This thesis investigates competition law, State aid law and free-movement law in their interaction with Article 11 TFEU’s obligation to integrate environmental protection requirements into all activities and policies of the Union. The Article is formulated in broad and sweeping terms which makes integrating environmental protection requirements complex and context-dependent. The challenge of integrating environmental considerations is further increased as such integration in competition, State aid and free- movement law is different from other areas of EU action. The three areas are the core provisions protecting the internal market by prohibiting certain actions of the Member States and undertakings. Unlike in other areas, the EU is therefore not in the position to develop or design the actions but has to scrutinise the measure according to pre-established parameters. To address this challenge, a novel functional approach to environmental integration is developed. The approach should facilitate a better understanding of environmental integration and in particular its application to competition law, State aid and free-movement law. An important element of this thesis equally the comparison between the three areas of law. It sheds light on conceptual issues that are not only relevant to the integration of environmental protection. The comparison advances the understanding in relation to questions such as how restrictions are defined and how the respective balancing tests are applied. The contribution of this research is therefore twofold. One the one hand, it compares how the different tests in competition, State aid and free-movement law operate, thereby offering opportunities for cross-fertilisation. On the other hand, this comparison and the improvements suggested as a result help to conceptualise environmental integration thereby paving the way for a more transparent and consistent integration of environmental protection in competition, State aid and free-movement law.

This thesis aims to analyze legislation of the Czech legal order concerning religious freedom. The work is divided in two parts. The first part of the thesis deals with the definition of religious freedom in the first place. Afterwards the thesis describes the Constitutional law relating to the religious freedom (especially the Article No. 15 and No. 16 of the Charter of the Fundamental Rights and Freedoms of the Czech Republic), international conventions relating to the theme (e.g. The Universal Declaration of Human Rights, The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights etc.) and further statutory provisions and legislative rules guaranteeing religious freedom in the Czech Republic. Major part of the thesis relating to the statutory provisions and legislative rules deals with the act No. 3/2002 Coll., on Freedom of religion and the status of churches and religious societies, as amended. The act No. 3/2002 Coll. constitutes basis of regularization of the freedom of religion in the Czech Republic. Various provisions of the act No. 3/2002 Coll. were subject to review of the Constitutional Court of the Czech Republic due to their unconstitutionality. The second part of the thesis discusses various decisions of the...

The Prohibition of Racial Discrimination in the Case Law of the European Court of Human Rights The subject of this thesis is the prohibition of racial discrimination on a regional scale, which is discussed in relation to the European Court of Human Rights and its case law. The aim of this work is to present the prohibition of racial discrimination, as embodied in the most important international legal documents from the beginning of the twentieth century with a special focus on the rules contained in the legal documents of the Council of Europe, and the protection granted by the European Court of Human Rights. Race and ethnicity is seen mainly in terms of the Roma ethnicity, which is obviously not the only one who is in Europe facing the racial discrimination. Given the scope of the thesis it is not possible to address more groups belonging to the above mentioned category. The subject matter is elaborated by methods such as compilation, comparison and partially also analysis. The introductory chapter of the thesis contains general interpretation of equality and non-discrimination with explanations of important terms and concepts. The next chapter provides an overview of the prohibition of racial discrimination in human rights documents of the key international organizations. Closer attention in this...

- Asylum and refugees in the light of the case law of the European Court of Human Rights The thesis deals with issues of asylum and refugees in the context of the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights. The purpose of the thesis is to show a tight relationship between refugee law and protection of human rights. The text is divided into seven chapters. In the introduction, the terms asylum and refugees are distinguished and a refugee is defined according to the crucial document of international refugee law, the Convention relating to the Status of Refugees. The definition of a refugee is outlined using inclusion, cessation and exclusion clauses. The next chapter is dedicated to the rule of non-refoulement stated in the Article 33 of the Refugee Convention, which prohibits states from expelling and deporting a refugee back to a country, where his life or freedom is threatened. The following part focuses on the European Convention on Human Rights and its surveillance done by the European Court of Human Rights. This part also examines the procedural issues of dealing with complaints on breach of the European Convention on Human Rights. Key chapter six is split into subchapters according to relevant provisions of the...

