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The preliminary ruling
Chudoba, Stanislav ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The preliminary ruling The subjects of thesis research are preliminary rulings considering the Czech civil proceedings and preliminary rulings submitted to the Court of Justice of the European Union. The thesis is designed to analyze legal changes made to the preliminary rulings with emphasis on the case-law. The introductory historical part of this thesis describes the then Roman law institute called praeiudicium, in which the beginnings of the development of the current form of the preliminary rulings can be observed. Later on, the attention of the thesis is shifted towards preliminary rulings in the legal order of the Czech Republic. After the opening determination of the term, the following chapters begin to focus on the nuances of the terminology of this procedural institute, position of the preliminary ruling in the judgment or explaining the differences between material and procedural preliminary rulings. The main chapter is centered around the boundness of the court by existing decisions regarding the specific question. This part is followed up by the explanatory breakdown of the law in force. The next chapters of the thesis discuss the assessment of the preliminary rulings that have not been ruled yet. The chapters also examine facultative and obligatory suspension of the proceeding...
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The European Court of Justice as a political actor
Vikarská, Zuzana ; Kysela, Jan (advisor) ; Ondřejková, Jana (referee)
The ECJ as a Political Actor In both the US and in the EU, the judiciary is often accused of being political. This thesis does not attempt to compare and contrast the two grand judiciaries; they are too dissimilar to be compared in this context. It only deals with the judiciary of the EU, trying to analyse its presumably 'political' character: why is it that political and legal scholars label the Court as 'political' or 'activist'? This thesis seeks to investigate the validity of these accusations by proposing a synthesis of various political theories and a certain clarification of the terminology in the context of the European judiciary. Chapter 1 deals with the ECJ as an institution, discussing its functioning and its presumably constitutional character. Chapter 2 then focuses on the notions of 'politics' and 'political', firstly in terms of their definitions by various authors and consequently in terms of the various political theories of European integration. Chapter 3 then deals with the central question of the thesis: is the ECJ a political actor or not? The analysis in the third chapter is split into five dimensions: (1) the judges' motivations in adjudication, (2) the appointment of judges, (3) the subject-matter of the Court's adjudication, (4) the institutional balance within the Union,...
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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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Reasoning in the judgements of European courts
Vilímková, Veronika ; Tomášek, Michal (advisor) ; Kühn, Zdeněk (referee)
This thesis concerns the topic of legal reasoning in the judgements of European courts. The first part of the paper presents the analysis of the theoretical aspects of legal reasoning, specifically the legal obligation for this practice, as well as an examination of the origins and arguments for the existence of this obligation. Furthermore, the way that the legal reasonings are embedded in the law of the Czech Republic, and in EU legislation, is discussed and examined in detail. The final part of the paper consists of a comparison of legal reasonings of the Czech courts and the European Court of Justice. The relevant aspects of the legal reasoning are explained with regard to the practice of two European courts: European Court of Justice and Supreme Administrative Court of the Czech Republic, respectively.
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Subsidiarity in EU law
Krátký, Jiří ; Tichý, Luboš (advisor) ; Pítrová, Lenka (referee)
Subsidiarity in EU law English Summary / Abstract The upcoming 30th anniversary of the Maastricht treaty is an opportunity to celebrate but also to critically evaluate the overall success of this significant political step towards deeper European integration. The Maastricht treaty incorporated the Principle of Subsidiarity as a general principle of law into the EU legal system. The Principle of Subsidiarity was intended as a safeguard against a creeping centralization and federalization of the alliance and a means of regulating the exercise of the Union's non-exclusive powers. Thirty years of experience is a good time to evaluate the success and fulfillment of that mission. This is all the more pertinent in 2021 as the EU finds itself on the threshold of a new public debate about the future of Europe. The Principle of Subsidiarity underwent several textual changes on the way to being anchored in the Treaties. Despite these changes the case law of the ECJ has remained for unclear reasons underdeveloped in comparison with other issues and areas of judicial review. The original emphasis placed on a judicial review of the fulfillment of substantial conditions and ex-post control of the principle has lately shifted to the ex-ante procedural one. Unfortunately, even this change did not bring the expected results....
