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Vybrané aspekty soukromoprávního vymáhání soutěžního práva / Selected Aspects of Private Enforcement of Competition LawNavrátil, Petr January 2012 (has links)
Title: Selected Aspects of Private Enforcement of Competition Law The purpose of the study is to analyse and compare selected provisions and legislative proposals regarding to the rules of evidence and locus standi as they are codified in Federal Rules of Civil Procedure and in Czech Rules of Civil Procedure as well as selected aspects of Private Enforcement of Competition Law in UK. It should be stressed the fact that the rules of evidence and locus standi are seen through a prism of antitrust claims for damages. The study is composed of six chapters, each of them dealing with different aspect of Private Enforcement of Competition Law. Chapter One is introductory and defines basic terminology used in the study. Chapter Two focuses on legal basis for antitrust claims for damages. Chapter Three consists of three parts. Part One focuses on locus standi issue in US Law. Part Two is an analysis of proposals of EU Commission as well as relevant judgements of Court of Justice of European Union. Partial conclusions are drawn in Part Three. Chapter Four consists of three parts. Part One investigates the principles of rules of evidence as they are codified in Czech Law. Part Two discusses the American attitude to rules of evidence. Partial conclusions are drawn in Part Three. Chapter Five consists also of...
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Mimosmluvní odpovědnost EU / Non-contractual liability of the EUNavrátil, Petr January 2019 (has links)
Non-contractual liability of the EU Abstract The aim of this thesis is to systemize the history of EU non-contractual liability; to analyse in detail the current concept of non-contractual liability of the EU, including procedural and substantive law aspects; to present a brief comparative analysis of selected national legal systems and their role in the regarding the general principles common to the laws of the Member States (and vice versa to reflect on the influence of EU non-contractual liability and its' possible role in the europeanization of administrative law); to contextualise non-contractual liability of the EU (with regard to constitutional, international and national aspects) and to consider compensation for damages caused by the EU as a tool for (un)effective judicial protection of individuals. Research methods are content analysis and comparison. This thesis is divided into seven chapters. The first chapter is introductory and defines the subject of research, the methods used and terminology. The second chapter deals with an analysis of the current state of professional debate on non-contractual liability of the EU. The main part of the thesis focuses on the identification of problems connected to non-contractual liability of the EU and contextualization of those problems. In that regard...
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Občanství EU: vývoj, využití a perspektivy po Brexitu / Citizenship of the European Union: Its development, use and perspectives after BrexitRampas, Jan January 2019 (has links)
in English language: The thesis deals with the Institute of Citizenship of the European Union. It follows the first of its origins, the institutional framework and the definition of its content to then focus on the contemporary problems faced by this institution in its application and the use of this specific type of citizenship as one of the possible solutions to the problematic legal status of EU citizens and citizens of the United Kingdom after Brexit. The author puts forward suggestions for addressing the different groups of people whose position changes significantly after Brexit, especially with regard to their place of residence, nationality and whether or not they will still be citizens of a Member State of the European Union after Brexit or not. The author presents possible solutions to the problems that such a state of uncertainty brings with references to case law, current professional literature, and also takes into account the course of Brexit bargaining. He also submits proposals for a new definition of EU citizenship and its possible use to protect the rights of British citizens on the territory of EU Member States after Brexit, but also for Union citizens who are in the same time living, working or studying in Great Britain. Attention is also paid to the specific area of Northern...
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Francouzsko-české vztahy po francouzském předsednictví v Radě EU (2009-2013) / French-Czech Relationships after the French Presidency of the Council of the EU (2009-2013)Čapková, Zuzana January 2015 (has links)
The diploma thesis "The French-Czech relations after the French EU Presidency (2009- 2013)" examines the relations between France and the Czech Republic during five years after the French presidency of the European Union in the second half of 2008, which was replaced by the Czech Presidency in the first half of 2009. It is evident that bilateral relations between Member States are influenced by their membership in the EU. The aim of this work is to find out whether we can observe a similar process in the opposite direction, that is, whether bilateral cooperation between France and the Czech Republic contributes to the Europeanisation of relations in the fields of foreign policy, defense and security, justice and home affairs, transport, environment, trade and economic relations, culture, science and education. The work is divided into two main parts. After a theoretical and methodological introduction, the first one treats the evolution of the French-Czech relations in the 20th and 21st century, the largest part of the work is the analysis of key areas derived from the text of Strategic Partnership established in 2008. In the final chapter, the author tries to generalize the Europeanisation of bilateral relations between these two EU Member States with regard to the importance of bilateral and...
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Zásady tvorby sekundární legislativy Evropské unie / Principles of Secondary Legislation of the European UnionŘíha, Michal January 2016 (has links)
V Summary The question of quality of legislation in Modern Age is omnipresent in political, philosophical and in legal discourse. Especially in connection with structures which are different from classical national state concepts such as the European Union, it is very hard to set up conditions of good legislation. The main aim of this Thesis is analysis of today's state of affairs and to create a comprehensive structure of good legislation principles applied in the EU. The author is dealing with the fact that classical legal theory is usually applied on EU situation terms in their classical - Westphalian state - meanings. The purpose of this work is, therefore, to adapt these classical terms to a situation of EU and CJEU case law. For that reason, the author is critically assessing classical legal theorist's principle models as well as models created by experts in the field of legislation or European Union law. The outcome is supposed to be a merge between these models, which can provide the reader with deeper understanding of normative model of Union legislation. EU legislative style is a merge of the majority of legislative traditions of Member States, therefore, in certain circumstances it is hardly understandable for everybody. The main presumption here is MacCormmick's theory of interdependence of...
