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Legislative Development of Labor Mobility in the European Communities
Šubrt, Michael ; Lukešová, Anna (advisor) ; Šlosarčík, Ivo (referee)
This bachelor thesis examines the legislative development of labor mobility within the European Communities. The key research question is formulated as: "What has been the development of labor mobility within the European Communities and what legislative changes has this phenomenon undergone?" That makes this thesis a historical single-case study focused on one particular European policy. To explain the development, this thesis analyses primary sources (e.g., the primary and secondary European legislation and international treaties) but it also considers secondary legislation and the broader context. The main article is divided into four subchapters, each dedicated to the development in particular periods: before the establishment of the European Economic Community, after the Treaties of Rome, after the Single European Act, and finally after the establishment of the European Union by the Maastricht Treaty. The conclusion provides a summary of the findings.
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European Mobility from the Perspective of European Integration
Šubrt, Michael ; Lukešová, Anna (advisor) ; Kasáková, Zuzana (referee)
This bachelor thesis examines the institutional development of European mobility in the European Communities and the European Union. The phenomenon of mobility is understood as freedom of movement for workers, which evolved into the freedom of movement for all European Union citizens. The key research question is formulated as: "Where and when might the origin of the European mobility be found?" and "How has it evolved since?" That makes this thesis a historical case study focused on one particular European policy. To explain the development, this thesis analyses primary sources (e.g. the European legislation) and secondary literature. The historical section is divided into six subchapters, which describe the development in particular periods: before the establishment of the European Economic Community, after the Treaties of Rome, after the Single European Act, after the establishment of the European Union by the Maastricht Treaty, after the Amsterdam Treaty and finally after the Treaty of Lisbon reforms. In the final discussion, the ascertained knowledge is confronted with some of the European integration theories (e.g. the theory of major historical breaks or neofunctionalism).
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COMMON EU VISA POLICY AND THE RIGHT OF APPEAL AGAINST A VISA REFUSAL
Koukal, Michal ; Scheu, Harald Christian (advisor) ; Pítrová, Lenka (referee) ; Pořízek, Pavel (referee)
This thesis deals with a description and analysis of the EU law and policy on Schengen visas. The EU visa policy is analysed in its historical development and its place in the framework of Schengen acquis. Separately, important visa policy measures are analysed including the typology of visas, exceptions from visa obligation, visa reciprocity, visa facilitation and processes of visa liberalisation. Different phases of the visa procedure are studied with focus on the questions whether there is a right to be issued a Schengen visa when the conditions are met and the right of appeal. The relevant legislation subject to analysis is above all the Visa Code, the regulation on visa lists and the relevant jurisprudence of the Court of Justice. By way of illustration, the implementation in the Czech legal order is used and jurisprudence of the Czech higher courts is quoted to show to what extent the EU visa procedure and visa refusal matches the requirements of the administrative law theory on the administrative procedure and decision in general. The relevant rules are assessed as to the extent they match with principles of legitimacy, influence of legal certainty, effectiveness and proportionality. The core of the work is a hypothesis that current EU visa rules do not establish a right to a visa when the...
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Immigration Policy of the European Union: Legal Status of Third-Country Residents
Krivenkaya, Yana ; Pulgret, Miroslav (advisor) ; Knutelská, Viera (referee)
This master thesis deals with the issue of development of the EU immigration policy and expansion of the rights of third-country nationals who have been legally residing in the territory of the Union throughout this development. The aim of this thesis is to outline the crucial milestones in the form of primary and secondary legislation that led to the broadening of the scope of rights of third-country nationals in the Union, while examining their legal status in the Union in general and in the Member States in particular. The first part of this master thesis introduces the historical background, outlines the development in context of the European Union and provides the categorisation of legal third-country nationals residing in the territory of the EU, whereas the second part of the thesis deals with transposition of European legislation into national legislation of the selected Member States - Germany and the Czech Republic - while drawing a line of compliance and emphasising local requirements that were introduced in addition to (but not exceeding the scope of limitation provided by) EU legislation. In order to be able to determine the quality and ease of fit between the EU and the receiving Member States the descriptive content analysis is employed. In the second part of this thesis it is case...
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Right of entry and residence on the territory of member states of the European Union
Vláčil, Jiří ; Král, Richard (advisor) ; Pítrová, Lenka (referee) ; Svobodová, Magdaléna (referee)
This thesis deals with analysis of EU rules on entry and residence on the territory of Member States. These rules are described from the perspective of different groups of people, EU citizens, citizens of EFTA Member States, family members or citizens of Turkey, and also from the perspective of Member States participating in the Schengen Border Area and Member States outside this Area. The core of this thesis consist is the analysis of four key EU rules in this field, namely the Border Code (Regulation 562/2002), the Visa Code (Regulation 810/2009), the 539/2001 Regulation and the 2004/38 Directive, as well as relevant case law of the Court of Justice, that influences the interpretation of the rules in hand significantly. The rules are also assessed from the point of view of principles of legal certainty and legitimacy.
