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The Lisbon Treaty and national parliaments: Study 1.204
Čakrt, František
Role vnitrostátních parlamentů na unijní úrovni je v posledních letech stále posilována. Již před přijetím Lisabonské smlouvy vnitrostátní parlamenty aktivně monitorovaly a připomínkovaly návrhy unijní legislativy a s přijetím Lisabonské smlouvy se tato úloha ještě posiluje. Práce přináší přehled aktuálních změn, které vnitrostátním parlamentům Lisabonská smlouva přináší, a věnuje se také meziparlamentní spolupráci, která je základním předpokladem realizace některých nově zavedených kontrolních mechanismů.
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Reversed discrimination in the Community contexts
Macháčková, Gabriela ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
Reverse Discrimination in the Community Law Context Gabriela Machačkova The final thesis discusses the issue of reverse discrimination, which arises when nationals/products of a Member State are disadvantaged because they are subject to a national regulatory measure, while foreign (EU) nationals/products are protected from that national measure by virtue of European Community (EC) law. It examines the question of scope of EC Law, specifically focusing on the extent to which nationals of a Member State who have never exercised their Community rights can claim their rights by applying the Treaty establishing the European Community. It addresses the question of extension of the scope of EC law to cover purely internal situations in which no inter-State element is present, and to which the fundamental freedoms (free movement of goods, services, persons and capital) do not apply. First, it reviews the development of European Court of Justice case-law on reverse discrimination and situations which can be regarded as purely internal. The time frame discussed in the thesis ranges from the late 1970s until the present. Reverse discrimination and purely internal situations are analysed in terms of the examples of the Court's jurisprudence. Secondly, as Union Citizenship has been introduced by the Maastricht Treaty,...
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Bank guarantees of contractor of construction order
Šoula, Michal ; Comorek,, Martin (referee) ; Marková, Leonora (advisor)
The thesis deals with the topic of bank guarantees in the construction industry focusing on the contractor of the construction commission. The aim of this paper is the definition of bank guarantees in legal and economic terms, and on the basis of available literature, and also a proposal for the application of a bank guarantee in construction contracts. This thesis includes an overview of the products offered by national bank institutions in the field of bank guarantees and their comparison. The thesis contains an overview and description of bank guarantees used in the construction industry. The thesis focuses on a bank guarantee for the proper execution of the work (for the correct execution of the contract for work). There is described the progress of the guarantee from the contract for work until the warranty exercise and any dispute over the amount paid under the guarantee. Further, the paper deals with the use of bank guarantees in practice from the point of view of construction companies, focusing on the guarantee for the proper execution of the work. The thesis also describes solutions in the field of bank guarantees of construction companies, ways of surety, credit limits and bank charges for bank guarantees. In conclusion, there are described terms of the bank guarantee in the contract for work for the specific construction contracts and a method of preparation of the bid price for the contract with regard to where the cost appears applying the bank guarantee at the contractor's bid price. The contribution of this thesis is a comprehensive overview of bank guarantees in the construction industry and their application intended for a contractor of the construction commission.
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Consumers protection during the process of contracting
Kakáčková, Tereza ; Švarc, Zbyněk (advisor) ; Kříž, Radim (referee)
The main purpose of diploma thesis - Consumers protection during the process of contracting - was to analyze the consumer protection legislation at national level and European level. Thesis deals with consumers protection during the process of contracting in Czech Republic with closer focus on distance contracts and off-premises contracts. The general part of thesis provides a comprehensive insight into the private, public and European regulation of consumer law, as well as it summarizes basic concepts and consumer contracts more in detail. Two chapters of the general part are devoted to the distance contracts and to the off-premises contracts. Analytical part of thesis is based on quantitative research made by me. These results are compared with the results of two European surveys (Eurobarometers). The aim of the research was to define the attitude of Czech consumers to the consumer law, protection of the consumer rights and also find out more about their approach within the distance contracts.
