General and individual exemptions in the provision of state aid under European law This diploma thesis refers to the European regulation of the provision of state aid by member states. Because of the fact that under certain circumstances state aid can affect the economic competition among concurrents both within a member state and within the internal market of the EU and thus have a significant bad influence on it, art. 107 subsection 1 of the Treaty on the Functioning of the European Union (TFEU) states a general interdiction of providing state aid by the memeber states. It defines state aid as financial aid in any form (direct grant, soft loan, tax allowance, interest subsidy etc.), payed out of financial ressources belonging to the state ("state" defined in a large sense as both the central state sphere and local government sphere), which give preferential treatment to certain companies or certain production sectors and thereby affects or may affect competition, and lastly which have an influence on business between the member states (have an effect on the internal market). Of course there have to be exemptions from this general interdiction. The exemptions are regulated in art. 107 subsection 2 TFEU (general exemptions) and 3 TFEU (individual exemptions). There are three general exemptions:...

This diploma thesis is dedicated to the European Commission's project known under the name Single European Sky which pursues an objective to reorganize the current European airspace structure for the more efficient provision of air navigation services purposes. As an introduction, the author sets himself the goal to acquaint the reader with relevant international organizations in the field of civil aviation, introduce him in a general way into the provision of air navigation services' issues, including the situations when these services are being provided across the national boundaries. Following this general reading, the thesis fluently moves on to its main subject matter which is the Single European Sky initiative. An attention is focused on the state of European airspace before the initiative has been launched as well as the preparatory works which resulted in the adoption of the first SES legislative package. The following chapter presents the basic legal framework regulating the Single European Sky as amended by the adoption of the second legislative package. Principal part of the thesis is comprised in the next chapter dealing with the process of project's implementation. Within its framework, the reader's attention is turned, inter alia, to such crucial issues as the national supervisory...

The law of railway transportation is a phenomenon affecting several other law branches in particular European Law, Commercial Law and Administrative Law. This thesis focuses on the last mentioned branch, i.e. Administrative Law. This thesis does not cover this issue comprehensively; however, it gives fundamental and comprehensive views on the issue. In addition to information on current legal situation and its background it provides information about the history of law of railway transportation and includes the topic of public transport services. In last twenty years the initiator of changes in law of railway transportation is mainly the European Union, which gradually liberalizes the railway transportation. Both national legislation and public services reflect and adapt to these changes. After summarising the history of law railway transportation this thesis gives overview on the important European legislation which determines national legislation in the Czech Republic. The main part of this thesis is about legislation issues in law of railway transportation in the Czech Republic. It focuses on the organisation of public administration according to the Railway Act and the jurisdiction of the Rail Administrative Authority including some aspects of the administrative proceedings there. It mentions...

Diplomatic privileges and immunities of bodies and workers of the EU institutions Le sujet de ce travail est de présenter des privilèges et immunités concernant l'Union européenne en tant qu'organisation internationale, ses fonctionnaires, agents et autres personnes susceptibles d'agir dans son intérêt. À la différence des immunités des États, accordées à ces derniers au nom de leur égalité souveraine, les immunités des organisation internationales se justifient exclusivement par leur caractère fonctionnel. Elles visent en effet à assurer à l'organisation une certaine autonomie et une indépendance indispensables à l'efficacité de son action. L'Union alors jouit des privilèges et immunités nécessaires à l'accomplissement de sa mission. Le document servant de base juridique, dans lequel les privilèges et immunités de l'UE sont définie , est le Protocole du 8 avril 1965 sur les privilèges et immunités des Communautés européennes. Ce dernier a été révisé au 1er décembre 2009 par le traité de Lisbonne. L'UE remlace ainsi, par ce traité, la Communauté européenne, ainsi duquele Protocole sur les privilèges et immunités des Communautés européennes, qui devient le Protocole sur les privilèges et immunités de l'Union européenne. Ce Protocole concerne l'UE, ses organes, les représentants des États...

The diploma thesis entitled "The Brussels I Regulation and Other Procedural Legislation of European Private International Law (with regard to consumer protection)" as presented focuses in details primarily on the consumer protection under the relevant civil procedural law of the EU. The main objective is to analyse certain provisions of relevant law dealing with the effective protection of the weaker contracting party - consumer. The European Union's consumer protection legislation tends to strenghten the legal position of a consumer. The thesis underscores the importance of these special provisions, presents the original purposes, which have led to the adoption of them and the deduced conclusions supports by practical examples and by relevant European case law. It might be concluded that these provisions have created a special branch of the European civil procedure law. The text is divided into seven main chapters. The introduction includes the scope of the topic covered by the thesis. The first chapter is dedicated to the europeanization process of civil procedure and is primarily supposed to introduce the reader into the relevant issues of the thesis. The second chapter is intended to provide basic information about the conception of consumer protection law within the European context. It deals...

