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Human Rights Limits of Public Enforcement of Competition Law
Bernard, Vladislav ; Mlsna, Petr (referee)
This dissertation thesis deals with the protection of fundamental rights in the context of public enforcement of competition law. In the context of the use of investigative tools by the Office for the Protection of Competition and by the European Commission, the author analyzes whether a comparable level of protection of fundamental rights of individuals affected by investigation of possible anticompetitive conduct is ensured in the analyzed normative systems. The author concludes that the level of protection of fundamental rights varies. According to the author, this phenomenon has its basis in the decision-making practice of relevant courts.
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Leniency programme as a fair tool of EU competition law
Svoboda, Michael ; Šmejkal, Václav (advisor) ; Říha, Michal (referee)
Leniency programme as a fair tool of EU competition law Abstract This diploma thesis addresses the question whether the Commission's leniency programme respects the fundamental rights and principles protecting undertakings from abuse of power by the Commission, in other words whether the Commission's leniency programme is fair and proportionate. After a general introduction to the conditions of the Commission's leniency programme, the diploma thesis analyses the relationship of the leniency programme to the various fundamental rights and principles - namely the principle of legal certainty and legitimate expectations, the principle of equal treatment and the right to a fair trial. These particular rights and principles have been selected because they appear to be the most relevant with respect to the specifics of the leniency program. In relation to the principle of legal certainty and legitimate expectation, the focus is on the hypothetical application and marker application, the evidence required to obtain immunity, evidence with significant added value, the conditions of cooperation with the Commission, the timing of notification of the fulfilment of the conditions of the leniency programme, the level of reduction of the fine and the issue of multijurisdictional leniency applications. In relation to the...
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Fundamental rights in tax case law of the Constitutional Court
Osborne, Alice ; Vybíral, Roman (advisor) ; Boháč, Radim (referee)
Fundamental rights in tax case law of the Constitutional Court Abstract The thesis deals with the case law of the Czech Constitutional Court where the reason for the judicial review was a claimed infringement of a fundamental right or legal principle. The first part gives a brief description of the background, defining the theoretical and constitutional basis for judicial review of tax regulations and decisions, the relevant fundamental rights, and the methods and standards of review applied by the Constitutional Court, in general and tax case law. The core of the thesis is then an analysis of selected tax cases and Constitutional Court decisions. For each case there is a brief background outlining the circumstances under which a particular law was passed, followed by the analysis itself, and finally a summary of each case in terms of the rights or principles claimed / found to have been infringed and the methods and standards of review applied by the Constitutional Court. The results of the analyses are then summarised and compared against the general points of reference; then common elements of the cases and decisions are identified. The conclusion of the thesis is that in the cases analysed, the legal regulation in question had not been carefully enough examined from the perspective of its impact on...
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Conscientious objection in European law
Dušek, Petr ; Scheu, Harald Christian (advisor) ; Wintr, Jan (referee)
This thesis is aimed on the social phenomenon of conscientious objection, its theoretical perception as a legal concept and application in the real world, in particular by the supranational protection of human rights in the European area. Priority concern will be given to the transposition of the general assessments to the special "habitat" of EU law. The basis of the study is built on an analysis of definitions and categories refined by the doctrine and reinforced by the roots of natural law, both of which also serve to determine the methodology and legal perception of conscientious objection. A short study of the Czech law then follows to "pump the theory in legal veins". Large part of the thesis addresses the case law adopted by the European Court of Human Rights which serves as an inspiration and authority for the Union and its Member States. Abstracting the main trends in ECtHR reasoning the thesis draws basic limits laid down by the international protection. It also concludes that the Convention (ECHR) does not preclude developing its own pro or contra- objection approach by the EU institutions. It is, however, supposed to have a great impact on the Unions' legal "technique" in the field of the freedom of thought, conscience and religion. In the context of EU law the special nature of the...
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Postavení izraelských Arabů v politickém systému Izraele
Černá, Veronika ; Hindlsová, Lucie (advisor) ; Kubátová, Hana (referee)
Master's thesis deals with the status of Israeli Arabs within the political system of the State of Israel. For analysis of this topic two approaches were selected. First, attention is concentrated on the historical development of status of Israeli Arabs from the establishment of Israel to the present day. Subsequently, selected problematic areas in the relationship between Israeli Arabs and Israel are analyzed. These areas include: obtaining Israeli citizenship, ownership of land, compulsory military service in Israeli army, participation in political and judicial institutions, official languages, and national symbols. As it turns out, Israel disadvantages status of Israeli Arabs in many areas. However, the whole issue is not entirely unequivocal because in some cases, Israeli Arabs cause their disadvantaged status by their attitude.
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Instruments of Protection of Human Rights in the European Union - Perspective for a Common EU Policy?
