|
|
The Application of the Charter of Fundamental Rights of the European Union by Administrative Courts in France and in the Czech Republic: Comparative Analysis
Mádr, Petr ; Král, Richard (advisor) ; de la Rosa, Stéphan (referee) ; Sehnálek, David (referee)
Title and Abstract: The Application of the Charter of Fundamental Rights of the European Union by Administrative Courts in France and in the Czech Republic: Comparative Analysis This thesis contributes to filling the gap in empirical research on the application of the EU Charter of Fundamental Rights by ordinary national courts, choosing Czech and French administrative courts as its focus. It builds on and goes beyond the existing literature by developing a coherent narrative centred around three key themes in the decision-making of Czech and French administrative courts: the Charter's applicability, its role in the reasoning and its interactions with other legal rules, such as EU secondary legislation, the ECHR and national constitutions. The primary aim is to gather data on when and how these courts give effect to the Charter in their decision-making and to evaluate this data from the three perspectives mentioned. The evaluation is made from two complementary angles. First, and unsurprisingly, it will concern itself with the extent to which national courts comply with the obligations imposed on them by the Charter and EU law. Secondly, and more originally, it will identify patterns in the Charter's treatment by national courts and offer explanations for such patterns. More specifically, it will propose a...
|
|
|
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...
|
|
|
The Czech and Irish Protocols to the Lisbon Treaty: negotiation and argumentation of small states
Třeštík, Marek ; Knutelská, Viera (advisor) ; Černoch, Jakub (referee)
This bachelor thesis focuses on negotiation strategies used by "small states" that are defined in the theoretical part of the thesis. In the form of a case study, the thesis analyses Irish and Czech approach to negotiations on the exemptions from the Treaty of Lisbon, that were put forward by political representation of both countries. The so- called small states use, due to their limited economic and personal resources, specifically aimed activities in order to gain favorable negotiating positions within the European Union. Both Ireland and Czech Republic are, according to the typology used, classified as "small states". During the ratification process of the Treaty of Lisbon, the European Union encountered obstacles caused by the result of the first Irish referendum and by the stance of Czech President Václav Klaus, regarding the completion of the ratification process. These obstacles led to the formulation of specific demands that were presented to the European Union. This thesis examines the strategies that were used in this stage of the ratification process to achieve legal guarantees for Ireland and Czech Republic. These strategies are analyses using official documents and public statements of national and European political elites. In its conclusive part the thesis states the applied...
|
|
|
Freedom of artistic work and freedom of expression within the context of the European protection of human rights
Sýkorová, Eliška ; Scheu, Harald Christian (advisor) ; Ondřejek, Pavel (referee)
The purpose of the thesis is to analyze the concept of the freedom of artistic creation and expression in the European Union law, in particular its recognition in primary law, above all in the Charter of Fundamental Rights of the European Union (Charter), and in the case law of the Court of Justice of the European Union (CJEU). Considering that interpretation of human rights and fundamental freedoms in the EU law is greatly based on constitutional traditions of EU member states and on the approach to these rights established within the Council of Europe, this thesis also deals with the conception of the freedom of artistic expression in constitutions of EU member states and in the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), as interpreted by the European Court of Human Rights (ECtHR). While relevant case law of the CJEU is only fragmentary, it refers systematically to the extensive case law of the ECtHR, which provides comprehensive theory of the freedom of artistic expression in Europe and provides for studying the evolution of the conception in time. The core method of research used in this thesis is the analysis of different sources of primary and secondary EU law, national law and case law; the thesis refers namely to the case law of the CJEU and...
