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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...
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Enforcement of judgments in family cases
Brhlíková, Pavla ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
The issue of the enforcement of judgments in family cases is of a specific nature and differs from the enforcement of other civil law decisions by the specific legal regulation and the nature of the subject matter of the enforcement of decisions, where the subject matter are persons, especially minors, and not thed pecuniary and non-pecuniary performance as in other cases of enforcement. In connection with the recodification of private substantive law, a new Act No. 292/2013 Coll., on Special court proceedings, which contains special legal regulations on the enforcement of judgments in matters of protection against domestic violence and in matters of custody of minors, was adopted. At the same time, Act No. 99/1963 Coll., The Code of Civil Procedure, was novelized and remained a subsidiary act. This thesis deals with special procedures for the enforcement of judgements in family cases, which we find in the second part of the fifth section of the Special court proceedings Act. In the first chapter, the thesis deals with the issue of civil proceedings, the enforcement proceedings and execution of decisions, with emphasis on its development, principles, functions and legal regulations. The second chapter focuses on the enforcement of judgements in family cases and on their specifics. The third chapter...
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Preliminary ruling in civil proceedings
Kantořík, Lukáš ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
6 Preliminary ruling in civil proceedings Abstract This thesis presents preliminary ruling as one of the secure institutions of the Czech civil procedural law, which become in case if there is a need of the settlement of legal relations on a temporary basis or ensure realization of an execution of judgement. This secure institution is temporary, which sorts out rights and obligations of the parties of the action until decision on merits. Thesis is divided into four chapters. In the first chapter author is dealing with concept of preliminary ruling, as well as types and purpose of preliminary ruling. In this chapter author pursue historical development of preliminary ruling before 1st of January 2014 and also after this date, when significant amendment was approved, which divided legislation of preliminary ruling. Second chapter is concentrated on preliminary ruling in Czech civil procedural law. This chapter author consider as crucial, because its include general preliminary ruling. This general legislation of preliminary ruling is also used on special preliminary ruling, when Special court proceedings act contains subsidiarity of civil procedure code. This chapter also includes court proceedings while deciding about preliminary ruling, jurisdiction of the court, duty obligation, assurance, contents of the...
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Standing of the Court of Justice of the EU in the Area of the Police and Judicial Cooperation in Criminal Matters
Shepard, Lucia ; Zemánek, Jiří (advisor) ; Král, Richard (referee) ; Fenyk, Jaroslav (referee)
5 Abstract This dissertation examines the standing of the Court of Justice of the European Union in the area of police and judicial cooperation in criminal matters, which was formally included under the umbrella of the European Union as a result of the Maastricht Treaty in the early nineties. Yet this area was excluded from the Community framework, which had a significant impact on the jurisdiction and competencies of the Court of Justice. Despite limitations arising from the construct of the third pillar, the Court of Justice took an opportunity through case law to overcome some of these limitations. The most recent milestone in the development of this area is the entry into force of the Lisbon Treaty which removed the so-called pillar structure and further limitations disappeared with the end of the transitional period. Further, existing case law of the Court of Justice in this area has been closely linked to the framework decision on the European arrest warrant, which is based upon the principle of mutual recognition and mutual trust between the EU Member States, and thus became an important part of the case law of the Court of Justice. Given the scope of this framework decision, the Court of Justice has also been frequently dealing with the issue of fundamental rights, the protection of which plays an...
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Preliminary Ruling
Vavrušková, Magda ; Smolík, Petr (advisor) ; Salač, Josef (referee)
in English The aim of this thesis is to describe and define the preliminary ruling according to the Act no. 99/1963 Coll., the Civil Procedure Code, ad amended. The introductory chapter deals with the hedging proceedings and the typical features of the preliminary ruling. The second chapter concentrates on the historical development of the preliminary ruling in Czech Republic. The third chapter is a crucial part of this thesis examining the proceedings and the institutes of the preliminary ruling and briefly describes also the preliminary ruling in the arbitration and also in the administrative proceedings and administrative court proceedings. The fourth chapter deals with the liability for the damages arising from the preliminary and the fifth chapter compares the Czech preliminary ruling to similar institutes in Slovakia and Spain. The conclusions are drawn in the final chapter which assesses the importance of the preliminary ruling.
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Preliminary ruling in civil proceedings
Klimešová, Kristýna ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This thesis revolves around one of the secure institutions of the Czech civil procedural law which provides the settlement of legal relations on a temporary basis or ensures the possibility of realization of an execution of judgement. The goal of this thesis is to demonstrate a complete summary of Czech legal regulation of a preliminary ruling in a civil proceedings, which can be used in situations that renders immediate solutions necessary and is impossible to hold back until the decision on merits.The thesis is composed of five chapters. The first chapter explicates the preliminary ruling as the civil prodecural law institute and demonstrates the various types of preliminary ruling. The conclusion of this chapter highlights the legal nature of this institute which includes preliminar and temporal settlement of a legal relations between parties to an action. The second chapter briefly outlines the history of the preliminary ruling in Czech legislation. Chapter three, the most important part of the thesis, is concerned with the general preliminary ruling. The structure of this chapter respects the system of a legal provisions contained in Civil Procedure Rules. The third chapter is subdivided into thirteen subchapters. The first seven subchapters illustrates preconditions of a civil procedure of a...
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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.
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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.
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Ethical preconditions of parental decisions in settling affairs concerning minors
TŮMOVÁ, Kateřina
The thesis opens with the distinction of the concepts of a human being and a person. It then discusses two important philosophical approaches towards these concepts: exclusive and inclusive. It further deals with the relationship of a person to his or her closest surroundings and the acquisition of self-ownership, thanks to which a person can meaningfully pronounce "I". The thesis thus attempts to unfold the way of thinking that leads towards ethical decision making. In the second part of the thesis, contemporary ethical theories as utilitarianism, individualism and hedonism are discussed. A practical study of custodial files at the Authority of Social and Legal Protection of Minors (OSPOD) in a district town in South Bohemia follows, which examines - from the available judgments of the district court - how parents are able to cope with such a binding turning point in their life as divorce or separation from a partner. The thesis attempts to evaluate clearly the different behaviour of adults during processes of settling their relationships towards their minor children, as they are described in the court case studies. Synoptical graphs are used to indicate which types of behaviour occur and to what extent during actions in court. At the end of the thesis, the research and its surprising and hopefully optimistic outcome for future activities of OSPOD is summarized.
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Preliminary reference procedure within the scope of European judicial system
Zvárová, Daniela ; Pavlok, Jan (advisor) ; Koucká, Jiřina (referee)
The thesis deals with the preliminary reference procedure. There is outlined not only the characteristic of this procedure or its evolution, but also the interpretation of the term "court or tribunal of a Member State" or the Exceptions to the Duty to Refer. The following chapters are concerned with the statistical curiosities of the preliminary reference procedure or the ways of how to make this procedure more efficient. The last chapter is analysing the preliminary reference procedure from the Czech law's point of view. It deals with some Czech institutions as courts of the Member State, procedural aspects of this procedure or study of the Czech preliminary references. It also contains some cases of The Constitutional Court of the Czech Republic regarding with this procedure.
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