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La dimension parlementaire de l'action extérieure de l'Union européenne / The Parliamentary Dimension of the European Union's External ActionCadilhac, Marie-Cécile 02 December 2017 (has links)
La dimension parlementaire de l’action extérieure de l’Union européenne, entendue comme la place occupée par le Parlement européen et par les parlements nationaux des Etats membres en tant qu’acteurs de l’action extérieure, se déploie à deux niveaux. Elle s’exprime tout d’abord, au sein de l’Union, à travers l’exercice des pouvoirs parlementaires octroyés par les traités (et le cas échéant par les droits constitutionnels nationaux), et ce de façon incontestable. Elle s’exprime ensuite sur la scène internationale au travers de multiples actions de diplomatie parlementaire, en l’absence de cadre juridique érigé par les traités, et ce de façon ambiguë. Dans l’un comme dans l’autre cas, la dimension parlementaire de l’action extérieure apparaît comme un atout, mais sous conditions, pour la poursuite de l’objectif d’affirmation de l’Union sur la scène internationale. Elle est en effet, en principe, un atout pour la légitimité démocratique de l’action de l’Union et pour la cohérence matérielle de l’action extérieure. Néanmoins, dans la pratique, cet atout demande à être confirmé. Afin d’être un atout effectif, la dimension parlementaire de l’action extérieure de l’UE suppose, à cet égard, d’assurer une conciliation harmonieuse de la légitimité démocratique de l’action de l’UE avec l’affirmation de l’Union sur la scène internationale. La quête de cette conciliation conduit à la formulation de réponses – réalisées ou réalisables – qui suivent un mouvement distinct selon l’espace d’expression des parlements. Lorsque le Parlement européen et les parlements nationaux agissent au sein de l’Union, les solutions résident dans la réalisation de multiples adaptations à partir du cadre juridique et institutionnel érigé par les traités. Ces adaptations, qui restent perfectibles, expliquent que la dimension parlementaire de l’action extérieure soit aujourd’hui encore un processus en construction. Lorsque le Parlement européen et les parlements nationaux agissent sur la scène internationale, les solutions résident dans la structuration d’un cadre juridique global, les règles juridiques existantes étant pour l’heure parcellaires et incomplètes. En définitive, l’action extérieure de l’Union s’enrichit d’une dimension parlementaire qui suppose, au sein de l’Union, d’approfondir les multiples adaptations réalisées à partir du cadre juridique existant et, sur la scène internationale, de structurer un cadre juridique global pour l’heure inexistant. / The parliamentary dimension of the European Union’s External Action, to be understood as the involvement of the European Parliament and of the National Parliaments of EU Member States as actors of the External Action, is rolled out on two levels. Firstly, it is undoubtedly articulated within the European Union, through the exercise of parliamentary powers conferred by the treaties (and, where appropriate, by national constitutional Law). Secondly, it is ambiguously articulated on the international scene through various parliamentary diplomatic actions, without any legal framework set up by the treaties. In both cases, the parliamentary dimension of the External Action appears to be an asset, but under conditions, for the assertion of the European Union on the international scene. It is, in principle, an asset for the democratic legitimacy of the EU’s Action and for the coherence of the External Action. However, it needs to be confirmed in practice. In order to be a truly effective asset, the parliamentary dimension of the EU’s External Action requires reconciling the democratic legitimacy of the EU’s Action with the assertion of the European Union on the international scene. The quest for this conciliation leads to different answers – effective or desirable – which follow a particular pattern depending on the parliaments’ “area of expression”. When the European Parliament and the National Parliaments act within the EU, these answers consist of multiple adaptations of the legal and institutional framework established by the treaties. These adaptations, which are still imperfect, can explain why the parliamentary dimension of the External Action is still a process under construction. When the European Parliament and the National Parliaments act on the international scene, the solutions consist of the structuring of a comprehensive legal framework, since the existing legal rules remain piecemeal and incomplete. Eventually, the EU’s External Action is enriched by a parliamentary dimension which implies deepening, inside the EU, the multiple adaptations achieved from the existing legal framework, and which implies structuring, on the international scene, a global legal framework, which is missing for the moment.
