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Judicial and Police Cooperation in the European Union
Coufalová, Tereza ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee) ; Sváček, Jan (referee)
The criminal justice as well as the persons participating in criminal proceedings, they both are currently facing number of newly posed challenges and unanswered questions so far, due to the onward going integration of the European Union and much closer cooperation of the Member States, in the field of the Procedural Criminal Law. There have been established many new institutions within the field of the European Union in last few years and there were adopted many legal tools which directly influence the cooperation between the judicial and police authorities of individual countries. In connection with newly emerging forms of the crime and more coherent cooperation of the perpetrators of severe crime, the relevant authorities at the union level as well as at the national level encounter situations not being resolved at all, or which are specified by theoretical standards only and have not been put into practice yet. Due to the diversity and abundance of the legal tools and institutions which interfere the criminal law sphere without adjusting their mutual cooperation or without having sorted out the priority of application in many cases, the author of this thesis considers as an appropriate to have such comprehensive view to this relevant issue introduced to the specialized public, as well as having...
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The Czech and Irish Protocols to the Lisbon Treaty: negotiation and argumentation of small states
Třeštík, Marek ; Knutelská, Viera (advisor) ; Černoch, Jakub (referee)
This bachelor thesis focuses on negotiation strategies used by "small states" that are defined in the theoretical part of the thesis. In the form of a case study, the thesis analyses Irish and Czech approach to negotiations on the exemptions from the Treaty of Lisbon, that were put forward by political representation of both countries. The so- called small states use, due to their limited economic and personal resources, specifically aimed activities in order to gain favorable negotiating positions within the European Union. Both Ireland and Czech Republic are, according to the typology used, classified as "small states". During the ratification process of the Treaty of Lisbon, the European Union encountered obstacles caused by the result of the first Irish referendum and by the stance of Czech President Václav Klaus, regarding the completion of the ratification process. These obstacles led to the formulation of specific demands that were presented to the European Union. This thesis examines the strategies that were used in this stage of the ratification process to achieve legal guarantees for Ireland and Czech Republic. These strategies are analyses using official documents and public statements of national and European political elites. In its conclusive part the thesis states the applied...
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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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Council of the EU after Lisbon treaty: changes in gualified majority decision-making and their influence on the positions of member states
Kučera, Václav ; Plechanovová, Běla (advisor) ; Karlas, Jan (referee)
The main aim of this thesis is to analyze the impact of a new system of qualified majority voting under the Lisbon Treaty on the position of member states in the Council. The paper mainly deals with potential transformation of member states weight in the Council. With the help of so-called power indexes, the absolute and relative voting power of member states in the Council will be determined. In the first part of the thesis, qualified majority is introduced also in the historical development, i.e., how its form ranged from the emergence of the European Communities to the present. Emphasis is of course placed on detailed description of the key articles of the Lisbon Treaty, relating to qualified majority voting in the Council. The answer to the question whether the new criteria of qualified majority will mean a different result of the vote in the Council, can be found in the fourth chapter of this thesis. An important element of analysis of qualified majority under the Lisbon Treaty is its comparison with the Nice system in terms of fairness and efficiency. At the conclusion of this thesis, the historical development of the expansion of qualified majority voting in the Council at the expense of unanimity is included. Identification of those states which were most often in the past, when voting by...
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Legislation and the institutions of the European Union in the Treaty of Lisbon
Filová, Andrea ; Grmelová, Nicole (advisor) ; Štěpánek, Petr (referee)
Reform of the institutional structure of the European Union contained in the Treaty of Lisbon is in the context of the ongoing ratification of the contract in a very current topic. Bachelor thesis focuses on the comparison of the legislation of the EU institutions contained in the EC Treaty and EU Treaty, on the one hand and the new institutional structures contained in the Treaty of Lisbon, on the other. There is also compared the original text of the Treaty establishing a Constitution for Europe with the final wording of the Treaty of Lisbon. Further deals question whether the reform of the EU institutional structure contained in the Treaty of Lisbon as ambitious as the previous changes to the legislation of the EU institutions.
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