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Accession of the European Union to the European Convention on Human Rights
Brabcová, Anna ; Kunertová, Tereza (advisor) ; Pítrová, Lenka (referee)
OF DIPLOMA THESIS IN ENGLISGH LANGUAGE The matter of accession of the European Union to the European Convention on Human Rights has been for decades a hot topic of legal and academic discussions. On the 18th December 2014, the Court of Justice of the European Union issued its long awaited Opinion 2/13 where the CJEU ruled that the Draft Accession Agreement is not compatible with EU law. In my diploma thesis I deal with the issue of accession of the EU to the ECHR. My aim is to provide with: 1) a complex analysis of the accession procedure, 2) an analysis of the Opinion 2/13 itself and 3) to outline the potential development of future steps. I particularly focus my attention on the CJEU reasoning in the Opinion 2/13 and I emphasize some facts showing the position of the CJEU from the different point of view. The first part of my diploma thesis provides an overview of development of the idea of the EU accession to the ECHR. Moreover, in the first part I deal with reasons for the accession, issue of legal basis for the accession and finally, I focus my attention to the negotiating process. The second part deals with the period after the 18th of December 2014 when the Draft Accession Agreement has been by the CJEU announced as incompatible. I analyse the CJEU's reasoning in the Opinion 2/13 and the View...
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Montenegro's Accession to European Union
Ivanović, Mijo ; Kučerová, Irah (advisor) ; Kasáková, Zuzana (referee)
All policies, initiatives and ideas of accession countries are directed towards the European Union. With the safe development and enlargement, European Union is the world's center of peace and stability. For Montenegro, as a small open economy in the Western Balkans, which tends to become part of a unique political, economic and cultural market, entrance into the EU is a strategic goal from independence gained in 2006. Within the framework of the process of European integration, Montenegro unifies all resources that are still significantly underdeveloped thus creating better options for their absorption and further development. In accordance with the previous, the key issues that are analyzed in this paper are the following: In what way and at what "speed" is Montenegro working on the process of EU integration? With what kind of problems and challenges Montenegro is facing? What methods in the context of European integration Montenegro is using? To what extent are the solutions optimal and relevant for Montenegro? Key words: integration, candidate, negotiation, accession, Montenegro, European Union
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The accession of the Czech Republic and Slovakia in the OECD
Voříšek, Martin ; Váška, Jan (advisor) ; Just, Petr (referee)
This comparative case study deals with the accession of the Czech Republic and the Slovak Republic to the Organization for Economic Cooperation and Development (OECD). The goal of this study is to ascertain how differences in the process of accession of the Czech Republic and the Slovak Republic to the OECD reflected the political and economic differences between the countries. Furthermore, this study deals with the role which the way and consequences of the dissolution of Czechoslovakia played in the accession. The author build on the thesis that the later entry of the Slovak Republic to the OECD was due to unfavourable political situation in the Mečiar's government, which was reflected in the national economy. This thesis also maintains that the Slovak Republic was not disadvantaged as a result of the dissolution (neither by the Czech side, nor OECD), which would result into delayed accession of Slovakia to the OECD. The key chapters deal with each country's accession to the OECD. While the Czech accession to the OECD ran relatively smoothly, in the case of Slovakia it is necessary to describe the major factors which influenced the long accession process. These include in particular the foreign policy orientation and transformation during the course of Mečiar's governments.
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Beyond Charlemagne's legacy: Normative Empire and the Independence of the Judiciary in Conditionality
Vienne, Cassiopee ; Šlosarčík, Ivo (advisor) ; Cibulková, Petra (referee)
Accession negotiations to the EU since 2004 brought significant changes to European enlargement customary law and exacerbated the reliance of the Commission on conditionality to impose its leverage on present and prospective member states. The subsequent development of European norms in the pre-accession phase was transposed onto current member states and led to the edification of a Normative Empire. This research reformulated the concept of Normative Empire while resting on factual and contemporary evidence. It investigated why the increasingly significant role in conditionality of the principle of independence of the judiciary contributed to the metamorphosis of the EU into a Normative Empire. The argumentation of this research rested on the study of Bulgaria, Croatia and Romania. In addition to their geographical kinship, these three cases share issues of rampant corruption, notably in the political and judicial structures, which remain the main obstacles to their accession or full membership. The analysis of the Commission's influence in judicial reforms during the pre and post-accession phases was supported by a thorough study of the Cooperation and Verification Mechanism and the progress reports from 2004 till present. In conclusion, the Commission's post-accession monitoring in Bulgaria and...
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Germany's European policy in the Western Balkans on the example of Croatia's accession to the EU
Radalj, Lovorka ; Handl, Vladimír (advisor) ; Zimmermann, Volker (referee)
The master thesis "Germany's European policy in the Western Balkans on the example of Croatia's accession to the EU" deals with the role of the Federal Republic of Germany in the Europeanisation of the countries of the Western Balkans in order to achieve stability in the region and peaceful resolution of the conflicts. Germany's main objectives in its European Policy in the Western Balkans have been to restore democracy, liberal economic market, rule of law, resolution of the refugee problem, protection of minorities, protection of the human rights and regional cooperation. The stabilisation of the Western Balkan should be achieved by its integration with the West: EU and NATO. Germany is intensively present in the Western Balkans since the breakup of Yugoslavia in the 1990s. Through its active involvement in the crisis of Kosovo, Germany strengthened its leadership role and responsibility within the EU. At the same time it also strengthened its position in the Western Balkans by its political, economic and humanitarian engagement. The focus will be on the description and interpretation of the motives of Germany's involvement in the integration of the Western Balkan in the EU. The aim of the thesis is to interpret the steps Germany took as a strong advocate of the EU- accession by the example of Croatia's...