The purpose of this thesis is to sum up the evolution of monetary policy of the European Union so far and to review the impact of the global financial crisis upon the euro area outlining its future. The other purpose is to analyze the Maastricht convergence criteria fulfillment by the Czech Republic and to sum up if the Czech Republic is or isn't ready to enter the euro area and to adopt the common currency. The first and the second part of the thesis are more descriptive of dealing with the historical evolution of monetary policy from the initial formation in the European Economic Community to the origin of the European Monetary system. The third part brings the reader particular information about the Economic and Monetary union and phases of its foundation. It also brings about the European Central Bank which is the most important institution for monetary policy of the European Union and in the end summarizes the advantages and disadvantages of adopting the common currency. In the fourth part I try to assess the impact of the global financial crisis upon the states of the euro area and mention the view of experts on its future. The last chapter deals with the potencial entry of the Czech Republic to the euro area. That review is based on the analysis of the Maastricht convergence criteria fulfillment.

This diploma deals with the changes and challenges that transportation companies will face at the beginning of 2010 due to the liberalization of the public transportation market. It is structured into a first part describing the theory and a second part that applies the theory into praxis. The theory focuses on the development of public transportation, the nomenclature, and specific terms related to the public transportation market, legal changes, financials and other influencing effects. The complete diploma is written with focus on bus transportation. The second part analyzes the current situation on the Czech public bus transportation market and further expected changes starting with 2010. General recommendations are made and possible strategies described how to establish in the market. Finally there is made an explicit recommendation for a specific bus company

Right to Personal Liberty in the Context of the Asylum Law of the European Union Mgr. Miloš Kulda Abstract: Right to personal liberty is considered to be one of the most important fundamental rights of a person. Unfortunately, the interferences to this right also constitute one of the aspects that generally accompanies asylum and forced migration. Europe is no exception in this respect. The topic of this theses is as follows: Right to Personal Liberty in the Context of the Asylum Law of the European Union. The objective of the theses is particularly to assess the level of protection which is provided within the European Union to asylum seekers and other forced migrant - i.e. refused asylum seekers and so called irregular migrants - against unauthorised deprivation of their liberty. The research is performed in the light of both the European Union law and European Convention for the Protection of Human Rights and Fundamental Freedoms. The focus of the thesis stands on two main pillars. The first one are the rules concerning the deprivation of liberty of asylum seekers and other forced migrants according to Art. 5 of the Convention and related case-law of the European Court of Justice. The second pillar are then the rules concerning the deprivation of liberty of the above mentioned groups of persons according...

This dissertation deals with one of the most significant concepts of contemporary private international law - the concept of habitual residence. The concept of habitual residence was introduced into the field of private international law within the context of the unification work of the Hague Conference of Private International Law in the interest of finding a compromise between the traditional connecting factors of domicile, dominant in the sphere of common law, and nationality, that is historically closely bound to continental legal systems. Thanks to the long and systematic unification work of the Hague Conference of Private International Law, the connecting factor of habitual residence has gained a permanent indisputable position in private international law. The concept of habitual residence has also forcefully made its way through into the rapidly developing sphere of European private international law. The European Union has followed in the footsteps of the Hague Conference of Private International Law: habitual residence is today the central, most frequently adopted connecting factor in the unified conflict-of-laws rules, that determine the applicable law, as well as in the rules that determine the jurisdiction of the forum. Building on the recent intense development in this field of...

With regard to the gradual economic globalisation markets of States become more and more interconnected, especially so in the European Union which aims to create a single internal market without internal borders and barriers to the free movement of goods, persons, services and capital. Naturally, it influences behaviour of economic participants on the market. With increase of competition it is necessary to be more innovative, active and to search for new opportunities for expansion not only in one's own State but also abroad which entails entering into relations with foreign entities. In the course of time it might be useful or even necessary to relocate the place of business. Such need might not and, indeed, does not concern only natural person but also legal entities such as companies. However, the status of companies in cross-border relations has some specific features in comparison to the status of natural persons. A company is only an artificial product of law, a mere legal fiction, and therefore, its existence is much more closely linked with a specific legal order. A company has legal personality only insofar as some legal order acknowledges it. Different approaches how to link a company to a certain State have been evolved in different States - either the connecting factor is the statutory...