This thesis focuses on the collective dimension of human rights. The focus of the interpretation is the analysis of the case law of the European Commission of Human Rights and the European Court of Human Rights. The work focuses on three rights protected by the European Convention on Human Rights. These rights are freedom of thought, conscience and religion, adjusted in Art. 9 of the ECHR, and the freedom of assembly and association, enshrined in Art. 11. The first part briefly describes the evolution of the concept of human rights. More is devoted to two different sources, which had a great influence on rather individualistic conception of human rights. This is the Reformation and the Enlightenment. It also describes the documents, in which the human rights were firstly enshrined. These are the American Declaration of Independence, the Virginia Declaration of Rights, the Charter of Rights and the French Declaration of the Rights of Man and of the Citizen. In addition, it focuses on the adoption of the first international documents containing provisions on human rights, and on whether in these conventions or declarations the collective rights are enshrined. The conclusion of the first chapter presents the definitions of collective rights and also counter- arguments which are heard against this...

The right to respect for private and family life Abstract The diploma thesis focuses on the notion of the right to respect for private and family life in the light of the Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Its aim is to compile a specification of the notion, while using the significant relevant judgments of the European Court of Human Rights or the former European Commission of Human Rights. Despite the fact, that the Convention is perceived as a "living instrument" and the exhaustive definition of the rights and freedoms included is not fixed and not even possible to set, the thesis targets to assemble the mosaic of individual partial aspects, which may, under certain conditions, enjoy the protection under Article 8 of the Convention. The protection of the privacy of an individual is a topic, which is extremely actual and it is probable that its importance is going to even more rapidly increase in the next years. Since the notion of the right to respect for private and family life is a very broad concept and the extent of the diploma thesis is not capable to deal it in a whole range, I have chosen its environmental aspects as a major interest of the thesis. In spite of the fact that the Convention includes no right to a decent environment, the Court has...

Made available in DSpace on 2016-04-25T16:44:27Z (GMT). No. of bitstreams: 1 Carlos Barbosa Correa Junior.pdf: 4162973 bytes, checksum: 05ccad5e222e000a4e598f776f300fe6 (MD5) Previous issue date: 2012-04-18 / In recent decades, as well as wealth, health, quality of life, safety or education, the concept of development reaches a new paradigm by including a key variable, represented by the question of intergenerational preservation of the environment. Thus, a modern concept of sustainable development gains strength. The concept of development is to express ethical and economic aspirations of equitable, balanced and sustainable goods and benefits, or produced and offered by the planet. It is observed, moreover, a heterogeneity in the conceptual drawing tools and indicators of the evaluation of development. In view of Amartya Sen, development is not described as an increase in aggregate income of a nation or a per capita income of the population, but as the expansion of the freedoms that individuals enjoy. The increased freedom includes both the means and the end of development, because the expansion of freedom leads to the development and the development of society, in turn, promotes increased freedoms. Amartya Sen highlights five instrumental freedoms construed as rights and opportunities that help promote overall capacity of a person: political freedoms, economic facilities, social opportunities, transparency guarantees and protective security. In this context, the general objective of this study is to comparatively study, based on archival research and bibliography, a list of new indicators of development, analyzed and synthesized from the five instrumental freedoms of Amartya Sen. The results meet the proposed objectives and may well be a model in the discussion on the construction, analysis and use of new indicators of development / Nas últimas décadas, além da riqueza, saúde, qualidade de vida, segurança ou educação, a concepção do desenvolvimento alcança um novo paradigma ao incluir uma variável fundamental, representada pela questão intergeracional da preservação do meio ambiente. Sendo assim, uma moderna concepção de um desenvolvimento sustentável ganha força. A concepção do desenvolvimento passa a exprimir anseios éticos e econômicos de uma distribuição equitativa, equilibrada e sustentável dos bens e benefícios produzidos e ou oferecidos pelo planeta. Observa-se, por outro lado, uma heterogeneidade conceitual na elaboração de ferramentas e indicadores da avaliação desse desenvolvimento. Na perspectiva de Amartya Sen, o desenvolvimento não é descrito como um aumento da renda agregada de uma nação ou de uma renda per capita da população, mas sim como a ampliação das liberdades que os indivíduos desfrutam. O aumento da liberdade compreende tanto o meio quanto o fim do desenvolvimento, pois a ampliação das liberdades leva ao desenvolvimento e o desenvolvimento da sociedade, por sua vez, promove a ampliação das liberdades. Amartya Sen destaca cinco liberdades instrumentais entendidas como direitos e oportunidades que ajudam a promover a capacidade geral de uma pessoa: as liberdades políticas, as facilidades econômicas, as oportunidades sociais, as garantias de transparência e a segurança protetora. Nesse contexto, o objetivo geral desta pesquisa é o de estudar comparativamente, com base em pesquisa documental e bibliográfica, um rol de novos indicadores de desenvolvimento, analisados e sintetizados a partir das cinco liberdades instrumentais de Amartya Sen. Os resultados obtidos atendem aos objetivos propostos e podem vir a constituir um modelo na discussão sobre a construção, análise e utilização de novos indicadores de desenvolvimento

