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The common policy for the protection of the environment in the light of the internal market of the European Union
Scheu, Lenka ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Smolek, Martin (referee)
English abstract Protecting the environment is currently one of the complex issues of law and policy. Necessary response to adverse changes in the environment lays down binding rules on environmental protection in international law, EU law and national law. The EU internal market is secured by four fundamental market freedoms - the free movement of goods, persons, services and capital. The relationship with the environment is reflected in the quality and characteristics of the products, and the conditions under which these products are marketed in different Member States. Environmental protection is strongly linked with service area, which concerns matters such as the operation of landfills. The EU's objectives in the areas of internal market and environmental protection very often collide. Then it is necessary to find a balanced approach between the protection of environmental objectives and ensuring the economic principles of the European Union.
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Transformations and trends in the case law of the court of justice of the EU in the field of the internal market after 2004
Petrlík, David ; Tomášek, Michal (advisor) ; Smolek, Martin (referee) ; Mazák, Ján (referee)
There have been three main sets of trends in the case law of the Court of Justice of the European Union in the field of the internal market after 2004. The first set of trends concerned the criteria of legal analysis, i.e. the scope of EU rules on free movement, the concept of the restriction of free movement and the justification of such restrictions. The second set of trends in the case law is related to the fact that the Court completes its legal analysis by considerations linked to its value orientation of the Court, i.e. its liberalism, social tendencies, protection of fundamental rights, pragmatism and proactivity. The third trend in the case law of the internal market consisted in changing the focus of case law in the sense that the Court has begun to deal with more and more cases from sectoral fields, i.e. fields covered by secondary law.
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The Concept of Worker in the European Law
Kunertová, Tereza ; Tomášek, Michal (advisor) ; Smolek, Martin (referee) ; Štefko, Martin (referee)
The author in its Dissertation thesis deals with the concept of worker under the free movement rights in EU law. Following the introduction, the thesis itself focuses on the positive and negative delimitation of the concept. One of the core chapters of the "positive part" tries to find an answer on the research question whether any "Keck-like" principle exists as a criterion for defining obstacles to the free movement of workers. The aim of the chapter is to find an answer what shall be subsumed under the obstacles to free movement of workers and what are Member States left with to regulate freely on their territories. In regard with the negative delimitation of the concept, the author deals with the diversion between workers and non-economically active citizens of the EU. The core chapter deals with the growing tendency of Union citizens to move to the host Member States to study while retaining the status of a worker.
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The comparison of the legal regulations of nature conservation in the Czech Republic and in Germany in the context of the EU law
Vráželová, Michaela ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Smolek, Martin (referee)
The doctoral thesis is thematically focused on a particular area of the environmental law, nature conservation. The first chapter presents selected significant international conventions and EU regulations, e.g. the Birds Directive and the Habitats Directive. The other parts deal with a comparison of the constitutional framework of environmental protection and nature conservation including the introduction of the general principles of the nature conservation in Federal Act on the Conservation of Nature and Landscape. Other chapters are focused on a comparison of general and specific nature conservation. The thesis contains selected decisions of the Court of Justice of the European Union against Germany. In the conclusion, the answers to questions are given, the introduced legislation is compared and substantial differences in both legal systems are discussed.
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European Patent Judiciary
Holá, Jitka ; Svoboda, Pavel (advisor) ; Pítra, Vladimír (referee) ; Smolek, Martin (referee)
The dissertation examines current European patent court system and the possibilities of its improvement. First of all it identifies main problems of the existing fragmented patent litigation and in response to those findings, examines possible solutions to the situation. First, it deals with the possibility of adopting certain measures to improve the current situation, while maintaining the current system, in which national courts remain competent in patent disputes. The second option is linked to the issue of creating new specialized European patent jurisdiction. Thus the dissertation chronologically analyses individual legislative proposals and documents on the creation of a specialized European patent court system at supranational (EU) and international level. Namely Community Patent Convention (1975), Protocol on Litigation to the Agreement relating to Community Patents (1989), draft EPLA (European Patent Litigation Agreement 2003), proposals on decisions establishing Community Patent Court (2003) and draft Agreement on the European and Community Patents Court (2009). Separate section is devoted to the most recent Agreement on Unified Patent Court opened only to EU Member States, which was signed early in 2013 by most of them. The main objective of the research is to answer the question whether...
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Delictual Liability of Legal Persons within Environmental Protection
Pavelka, Ivan ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Smolek, Martin (referee)
Disertační práce Právnická fakulta, Univerzita Karlova v Praze 1 SUMMARY The purpose of my dissertation Delictual Liability of Legal Persons within Environmental Protection is to obtain a correct idea of how the legislation on the corresponding materia de lege ferenda should be examined. This requires to summarize, analyse and evaluate national regulations in force of delictual liability of legal persons within environmental protection as well as to compare some aspects of national regulations in force of delictual liability of legal persons with corresponding foreign regulation. A significant part of threats and damage to the environment comes from the activities of legal persons. A percentage of legal persons responsible for unlawful impairment and endangering of the environment increases significantly. Establishing legal persons is often associated with the effort of individuals to avoid liability for criminal activity by committing illegal activities through a legal person. Crime in the area of environmental protection is often perpetrated by criminal organizations with a strong financial background. For these organizations particularly the illegal trade in waste is very attractive because it is less risky than, for example drug or arms trafficking. Activities that prevent environmental pollution or...