|
|
|
The Status of the Charter of Fundamental Rights of the EU and its Application by Member States
Kábrtová, Adéla ; Scheu, Harald Christian (advisor) ; Král, Richard (referee)
The purpose of this thesis is to analyse the status of the EU Charter in the system of EU law and its application by Member States. EU fundamental rights in the EU can be perceived as controversial, because they can be regarded as a means of control of Union institutions, but also as a way of expansion of EU competences. In this context I will explore the EU Charter. The thesis is composed of 5 Chapters. In the First Chapter I will explain why human rights protection was not included in the Founding Treaties; furthermore I will elaborate on the case law of the Court which gave rise to EU fundamental rights as general principles of EU law. I will also explain why human rights are a sensitive issue between the EU and Member States. Chapter Two examines the development, content and the legal effects of the EU Charter. It also explores the parallel regime of the EU Charter and EU fundamental rights as general principles after the Treaty of Lisbon. Chapter Three is the core of this thesis. It explains the scope of application of the EU Charter by Member States. Based on the case law of the Court of Justice it will be shown that Member States are bound by EU fundamental rights when they act in the scope of EU law, which comprises of implementation of EU law, but also of derogation from EU law. It will be shown...
|
|
|
EU relationship with the European Convention on Human Rights
Heřmanová, Jolana ; Grmelová, Nicole (advisor) ; Levý, Jan (referee)
This thesis deals with the accession of the European Union to the European Convention on Human Rights. This accession is being prepared for several decades, and in 2013 finally got to the stage where a draft of the accession agreement was already finished. Now the European Court of Justice delivered his opinion on this draft. The first part of the text is about protection of human rights in Europe, the second part deals with the Court's opinion no. 2/94 dated 28 March 1996 and the following section deals with the changes introduced by the Lisbon Treaty. The fourth part contains an analysis of the current state of the negotiations and the final fifth part of the thesis deals with the relationship of the Court of Justice to the European Court of Human Rights.
|
|
|
Charter of Fundamental Rights of the European Union within the case law of the Court of Justice of the European Union
Hudíková, Jana ; Grmelová, Nicole (advisor) ; Michálková, Jitka (referee)
Bachelor's Thesis deals with a document of the Charter of Fundametal Rights of the European union and its role in judicature of the Court of Justice of the European union. In the first part is defined the term of human rights, their division and the development of legal protection within the EU. In this part is analyzed also the document of the Charter of Fundamental Rights of the EU, origin, development, content and structure. The second part deals with specifically selected cases in which was refered to Charter either by General advocate or by the Court of the European union. There was analyzed in these cases the scope of these references. Selected cases are divided on the basis of the non-binding legal period and subsequent binding of the Charter. Cases from the legal binding period relates to article nr. 24 of the Charter of Fundamental Rights of the European Union.
|
|
|
Charter of Fundamental Rights of the European Union and the Czech „Opt out“: Study 3.081
Chmel, Marek ; Syllová, Jindřiška
Bruselský summit Evropské rady přijal dne 30. 10. 2009 protokol k závěrům předsednictví. Protokol o uplatňování Listiny základních práv v České republice spočívá v tom, že se Česká republika začleňuje do protokolu č. 30 o uplatňování Listiny základních práv Evropské unie v Polsku a ve Spojeném království. Protokol č. 30 je už začleněn do Lisabonské smlouvy v jejím sjednaném znění. Znění protokolu pro Českou republiku bude (po jeho začlenění do smluvního základu v rámci přístupové smlouvy) shodné jako pro ostatní dva státy. Protokol č. 30 má dva články, dá se však rozdělit do 3 částí. Článek 1 odst. 1 se týká Listiny základních práv EU jako celku, článek 1 odst. 2 se v podstatě týká sociálních práv, článek 2 se týká interpretace určitých pojmů použitých v rámci Listiny základních práv EU. Protokol č. 30 Lisabonské smlouvy a tedy i „český“ protokol, až bude začleněn do smluvního základu EU, vytvoří pro Soudní dvůr více explicitních překážek, pokud by snad chtěl rozšířit pravomoci EU i mimo dosud dané hranice a aplikovat Listinu základních práv EU jako obecně a přímo účinné právo EU. Po prozkoumání protokolu je nutno konstatovat, že obyvatelé České republiky přijetím „českého“ protokolu o žádná práva (ve srovnání s ostatními členskými státy EU) nepřichází. Vnitrostátní soudy i Soudní dvůr nebo další orgány budou moci použít všechna ustanovení Listiny základních práv EU pro interpretaci výkonu všech smluvních pravomocí Unie jak v České republice, tak ve shodném rozsahu v ostatních členských státech.
Fulltext:  PDF
|
guest ::