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The role of the Advocates General in the Judicial System of the European Union
Vitáčková, Veronika ; Svobodová, Magdaléna (advisor) ; Pítrová, Lenka (referee)
The role of the Advocates General in the Judicial System of the European Union This thesis deals with the important procedural adaptation of the specific institute of the jurisdiction of the EU. An Advocate-General is a member of the Court of Justice whose role is to provide, in accordance with Article 252 TFEU, the submission of public, wholly impartial, independent and reasoned opinions in cases which, under the Statute of the Court of Justice of the European Union, require his participation. Although a similar function is not anchored in many jurisdictions of the Member States of the European Union, it has found its application within the framework of the functioning of the Court of Justice of the European Union. This thesis provides a thorough analysis of the position and role of the Advocate General, the sources of inspiration for and the development of this institute within the framework of the Union's judiciary system, in order to point out the importance of the role of his work. The thesis is divided into four parts which consist of sub-chapters. The first part is devoted to the French legislation of the institute of the Public Rapporteur, as a source of inspiration for the Union's Advocate General. The legal regulation of the Public Rapporteur is described within the context of the entire...
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Coordination of social security systems on the EU level
Tomáš, Daniel ; Kačírková, Eliška (advisor) ; Grmelová, Nicole (referee)
The main aim of this bachelor thesis is to analyze the coordination of social security systems on the EU level. The thesis firstly deals with the European union itself, its historical development and present form. Further, the thesis is concerned with the rudimentary partition of the EU law and competences, including the areas of their effect and the basic legislation of the social area in the EU treaties. In the second part, the thesis pursues the means of coordination, onto which people and under what circumstances can the coordination rules be applied. Furthermore, the fundamental principles of coordination are going to be introduced and explained in this part, as well as the Regulations themselves and the general application of coordination rules on different social benefits. The third chapter focuses on the European Court of Justice and the definition of its structure and tasks within the EU and moreover the analysis of individual judgements of ECJ related to social security coordination.
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Recognition of the professional qualification as a tooll for pursuing of the profession in the EU member states
Tesař Rašková, Zuzana ; Štangová, Věra (advisor) ; Brádlerová, Libuše (referee)
The main objective of this work is to analyse the system of recognition of professional qualifications within the EU as a tool to access and pursue a certain profession. It is an important condition for the realization of one of the fundamental EU freedoms, which is free movement of labour. Regardless of the adoption of the Professional Qualifications Directive in 2005, the area of recognition of professional qualifications has quite a long history in the EU. From a legal point of view this legislation is important because it provides the functionality of the free movement of labour. Mobility of qualified professionals in the European Union is still at a relatively low level. To some extent, these skills shortages could be filled by people with professional qualifications obtained outside the EU, who however currently face major problems in having their qualifications recognized. To take full advantage of the freedom of movement, their qualifications must be easily recognized in other Member States. It is therefore essential that the Professional Qualifications Directive sets out clear and simple rules for the recognition of professional qualifications. Millions of professionals in Europe benefit from these rules nowadays. It is estimated that the system of automatic recognition on the basis of...
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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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Problematic aspects of the C.I.L.F.I.T. criterions enshrined in the CJEU's judgement
Sviatkin, Ivan ; Kunertová, Tereza (advisor) ; Zemánek, Jiří (referee)
The topic of the thesis are CILFIT criterions. These criterions were established by the Court of Justice of the European Union as conditions for application of the acte clair doctrine by national courts of last resort. The conditions determine situations in which such a court does not have an obligation under Article 267/3 to bring a matter before the Court of Justice. First of all, thesis describes the historical circumstances, which gave rise to the CILFIT case as well as the facts of that issue. Then it analyses one by one CILFIT criterions and also current procedure of submitting preliminary questions as a whole. As a part of the analysis, it focuses on the practical application of the abovementioned conditions by the courts of the Member States. It targets purely theoretical ideas too. The thesis, further, identifies certain problematic aspects of the CILFIT conditions. Subsequently, some possible solutions are being suggested and their effectiveness and appropriateness are being examined.
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