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The recent development of collective administration of rights
Pařík, Jiří ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
The purpose of my thesis is to analyse the recent development of collective administration of rights (CRM). I have chosen this topic because of its actual impact and current changes on the field of CRM. The growing importance of the Internet and of digitisation technologies is opening up new possibilities for distributing creative content online. This is not in harmony with territorial principles of administration of right in Europe. So, there are challenges which can change the way how CRM cooperate and compete. First chapter briefly describes collective administration of rights in Czech Republic. Second chapter is focused on public licences concretely Creative commons. Their impact on CRM is unexceptionable and the national legislature has to react on this new phenomenon of licensing of copyright works. The goal of this chapter is to introduce that public licence, describe their compatibility with Czech law system and draw attention to problematic paragraphs which blocks simple and lawful way how to use them. Digitalization project such as Europeana open up the orphan works problem which is due by the fact that new digital media provide unprecedented opportunities for reutilizing 'old' existing content. There is a huge problem of right clearance of copyright and related rights which can influence...
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Legal regulation of the product placement a its utilization by the czech television
Dráb, Martin ; Benda, Josef (advisor) ; Trampota, Tomáš (referee)
The main aspects of this thesis is the analysis of the legal regulation of the product placement and its utilization by the Czech television. Czech law comes from the Directive 2007/65/EC of the European Parliament and of the Council, therefore several chapters are dedicated to secondary law of the European Union. The last part of this thesis includes few ideas about the law de lege ferenda. The second part of this thesis consists of the application of the product placement by the Czech television and there is a comparative analysis with selected television shows from around the world. The comparison is made with the similar shows in regards to their format and style. The result is a recommendation how to apply product placement in the future and kind of mistakes could be prevented.
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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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Electronic signature in public administration
Ivanchanka, Darya ; Sikora, Marek (referee) ; Zeman, Václav (advisor)
The theme of the bachelor thesis includes the issue of electronic signature and its definition at the theoretical level and subsequently in terms of comparison for selected countries, which are listed in the practical part of the bachelor thesis. The theoretical part deals with the main concepts and problems such as the concept, function and technology of electronic signature, as well as the issue of e-government and public administration, which is also important for the solution of the selected theme. The practical part of the bachelor thesis includes a comparison of electronic signature in selected countries, such as Russia, Belarus and selected Baltic States. In the practical part is also elaborated the view of European law on the issue of electronic signature, its requirements and functions that the electronic signature should fulfill in EU countries. The educational application developed within the bachelor’s thesis is described in the practical part as well. This application will enable students to understand working of electronic signatures and its use in public administration.
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Buyer Power and its Abuse in European Law
Musil, Aleš ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
This rigorosum thesis entitled "Buyer Power and its Abuse in European Law" deals with the analysis of buyer power in European law from the perspective of legal theory (part one - theoretical) and analysis of legislative aspects of the abuse (part two - practical). Attention is paid to the perspective of European law on the issue of buyer power and its abuse, both from the perspective of competition law and of the concept of buyer power, primarily pursuing objectives other than competition on the market. In my rigorosum thesis, I address the issue of market buyer power as a concept different from both market seller power and purchasing power, which refers to the extent to which consumers or firms have available money for spending and consumption. The concept of market power has in fact two branches - seller power and buyer power. In my thesis, I prove that (i) they cannot be viewed as a mirror image and (ii) that buyer power is an umbrella concept covering monopsony and bargaining power. Buyer power as the umbrella concept is a buyer's ability to exert pressure on its suppliers so as to lower prices or extract other concessions in two forms - monopsony and bargaining power. Monopsony power is an inefficient purchasing behaviour that involves withholding demand to decrease the purchasing price paid...
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Labour force mobility of citizens of the Czech republic within the countries of the European Union in 2016
Kubíčková, Iveta ; Barák, Vladimír (advisor) ; Prudká, Šárka (referee)
The bachelor thesis provides a comprehensive insight into the issue of mobility of Czech citizens within the European Union. The theoretical part deals with basic theoretical approaches to migration, the brief development of the European Union's common migration policy and employment policy, including the current instruments supporting labour migration and the legal definition of free movement of workers. The practical part contains statistical data and results of the research, of which primary objective is to find out the current approach of Czech citizens to the possibility of working abroad. Primarily, it reveals and explains the main motivational factors and, on the other hand, the most significant obstacles for Czech citizens to make a decision to leave their homeland for work in foreign countries, including factors that have a significant influence on their motivation or obstacles.
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European Commission as a Guardian of the Treaties
Langhammerová, Šárka ; Plechanovová, Běla (advisor) ; Parízek, Michal (referee)
This bachelor thesis focuses on the behavior of the European Commission in the infringement of proceedings based on article Article 258 et seq. TFEU. The paper seeks to look behind the borders of mere legal framework of infringement proceeding and deals primarily with the political influences, which can affect the Commission's decision on how to act, as well as the theories, which try to explain and predict its reaction on the violation of Treaties by a Member State or different actors. The structure of the paper is as follows. Firstly, this thesis deals with the Commission's position in the system of the EU, with basic information about the Commission, then raises the question of whether the Commission is independent and impartial, or whether it is under some external or internal political pressures. Secondly, the thesis studies the infringement proceedings and the possibilities, procedures and tools available to the Commission to enforce the law and also how the Commission uses these options in practice. Of course, the paper will also cover the limits of this procedure. The Commission's main limitation of its ability to enforce the law is the lack of resources. This problem helps to resolve its discretion power. It can choose in which case of non-compliance to initiate the infingement...
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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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Relationship of the European Union legal order to the World Trade Organization law
Tměj, Jakub ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
Both, the European Union legal order and the World Trade Organization law represent important examples of the supranational legal system. This thesis focuses on their mutual relationship, in concrete through the perspective of the EU law. It aims to analyse how the European law approaches the WTO rules and which effects are granted to them. Introductory chapter provides the reader with a wider perspective of the examined topic dealing with relationship of the European law and the public international law in general. It presents the historical development as well as the current status of the relationship. Attention is brought to relevant provisions of the EU law and related case law of the Court of Justice of the European Union. It also outlines a theoretical background of the issue. Chapter Two focuses in a more specific way on the position of WTO norms in the EU legal order. Firstly, it briefly defines the WTO law while reflecting the specifics in regard of the EU. Afterwards, it is examined, which effects are granted to the WTO rules in the European law, particularly through the reasoning of the CJEU. The last chapter puts the results of the analysis into a wider context and sketches the background of the topic at hand. That provides inputs for a final evaluation of the current status and an...
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