Hendrychová, Veronika ; Levrincová, Petra (advisor) ; Ruffer-Lustigová, Petra (referee)
The diploma thesis "Instruments of protection of human rights in the European union - Perspective for a common EU policy?" stems from the assumption that the European Union increasingly accentuates the human rights protection, both inside and outside the Community. The main hypothesis is that this process is leading to the creation of a common human rights policy in the EU. The guiding line of the thesis is whether it is possible to find sufficient indicia pointing to a foreseeable creation of such a policy, e.g. will from the side of institutions and other actors. The first part of the thesis examines the definition of human rights in the EU, levels of their protection and human rights provisions of the founding treaties, their revisions and other relevant documents. The second part focuses on the main actors in the system of human rights protection in the EU and evaluation of their activities in this field. The perspective of the common human rights policy is a topic of the third part. It focuses mainly on the analysis of the current state of the human rights protection in the European Union and the will of actors to proceed together in this area. The thesis is predominantly conducted with the empirical-analytical method; further legal analysis and qualitative textual analysis are used. The main...
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The constitutional court as a negative legislator: Restriction of constitutionally guaranteed rights for the purposes of environmental protection
Knobová, Michaela ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
The Constitutional Court as a negative legislator: Restriction of constitutionally guaranteed rights for the purposes of environmental protection Abstract This thesis examines how the Czech Constitutional Court deals with proposals to repeal laws or statutory provisions that restrict constitutional rights or other constitutional provisions concerning environmental protection. Specifically, it examines how the Court deals with conflicts between constitutional rights concerning environmental protection and other constitutional laws pertaining to the environment and/or the public interest in protecting the environment. In addition to the analysis of the decision-making practice of the Constitutional Court, the thesis deals with the anchoring of environmental protection in constitutional documents and in the Czech Constitution - both in the preambls of the Constitution and the Charter, where the environmental protection is embodied in individual rights and the state's duty to protect the environment, including those provisions where environmental or nature protection is explicitly enshrined as a possible grounds for restriction of another constitutional right. The thesis briefly describes the role of the Constitutional Court as a negative legislator, ie its power to repeal laws or individual statutory...
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Right to education under European Convention for the Protection of Human Rights and Fundamental Freedoms and Czech Republic
Zelnerová, Eliška ; Bayerová, Monika (advisor) ; Flídrová, Eliška (referee)
1 Right to education under European Convention for the Protection of Human Rights and Fundamental Freedoms and Czech Republic Abstract: This thesis deals with the issue of protection of the right to education. It focuses on the conception of the right to education defined by the European Convention for the Protection of Human Rights and Fundamental Freedoms. It also compares the article concerning the right to education with other international documents concerning human rights protection such as Charter of Fundamental Rights of the European Union and Convention on the Rights of the Child. It partly examines the definition of this right under the Czech law. The thesis especially pays attention to the case of the Grand Chamber D.H. and others versus Czech Republic, since it is the only decision of European Court of justice concerning right to education which found Czech Republic in breach of the Convention. The aim of this thesis was to find out what influence had this decision on the Czech Republic as well as other member states of the Council of Europe and whether It was succesfully implemented into the Czech legal system. This decision is significant not just for the Czech Republic. It has shed light on the issue faced by many European countries. It became a pilot judgment and was followed by other...
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Freedom of Speech in the Czech Media Enviroment - Case Studies
Gantner, Filip ; Benda, Josef (advisor) ; Křeček, Jan (referee)
The thesis brings complex description of the freedom of speech in the Czech media environment, while answering the research question of what are the limits of the freedom of speech of the media and in the media when the freedom of speech collides with the protection of the personality rights. The thesis is an interdisciplinary study combining media and legal studies. It emphasizes the role of media in the process of realization of the freedom of speech and it also concentrates on the role of case-law of the courts, which is applying the provisions on the freedom of speech. Special attention was paid to the conflict between the freedom of speech and the protection of the personality rights. First, the thesis defines particular elements (principles) of the freedom of speech on the basis of the provisions of the Czech acts, international treaties and previous case-law of the European Court for Human Rights. Then it examines how such principles have been reflected in case-law of the Constitutional Court of the Czech Republic. It also deals with general description of the protection of the personality rights. Based on the above-mentioned analysis, the thesis designs ten case studies focused on application of the main principles presented in the previous chapters of the thesis to hypothetic circumstances linked...
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Theoretical bases for the limitation of fundamental rights and freedoms in the Czech Republic
Madej, Martin ; Tryzna, Jan (referee)
Theoretical bases for the limitation
of fundamental rights and freedoms in the Czech Republic
In the Czech Republic, the conception of fundamental rights and the conditions for their limitations are the result of a specific interpretation of the Charter of Fundamental Rights and Freedoms by the Constitutional Court, which in turn reflects its own views on constitutional theory. Despite being presented almost dogmatically, the confrontation with foreign literature suggests that the so-called external theory of the Constitutional Court finds strong opponent in the so-called internal theory. Internal theory sheds doubts on such hallmarks of the Court's doctrine like the wide conception of fundamental rights, the principle of proportionality or the very existence of conflicts of constitutional values. In this thesis, it is argued that although the internal theory cannot substitute for the external theory at the moment, it represents an opportunity for the Constitutional Court to reassess its current position in order for it to better depict the aims of the constitution-maker, to respect the policies of the legislator and - above all - to take fundamental rights seriously. In particular, it is claimed that the optimal model of the limitation of fundamental rights dully distinguishes between definition and...
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