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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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The Court of Justice of the European Union: the engine of integration?
Veselý, Petr ; Plechanovová, Běla (advisor) ; Parízek, Michal (referee)
This thesis deals with the topic of influence of the Court of Justice of the European Union on the process of European integration. For this purpose, the thesis asks the following question: "How has the Court of Justice of the European Union in selected cases contributed to the strengthening of European integration?" After an overview of the methodological basis, the thesis thoroughly examines the main theoretical approaches and authors that focused on the topic of Court of Justice and its influence on European integration: neofunctionalism, intergovernmentalism, neorationalism, supranationalism and legalistic approach. In the third part, five landmark cases of the ECJ have been chosen for detailed analysis: Van Gend en Loos, Costa vs. E.N.E.L., Internationale Handelsgesellschaft, Les Verts and Francovich. The thesis not only maps the political situation surrounding their announcement, but also the aftermath, consequences and reactions of member states to the judgements. In its last part, the thesis attempts to connect the theoretical approaches with the findings of the aforementioned analysis of landmark decisions. The thesis concludes that the Court of Justice in fact did contribute to the strengthening of European integration, namely by establishing the principles of direct effect, superiority...
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The Court of Justice of the European Union: the engine of integration?
Veselý, Petr ; Plechanovová, Běla (advisor) ; Parízek, Michal (referee)
This thesis deals with the topic of influence of the Court of Justice of the European Union on the process of European integration. For this purpose, the thesis asks the following question: "How has the Court of Justice of the European Union in selected cases contributed to the strengthening of European integration?" After an overview of the methodological basis, the thesis thoroughly examines the main theoretical approaches and authors that focused on the topic of Court of Justice and its influence on European integration: neofunctionalism, intergovernmentalism, neorationalism, supranationalism and legalistic approach. In the third part, five landmark cases of the ECJ have been chosen for detailed analysis: Van Gend en Loos, Costa vs. E.N.E.L., Internationale Handelsgesellschaft, Les Verts and Francovich. The thesis not only maps the political situation surrounding their announcement, but also the aftermath, consequences and reactions of member states to the judgements. In its last part, the thesis attempts to connect the theoretical approaches with the findings of the aforementioned analysis of landmark decisions. The thesis concludes that the Court of Justice in fact did contribute to the strengthening of European integration, namely by establishing the principles of direct effect, superiority...
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