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The Court of Justice of the European Union: the engine of integration?
Veselý, Petr ; Plechanovová, Běla (advisor) ; Parízek, Michal (referee)
This thesis deals with the topic of influence of the Court of Justice of the European Union on the process of European integration. For this purpose, the thesis asks the following question: "How has the Court of Justice of the European Union in selected cases contributed to the strengthening of European integration?" After an overview of the methodological basis, the thesis thoroughly examines the main theoretical approaches and authors that focused on the topic of Court of Justice and its influence on European integration: neofunctionalism, intergovernmentalism, neorationalism, supranationalism and legalistic approach. In the third part, five landmark cases of the ECJ have been chosen for detailed analysis: Van Gend en Loos, Costa vs. E.N.E.L., Internationale Handelsgesellschaft, Les Verts and Francovich. The thesis not only maps the political situation surrounding their announcement, but also the aftermath, consequences and reactions of member states to the judgements. In its last part, the thesis attempts to connect the theoretical approaches with the findings of the aforementioned analysis of landmark decisions. The thesis concludes that the Court of Justice in fact did contribute to the strengthening of European integration, namely by establishing the principles of direct effect, superiority...
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Intergovernmental Cooperation in Resolving the Eurozone Crisis
Nevola, Jan ; Havelka, Vít (advisor) ; Weiss, Tomáš (referee)
This bachelor thesis focuses on the topic of the Euro crisis intending to identify crisis- solving strategies. It considers the period between 2010 and 2012 during which several key measures were taken and new institutions were established to provide financial assistance to the Eurozone Member States. The work analyses the nature of these institutions and the decisions taken. The intention is to determine whether the steps that led to the protection of the Eurozone were predominantly intergovernmental-driven or whether the main drivers of the processes were supranational institutions. The introductory chapters explain the causes of the crisis, its institutional framework and highlight several views on solving the crisis as presented in the research of other authors. Furthermore, they introduce the theoretical-analytical framework based on the theories of intergovernmentalism, respectively liberal intergovernmentalism and neofunctionalism. The analytical part of the work, first, specifies the research methodology. Then, the discussion presents the findings of the research and confronts them with the research of other authors who analyzed this issue. The conclusion summarizes the work and draws on the results of the analysis to answer the research question that is defined in the introduction.
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Supranational and intergovernmental approach to the accession process of Montenegro to the European Union
Kopanicky, Marek ; Weiss, Tomáš (advisor) ; Riegl, Martin (referee)
The volume deals with the analysis of the relationship of the two dominant theoretical approaches of European integration - supranational and intergovernmental - towards the EU enlargement policy on the example of the accession process of Montenegro. The research goes into depth by analysing not the complex accession process as such, but the relations and attention of various European institutions and the EU member states to the particular and deliberately selected negotiation chapters of the Acquis Communautaire. The main aim of the thesis is to find out to what extent and whether at all does the behaviour of the EU institutions and its member states by the accession process correspond with the internal structure of the EU policies and competences stipulated in the EU treaties. The thesis succeeded to show that there is no reason to believe that the activities of the supranational institutions of the EU - the Commission and the Parliament - are dominant by chapter which is closely connected to the exclusive competence of the EU or that they would pay any special attention to this chapter. Similarly, there is no explicit proof that the activities of the incumbent EU member states are dominant by chapter which is closely connected to the shared competence of the EU or that they would pay any...
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ESA - A Hindrance for Further Supranationalization?
Farkač, Martin ; Young, Mitchell (advisor) ; Šlosarčík, Ivo (referee)
The aim of this masters thesis is to assess the relation between two organizations with competences towards the European space policy that happen to be in dispute over these competences - the European Union (EU) and the European Space Agency (ESA). The main research question asks whether the ESA hinders further supranationalization of the space matters within the EU framework and the research uses the lenses of the theory of the rational design which highlights the importance of the Member States as the decisive actors in this question who have to incline one way or the other. This thesis examines relevant documents issued by the EU and the ESA, as well as at the positions of the Member States of the European Space Agency with regard to this dispute, and concludes that the ESA indeed hinders further supranationalization of the space matters within the EU framework because it goes against the positions and interests of the Member States. The hindrance reaches the level that the only thing the Member States are willing to do is to adjust the financial procedures in respect to the programmes run by ESA and funded by the EU to ensure their efficient implementation complying with EU rules.
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The Court of Justice of the European Union: the engine of integration?
Veselý, Petr ; Plechanovová, Běla (advisor) ; Parízek, Michal (referee)
This thesis deals with the topic of influence of the Court of Justice of the European Union on the process of European integration. For this purpose, the thesis asks the following question: "How has the Court of Justice of the European Union in selected cases contributed to the strengthening of European integration?" After an overview of the methodological basis, the thesis thoroughly examines the main theoretical approaches and authors that focused on the topic of Court of Justice and its influence on European integration: neofunctionalism, intergovernmentalism, neorationalism, supranationalism and legalistic approach. In the third part, five landmark cases of the ECJ have been chosen for detailed analysis: Van Gend en Loos, Costa vs. E.N.E.L., Internationale Handelsgesellschaft, Les Verts and Francovich. The thesis not only maps the political situation surrounding their announcement, but also the aftermath, consequences and reactions of member states to the judgements. In its last part, the thesis attempts to connect the theoretical approaches with the findings of the aforementioned analysis of landmark decisions. The thesis concludes that the Court of Justice in fact did contribute to the strengthening of European integration, namely by establishing the principles of direct effect, superiority...
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The right to information as a fundamental human right
Kolman, Jiří
When analysing free access to information of the EU institutions it is needed to clarify the fundamental theoretical question of law, if that law can be considered as a basic human right exercisable, inter alia, in international law application. Currently EU law oscillates between supranational approach and intergovernmental point of view using diplomacy rules (international law). Is there, in the case of the EU institutions, space for full access to information, as we are used to it in the case of the EU member states?
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The Perspective of EU Common Immigration Policy
Kuzmič, Michal ; Abrhám, Josef (advisor) ; Popovová, Marie (referee)
The bachelor thesis The Perspective of EU Common Immigration Policy is primarily focused on economic and in particular work immigration to EU from third countries. The thesis lays out two questions. First question is in what way the differences between supranational and intergovernmental (or national) approach towards legal work immigration are demonstrated among the EU members and institutions. Second question seeks to determine the will of states to liberalize the entry and residence of immigrants on their labour markets. In order to answer the outlined questions I conducted an analysis of the reactions of states and European Economic and Social Committee (EESC) to the questions presented by European Commission in its Green Paper on an EU Approach to Managing Economic Migration. The findings of the analysis show that majority of states (11 of 13) prefer lower degree of harmonization whereas only 2 states along with EESC support more comprehensive harmonization. Also, 10 out of 13 states have "restrictive" or "rather restrictive" preferences towards further liberalization of immigration policy whereas the other three countries and EESC are considered to be "liberal" and "rather liberal". This outcome supports the realist theory of migration policies, which stresses the dominant role of states and their unwillingness to give up their competences to supranational institutions.
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