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Preliminary question raised by czech courts regarding jurisdiction pursuant to the Brussel I and Brussel I bis Regulation
Hrušková, Monika ; Brodec, Jan (advisor) ; Pauknerová, Monika (referee)
Preliminary question raised by czech courts regarding jurisdiction pursuant to the Brussel I and Brussel I bis Regulation Abstract This thesis deals with jurisdiction in the Brussels I and Brussels I bis regulations. It primarily places the emphasis on an interpretation of the individual provisions of the regulation as governing the jurisdiction of the Court of Justice, in particular in the form of judgments in preliminary ruling procedure, focusing mainly on the preliminary rulings of Czech courts. The paper is divided into four chapters, preceded by a general introduction and completed with a conclusion. The first chapter deals with the development of preliminary rulings in European law, the harmonisation of its dualistic regulation from Articles 68 and 234 of the Treaty on Establishing the European Community in Article 267 of the Treaty on the Functioning of the European Union and a description of preliminary ruling procedure both before national courts and before the Court of Justice. The second chapter briefly analyses a selection of four of the most important pieces of case law which the Court of Justice has dealt with within the bounds of preliminary ruling procedure. The case law involved is Van Gend en Loos, Costa v. E.N.E.L., Casis de Dijon and Francovich. The third chapter considers jurisdiction...
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Investment Protection in the European Union
Olík, Miloš ; Pauknerová, Monika (advisor) ; Feigerlová, Monika (referee) ; Ondřej, Jan (referee)
1 Abstract This dissertation deals with investment protection in the European Union from several points of view. The first part deals with the history of investment protection and its main basis and grounds for current legislation and proposals for future regulation, particularly within the EU. In subsequent parts, current legislation and intra-European Union investment protection is analysed in detail, including the question of validity and applicability of Intra-EU BITs, i.e. bilateral treaties concluded between two EU Member States. The analysis is made from the perspective of EU law, as well as from the point of view of public international law. The dissertation further deals with their relationship and demonstrates contradictions between them in two crucial cases, Eureko/Achmea and Micula. Additional themes of this dissertation are the powers of the European Union regarding investment protection and the conclusion of international treaties such as CETA and TTIP. This dissertation further deals with the status, jurisdiction and functioning of the International Centre for Settlement of Investment Disputes (ICSID), demonstrating the relatively smooth and widely accepted investment dispute settlement mechanism. In this regard, the proposed EU Multilateral Investment Court project in analysed, including a...
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