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Institutional change in the European Union : The Role Of Four Decision-Making Bodies Pre-And-Post Financial Debt CrisisLoshaj, Donjeta January 2017 (has links)
The main objective with the thesis was to analyze institutional change in the European Union pre-and-post financial debt crisis, with particular focus on the roles of the Parliament, the Commission, the Council as well as the Court of Justice. To attain the objective, the thesis intended to answer the subsequent queries; (i) what notable institutional changes were brought in the European Union pre-and-post financial debt crisis; (ii) what role did the Parliament, the Commission, the Council and the Court of Justice play pre-and-post financial debt crisis; were their roles enhanced by the financial debt crisis? In order to attain the objective, the thesis utilized an institutional analysis and development framework. This theoretical framework relied on a qualitative content analysis. The results of the thesis exhibit that the European Union’s progression route was not free from crises. With the Union’s expansion, more decisions ought to be taken by the four institutional bodies. The role of the European institutional bodies resulted in various institutional changes with the establishment of the Treaty of Lisbon; from having a normative power to encompass an executive one. The Treaty of Lisbon also changed the decisionmaking procedure to an ordinary legislative procedure. Apropos decision-making, the Treaty of Lisbon also enhanced the Council and the Parliament’s role pre-financial debt crisis by making the Parliament and Council equal in the new co-decision procedure. The role of the Council has been dynamic since its formation, while the role of the three other institutions could somewhat vary throughout the pre-financial debt crisis. With regards to institutional change after the financial debt crisis, the results reveal that institutional changes occurred mainly in economic and fiscal policies, for instance strengthening the EMU with the intergovernmental Treaty on Stability and Coordination and Governance. Whilst the Treaty of Lisbon brought more supranationalism in the European Union, the period after the financial debt crisis rather celebrated intergovernmentalism in the Union. The role of the Council was dynamic even post-financial debt crisis, decreasing the role of the Commission in the agenda setting. However, with the introduction of the Six-Pack and the Banking Union, the Commission and the Parliament’s role became evidently enhanced, whilst the Court of Justice, did not play a key role in the financial debt crisis.
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Problematika dědického řízení v ČR / Issues of judicial proceedings of inheritance in the Czech RepublicBartoníčková, Lenka January 2015 (has links)
This diploma thesis characterizes a specified field of the civil law that deals with the judicial proceedings of inheritance through the analysis of professional literature and relevant case law. The attention is especially devoted to development of the legislation, the proceedings in the beginning of this judicial proceedings and its parties, the minor included, possible discretions of the decedent with his belongings, the conflicts appeared in this judicial proceedings, the settlement of the estate in entirety, the question of the overextended asset and the selected issues of judicial proceedings of inheritance with the international aspect (Regulation (EU) No 650/2012 of the European Parliament and of the Council).The thesis points out the main amendments which have been brought to the judicial proceedings of inheritance by the recodification of the private law that has been in effect in Czech Republic since 01. 01. 2014. The thesis was composed by the method of description with elements of analysis and synthesis. The individual legal institutes are described, analytically examined and evaluated. There are presented their mutual connections and the view of the problematic as a whole. The comparative method was used as well by evaluating the present legislation with the former one that was in effect in the Czech Republic until 31. 12. 2013.
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Proces institucionálních reforem EU vzhledem k jejímu rozšíření / Process of Institutional Reforms of European Union in Light of its EnlargementPohunková, Hana January 2008 (has links)
The topic of this diploma thesis is the Process of institutional reforms of EU in light of its enlargement. The thesis is divided into two parts -- theoretical part and practical part. Theoretical part talks about European treaties that founded or reformed five main European institutions -- Parliament, Council, Commission, Court of Justice and Court of Auditors. In separate chapter the thesis talks about Lisbon Treaty and this chapter is followed by description of the main institutions. Practical part was based on original research in which almost two hundred respondents took part and which was focused on the knowledge of respondets of the administration of EU. The results of the research were analysed in form of commented graphs and tables. Based on the research, last chapter provides recommendations that should help increase the knowledge of Czechs of the EU administration.
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Nároky cestujících v letecké dopravě podle Nařízení Evropského parlamentu a Rady (ES) 261/2004 / Passengers claims in air transport under the Regulation (EC) of the European Parliament and of the Council No. 261/2004Koudela, Martin January 2021 (has links)
Passengers claims in air transport under the Regulation (EC) of the European Parliament and of the Council No. 261/2004 Abstract The subject of this diploma thesis is the claims of air passengers, especially those arising from Regulation (EC) 261/2004 of the European Parliament and of the Council, but also according to other regulations of private international law. The thesis is divided into four parts, which, with regard to the nature of the topic, combine both theoretical and practical aspects. The first part provides an introduction to the issue by setting it in the historical context of civil aviation regulations and then discusses important documents in the field of air passenger rights. In particular, it compares these documents with each other and provides the reader with a practical overview of these documents. The second part deals with the Regulation (EC) 261/2004 of the European Parliament and of the Council, which is the central legal regulation of this work. First, the author describes the context and process of adoption of the Regulation and then deals with the individual parts, while supplementing the theoretical interpretation with numerous references to the case law of the Court of Justice of the European Union. Subsequently, the circumstances of the ongoing amendment of the Regulation are...
