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Succession proceedings with an international element and a focus on adoption and practical functioning of the succession regulation
Veselá, Lenka ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
Succession with cross-border implications focusing on adoption and application of Succession Regulation in practice The subject of the rigorous thesis is succession with cross-border implications focusing on adoption and application of Succession Regulation in practice. Succession Regulation applies from 17th August 2015 and unifies both conflict of law and jurisdiction rules in matters of international succession. Moreover, it creates European Certificate of Succession (hereinafter the "ECS") to be issued for use in another Member State in order to efficiently settle the succession. Succession Regulation shortens the length of inheritance proceedings and removes obstacles to the exercise of the rights of beneficiaries in relation to succession having cross-border implications. This thesis focuses on adoption of Succession Regulation, basic application rules (scope, principles) and interpretation problems connected to its application in practice. The aim of this thesis is clarification of the main principles of Succession Regulation and providing an overview of the rules for determining its temporal, territorial and subject matter jurisdiction. The main goal is the detailed analysis of problematic issues, which occur in connection with the application of Succession Regulation in practice - not only...
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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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European Competition Law in the Area of Information and Communication Technologies
Blumental, Eva ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
Title: European Competition Law in the Area of Information and Communication Technologies Abstract The world of information and communication technologies developes with a tremendous speed. This pace is something that we need to adjust to, and the EU competition law represents no exception. This thesis concerns development of european competition law in the area of information technologies enabling communication between users. The scope of these technologies is narrowed to telecommunications and so called OTT applications, as both demostrate best the differences caused by dynamic development. In the area of telecommunications the analysis starts with a brief introduction of historical development triggered by process of liberalisation, and continues with the analysis of the decision making of both the Commission and the CJEU. All the areas of competition law are included - articles 101 and 102 of the TFEU, control of concentrations and to certain extent also state aid. Attention is dedicated also to consequences of roaming and of its cancellation, which is about to happen in the upcoming years. A lot of focus is aimed on the Commission's decisionmaking in merger control, where we can assume a development of a certain blueprint. In the area of the OTT applications, we introduce their concept, and a lion...
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The influence of selected ECJ judgements on the forming of common commercial policy of EU
Vicherek, Ondřej ; Bič, Josef (advisor) ; Procházková Ilinitchi, Cristina (referee)
The goal of my diploma thesis is to describe the influence of ECJ decision making on the common commercial policy ("CCP") of EU. Specifically my thesis examines what factors influence ECJ decision making about direct effect of trade agreements implementing CCP. These factors are applied on several treaties, where the court has not yet decided on their potential direct effect and on a present case at ECJ on direct effect of WTO treaties. With regard to the goal of my thesis an important part of my thesis deals with the development of ECJ decision making. Methods applied in my thesis are analysis and comparison of selected judgements that influence the CCP of EU. After proper analysis I found out that the main motiv behind ECJ decision making is that, if the negotiating position of EU is to be deteriorated, the ECJ is likely to find that the treaty does not have direct effect. Other factors are of secondary character. Examining the influence of decision making of ECJ on direct effect of trade agreements is important, because the role of ECJ influences the legal certainty of subjects about direct applicability of international trade treaties.
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Inter-institutional cooperation and disputes within the European Union
Havičová, Aneta ; Grmelová, Nicole (advisor) ; Hubková, Pavlína (referee)
The aim of the thesis is to assess, which institutions are mostly concerned in inter-institutional disputes, what kinds of actions between these institutions CJEU primarily dealt with, or whether or not were these actions found to be warranted or not. The first part of the thesis is focused on the status of inter-institutional cooperation in primary and secondary EU law and European Union institutions that play a role in inter-institutional cooperation. The second part deals with the consequences of a breach of the principle of cooperation by performing the analysis of selected legal disputes between the institutions and bodies of the European Union.
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Value added tax in the case law of the Supreme Administrative Court
Mráz, Matěj ; Zídková, Hana (advisor) ; Pavel, Jan (referee)
The thesis deals with the Supreme Administrative Court case law of value added tax. It deals with the analysis of 2011 and 3 selected case law this year. It also includes the history development of case law on VAT since 2003. At the beginning of this work is a desription of the most important national and European legislation, together with the basic structural elements of the tax.
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