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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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The Czech Republic as a party to the proceedings for the failure to fulfill an obligation resulting from EU Treaties
Kučera, Václav ; Zemánek, Jiří (advisor) ; Král, Richard (referee)
The aim of this diploma thesis is partly a reflection on the history and current form of the institute of infringement proceedings and in particular the analysis of the Czech Republic's participation in this type of procedure since its entry into the European Union. Proceedings for failure to fulfill an obligation is introduced as the main sanction- control mechanism under EU law, the purpose of which is to ensure that Member States comply with the obligations they adopted in connection with accession to the EU and that union norms have full effect. At the beginning is outlined the historical development of the infringement proceedings, i.e. on what purpose and in which way was this control mechanism initially incorporated into the primary law of the European Community, how its parameters gradually changed and whit what kind of proposals are currently mentioned in order to ensure the maximum efficiency of the procedure. Thesis emphasizes on a detailed introduction and evaluation of all aspects of procedure. Particular chapters are devoted to the question of object to the proceedings, legal entities and their rights during the proceedings, the system of sanctions and the effects of the European Court's decisions in the case. Control and discretion power is in infringement proceedings exercised by...
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The breach of employee duties and its employment consequences
Barbaričová, Martina ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
DIPLOMA THESIS ABSTRACT The breach of employee duties and its employment consequences This thesis deals with the breach of employee duties and its employment consequences. Primarily the basic of employment relationship which underlies duties is characterized. This characteristic is divided into five parts, in the first the employment relationship is defined, the second part deals with the identification of the subjects of the employment relationship, the third approximates the content of the employment relationship, and the fourth allocates duties to the employee only and the fifth part explains the concept of work discipline. The second chapter of the thesis deals with the sources of law. Besides the basic sources such as the constitutional law or Labour Code are, mainly the internal regulation of employer are described. It identifies internal regulation, as a unilateral act of the employer which entail an duty or grant the capacity of a person in a subordinate position. This internal regulation serves as an employee's duties concretization tool. The thesis also mentions the contract of employment and work direction. In connection with the determination of duties also the supervision of compliance with these duties and the possible use of control is analyzed. In the third chapter the breach is defined, as...
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