|
|
The preliminary ruling
Chudoba, Stanislav ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The preliminary ruling The subjects of thesis research are preliminary rulings considering the Czech civil proceedings and preliminary rulings submitted to the Court of Justice of the European Union. The thesis is designed to analyze legal changes made to the preliminary rulings with emphasis on the case-law. The introductory historical part of this thesis describes the then Roman law institute called praeiudicium, in which the beginnings of the development of the current form of the preliminary rulings can be observed. Later on, the attention of the thesis is shifted towards preliminary rulings in the legal order of the Czech Republic. After the opening determination of the term, the following chapters begin to focus on the nuances of the terminology of this procedural institute, position of the preliminary ruling in the judgment or explaining the differences between material and procedural preliminary rulings. The main chapter is centered around the boundness of the court by existing decisions regarding the specific question. This part is followed up by the explanatory breakdown of the law in force. The next chapters of the thesis discuss the assessment of the preliminary rulings that have not been ruled yet. The chapters also examine facultative and obligatory suspension of the proceeding...
|
|
|
Preliminary question raised by czech courts regarding jurisdiction pursuant to the Brussel I and Brussel I bis Regulation
Hrušková, Monika ; Brodec, Jan (advisor) ; Pauknerová, Monika (referee)
Preliminary question raised by czech courts regarding jurisdiction pursuant to the Brussel I and Brussel I bis Regulation Abstract This thesis deals with jurisdiction in the Brussels I and Brussels I bis regulations. It primarily places the emphasis on an interpretation of the individual provisions of the regulation as governing the jurisdiction of the Court of Justice, in particular in the form of judgments in preliminary ruling procedure, focusing mainly on the preliminary rulings of Czech courts. The paper is divided into four chapters, preceded by a general introduction and completed with a conclusion. The first chapter deals with the development of preliminary rulings in European law, the harmonisation of its dualistic regulation from Articles 68 and 234 of the Treaty on Establishing the European Community in Article 267 of the Treaty on the Functioning of the European Union and a description of preliminary ruling procedure both before national courts and before the Court of Justice. The second chapter briefly analyses a selection of four of the most important pieces of case law which the Court of Justice has dealt with within the bounds of preliminary ruling procedure. The case law involved is Van Gend en Loos, Costa v. E.N.E.L., Casis de Dijon and Francovich. The third chapter considers jurisdiction...
|
|
|
Investment Protection in the European Union
Olík, Miloš ; Pauknerová, Monika (advisor) ; Feigerlová, Monika (referee) ; Ondřej, Jan (referee)
1 Abstract This dissertation deals with investment protection in the European Union from several points of view. The first part deals with the history of investment protection and its main basis and grounds for current legislation and proposals for future regulation, particularly within the EU. In subsequent parts, current legislation and intra-European Union investment protection is analysed in detail, including the question of validity and applicability of Intra-EU BITs, i.e. bilateral treaties concluded between two EU Member States. The analysis is made from the perspective of EU law, as well as from the point of view of public international law. The dissertation further deals with their relationship and demonstrates contradictions between them in two crucial cases, Eureko/Achmea and Micula. Additional themes of this dissertation are the powers of the European Union regarding investment protection and the conclusion of international treaties such as CETA and TTIP. This dissertation further deals with the status, jurisdiction and functioning of the International Centre for Settlement of Investment Disputes (ICSID), demonstrating the relatively smooth and widely accepted investment dispute settlement mechanism. In this regard, the proposed EU Multilateral Investment Court project in analysed, including a...
|
|
|
Problematic aspects of the C.I.L.F.I.T. criterions enshrined in the CJEU's judgement
Sviatkin, Ivan ; Kunertová, Tereza (advisor) ; Zemánek, Jiří (referee)
The topic of the thesis are CILFIT criterions. These criterions were established by the Court of Justice of the European Union as conditions for application of the acte clair doctrine by national courts of last resort. The conditions determine situations in which such a court does not have an obligation under Article 267/3 to bring a matter before the Court of Justice. First of all, thesis describes the historical circumstances, which gave rise to the CILFIT case as well as the facts of that issue. Then it analyses one by one CILFIT criterions and also current procedure of submitting preliminary questions as a whole. As a part of the analysis, it focuses on the practical application of the abovementioned conditions by the courts of the Member States. It targets purely theoretical ideas too. The thesis, further, identifies certain problematic aspects of the CILFIT conditions. Subsequently, some possible solutions are being suggested and their effectiveness and appropriateness are being examined.
|
|
|
Preliminary ruling from Spanish courts to the Court of Justice in the area of consumer protection
Starková, Karolína ; Grmelová, Nicole (advisor) ; Sádaba, Félix (referee)
The Bachelor thesis provides the entire view of the functioning of the preliminary ruling and it is application in the area of consumer protection with concrete examples. This work is divided into theoretical and practical part. The theoretical passage is devoted to interpretation of the basic concept of proceedings for preliminary ruling, such as the admissibility, the content and facultative and obligatory submitted preliminary ruling. The practical part represents the identification and analysis of Spanish judgements. The reader is also acquainted with the Czech preliminary ruling in the area of consumer protection which is reflected in the statistics of the number of preliminary ruling for the 2010 -- 2014. According to the analysis and to the comparison of data regarding the number of Czech and Spanish preliminary ruling of consumer protection it is obvious that Spanish courts contribute more to the development of case-law of the Court of Justice in the area of consumer protection than the Czech courts.
|
|
|
The case-law of the Court of Justice of the EU in the area of human rights protection
Zúberová, Dominika ; Grmelová, Nicole (advisor) ; Celnarová, Iva (referee)
This bachelor's thesis deals with the protection of human rights in the European Union. It describes how the protection of human rights developed and what was the role of the Court's case-law. The thesis then focuses on the prohibition of discrimination based on sex, particularly in the area of remuneration. One of the parts also describes the preliminary ruling procedure, the type of procedure in which the Court began to deal and still dealing with the human rights (among others). The main part of the thesis consists of the analysis of selected judgements of the Court in the area of equal pay for men and women. The aim of this bachelor's thesis is to outline the development of human rights protection in the EC/EU with a focus on the equality between men and women in pay for equal work.
|
|
| |
guest ::
