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Problematika demokracie a právního státu v Maďarsku s ohledem na postavení země v EU
Reňáková, Monika
The topic of the bachelor's thesis is the issue of democracy and the rule of law in Hungary, with a focus on the country's position within the European Union. The main goal is therefore to assess in what ways and to what extent Hungary corresponds to the principles of democracy and the rule of law and how this affects relations with the European Union. The first part is devoted to the theoretical definition of the concept of democracy, the rule of law and the definition of the values of the rule of law within the EU. The second part analyses the acts by which democracy is undermined and values are violated in Hungary and point out the processes by which this is carried out. The conclusion is what is the role of the European Union in this, how does it affect their common relations and what are the consequences.
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Globalization, Rule of Law and Wealth Inequality
Svěchotová, Anežka ; Horváth, Roman (advisor) ; Schwarz, Jiří (referee)
We examine the determinants of wealth inequality using new dataset consisting of a rich set of explanatory variables including rule of law, as well as different measures of globalization. We use the Bayesian Model Averaging (BMA) approach to account for model uncertainty. The BMA methodology allows to thoroughly compare a large number of potential determinants. Due to large differences in wealth inequality across different countries, the variables included reflect countries' various aspects, namely economic, geographical, regulatory, institutional, finance, globalization, political and demographic factors. Examining 39 potential determinants, we find five robustly related variables. Among them there are three financial development indicators, GDP growth and one geographical dummy for countries in Latin America and the Caribbean. On the other hand, some of the measures of globalization are correlated with wealth inequality; however, they are not its determinants. JEL Classification C33, E21, G51 Keywords wealth inequality, globalization, Bayesian Model Averaging (BMA) Title Globalization, Rule of Law and Wealth Inequality
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The concept of the rule of law in EU law
Tomčiak, Petr ; Kunertová, Tereza (advisor) ; Říha, Michal (referee)
The concept of the rule of law in EU law Abstract The rule of law is a philosophical concept in law defining the relationship between a man and the government. Different legal doctrines approach it in different ways, but in principle the issue of the rule of law in the European Union has become increasingly important in recent decades. The author discusses jurisprudential and theoretical foundations of the rule of law in Europe, then analyses the applicable EU law with a focus on the legal instruments for protection. Primary law refers to the concept of the rule of law already in Article 2 TEU as one of the values on which the Union is founded. Also, the rule of law is a condition for a candidate country to join the EU. The core part of the thesis addresses the instruments for the protection of the rule of law in EU law. First, Article 7 TEU, so-called 'rule of law procedure' is a mechanism by which a declaration that a Member State is at risk of violating EU values, including the rule of law, or perhaps a decision that a serious breach of values has occurred and a sanction can be adopted. The infringement procedure under Article 258 TFEU is often used to the rule of law protection. The Commission can initiate a procedure against a Member State that fails to comply with its obligations under EU law. In case...
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The principle of ensuring effective judicial protection by Member States in the context of current case law of the CJEU
Kaluha, Štěpán ; Navrátil, Petr (advisor) ; Svobodová, Magdaléna (referee)
The Principle of Ensuring Effective Judicial Protection by Member States in the Context of the Current Case Law of the CJEU Abstract in English This diploma thesis named The Principle of Ensuring Effective Judicial Protection by Member States in the Context of the Current Case Law of the CJEU, deals with the manifestations of this principle in the case law of the Court of Justice, especially with regard to its horizontal dimension which is related to the ongoing judicial reforms in Poland. The objectives of the thesis are to analyse and evaluate the principle of ensuring effective judicial protection, to compare it with the principle of national procedural autonomy and, through the analysis of three recent decisions of the Court of Justice, to identify a new direction in the case law of the Court of Justice after the ASJP decision. The thesis is divided into two parts - theoretical and practical. In the theoretical part, I place the principle of ensuring effective judicial protection by Member States in the broader context of EU law as a general principle of EU law and thus part of primary law. Then I discuss the principle in detail, in particular exploring its definition in the Treaties and in the case law of the Court of Justice, analysing its content and briefly discussing the consequences of its breach...
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Application of Article 7 of the TEU: the cases of Poland, Hungary and Romania
Sechovcová, Anežka ; Šlosarčík, Ivo (advisor) ; Weiss, Tomáš (referee)
Some of the member states of the European Union are currently facing a rule of law crisis characterized by threats to the independence of the judiciary, to the media or to the freedom of speech. The situation is most critical in Hungary and Poland where these values are being systematically violated. However, Romania is also among the member states facing a crisis of the rule of law,mainly because of the threatsto the independence of judiciary and the limitation of anti-corruption measures. Since the value of the rule of law is enshrined in Article 2 of the Treaty on European Union, its violation is a reason for sanctioning the member state. The European Union has several instruments at its disposal to sanction these states and as well protect European values. One of the most important is the mechanism under the Article 7 of the Treaty on European Union which can cause a member state to lose its voting rights in the Council of the European Union. Using the process tracing method, the thesis traces the steps taken by the European institutions to apply this mechanism in the cases of Poland, Hungary, and Romania. The aim of the thesis is to determine whether there are interdependencies among the three cases. Based on the research, it can be concluded that there are significant differences among the...
