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Judicial Responsibility and Limits of the Decision-making Process in Roman Law
Havel, Tomáš ; Skřejpek, Michal (advisor) ; Falada, David (referee)
The aim of the thesis is to highlight various legal institutions which have carried over into modern times from Roman law and at the same time to provide a historical perspective for the on-going discussion about the changes in contemporary Czech justice. The main subject of the thesis is the responsibility of a judge and the limits of the judge's actions during the period of Roman republican law. Although the primary focus of the thesis is civil law, excursions into penal law as well as into the law of the Roman Empire are necessary in order to maintain the integrity of the text.
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The Berka Family of Dubá Under the Jagiellonian Rule
Syslová, Anna ; Čechura, Jaroslav (advisor) ; Doležalová, Eva (referee)
The bachelor thesis deals with the development of the Ronov family and mainly its subsequent branching. In the introduction, the work focuses on the emergence of the nobility and later on its subsequent operation in the Jagiellonian period. The Ronov family is presented, its "mythical" ancestors according to medieval chronicles and subsequently proven members of the family. The work mainly follows the Berka family of Dubá, its influence and property during the reign of the Přemyslids, Luxemburgs, during the Hussite storms and mostly during the reign of George of Poděbrady and during the reign of the Jagiellons on the Czech throne. In whose time he will focus on the court and the chief judge of court Jaroslav Berka of Dubá. The work tries to map the changing possessions of the family, the issue of marriage, frequent names in the family and the gradual fall of formerly powerful masters until the 18th century, when their influence declines and family members are almost in oblivion. Keywords of the Ronovs, Berka of Dubá, Lichtenburgs, Court of Justice, aristocracy, Jaroslav Berka of Dubá, Jagiellons
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Current issues of supplementary protection certificates for medicinal products in the case law of the European court of justice
Révész, Filip ; Petrlík, David (advisor) ; Dobřichovský, Tomáš (referee)
1 Current Issues of Supplementary Protection Certificates for Medicinal Products in the Case Law of the European Court of Justice Abstract Supplementary protection certificates (SPCs) are a sui generis industrial property right. Under the conditions, which are explained in more detail in this thesis, they can be obtained for the active ingridients of certain products. The type of products eligible for SPC protection are, inter alia, medicinal products which are characterized by their social importance and therefore by the need to ensure their safety, efficacy and quality. Given that the process of providing these guarantees is both costly and time consuming and that the commercialization of the product is conditional on such guarantees, the period for which medicinal products can benefit from patent protection is therefore shortened. The aim of the SPCs is to compensate for this shortening by an additional period of protection in order to incentivise research that has a positive effect on human health and quality of life. This work analyzes the evolution of the case law of the Court of Justice with regard to an interpretative shift or clarification, in particular as regards the substantive conditions for obtaining a certificate and provisions pertaining to the term of the SPC as laid down in the SPC...
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Expedited and urgent procedure in proceedings before the Court of Justice of the European Union
Kutlík, Michal ; Král, Richard (referee) ; Pítrová, Lenka (referee)
The presented thesis deals with an analysis of the accelerated and urgent procedure in proceedings before the Court of Justice of the European Union. The thesis concretely analyses the expedited procedure in proceedings regarding actions before the General Court and proceedings regarding actions and appeals before the Court of Justice, as well as expedited and urgent preliminary procedure. Each chapter deals with the analysis of the specific procedures in view of the description of the historical context for introduction of the procedure, characteristics of the procedure, statistics for granting the specific procedure, the most interesting cases from the Court's case-law and a final short summary of the specific procedure. Mutual comparison of the procedures is also described in the thesis, allowing to better understand the differences between the two methods, not only from the perspective of the instance, which deals with the case, but also in light of their different scope within the preliminary ruling. The aim of this thesis is to define the place of the expedited and urgent procedure in proceedings before the Court of Justice of the European Union in the light of the new version of the Rules of Procedure of the Court of Justice and outline their possible application in the future.
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The Status of the Charter of Fundamental Rights of the EU and its Application by Member States
Kábrtová, Adéla ; Scheu, Harald Christian (advisor) ; Král, Richard (referee)
The purpose of this thesis is to analyse the status of the EU Charter in the system of EU law and its application by Member States. EU fundamental rights in the EU can be perceived as controversial, because they can be regarded as a means of control of Union institutions, but also as a way of expansion of EU competences. In this context I will explore the EU Charter. The thesis is composed of 5 Chapters. In the First Chapter I will explain why human rights protection was not included in the Founding Treaties; furthermore I will elaborate on the case law of the Court which gave rise to EU fundamental rights as general principles of EU law. I will also explain why human rights are a sensitive issue between the EU and Member States. Chapter Two examines the development, content and the legal effects of the EU Charter. It also explores the parallel regime of the EU Charter and EU fundamental rights as general principles after the Treaty of Lisbon. Chapter Three is the core of this thesis. It explains the scope of application of the EU Charter by Member States. Based on the case law of the Court of Justice it will be shown that Member States are bound by EU fundamental rights when they act in the scope of EU law, which comprises of implementation of EU law, but also of derogation from EU law. It will be shown...
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Judicial Responsibility and Limits of the Decision-making Process in Roman Law
Havel, Tomáš ; Skřejpek, Michal (advisor) ; Falada, David (referee)
The aim of the thesis is to highlight various legal institutions which have carried over into modern times from Roman law and at the same time to provide a historical perspective for the on-going discussion about the changes in contemporary Czech justice. The main subject of the thesis is the responsibility of a judge and the limits of the judge's actions during the period of Roman republican law. Although the primary focus of the thesis is civil law, excursions into penal law as well as into the law of the Roman Empire are necessary in order to maintain the integrity of the text.
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Process of Institutional Reforms of European Union in Light of its Enlargement
Pohunková, Hana ; Neumann, Pavel (advisor) ; Šaroch, Stanislav (referee)
The topic of this diploma thesis is the Process of institutional reforms of EU in light of its enlargement. The thesis is divided into two parts -- theoretical part and practical part. Theoretical part talks about European treaties that founded or reformed five main European institutions -- Parliament, Council, Commission, Court of Justice and Court of Auditors. In separate chapter the thesis talks about Lisbon Treaty and this chapter is followed by description of the main institutions. Practical part was based on original research in which almost two hundred respondents took part and which was focused on the knowledge of respondets of the administration of EU. The results of the research were analysed in form of commented graphs and tables. Based on the research, last chapter provides recommendations that should help increase the knowledge of Czechs of the EU administration.
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