in the form of the direct bond. As for the genuine link, the assessment is constructed on the basis of two aspects, namely-the mutual societal attachment of Union citizens to the European Union, and the shared political interests of Union citizens, in the sense of shared concern in politics and of shared political objectives. On the other hand, in terms of the direct bond, the legal relationship between the European Union and a Union citizen is examined through two prisms, namely-the autonomy of the form-status of Union citizenship, and the nonvicariousness of the content-rights of Union citizenship. The actual assessment of the factual relationship is conducted on the data from the Eurobarometer, and turnouts of the European Parliament elections in 2019 and of national elections by that time. The examination of the legal relationship is performed by virtue and postulates...
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The acquisition and loss of citizenship of the European Union
Spousta, Pavel ; Navrátil, Petr (advisor) ; Svobodová, Magdaléna (referee)
This thesis deals with the issue of acquisition and loss of citizenship of the Union in relation to acquisition and loss of nationality. After brief introduction of the citizenship of the Union, its historical development, content and its position in current EU law system as well as brief definition of nationality, both in the national and international context, the thesis focuses on significant differences between Member States' regulations of acquisition and loss of citizenship of the Union. Firstly, the theses draws attention to Member States' competence to regulate personal scope of EU citizenship, then it analyses selected Member States' legislation on naturalization conditions and finally, it focuses on the EU law dimension of citizenship-for- sale programmes. At the same time, attention shifts towards Member States' regulations of loss of nationality with the aim to highlight aspects which may be problematic with regard to the loss EU citizenship. After the analysis of the regulations of acquisition and loss of EU citizenship at the Member States' level, this theses examines the limits stemming from the EU law which shape Member State's exclusive competence in the field of nationality. For this purpose, the thesis provides an overview of the CJEU's jurisprudence which deals with the issue of...
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EU citizenship : recent development of the assessment of the personal and material scope of EU law
Cibák, Ondřej ; Svoboda, Pavel (advisor) ; Zemánek, Jiří (referee)
1 Abstract The objective of this thesis is to describe the fundamental issues related to the assessment of the material and personal scope of EU law with regard to the institution of EU citizenship. It follows that the purpose of the work is not to analyse the institute of EU citizenship as such. The attention is paid predominantly to the material scope. Contrary to the personal scope, it is precisely the area of the assessment of the material scope where we can recently observe the groundbreaking changes in the logic used by the CJEU. These changes are described by analysing four key judgments of the CJEU wherein a new approach to the assessment of the material scope was introduced. The main feature of the new approach is the abandonment of the traditional cross-border logic. In certain situations, it is now possible to deduce the material scope of EU law even without the existence of a cross-border element. This new approach is based solely on the status of EU citizenship. In this work, there is also analysis of the potential of this new approach, especially with regard to possible solutions to a problem of reverse discrimination. In addition to the introduction and conclusion the thesis contains five chapters. The first chapter is devoted to a brief explanation of the institute of EU citizenship. The...
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