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Right of entry and residence on the territory of member states of the European Union
Vláčil, Jiří
This thesis deals with analysis of EU rules on entry and residence on the territory of Member States. These rules are described from the perspective of different groups of people, EU citizens, citizens of EFTA Member States, family members or citizens of Turkey, and also from the perspective of Member States participating in the Schengen Border Area and Member States outside this Area. The core of this thesis consist is the analysis of four key EU rules in this field, namely the Border Code (Regulation 562/2002), the Visa Code (Regulation 810/2009), the 539/2001 Regulation and the 2004/38 Directive, as well as relevant case law of the Court of Justice, that influences the interpretation of the rules in hand significantly. The rules are also assessed from the point of view of principles of legal certainty and legitimacy.
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Immigration Policy of the European Union: Legal Status of Third-Country Residents
Krivenkaya, Yana ; Pulgret, Miroslav (advisor) ; Knutelská, Viera (referee)
This master thesis deals with the issue of development of the EU immigration policy and expansion of the rights of third-country nationals who have been legally residing in the territory of the Union throughout this development. The aim of this thesis is to outline the crucial milestones in the form of primary and secondary legislation that led to the broadening of the scope of rights of third-country nationals in the Union, while examining their legal status in the Union in general and in the Member States in particular. The first part of this master thesis introduces the historical background, outlines the development in context of the European Union and provides the categorisation of legal third-country nationals residing in the territory of the EU, whereas the second part of the thesis deals with transposition of European legislation into national legislation of the selected Member States - Germany and the Czech Republic - while drawing a line of compliance and emphasising local requirements that were introduced in addition to (but not exceeding the scope of limitation provided by) EU legislation. In order to be able to determine the quality and ease of fit between the EU and the receiving Member States the descriptive content analysis is employed. In the second part of this thesis it is case...
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Right of entry and residence on the territory of member states of the European Union
Vláčil, Jiří ; Král, Richard (advisor) ; Pítrová, Lenka (referee) ; Svobodová, Magdaléna (referee)
This thesis deals with analysis of EU rules on entry and residence on the territory of Member States. These rules are described from the perspective of different groups of people, EU citizens, citizens of EFTA Member States, family members or citizens of Turkey, and also from the perspective of Member States participating in the Schengen Border Area and Member States outside this Area. The core of this thesis consist is the analysis of four key EU rules in this field, namely the Border Code (Regulation 562/2002), the Visa Code (Regulation 810/2009), the 539/2001 Regulation and the 2004/38 Directive, as well as relevant case law of the Court of Justice, that influences the interpretation of the rules in hand significantly. The rules are also assessed from the point of view of principles of legal certainty and legitimacy.
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Changes in visa policy CR after the accession into the Schengen area
Bubnová, Kristýna ; Šlosarčík, Ivo (advisor) ; Handl, Vladimír (referee)
The aim of the thesis entitled Changes in the visa policy of the Czech Republic after accession into the Schengen Area' is the outline and summary of changes that occurred in the area of visa policy of the Czech Republic after accession to the Schengen Area. You will also learn how these changes affected the citizens from other countries, who travel to the Czech Republic for a visa or visa waiver, and to what extent the adoption of the Schengen acquis affected their stay on the Czech territory. The thesis focuses primarily on short visits. Rules for long stays remained the responsibility of particular states and thus are not harmonized within the European Union. It should be noted that the adoption of the Schengen acguis for holders of long-term visas and residence permits holders modified the travel opportunities in the Schengen Area. The introduction of the thesis presents the rules of common visa policy that the states within the Schengen Area apply. Subsequently, the thesis deals with the implementation of the Schengen standards into the visa policy of the Czech Republic and how the adoption influenced the issuing of visas. In conclusion, the impact of the accession to the Schengen Area on specific cases is presented through case studies. Ukraine is listed as a country with a visa requirement,...
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COMMON EU VISA POLICY AND THE RIGHT OF APPEAL AGAINST A VISA REFUSAL
Koukal, Michal ; Scheu, Harald Christian (advisor) ; Pítrová, Lenka (referee) ; Pořízek, Pavel (referee)
This thesis deals with a description and analysis of the EU law and policy on Schengen visas. The EU visa policy is analysed in its historical development and its place in the framework of Schengen acquis. Separately, important visa policy measures are analysed including the typology of visas, exceptions from visa obligation, visa reciprocity, visa facilitation and processes of visa liberalisation. Different phases of the visa procedure are studied with focus on the questions whether there is a right to be issued a Schengen visa when the conditions are met and the right of appeal. The relevant legislation subject to analysis is above all the Visa Code, the regulation on visa lists and the relevant jurisprudence of the Court of Justice. By way of illustration, the implementation in the Czech legal order is used and jurisprudence of the Czech higher courts is quoted to show to what extent the EU visa procedure and visa refusal matches the requirements of the administrative law theory on the administrative procedure and decision in general. The relevant rules are assessed as to the extent they match with principles of legitimacy, influence of legal certainty, effectiveness and proportionality. The core of the work is a hypothesis that current EU visa rules do not establish a right to a visa when the...
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