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Firearms and ammunitional legal regulation from the perspective of the law of the European Union
Jandásek, Vlastimil ; Staša, Josef (advisor) ; Sharp, Vladimír (referee)
Thesis title: Firearms and ammunition legal regulation from the perspective of the law of the European Union The thesis deals with the legal regulation on firearms and ammunition in the Czech Republic with an emphasis on the new legislation as a result of adoption of the relevant European Union legal framework. The individual principles and legal concepts related to firearms and ammunition are analyzed, the relevant European directive approach is illustrated and novelties, modifications, restrictions as well as mitigations incorporated by the new European legislation are highlighted there. The thesis focuses on civilian acquisition, possession and carrying of firearms from the administrative law point of view. In the first chapter the basic definitions and concepts are defined. The second chapter is dedicated to the European legal regulation, its history and the legal basis on which it now stands. The third chapter deals with the current system of firearms in the Czech Republic. The fourth chapter deals with the effects of the European legal regulation on the legal framework in the Czech Republic and critically evaluates individual partial changes. The fifth chapter deals with the new legal draft. Although it preserves the key conceptual elements of the existing regulation, it can be characterized...
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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...
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The principle of primacy of application in the case law of the Spanish Constitutional and Supreme Courts
Duchek, Otakar ; Pítrová, Lenka (referee)
The principle of primacy of application of EU law in the case law of the Spanish Constitutional and Supreme Courts Abstract The subject of this thesis is an analysis of the position of the Supreme Court of the Kingdom of Spain and the Constitutional Court of the Kingdom of Spain on the principle of primacy of the application of European Union law, as first established by the Court of Justice of the European Union in Costa v. Enel. The thesis is logically structured, firstly, into a chapter dealing with the genesis and meaning of the concept of the primacy of application of EU law in the light of the case law of the high court and legal theory, followed by a chapter summarising the general principles advocated by the Spanish Constitutional Court in the relationship between the Kingdom of Spain as a Member State and the European Union. The next two chapters provide an analysis of two specific court cases and draw out the implications for individuals of the application of the principle of primacy of EU law. The last chapter and the conclusion offer a synthesizing view of the topic discussed. The main contribution of the thesis is to introduce the doctrine of the Spanish Constitutional Court on the topic outlined above into the Czech environment, while its basic pillar can be considered to be the explicitly...
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Eligibility regulations for female athletes with high levels of testosterone in athletics in the context of EU law
Trnovský, Jan ; Exner, Jan (advisor) ; Kunertová, Tereza (referee)
I Eligibility regulations for female athletes with high levels of testosterone in athletics in the context of EU law Abstract World Athletics has enacted regulations under which female athletes with certain differences of sex development resulting in high levels of testosterone can compete in the female classification of certain athletic disciplines at international competitions only if their blood testosterone levels are below 5 nmol/L. This thesis examines a hypothesis that these regulations violate EU law, as they disproportionately restrict the rights of female athletes with high levels of testosterone under EU law. The aim of this thesis is to find out whether this hypothesis is correct, especially whether the regulations of World Athletics are in accordance or in conflict with EU law. In order to verify this hypothesis a three-step test is applied to the World Athletics regulations. This method was used by the Court of Justice of the EU in Meca-Medina and Majcen v. Commission judgment in 2006 to assess the compliance of sporting rules with EU law. In the first part of the analysis, it is concluded that the World Athletics regulations fall within the scope of EU law, and this law can therefore be applied to them. In the second part of the analysis, it is concluded that as a result of these regulations,...
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The principle of primacy of application in the case law of the Spanish Constitutional and Supreme Courts
Duchek, Otakar ; Exner, Jan (advisor) ; Vondráčková, Aneta (referee)
The principle of primacy of application of EU law in the case law of the Spanish Constitutional and Supreme Courts Abstract The subject of this thesis is an analysis of the position of the Supreme Court of the Kingdom of Spain and the Constitutional Court of the Kingdom of Spain on the principle of primacy of the application of European Union law, as first established by the Court of Justice of the European Union in Costa v. Enel. The thesis is logically structured, firstly, into a chapter dealing with the genesis and meaning of the concept of the primacy of application of EU law in the light of the case law of the high court and legal theory, followed by a chapter summarising the general principles advocated by the Spanish Constitutional Court in the relationship between the Kingdom of Spain as a Member State and the European Union. The next two chapters provide an analysis of two specific court cases and draw out the implications for individuals of the application of the principle of primacy of EU law. The last chapter and the conclusion offer a synthesizing view of the topic discussed. The main contribution of the thesis is to introduce the doctrine of the Spanish Constitutional Court on the topic outlined above into the Czech environment, while its basic pillar can be considered to be the explicitly...