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The concealed performance of public power and values protected by the constitutional order
Klaban, Vladimír ; Hřebejk, Jiří (advisor) ; Kudrna, Jan (referee)
The aim of this diploma paper is to analyse and define the nature of secret exercise of public authority and to asses this phenomena in respect of the fundamental principles of the democratic rule of law. Any secrecy in exercising public authority is in fact a clear contradiction to a natural concept of the human rights and fundamental freedoms. Therefore the republic, as a public institution, should not have too many secrets to hide away from the people if its own principles are not to be completely disgraced. Secrecy in exercising public authority is a specific feature often related to the areas such as securing the sovereignity and territorial integrity of the Czech Republic, protecting its democratic foundations, protection of the lives and health of the population as well as the right to own the property. This is in full accordance with the constitutional duty of the state. Limited access to the information has a unique and 84 inevitable role in these areas and it is clearly mentioned in the Charter of Fundamental Rights and Freedoms, the European Convention of Human Rights and Freedoms and the International Covenant on Civil and Political Rights. The question of choice between the security and the liberty has been recently heavily discussed by the people as a natural follow up to the...
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The Indpendene of the Judiciary in the Czech Republic
Josef, Jakub ; Kindlová, Miluše (advisor) ; Syllová, Jindřiška (referee)
This diploma thesis deals with the topic of the independence of the judiciary, which is grasped in its full complexity. The thesis aims to answer two research questions: what techniques of influencing of the independence of the judiciary exist and how could be the resistance of the Czech judiciary against these techniques strengthened. In order to answer these two questions, thesis introduction elaborates the theory of the concept of an independent judiciary, independent court and independent judge and explains the difference between the concepts of judicial independence and judicial impartiality. After the introduction, the thesis describes in detail the steps which have been undertaken in Hungary and Poland since 2010 and which enabled to paralyze the independence of the judiciary in these states. The detailed description of the attacks against the independent judiciary helps to conceive different kinds of techniques by which can be the judiciary influenced. These techniques are categorized in the third part of the thesis. More attention is given to the court- packing technique and to the technique of disciplinary proceedings with judges. Another part of the thesis is dedicated to the second research question - how one can successfully fight against techniques of influencing an independent...
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The Conformity of the Managerial and Democratic Imperatives of Governance in Non-Governmental Organizations (Comparison betwěeen Berlin, Cairo, and Prague)
Abdelhafez, Dina ; Frič, Pavol (advisor) ; El Baradei, Laila (referee) ; Pospíšilová, Tereza (referee)
Governance is derived from the French word "gouverner", so Good Governance refers to the way to control, steer, rule, and direct the organizations by the individuals who are in charge of the management affairs. The study uses the theory of Alexis de Tocqueville (1956), which emphasizes the importance of the presence of democracy to manage the internal tasks of the organizations, so these NGOs can play a role in fostering democracy in civil society. The study intends to find out the imperatives of good NGOs' governance through linking the daily operational tasks and the applications of democratic principles inside NGOs by using the qualitative research method to collect information and compare the implementation of the imperatives of good NGOs' governance in organizations in Berlin, Cairo, and Prague. Thus, the study presents two normative frameworks; the first one is to conceptualize and operationalize the imperatives of good NGOs' governance through integrating democratic theory with the representation and participation schools, and the second one is to examine the influence of the internal and external factors on the implementation of these imperatives in NGOs. The thesis categorizes the "Good NGOs' Governance Imperatives" into managerial imperatives and democratic imperatives. The managerial...
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The rule-making power of the European Commission
Lenfeld, Jiří
The rule-making power of the European Commission, dissertation Mgr. Mgr. Jiří Lenfeld, M.A.; supervisor: doc. JUDr. Richard Král, Ph.D., LL.M. Charles University, Faculty of Law, Department of European Law Prague, March 2013 The aim of the dissertation is to analyse the role of the European Commission in the legislative process of the European Union with the focus on procedures for adoption of legally binding Union acts. The European Commission is one of the main institutions of the European Union. It represents and upholds the interests of the EU as a whole and manages the day-to-day business of implementing EU policies. However, to limit the role of the European Commission to that of an executive body would be misleading. Its role in the EU institutional system is much broader than that. The European Commission is the most important legislator among the EU institutions and is also empowered with an almost exclusive power to submit drafts of EU legal acts. The rule-making power of the European Commission could be seen from two different points of view. In a narrow sense of the word it could be seen as a power conferred on the European Commission by the Treaties to propose drafts and to adopt EU legal acts implementing legally binding Union acts. However, the exercise of the rule-making power may...
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