The impact of Directive 2004/38 upon the free movement of nationals of the European Union with regard to relevant case-law of the European Court of Justice This diploma thesis deals with impact of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States on the freedom of movement. The first chapter of thesis aims to cover main points of development of the right to free movement. From the right of workers as an economic factor to the general right of every citizen of Europe. As far as the introducing of the European Union Citizenship was very important point for the development of right to free movement, this chapter also concerns evaluation of this phenomenon. Further this chapter contains analysis of the most important cases rendered by the Court of Justice of the European Union which affected the right of free movement mainly since European Union Citizenship has been established. The second chapter is the core of this thesis. It comprises analysis of the text of Directive 2004/38. It is giving a complete elaboration on the subject of Directive, beneficients of rights, conditions and rights. As far as the Directive 2004/38 is repealing number of...

Resumé The thesis named Case Law of the Court of Justice of the European Union in the Area of Environmental Protection deals with three types of action in which the judicial protection of the environmental interests is provided. First the chambers of the Court of Justice of the EU are characterised - the Court of Justice, the General Court and the Civil Service Tribunal. Chapters on particular types of action follow. Each of them is attached with analysed related significant cases that the Court of Justice of the EU adjudicated upon. The first type of action is the action for failure to fulfil obligations where the principal questions are possibilities of imposing fines on member states that infringe the EU law. Sanctions are imposed in two forms - a penalty or a lump sum. The second type of action is the reference for a preliminary ruling in which the Court of Justice of the EU interprets the EU law a helps courts of the member states apply the EU law. The final chapter examines the action for annulment in which the fundamental and very disputable question is the question of right of action in environmental matters. After the comparison with other areas of the EU law, in particular the area of the competition law, it results from the thesis's chapters that the Court of Justice of the EU provides a very...

The subject matter of the present diploma thesis is an exchange of information as an individual cartel behavior. It focuses on processes and operations that are performed within the frame of activities of trade associations. It should, first, be noted that in most cases, the exchange of information is an absolutely legal way how to make qualified and successful decisions on the transparent market. However, under particular conditions, it may represent a danger in the form of violation of competition law. Such violation can present particularly an exchange of information that removes uncertainty in market relationships and enables companies to foresee behavior of other competitors. The primary objective of this thesis is to complexly describe an attitude that evolved in the interpretation and application practice of the European Commission, or as the case may be of the European courts. On the base of theoretical findings and analysis, the thesis defines criteria that are applied when assessing exchange of information and determines the border between the legal and illegal exchange of information among competitors in the actual law of the European Union. So far as the content is concerned, the thesis is divided into five separate chapters. The first one provides a general definition of the exchange of...

Members of the European Parliament are chosen according to 28 different election systems. The European Union determines only few basic rules, which are concretised by member states in their law systems. Diploma thesis "Election system of European Parliament" deals with similarities and differences between these regulations in order to show inequality of European elections. In the second part of this thesis the author compares a partial aspect of the election system, election threshold in Germany and in the Czech Republic. While the Federal Constitutional Court of Germany invalidated firstly the five-percent-threshold and then even the three-percent-threshold because of its contradiction to Basic Law, the Czech Constitutional Court confirmed it as constitutional afterwards. Both courts judicated that it is a violation of election equality but in the opinion of the Czech one fragmentation of the Parliament would hinder its work with such intensity that election threshold preventing from this fragmentation is justifiable. The judgements are compared and their argumentations analysed if reasonable. This thesis comes to the conclusion, that considered the current state and predictable development election threshold has its justification. Powered by TCPDF (www.tcpdf.org)

European arrest warrant represents an innovative criminal procedure instrument at the European level that has significantly helped the Member states of the European Union to effectively prosecute cross-border crime. The aim of my diploma thesis is to describe and analyze the European arrest warrant as a legal basis of surrender procedure among the Member states of EU. The description of this institute is not the only thing to be presented to the reader, the thesis also proposes a critical view on using it. The thesis is divided into five chapters. The introductory chapter is an analysis of the traditional international judicial cooperation in criminal matters and its particular types, mainly the extradition, which is important for a consecutive explanation of surrender procedure. After a brief theoretical part, in the second chapter author focuses on the evolution and the process of the European judicial cooperation in criminal matters, starting with the opening of the external borders of the EU regarding the Schengen Agreement in 1985, mentioning the important Maastricht and Amsterdam Treaties and the last important change of the Treaties of the European Union brought by the Lisbon Treaty. Corpus Iuris, a prototype of a criminal law code of the EU, will be as well mentioned. Whereas the third...

