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The Czech Republic as a party to the proceedings for the failure to fulfill an obligation resulting from EU Treaties
Kučera, Václav ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
The aim of this diploma thesis is partly a reflection on the history and current form of the institute of infringement proceedings and in particular the analysis of the Czech Republic's participation in this type of procedure since its entry into the European Union. Proceedings for failure to fulfill an obligation is introduced as the main sanction- control mechanism under EU law, the purpose of which is to ensure that Member States comply with the obligations they adopted in connection with accession to the EU and that union norms have full effect. At the beginning is outlined the historical development of the infringement proceedings, i.e. on what purpose and in which way was this control mechanism initially incorporated into the primary law of the European Community, how its parameters gradually changed and whit what kind of proposals are currently mentioned in order to ensure the maximum efficiency of the procedure. Thesis emphasizes on a detailed introduction and evaluation of all aspects of procedure. Particular chapters are devoted to the question of object to the proceedings, legal entities and their rights during the proceedings, the system of sanctions and the effects of the European Court's decisions in the case. Control and discretion power is in infringement proceedings exercised by...

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