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CJEU as a Political Actor in the Termination of intra-EU BITs: Judicial Activism in Achmea Ruling
Juráš, Jan ; Šlosarčík, Ivo (advisor) ; Kasáková, Zuzana (referee)
The topic of the role and function of the Court of Justice of the European Union has been the subject of academic debate for quite some time. In recent years, a number of new studies have begun to examine judicial activism, also known as the process of judicialization of EU policy. It is a process by which the Court of Justice not only interprets the law, but directly creates it, thus becoming a full-fledged actor in the legislative and institutional framework of the EU. The work combines the topic of judicial activism with the issue of international investment protection in the EU, in which the Court of Justice of the EU has become a key actor by delivering the termination of intra-EU bilateral investment treaties between EU member states. In its judgment in the Achmea case, the Court of Justice ruled that these treaties are incompatible with the EU law system as investment arbitrations initiated on the basis of these treaties may undermine the autonomous position of the Court of Justice as the only institution that has a competency to interpret EU laws. The thesis also deals with the scale of the judicial activism in the Achmea ruling. Position of the other actors of the EU institutional framework is also presented. The work thus represents an interdisciplinary approach to the research of...
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Does Political Ideology Influence the Czech Counstitutional Court's Decision-making?
Chmel, Jan ; Wintr, Jan (advisor) ; Kühn, Zdeněk (referee)
In the presented thesis the author analyses the possible influence of judges' ideolog-ical beliefs on the Czech Constitutional court decision making. The thesis is divided into two parts, theoretical and analytical one. The first part emphasizes the need to distin-guish between the fact that courts' decisions have political consequences and the suspi-cion that those decisions are made in a political way. The theoretical part thus focuses on the discussions on the judicialization of politics, constitutional interpretation, judicial legitimacy and the attitudinal model of judicial decision making. Since the judge can no longer be seen only as "the mouth that pronounces the words of the law", other factors than the text of law (or the Constitution) that determine their decisions should be taken into account. Political beliefs could be one of such factors. Nevertheless, the author ar-gues, that judges lack democratic legitimacy for making purely political decisions and so it is important that they suppress the conscious or subconscious tendency to decide the constitutional cases according to their ideological beliefs. It is thus useful to test the sceptical hypothesis, that what judges do is actually pure politics. It is argued that the analysis of the decision making can be enriched by employing the...
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The influence of selected ECJ judgements on the forming of common commercial policy of EU
Vicherek, Ondřej ; Bič, Josef (advisor) ; Procházková Ilinitchi, Cristina (referee)
The goal of my diploma thesis is to describe the influence of ECJ decision making on the common commercial policy ("CCP") of EU. Specifically my thesis examines what factors influence ECJ decision making about direct effect of trade agreements implementing CCP. These factors are applied on several treaties, where the court has not yet decided on their potential direct effect and on a present case at ECJ on direct effect of WTO treaties. With regard to the goal of my thesis an important part of my thesis deals with the development of ECJ decision making. Methods applied in my thesis are analysis and comparison of selected judgements that influence the CCP of EU. After proper analysis I found out that the main motiv behind ECJ decision making is that, if the negotiating position of EU is to be deteriorated, the ECJ is likely to find that the treaty does not have direct effect. Other factors are of secondary character. Examining the influence of decision making of ECJ on direct effect of trade agreements is important, because the role of ECJ influences the legal certainty of subjects about direct applicability of international trade treaties.
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