The courts in Canada have often been cast, by both courts and legal scholars, as 'umpires' or 'arbiters' of the federal-provincial division of powers - umpires or arbiters that have the exclusive, or at least decisive, authority to clarify and enforce, and resolve disputes about, 'who does what' in the federal system. However, the image conveyed by these metaphors underestimates the role that the federal and provincial political branches play in the federal system, by working out their own solutions, in the intergovernmental arena, both directly and indirectly, where questions and disputes arise about how jurisdiction is and should be allocated. The image conveyed by the umpire or arbiter metaphors also sits uncomfortably with the facilitative role that the Supreme Court of Canada has carved out for itself in its recent division of powers decisions, a role that casts the courts as facilitators of these instances of intergovernmental dialogue. This doctoral dissertation challenges, and moves beyond, the umpire and arbiter metaphors. It examines the political safeguards available to the provinces in Canada to prevent, or limit, perceived federal encroachments on provincial jurisdiction, in the process highlighting the role that the political branches play in Canada in working out their own allocations of jurisdiction, outside of the courts. It describes, and critically evaluates, the facilitative role carved out by the Court in its recent division of powers decisions, identifying various reasons to be skeptical of a facilitative role that casts the courts as facilitators of intergovernmental dialogue. Finally, and with an eye to future research, it briefly outlines an alternative facilitative role that focuses on facilitating deliberation about the division of powers implications of particular initiatives, arguing that it would be premature to dismiss facilitative approaches to judicial review altogether.

This thesis aims to analyze legislation of the Czech legal order concerning religious freedom. The work is divided in 4 parts. The first part of the thesis deals with the definition of religious freedom in the first place. Afterwards the thesis describes the Constitutional law relating to the religious freedom (especially the Article No. 15 and No. 16 of the Charter of the Fundamental Rights and Freedoms of the Czech Republic), international conventions relating to the theme (e.g. The Universal Declaration of Human Rights, The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights etc.) and further statutory provisions and legislative rules guaranteeing religious freedom in the Czech Republic. Major part of the thesis relating to the statutory provisions and legislative rules deals with the act No. 3/2002 Coll., on Freedom of religion and the status of churches and religious societies, as amended. The act No. 3/2002 Coll. constitutes basis of regularization of the freedom of religion in the Czech Republic. Various provisions of the act No. 3/2002 Coll. were subject to review of the Constitutional Court of the Czech Republic due to their unconstitutionality. The second part of the thesis discusses various decisions of the...

La tesi esplora le sfide poste al diritto del lavoro e alla politiche europee dal distacco di lavoratori, illustrando le sue complesse relazioni con le libertà economiche da un lato e con i diritti sociali dall’altro. In particolare, si propone una analisi della normativa europea alla luce della sua interpretazione da parte della Corte di Giustizia Europea e della concreta applicazione da parte delle autorità pubbliche. Il lavoro è arricchito da evidenze di tipo quantitativo e qualitativo sui flussi e sulle condizioni lavorative dei lavoratori distaccati, incluse le attività e i risultati di progetti volti a migliorare la comprensione del fenomeno rafforzando, al contempo, le capacità di ispettorati e sindacati. Le conclusioni propongono diversi percorsi di riforma, ispirati da visioni alternative dell’equilibrio tra libertà economiche e diritti sociali. / The thesis explores challenges posed to labour law and to European policies by the posting of workers, highlighting its complex relations with economic freedoms on the one side and with social rights on the other side. This is done by providing an analysis of EU-level law provisions in the light of their interpretation by the European Court of Justice and implementation by public authorities. The work is integrated by quantitative and qualitative evidences on flows and working conditions of posted workers, including activities and outcomes of projects meant to improve understanding of the phenomenon while empowering stakeholders, such as inspectorates and unions. The conclusions propose different pathways to reform posting rules, inspired by alternative visions on the balance between economic freedoms and social rights.