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National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
Exclusion of the application of bilateral investment treaties between EU Member States under international law and incompatibility of these agreements with EU law
 Bartková, Josefína ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
Exclusion of the application of bilateral investment treaties between EU Member States under international law and incompatibility of these agreements with EU law Abstract The thesis maps the genesis of the conflict between bilateral agreements on investment protection between EU member states and EU law since its beginning, outlining the historical development, the relationship between international law and EU law and the modifications brought by the Lisbon Treaty in the field of investment protection by including foreign direct investment into EU policy. It lays down the key reasons for the different underpinnings of international and EU law, underpinning both the CJEU judicial doctrines of autonomy and supremacy on which EU law is founded and relevant investment arbitration case law. From the point of view of incompatibility, it focuses on the most fundamental arbitration clause, the non-compliance with EU law of which is illustrated by the case law of the CJEU in the foreground with the Achmea decision and the opinions of the European Commission. It further evaluates the possibility of excluding the application of bilateral agreements on investment protection between EU member states by applying specific provisions of the VCLT (Articles 59, 30, 54), and while doing so it compares investment protections...
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Comparison of profile of the complainants before European ombudsman and claimants before the Tribunal
 Slaběňáková, Andrea ; Grmelová, Nicole (advisor) ; Bortel, Lukáš (referee)
One of the rights of EU citizens is to complain before the European ombudsman or to claim before Tribunal. Both physical and legal persons can turn to these European institutions. There are formal and procedural differences in requirements for a claim or for a complaint. The aim of this thesis is to find out, if these requirements mean an obstacle in protecting their rights for some group of persons. I also test My hypothesis that poor persons turn to the European ombudsman, whearas wealthy persons turn to the Tribunal.
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