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Changes in parties in civil procedure
Minařík, Jan ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
Changes in parties in civil procedure Abstract This thesis deals with institutes whose goal is to change the party of proceedings in civil procedural law. Whether as a result of action of the parties or an event independent of their will, there may arise situations in the proceedings where one or the other party loses its substantive legitimacy or even procedural subjectivity. The law must therefore respond to these changes in order to ensure the conditions for continuing the proceedings and issuing a judgment on the merits without the need to stop the current proceedings and initiate new ones. However, in order to maintain speed and to prevent the multiplication of disputes, the procedural rights of the parties, in particular the defendant's, must not be unduly affected. In its first part, the thesis examines the relationship between civil procedural and substantive law and explains individual terms related to participation in the proceedings, which it often uses in the rest of thesis, namely the formal concept of participation and substantive and procedural legitimacy of the parties. The following four sections then deal with the individual institutes that fall under the concept of 'changes in parties', namely the accession of a participant, the substitution of a participant and the procedural succession...
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Accession of the European Union to the European Convention on Human Rights
Brabcová, Anna ; Kunertová, Tereza (advisor) ; Pítrová, Lenka (referee)
OF DIPLOMA THESIS IN ENGLISGH LANGUAGE The matter of accession of the European Union to the European Convention on Human Rights has been for decades a hot topic of legal and academic discussions. On the 18th December 2014, the Court of Justice of the European Union issued its long awaited Opinion 2/13 where the CJEU ruled that the Draft Accession Agreement is not compatible with EU law. In my diploma thesis I deal with the issue of accession of the EU to the ECHR. My aim is to provide with: 1) a complex analysis of the accession procedure, 2) an analysis of the Opinion 2/13 itself and 3) to outline the potential development of future steps. I particularly focus my attention on the CJEU reasoning in the Opinion 2/13 and I emphasize some facts showing the position of the CJEU from the different point of view. The first part of my diploma thesis provides an overview of development of the idea of the EU accession to the ECHR. Moreover, in the first part I deal with reasons for the accession, issue of legal basis for the accession and finally, I focus my attention to the negotiating process. The second part deals with the period after the 18th of December 2014 when the Draft Accession Agreement has been by the CJEU announced as incompatible. I analyse the CJEU's reasoning in the Opinion 2/13 and the View...
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Croatian accession to the European Union: impact on the agricultural sector
Ducháčová, Kristýna ; Glazar, Ondřej (advisor) ; Hayat, Arshad (referee)
The diploma thesis studies the short-term impact of Croatian accession to the EU on its agricultural sector. This is done by discussing current literature in the field, studying Croatian accession process, analysing Croatian economic indicators and agricultural sector, utilizing Slovenian experience with accession, and using econometric analysis. Both the empirical evidence and results of model estimation show that Croatia is better off after the accession with regard to the agricultural trade. Early post-accession data show no evidence of serious adverse effects on employment or volume of trade. There is much stronger agricultural export decrease to the CEFTA countries in 2013 than to the EU countries, shifting the ratio of export in favour of the EU. A significant increase of imports from the EU is registered after the accession but imports from the CEFTA countries remain unchanged. The results show that the EU accession has positive impact on Croatian agricultural trade.
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Montenegro's Accession to European Union
Ivanović, Mijo ; Kučerová, Irah (advisor) ; Kasáková, Zuzana (referee)
All policies, initiatives and ideas of accession countries are directed towards the European Union. With the safe development and enlargement, European Union is the world's center of peace and stability. For Montenegro, as a small open economy in the Western Balkans, which tends to become part of a unique political, economic and cultural market, entrance into the EU is a strategic goal from independence gained in 2006. Within the framework of the process of European integration, Montenegro unifies all resources that are still significantly underdeveloped thus creating better options for their absorption and further development. In accordance with the previous, the key issues that are analyzed in this paper are the following: In what way and at what "speed" is Montenegro working on the process of EU integration? With what kind of problems and challenges Montenegro is facing? What methods in the context of European integration Montenegro is using? To what extent are the solutions optimal and relevant for Montenegro? Key words: integration, candidate, negotiation, accession, Montenegro, European Union
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Germany's European policy in the Western Balkans on the example of Croatia's accession to the EU
Radalj, Lovorka ; Handl, Vladimír (advisor) ; Zimmermann, Volker (referee)
The master thesis "Germany's European policy in the Western Balkans on the example of Croatia's accession to the EU" deals with the role of the Federal Republic of Germany in the Europeanisation of the countries of the Western Balkans in order to achieve stability in the region and peaceful resolution of the conflicts. Germany's main objectives in its European Policy in the Western Balkans have been to restore democracy, liberal economic market, rule of law, resolution of the refugee problem, protection of minorities, protection of the human rights and regional cooperation. The stabilisation of the Western Balkan should be achieved by its integration with the West: EU and NATO. Germany is intensively present in the Western Balkans since the breakup of Yugoslavia in the 1990s. Through its active involvement in the crisis of Kosovo, Germany strengthened its leadership role and responsibility within the EU. At the same time it also strengthened its position in the Western Balkans by its political, economic and humanitarian engagement. The focus will be on the description and interpretation of the motives of Germany's involvement in the integration of the Western Balkan in the EU. The aim of the thesis is to interpret the steps Germany took as a strong advocate of the EU- accession by the example of Croatia's...
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