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Late transposition phenomenon in the Czech Republic
Říha, Michal ; Pítrová, Lenka (advisor) ; Svobodová, Magdaléna (referee) ; Plaňavová-Latanowicz, Jana (referee)
LATE TRANSPOSITION PHENOMENON IN THE CZECH REPUBLIC The implementation of European law is a necessary precondition for the functionality of European integration. However, while the Union institutions carry out the legislative work, the implementation of European law is a task for the Member States. They must adapt their legal systems accordingly and enforce EU rules effectively. In the case of directives, the basic condition for their effectiveness is transposition into national law, which usually requires to propose a new act of Parliament. The Czech Republic has long been one of the countries with a high proportion of late transposition of EU directives. Despite the generally accepted claim that the culprit of these transposition failures lays in the Czech Parliament, research refutes such views. Although the Chamber of Deputies is relatively autonomous from the Government, its deliberations are lengthy, and the Chamber of Deputies' Rules of Procedures offers only a limited range of instruments to guide parliamentary deliberations, transposition delays occur already at the executive level. This is even though the Czech Republic has a series of robust measures to improve the planning of implementation works, but these are not enforced in practice. Presented research is based on data on the legislative...
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Transposition of environmental directives into the Czech legal order and its problematic aspects
Vinařská, Lucie ; Váška, Jan (advisor) ; Černovská, Eliška (referee)
This bachelor thesis deals with the transposition of environmental directives into the legal order of the Czech Republic. It describes in detail the process of transferring the law into national legislation and, at the same time, it examines the problems that arise here. The aim of this thesis is to clarify the most fundamental issues that occur when transposing environmental directives based on literature and practice. The causes of inappropriate transposition are selected from relevant literature and subsequently examined in case studies. These case studies concern six directives from two areas of environmental law. Chemical pollution area with worse overall transposition results and waste management with better results. Directives from the European Commission's database, which have gone furthest in infringement procedures, have been selected for the investigation. Using both national and European documents, both legislative and non-legislative, the process of transposing individual directives has been described. Based on the research, it has been found that the waste directives have been unduly transposed because of incorrect or incomplete transposition measures, non-communication, on the other hand, dominated the chemicals directives. The research also confirmed the main reasons for problems...
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