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European Commission as a Guardian of the Treaties
Langhammerová, Šárka ; Plechanovová, Běla (advisor) ; Parízek, Michal (referee)
This bachelor thesis focuses on the behavior of the European Commission in the infringement of proceedings based on article Article 258 et seq. TFEU. The paper seeks to look behind the borders of mere legal framework of infringement proceeding and deals primarily with the political influences, which can affect the Commission's decision on how to act, as well as the theories, which try to explain and predict its reaction on the violation of Treaties by a Member State or different actors. The structure of the paper is as follows. Firstly, this thesis deals with the Commission's position in the system of the EU, with basic information about the Commission, then raises the question of whether the Commission is independent and impartial, or whether it is under some external or internal political pressures. Secondly, the thesis studies the infringement proceedings and the possibilities, procedures and tools available to the Commission to enforce the law and also how the Commission uses these options in practice. Of course, the paper will also cover the limits of this procedure. The Commission's main limitation of its ability to enforce the law is the lack of resources. This problem helps to resolve its discretion power. It can choose in which case of non-compliance to initiate the infingement...
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Administrative discretion
Gregor, Adam ; Kopecký, Martin (advisor) ; Staša, Josef (referee)
Resumé The submitted work, that I named "Administrative discretion", deals with general administrative law's phenomenon of the same name. Administrative discretion or discretionary power (administrative consideration) accompanied public administration throughout its history. Today, it is something absolutely necessary, without which public administration would be paralysed. The reason for this statement is the complexity of social relations, that, because of their infinite variability, can never be anticipated by precise detailed legal regulation. After short introduction I remind the reader of two conceptions of public administration, when the emphasis is put on the material sense, because discretionary power always has to be integral to authority. The second chapter indroduces the nature of administrative discretion. The chosen method is based on short characterization followed by distinguishing from other "forms of freedom" that we can come across within public administration. The following chapter concentrates on the issue of space a explains how the legislator delineates this space within which discretionary power can be used, which relates to the question of freedom and "limitedness". In the fourth (and largest) chapter I minutely describe criterions (standards, factors), that administrative body must...
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