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The Conclusion of a Contract under the United Nations Convention on Contracts for the International Sale of Goods in Comparison with Czech National Legislation
Krčálová, Kristýna ; Boháček, Martin (advisor) ; Levý, Jan (referee)
This Master's thesis focuses on the United Nations Convention on Contracts for the International Sale of Goods (CISG), better known as the Vienna Convention. The main purpose of this thesis is to evaluate conditions for application of this international treaty and to assess the contracting process under the CISG including the similarities and differences with the Czech national legislation. Finally, it seeks an answer to the question, which of these rules (international or national) are more advantageous for a Czech contractual party with respect to concluding a contract. The thesis is divided into five parts. The first one represents an introduction to the CISG, its origin and the Czech Republic's attitude to it. The second part identifies the conditions for application of the CISG and therefore defines a subject and an object of an international contract of sale under the CISG. Both third and fourth parts gradually introduce two phases of the contracting process (offer and acceptance) including the relevant case-law. The last chapter strives to complete the contracting process with an analysis of the exact moment, when a contract is concluded, as well as with an analysis of a potential battle of the forms and its impact on a contract conclusion.
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Subcarpathian Ruthenia within Czechoslovakia in 1933-1939. Autonomy and state forming efforts
Hurný, Róbert ; Doubek, Vratislav (advisor) ; Kocian, Jiří (referee)
Subcarpathian Ruthenia within Czechoslovakia in 1933-1939. Autonomy and stateforming efforts Subcarpathian Ruthenia was an integral part of Czechoslovakia in the interwar period. On the basis of the peace treaty contracted in Saint-Germain-en-Laye (Septem ber 10, 1019) and the Constitution of the Czechoslovak Republic (February 29, 1920), Subcarpathian Ruthenia should have had an autonomous position in the political-juridi cal system of Czechoslovakia, its autonomous council and an autonomous government corresponding to the council. The central government in Prague was hesitating to impo se a real autonomy of Subcarpathian Ruthenia within the republic because it did not demonstrate satisfying political, national, confessional and economic conditions and represented a continual threat of irredentism from various Carpathoruthenian elements and revisionism emerging from the neighbouring states - mainly Hungary. The central government established it only after Munich Agreement which considerably weakened Czechoslovakia as for its power. The government made an effort to consolidate Cze choslovakia by declaring autonomy of Slovakia and Subcarpathian Ruthenia. This had not happened until the moment when Czechoslovakia was on its way to cease. These autonomous tendencies had its place in a compex game...
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Anti-money laundering measures from the perspective of financial law
Špás, Martin ; Marková, Hana (advisor) ; Vybíral, Roman (referee)
This thesis, titled "Anti-money laundering measures from the perspective of financial law" aims to introduce the essential aspects of the money laundering and futher to define basic procedures and methods for the fight against money laundering, not only on the national level but also on the international level. It is mainly focused on the description and explication of this worldwide phenomenon which is affecting the national economics and national interests. The primary objective is to evaluate the effectiveness of the current legislation, for example by comparative analysis of the different legislation in selected countries. In context of globalisation and development of information and communication technologies, it is necessary to develop the legislation constantly and to reflect new tendencies which money laundering lead to. This organised crime is a phenomenon threatening the global economy, therefore each state should develop and implement the right legal measures in this area in order to substantially reduce this economic crime.
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OH&SMS
Häusler, Aleš ; Krásová, Anna (referee) ; Fiala, Alois (advisor)
Diploma thesis is concerned to OH&SMS management system in cleaning company. It is analyzed as both national and international legal regulations of OH&SMS. Then analysis and risc rating of individual departments and suggestions of reformations are done. Based on choice, some supervisory documentation of OH&SMS were rewritten and completed.
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Impact of the Lisbon treaty on democratic deficit in the EU
Müller, Lukáš ; Bič, Josef (advisor) ; Machytka, Daniel (referee)
Quality of democracy in European Union suffers due to current settings of union institutions. From the point of view of deliberative democracy and a political system rather than regulatory state, EU has significant gaps in its institutional settings. Theoretical definition of democratic deficit formulates five of its sources, which concretize certain points for revision of primary law, when applied on "pre-Lisbon" reality. They are bigger transparency, greater power of European parliament as the only directly elected union institution and better possibility for national parliaments to control European institutions. Lisbon Treaty haven't fulfilled the expectations and haven't succeeded in removing democratic deficit from EU.
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