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Volby do Evropského parlamentu v letech 2004 a 2009 v ČR a jejich vliv na stranický systém / 2004 and 2009 European Parliament Elections in the Czech Republic and their Impact on the Party SystemMach, Petr January 2011 (has links)
This diploma thesis comparatively analyses elections to the European Parliament held in 2004 and 2009 in the Czech Republic. It focuses on the main features of these elections with the aim of finding their main similarities and differences. For this purpose the framework of the classic "second order elections" concept is used which was introduced by Karlheinz Reif and Hermann Schmitt. The introductory part summarizes the main aspects of the "second order elections" concept. What follows is the examination of development of the electoral system for the elections to the European parliament. Crucial features of the electoral system used in the Czech Republic are explored in detail. The main part of the thesis concentrates on the analysis of elections to the European Parliament held in the Czech Republic in 2004 and 2009. These elections are put into context of domestic political situation. Additionally, party lists and election manifestos are examined, as well as the most important facets of election campaigns of relevant political parties. Necessary attention is also paid to the analysis of election results and to their implications for the political and party system. Finally, in the closing chapter both elections are compared using the "second order elections" concept.
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Vnitřní struktura eurostran po roce 2004 / Internal structure of Europarties since 2004Kuznická, Anna January 2015 (has links)
Presented thesis is focusing on the dependence and relationship between Europarties and groups of the European Parliament and Europarties and national parties. The research is carried out on five Europarties: European People's Party (EPP), the Social Democratic Party (PES), the Alliance of Liberals and Democrats for Europe (ALDE), the European Green Party (EGP) and the Party of the European Left (PEL) in the period 2004-2013 and it focuses on three areas: Europarties' financing, its leadership and autonomy in decision making. It presents several conclusions. Since 2004 Europarties became independent on the EP groups and more independent on the national parties in the area of financing in connection with the Regulation No. 2004/2003 regulating financing while their resources have been growing. On the other hand, all three organizational structures are still involved in the decision making as is shown on the example of nominations and subsequent elections of the so-called Spitzenkandidaten (candidates for the President of the European Commission) and the hierarchy within the European party families is similar to the hierarchy of its member parties. Presented thesis also highlights the considerable personal connections between EP groups and the top positions in the Europarties and it underlines...
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Lidská práva v Obchodní dohodě mezi EU, Kolumbií a Peru / Human Rights in Free Trade Agreement between the EU, Colombia and PeruProšková, Barbora January 2014 (has links)
This paper focuses on the role of the human rights in the European Parliament decision process. It was created as reaction to blame the European Parliament for not considering the human rights when voting for Free Trade Agreement between the EU and Colombia and Peru. The purpose of this paper is to find out whether the European parliament is the protector of human rights in the world or not. An in- depth examination of the Trade Agreement itself, level of democracy in both countries, actions taken by European Parliament and an extensive discourse analysis proves that the European parliament is the protector of human rights. Part of the paper is also devoted to the question of readiness of the Parliament to get involved and to intervene in case that the democratic situation in Colombia or Peru gets worse. Key words: European Union, Colombia, Peru, European Trade policy, Free Trade Agreement, European Parliament, Human Rights
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Politizace Evropské komise / Politicization of the European CommissionLaščiak, Dušan January 2016 (has links)
The thesis deals with the concept of politicization of the European Commission. It stems from the assumption that the new election procedure of the President of the Commission which is connected to the nomination of so-called Spitzenkandidaten, i.e. the lead candidates of the political parties before the elections to the European Parliament, led to the strengthening of the Parliament and subsequent politicization of the Commission. The new President of the Commission thus comes from the strongest political party which ran the elections with his candidature. The thesis formulates four hypotheses while focusing on three main areas which might be influenced by politicization: public opinion awareness, strengthening of the political affiliation of the commissioners as well as of the whole College of commissioners, and change of its inner composition - the political experience should become more prominent when choosing the suitable candidates for the commissioners. The analysis shows that it is possible to trace a positive trend in public opinion awareness from the side of the European Commission. Furthermore, it indicates the political assignment of individual portfolios among commissioners. On the other hand, the strengthening of the political affiliation of the Commissions and the change of the inner...
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INACTION OR ACTION ON DEMOCRATIC BACKSLIDING IN HUNGARY : A QUESTION OF WHICH TYPE OF RHETORIC IS MOST COMMON IN THE EUROPEAN PARLIAMENTBendixen, Maria Elisabeth January 2023 (has links)
The thesis studies the most recent debate on the issue of democratic backsliding in Hungary, and more specifically, if a rhetoric of inaction was dominant in the plenary debate of the European Parliament. Democratic backsliding is a crucial topic to research in the context of the European Parliament’s recent attempts to take a more active role in defending the European Union’s fundamental values. The different type of rhetoric used by the European Parliament’s eight party groups makes the political clash over Hungary even more interesting. In this thesis, the type of rhetoric and empirical basis used by the party groups will be described. The study finds that the majority of party groups in the European Parliament use a rhetoric of action towards the democratic backsliding in Hungary despite prior research arguing against such a pattern. Moreover, the most common empirical basis being used, is democracy and rule-oflaw. These results are intriguing because they address an important research gap in the literature on EU institutions and action on Hungary.
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