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Legal Protection of the Environment and the Human Health against the Effects of Selected Physical Factors
Pokorná, Lucie ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee) ; Smolek, Martin (referee)
This thesis is focused on the legal protection of the environment and human health from the effects of selected physical factors, especially noise, vibration and ionizing and non- ionizing radiation. In the introduction the thesis defines the every singe physical factor, reminds their effects on the environment and the health and life of humans and especially suggests possible measures to eliminate the negative effects of these factors. The emphasis is placed on clarifying the consistency of these measures with the means of protection. Subsequently, the thesis includes separate chapters devoted to European, Czech and selected international legal instruments of protection from selected physical factors and their comparison. One of the key questions to be dealt in the thesis is the effort to clarify whether and how does the legislation in different countries exploit physical similarity between the studied factors. Another question to answer is to what extent is it (for the effective protection of the environment, life, health and other values) useful to accurately identify and name the sources of threat, and whether the case-focused legal protection, anchoring extensively detailed rules for each previously known source of threat, actually leads to more efficient protection against various sources of risk. It...
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The Right to Information and the Public Participation in the Environmental Matters
Vopařilová, Magdaléna ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Smolek, Martin (referee)
Presented dissertation is devoted to the participation of lay element in the environmental matters within the public administration. In these matters it is necessary to find the compromises that should reflect the private plans (of investors and the owners), exercising of the public participation and the public interests too. The cooperation among the administrative authorities, public subjects and private subjects shall be constructive, based on a real legal ground. The target of this thesis is to make an overview of the ways that Czech legal system (based on the international and European law) gives to the public in order to participate on the public administrative in the environmental matters. The important finding of the thesis is evaluation of efficiency of partial tools and also of risks connected with their application. The main terms, motives, preconditions and the importance of public participation in the environmental matters are defined in the introduction. Apart from that the main principles of the public participation are defined. The most important document for public participation, the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), is analyzed in this dissertation. Even though the...
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Abuse of dominant position in EU and US Law
Funta, Rastislav ; Svoboda, Pavel (advisor) ; Smolek, Martin (referee) ; Tichý, Luboš (referee)
Charles University Prague Faculty of Law Abuse of dominant position in EU & US Law Ph.D. Dissertation Department of European Law JUDr. Rastislav Funta, LL.M. Supervisor: Doc. JUDr. Pavel Svoboda, Ph.D., D.E.A. Prague, 2011 Univerzita Karlovy v Praze Právnická Fakulta Zneužitie dominantného postavenia v práve EU a USA Doktorská dizertačná práca Katedra Európskeho Práva JUDr. Rastislav Funta, LL.M. Školiteľ: Doc. JUDr. Pavel Svoboda, Ph.D., D.E.A. Praha, 2011 - 2 - Prehlasujem, že som svoju Ph.D. prácu napísal samostatne, pod dohľadom vedúceho práce a s použitím citovaných prameňov. I hereby declare that I have written this Ph.D. dissertation independently, under the supervision of my supervisor and with use of the sources quoted. ............................. V Prahe/In Prague, 2011 Rastislav Funta - 3 - Abstract "Price competition is the essence of free and open competition. It favours more efficient firms and it is for the benefit of consumers both in the short and the long run. Dominant firms not only have the right but should be encouraged to compete on price" The past and recent decisions of the EU and US Courts refreshed the debate on the different approaches to antitrust policies on both continents. While in contrast to the US where it will be highlighted that Americans protect competition in the EU...
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Liability for damage to the environment
Humlíčková, Petra ; Damohorský, Milan (advisor) ; Drobník, Jaroslav (referee) ; Smolek, Martin (referee)
The environmental damage harms or threatens the two groups of interests - public and private. Both types of interests are often damaged by one event. The tort law and public liability including their financial security are therefore functionally interconnected systems, which sometimes overlap. They do not contradict but usefully complement each other. At the international level, there are several treaties governing the liability for transboundary pollution. Only one convention is legally binding and used in practice - CLC liability for oil transportation by sea, conventions on liability for nuclear damage are binding but were never used in practice. All these conventions use the classical scheme of tort law. They apply only to accidents. The liability is always objective with defences (natural phenomenon, force majeure, conduct of a third party). The liable party is always channelled to easily identifiable subject. In the case of multiple liable parties, they are liable jointly and severally. Damage must be quantifiable in money and the amount must be proved by the victim. In the case of harm to the environment, the damage is derived from the costs for reasonable preventive and corrective measures. The compensation for losses is necessary to apply in a certain period of time. These periods are...
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