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EU Competition Law analysis of football transfer fees
Subhan, Adam ; Exner, Jan (advisor) ; Vondráčková, Aneta (referee)
EU Competition Law analysis of football transfer fees Abstract: In this master's thesis, I assess the compliance of the transfer fees used in football with EU Competition law. I submit that the transfer fee system in its current state is a decision of an association of undertakings that is not compliant with Article 101 TFEU due to the restriction it imposes on the player supply market. This restriction prevents small market clubs to recruit good players and compete with large market clubs. I argue that the restriction cannot be justified under the Meca-Medina framework since it does not achieve the alleged objectives. The system is not inherent in pursuit of improvement of competitive balance at all. Even though it is inherent to promotion of youth development, it goes beyond what is necessary, and as such is disproportionate to the restriction is causes. The system neither qualifies for the exception of Article 101(3) TFEU, since it does not result in any efficiencies. However, I suggest that the effects of the transfer fee system cannot be assessed in isolation, but rather in the context with other football regulation, especially revenue redistributive mechanisms and limits on spending. In this context, I found the transfer fee system to have an aggravating negative impact on competitive balance because....
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Application of EU Law in International Sports Arbitration
Paterová, Karolína ; Exner, Jan (advisor) ; Vondráčková, Aneta (referee)
Application of EU Law in International Sports Arbitration Karolína Paterová Abstract The aim of this thesis is to explore and analyse the possibilities for individual athletes of how to defend their rights with help of EU law. The premise of this thesis is the closed system of sports governing bodies and of further procedure at Court of Arbitration of Sports with the possibility to appeal to the Swiss Federal Tribunal is not always sufficient to protect rights of individual athletes. The author of this master's thesis first claims that if there is a decision in the international sports arbitration (decision of a sports governing body and then the one of CAS), an individual athletes should be able to seek the remedies through EU law. Secondly, two options of how to proceed in such case are provided. The author analyses each of them, especially by referring to the most significant judgements of the CJEU. The author also provides her opinion on both possible ways as well as on approach of sports governing bodies and of the Commission. The structure of this master's thesis is as follows. It first deals with the procedure in the international sports arbitration - which is the procedure before particular sports governing bodies followed by the appeal procedure at CAS. Then, it dives into the relationship between...
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The Fight against Doping in Sport in Interaction with European Union Law: Proportionality of Ineligibility and Anti-Doping Education
Exner, Jan ; Tomášek, Michal (advisor) ; Ondřejek, Pavel (referee) ; Kornbeck, Klaus Jacob (referee) ; Viret, Marjolaine (referee)
Dissertation: The Fight against Doping in Sport in Interaction with European Union Law: Proportionality of Ineligibility and Anti-Doping Education Author: JUDr. Jan Exner This dissertation researches the interaction between the fight against doping in sport and the law of the European Union. It particularly analyses whether the World Anti-Doping Agency and other anti-doping organizations respect the proportionality of ineligibility for doping and related role of anti-doping education. The findings of this dissertation demonstrate that anti-doping organizations have crossed the borders of their conditional autonomy and good governance under European Union law through breach of the proportionality of ineligibility in interaction with anti-doping education. In particular, it concludes that they underestimate the role of education as an anti-doping element, which interacts with proportionality of ineligibility. Anti-doping education raises awareness, informs, communicates, instills values, and develops life skills and decision-making capability to prevent intentional and unintentional doping and its consequences, including a potentially disproportionate ineligibility. As such, it also enables the deterrence effect of anti-doping rules and sanctions. On top of that, the level of anti-doping education is...
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Parallel application of national and Union competition law
Veselý, Jakub ; Šmejkal, Václav (advisor) ; Pítrová, Lenka (referee)
Parallel application of national and Union competition law The adoption of regulation No. 1/2003 opened a discussion on admissibility of parallel application of national and EU competition law regarding the ne bis in idem principle. The aim of the thesis is to map the condition of this legal topic after ten years since the process of modernisation of EU competition law on the basis of the analysis of judicial decisions and relevant legal acts including EU Charter of fundamental rights that became a part of EU primary law since Lisbon Treaty. Three different cases are to be understood under the term parallel application. The cumulative application means a case where national competition authority applies both national and EU law to punish anticompetitive behaviour in one single proceedings. The second case is the parallel application on the EU territory, where there are several proceedings held by competition authorities parallelly. These proceedings are held either concurrently or consequently. Lastly, the parallel application going beyond the EU territory is the case where an anticompetitive behaviour that has already been punished by a competition authority of a non-member state is subject of proceedings held by competition authority in EU. The thesis is divided into six chapters. The first...
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Citizenship of the European Union: rights of EU citizens and its impact on the legal order of the Czech Republic
Růžek, Lukáš ; Jeřábek, Martin (advisor) ; Šlosarčík, Ivo (referee)
This diploma thesis explores content, purpose and impact of citizenship of the European Union. The European Union is an international organization that affects day-to-day lives of citizens of its Member States. From the beginning of its existence, the European Union (formerly the European Community) has always taken into consideration the interests of its Member States. As it has accrued more power while widening and broadening its competencies, it has made it possible for the European Union to tackle new problems. Eventually, in order to reduce democratic deficit participation of individual citizens became inevitable for the purpose of creation of a genuine link between individuals and the European Union, which helps to ensure its proper governance. Although some rights linked with citizenship had been already incorporated into the law of the European Union, citizenship of the European Union was embedded into the primary law of the European Union by the Maastricht Treaty. Entering into force on 1 November 1993, this represented a milestone for the quality of the relationship between the European Union and citizens of its Member States. Citizenship of the European Union, which is a citizenship sui generis, is characterised by its accessority and additionality to the citizenship of a Member State....
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