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Princip subsidiarity EU: vývoj a dopady
Tejkal, Tomáš
The bachelor's thesis focuses on important aspects related to the observance of the subsidiarity principle to determine whether the principle is adequately respected in the Union structures. According to the principle, exercising powers between the Union and the member states should be regulated effectively. However, the principle also contains other elements that contribute to its ambiguous interpretation. The study emphasizes the interpretation of the principle itself but also examines the role of national parliaments that can participate in the subsidiarity control mechanism. Different perceptions of the principle prevail both among the EU institutions and national parliaments. An important player is primarily the European Commission, which looks at the principle of subsidiarity in its narrower form, despite the lack of clearly defined criteria. This is also reflected in the function of the Subsidiarity control mechanism, which in its current form has a rather marginal influence on the legislative creation. In addition, its use has been decreasing for a long time and no significant reforms are taking place. Even the legal anchoring of the principles coexists with the political framework, which further deepens the problematic nature of the principle. This may be why the European Court of Justice is reluctant to challenge the Union's legislators. Moreover, compliance with the principle of subsidiarity does not seem to be the main subject of the Commission's regulatory instruments, which in this regard are rather applied towards better political decision-making. The reasons probably lie in the still vaguely established procedures relating to the operation of the principle of subsidiarity since the adoption of the Treaty of Lisbon. The above arguments thus indicate that the principle of subsidiarity in the Union is being violated. It does not seem that there is a more effective distribution of powers, which also requires the proper legitimacy of lower units.
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The European Commission's in the process of creating and implementing the European Green Deal
Vaculík, Daniel ; Kunertová, Tereza (advisor) ; Exner, Jan (referee)
The European Commission's role in the process of creating and implementing the European Green Deal This work deals with the issue of the European Green Deal from the perspective of the European Commission. The EGD is an initiative of the European Commission, which aims to meet the international obligations arising from the Paris Agreement. The EGD is a very comprehensive initiative, consisting of many sub-proposals. To provide a complex overview of what role the European Commission plays in the implementation of the EGD, this work is divided into three main chapters. The first chapter focuses on the European Commission, as a supranational EU institution, and deals mainly with the historical development of the EU's institutional framework, emphasizing the way in which the European Commission's powers shaped. For the sake of clarity, this chapter is organized chronologically, with the main sub-sections of the chapter being primarily the primary treaties and individual Commissions, which have played an important role in European integration. At the end there is a part that deals with the development of the right to environmental protection, both at the international and European level. The second chapter begins with analysis of what the structure and powers of the European Commission are after entry...
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Does RIA Really Evaluate Regulatory Impact? The Case of the Czech Republic
Jára, Karel ; Schwarz, Jiří (advisor) ; Cahlík, Tomáš (referee)
Regulatory Impact Assessment/Analysis (RIA) has become a hot topic in the world politics as well as economic research in the last 20 years. Its basic definition as a tool to improve regulatory quality using cost-benefit analysis is viable only in the case when it is properly implemented for all potential sources of regulation, one of which is parliament with its amendments to bills. After summing up basic information about RIA and its history and surveying relevant literature on RIA, this thesis performs a pioneer analysis of the changes in regulatory impact of laws caused by parliamentary amendments. A sample of all laws passed in the Czech Republic in 2010 is studied. The passed amendments to these laws are analysed and it is found that only 3 out of 20 bills with RIA had amendments which made no changes in regulatory impacts of the bill. This supports the conclusion that the RIA implementation should take these amendments into account. Another finding is that circumventing of the RIA system occurs also in the case of non-governmental bills, which are not subject to RIA in the Czech Republic, as 18 of 32 bills without RIA did not have it due to their non-governmental origin.
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Principles of Secondary Legislation of the European Union
Říha, Michal ; Pítrová, Lenka (advisor) ; Král, Richard (referee)
V Summary The question of quality of legislation in Modern Age is omnipresent in political, philosophical and in legal discourse. Especially in connection with structures which are different from classical national state concepts such as the European Union, it is very hard to set up conditions of good legislation. The main aim of this Thesis is analysis of today's state of affairs and to create a comprehensive structure of good legislation principles applied in the EU. The author is dealing with the fact that classical legal theory is usually applied on EU situation terms in their classical - Westphalian state - meanings. The purpose of this work is, therefore, to adapt these classical terms to a situation of EU and CJEU case law. For that reason, the author is critically assessing classical legal theorist's principle models as well as models created by experts in the field of legislation or European Union law. The outcome is supposed to be a merge between these models, which can provide the reader with deeper understanding of normative model of Union legislation. EU legislative style is a merge of the majority of legislative traditions of Member States, therefore, in certain circumstances it is hardly understandable for everybody. The main presumption here is MacCormmick's theory of interdependence of...
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Principles of Secondary Legislation of the European Union
Říha, Michal ; Pítrová, Lenka (advisor) ; Král, Richard (referee)
V Summary The question of quality of legislation in Modern Age is omnipresent in political, philosophical and in legal discourse. Especially in connection with structures which are different from classical national state concepts such as the European Union, it is very hard to set up conditions of good legislation. The main aim of this Thesis is analysis of today's state of affairs and to create a comprehensive structure of good legislation principles applied in the EU. The author is dealing with the fact that classical legal theory is usually applied on EU situation terms in their classical - Westphalian state - meanings. The purpose of this work is, therefore, to adapt these classical terms to a situation of EU and CJEU case law. For that reason, the author is critically assessing classical legal theorist's principle models as well as models created by experts in the field of legislation or European Union law. The outcome is supposed to be a merge between these models, which can provide the reader with deeper understanding of normative model of Union legislation. EU legislative style is a merge of the majority of legislative traditions of Member States, therefore, in certain circumstances it is hardly understandable for everybody. The main presumption here is MacCormmick's theory of interdependence of...
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Does RIA Really Evaluate Regulatory Impact? The Case of the Czech Republic
Jára, Karel ; Schwarz, Jiří (advisor) ; Cahlík, Tomáš (referee)
Regulatory Impact Assessment/Analysis (RIA) has become a hot topic in the world politics as well as economic research in the last 20 years. Its basic definition as a tool to improve regulatory quality using cost-benefit analysis is viable only in the case when it is properly implemented for all potential sources of regulation, one of which is parliament with its amendments to bills. After summing up basic information about RIA and its history and surveying relevant literature on RIA, this thesis performs a pioneer analysis of the changes in regulatory impact of laws caused by parliamentary amendments. A sample of all laws passed in the Czech Republic in 2010 is studied. The passed amendments to these laws are analysed and it is found that only 3 out of 20 bills with RIA had amendments which made no changes in regulatory impacts of the bill. This supports the conclusion that the RIA implementation should take these amendments into account. Another finding is that circumventing of the RIA system occurs also in the case of non-governmental bills, which are not subject to RIA in the Czech Republic, as 18 of 32 bills without RIA did not have it due to their non-governmental origin.
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