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The Legal Nature of the Schengen Acquis
Solich, Robert ; Král, Richard (advisor) ; Scheu, Harald Christian (referee)
The Legal Nature of the Schengen Acquis Mgr. Robert Solich Abstract The thesis deals with general legal aspects of the Schengen acquis which represents a set of rules relating to the lifting of the border control at internal borders of the states concerned. It especially focuses on internal structure of the Schengen acquis, at its legal effect and legal forms with their mutual relations during particular phases of the development of the Schengen acquis. The author describes in detail the process of europeisation of the Schengen acquis, which was originally created as a legal subsystem of international law based on the "Schengen agreements" and later integrated into the framework of EU on the basis of the Treaty of Amsterdam. The author elaborates the question of legal effects of the acquis integrated in the EU and its co-existence with newly adopted Community or Union Schengen acquis. Within the analysis, the changes stemming from the Treaty of Lisbon are taken into account as well. The thesis further deals with territorial scope of the Schengen acquis and the EU case-law relating to the acquis in question.
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Stay of the third-country nationals in the Schengen Area in the common visa policy framework
Murad, Daniela ; Tomášek, Michal (advisor) ; Pítrová, Lenka (referee)
The thesis deals with the development of the Schengen cooperation and characteristic of the Schengen acquis transforming in the course of time, with the stress on the field of visa and residence/migration policy. Main emphasis is on the valid legislation concerning the status and stay of the third country nationals. The thesis looks into problematic parts of the legislation, both theoretical and practical, and provides opinion of the author on those matters. The thesis is divided into four main spheres. The first one concerns development of a visa and migration policy in the framework of development of the Schengen cooperation and its gradual integration into the main EU policies, its definitions and different participation of the Member States. Following key part of the thesis deals with the current valid provisions of the stay of the third country nationals (citizens of the countries outside of the EU). This part defines subjects of law coming from the third countries, as differentiated by the Union and Czech law and defines various types of authorization to stay which entitle them to short or long-stay at the Schengen or Czech territory. The third segment deals with the family members of the EU nationals who are covered by specific legal framework. Last part of the thesis encompasses future...
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The Legal Nature of the Schengen Acquis
Solich, Robert ; Král, Richard (advisor) ; Scheu, Harald Christian (referee)
The Legal Nature of the Schengen Acquis Mgr. Robert Solich Abstract The thesis deals with general legal aspects of the Schengen acquis which represents a set of rules relating to the lifting of the border control at internal borders of the states concerned. It especially focuses on internal structure of the Schengen acquis, at its legal effect and legal forms with their mutual relations during particular phases of the development of the Schengen acquis. The author describes in detail the process of europeisation of the Schengen acquis, which was originally created as a legal subsystem of international law based on the "Schengen agreements" and later integrated into the framework of EU on the basis of the Treaty of Amsterdam. The author elaborates the question of legal effects of the acquis integrated in the EU and its co-existence with newly adopted Community or Union Schengen acquis. Within the analysis, the changes stemming from the Treaty of Lisbon are taken into account as well. The thesis further deals with territorial scope of the Schengen acquis and the EU case-law relating to the acquis in question.
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Schengen System and Current Issues of its Realization
Klesnil, Jan ; Grmelová, Nicole (advisor) ; Kostelanský, Ludvík (referee)
The aim of this diploma thesis lies in detail description of the whole Schengen system including its links to the general EU legal framework and in critical analysis of selected issues that the Schengen system is currently facing. The first chapter of the thesis deals with a general legal framework of the free movement of persons and the area of freedom, security and justice. The second chapter is devoted to the formation, development, actual legal framework and territorial scope of the Schengen system. Further there is a detail description of schengen cooperation with emphasis put on the protection of external borders and FRONTEX agency. By using a journal articles and relevant case law of the Court of Justice of the EU the third chapter is aiming to analyze selected issues of realization of Schengen system and to name its current challanges.
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Position of third-country nationals in European Union law
Trinh, Thuy Duong ; Grmelová, Nicole (advisor) ; Miková, Štěpánka (referee)
The aim of this work is to clarify the position of third-country nationals in European Union law in terms of migration and free movement. The first chapter describes the development of European integration and formation of free movement within the European primary law. Great attention is paid to the Schengen acquis. The second chapter provides an overview of the specific directives, which directly concern the right of entry and residence of third country national in EU. The third and also final chapter focuses on the visa policy of the European Union. Individual chapters are interlaced by judgements of the Court of Justice of the European Union, which had a major impact on the interpretation of Community law.
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