Parallel application of national and Union competition law The adoption of regulation No. 1/2003 opened a discussion on admissibility of parallel application of national and EU competition law regarding the ne bis in idem principle. The aim of the thesis is to map the condition of this legal topic after ten years since the process of modernisation of EU competition law on the basis of the analysis of judicial decisions and relevant legal acts including EU Charter of fundamental rights that became a part of EU primary law since Lisbon Treaty. Three different cases are to be understood under the term parallel application. The cumulative application means a case where national competition authority applies both national and EU law to punish anticompetitive behaviour in one single proceedings. The second case is the parallel application on the EU territory, where there are several proceedings held by competition authorities parallelly. These proceedings are held either concurrently or consequently. Lastly, the parallel application going beyond the EU territory is the case where an anticompetitive behaviour that has already been punished by a competition authority of a non-member state is subject of proceedings held by competition authority in EU. The thesis is divided into six chapters. The first...

The purpose of this thesis is to introduce theoretical and analytical approaches to mortality convergence and divergence tendencies and assessment of these tendencies in the European area since late 1950s using selected analytical tools. In the considered period fundamental changes in mortality development in Europe were observed. The theoretical part of this study deals with the assumptions of mortality convergence and divergence which are included in significant demographic theories and concepts. In the practical part of this thesis, there are analyzed convergence and divergence tendencies of life expectancy at birth in 28 European countries between the years 1959 and 2009 using selected basic statistical characteristics of variability as well as of indicators that consider state population size. Divergence tendencies of mortality since the 1970s are documented and quantified, the specific development of convergence and divergence from the mortality point of view in post-communist states at the end of the 20th century is observed. Next, possibilities of future convergence of mortality in the Czech Republic to states with more favorable initial mortality conditions on the basis of the development of life expectancy at the exact age of 65 in the period 1990-2009 are evaluated. According to this approach,...

In the past, an Irish barrister and arbitrator James Bridgeman remarked that the arbitration of competition law is a meeting of two black arts. This perception has not changed since and yet, the adjudication of anti-competitive agreements in arbitration is an everyday event of real life. This thesis, after a brief summary of history of arbitrability of competition law, picks specific issues closely tied to current practical problems that arbitrators must face. First, whether arbitrators should consider themselves as being under obligation to raise competition issues of their own motion (ex officio) during arbitration proceedings, secondly, whether national courts of the EU Member States must automatically set arbitral awards in breach of competition rules aside and thirdly, whether arbitrators are in a good position to address complex antitrust questions properly and whether they can receive some help from the official competition authorities entrusted with primary enforcement of antitrust law. Mainly EU law will be covered here albeit with few brief excursions into particular problems of national law of the Czech Republic, to which this thesis endorses relevant solutions.

This diploma thesis deals with the relationship between culture, creativity and urban development with a special focus on the project of European Capital of Culture (ECoC) and its implementation in Pilsen. This study evaluates the positive effects and potential obstacles of this initiative, particularly in the case of Pilsen which has been awarded this prestigious title for 2015. This study discusses the state of the project and the situation in the city during the preparation period. It not only discusses the positive and negative aspects of candidacy, but it also attempts to capture some deep-rooted reasons that have led to current issues. The situation in Pilsen is becoming very problematic and further progress seems uncertain. The most burning issues in Pilsen that occur in other post-socialist cities as well, are lack of understanding, lack of political support, politicizing efforts, commercialization, parochialism and insufficient financial resources. Implementation of this project on a "European level", within these countries appears difficult. This thesis, therefore, proposes some recommendations that may conduce to a more successful realization of the project. Key words: culture, creativity, city, European Capital of Culture, Pilsen.

Legal aspects of the accession of Croatia to the European Union Abstract The EU enlargement policy is a fundamental instrument of the EU's foreign and security policy that enables Union to achieve its goals such as creating a common area of peace, stability and prosperity. Since the Western Balkans has experienced an armed conflict in the recent past and since these countries are direct neighbors of the European Union, the Balkan region represents an essentially important area in the strategic plans of the EU. The European Union as well as the Western Balkans' countries strives for the full integration into the European structures. In the context of the ongoing post-war reconstruction in the region Croatia's accession into the EU represents a significant historical moment. Croatia has already passed through the whole accession process and can act as a model example for other Balkan countries. In this thesis author mainly aims to map in detail the course of the accession process in general and understand the specifics of the Croatian accession in the context of the European policy towards Western Balkans. Although the EU has set down the accession criteria and procedural rules, accession process of every candidate state is different and depends on the actual situation of the country in question. This thesis...