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Zneužití práva Evropské unie / Abuse of European Union lawMatějec, Martin January 2021 (has links)
Abuse of European Union law Abstract The aim of this dissertation is to analyze the principle of the prohibition of abuse of EU law and its applicability in various areas of EU law. The dissertation focuses mainly on the analysis of the case law of the Court of Justice, which plays a crucial role in defining the principle and the scope of its application. The following research questions are set out in the dissertation: 1) What practice constitutes the abuse of law under EU law?; 2) Does the Court of Justice apply only one single principle of the prohibition of abuse of EU law or does it apply various principles to different areas covered by EU law?; 3) If there is only one principle of the prohibition of abuse of EU law, how is this principle applied in various areas of EU law? Is the principle applied always in the same manner or are there areas of EU law that are subject to a more restrictive application of this principle? 4) What are the legal means that can prevent the abusive practices of economic operators or more precisely what are the legal means that can reduce the abuse of law? In order to answer these research questions the dissertation is divided into five parts. The first part defines the notion of abuse of law and the purpose of the principle of the prohibition of abuse of law, which finds...
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Ochrana zahraničních investic / Protection of foreign investmentsProvazníková, Renata January 2020 (has links)
The topic of this thesis is the protection of foreign investments. This topic can be considered to be very current due to the present trends in the world economy, when globalization is constantly intensifying the international economic relations and foreign investments have therefore become more important in recent years. The aim of the thesis is to introduce to the reader the basics of the legal regulation of foreign investment protection. The first chapter introduces the very concept and definition of the term "investment". Therefore, the first chapter presents various definitions of the term investment that can be encountered. The following chapter briefly outlines the historical evolution of this protection, starting from the period of colonialism up to the present times. The next chapter then includes the sources of foreign protection that are the result of historical development. Particular attention is paid to bilateral and multilateral investment protection agreements, as the investment protection system consists primarily of such agreements. In this context it should be noted that the protection of foreign investments is greatly fragmented due to the large number of such agreements and, at the same time, the absence of a universal multilateral treaty. In the fourth chapter, special...
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Právní úprava zbraní a střeliva v ČR a implementace předpisů v EU / Legal regulation of weapons and ammunition in the Czech Republic and implementation of EU regulationsMach, Jan January 2021 (has links)
in English The introduction of this thesis explains the basic concepts of the legislative regulation of weapons and ammunition in the Czech Republic and their use in specific cases. This part also briefly presents the legal history of selected institutes of weapons legislation in the Czech Republic with EU law, in particular conditions and possession of weapons, business in the field of weapons and categorization of weapons. The next part analyzes Act No. 288/1995 Coll. again focusing on selected institutes important in the context of the implementation of EU law. The following are comparisons of Council Directive 91/477 / EEC in its original version with Act No. 119/2002 Coll. in the original wording and Council Directive 91/477 / EEC as amended by Directive 2008/51 / EC of the European Parliament and of the Council with Act No. 119/2002 Coll. as amended by Act No. 222/2017 Coll., with an overlap into certain legal regulations. The thesis also describes and analyzes the reasons for the adoption of Directive (EU) 2017/853 of the European Parliament and of the Council, the process of its adoption and the Czech Republic's lawsuit for its invalidity and describes the subsequent proceedings in front of the EU Court of Justice. Due to the lawsuit rejection, Czech Republic was forced to adopt an...
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Mezinárodní dohody o ochraně investic a právo Evropské unie / International Investment Agreements and European Union LawFecák, Tomáš January 2015 (has links)
The relationship between international investment agreements and EU law has attracted increased attention in past few years. The aim of this thesis is to bring a detailed analysis of various aspects of this complicated relationship. In attainment of this aim it proceeds in the following steps. After a short introduction (Chapter I.), Chapter II. briefly overviews typical content of bilateral investment treaties, following with a more detailed analysis of relevant EU law rules concerning foreign investment and subsequent comparison of both sets of rules. Chapter III. deals with investment agreements to be concluded by the EU, in particular with questions of external competence for foreign investment, responsibility for breaches of investment agreements concluded by the EU and the future shape of EU investment policy. The status of existing bilateral investment treaties concluded between EU member states and third countries is analyzed in Chapter IV. Chapter V. tackles various issues related to investment treaties concluded between member states (so called intra-EU BITs).
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Zdanění příjmů plynoucích z titulu stavební zakázky realizované na Slovensku / Taxation of Incomes arising from the Construction Contract realized in SlovakiaMinář, Michal January 2016 (has links)
This diploma thesis deals with the obligations for implementing the construction project in the Slovakia and its taxation. At first is defined basic terminology, concept of single market of the European Union and the harmonization process of direct and indirect taxation. In the analytical part of the thesis are relevant sources of international, union and national law analyzed. The practical part is focused on specification construction contract, accomplishment all obligations and an exemplary taxpayer's tax liability is calculated.
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