Search

The subject matter of this Master's thesis is to describe and to analyze the legislation of the fiduciary duties as well as the related questions such as the business judgment rule and the request on the management decisions. The fiduciary duties represent the standard of acting which must be respected by the member of the elected body during the exercise of the managerial power. The business judgment rule, however, protects the members of the elected bodies from unjustified accusations of the violation of the standard of the acting while in the final consequence represents the protection of the authority to undertake the decisions. The request on the management decision represents an exception from the common rule, solely entrusting the management of the business into the hands of the statutory body. The main aim of this thesis is to describe and to analyze the listed legislations including the crucial questions arising from these issues together with the suggestion of the solutions. The diploma thesis consists of four chapters. First chapter presents the introductory treatise on the implementation of the legal establishment of the corporate governance together with the emphasis on the economical output. The second chapter is dedicated to the very merit. The legislation of the fiduciary duties,...

Takeover of the European Union law into the legal orders of the European Free Trade Association Member States Abstract This thesis deals with the European Free Trade AssociationMember States' approaches to the European integration and examines primarily its legal aspects. The four states, consisting of Iceland, Lichtenstein, Norway and Switzerland, endeavour especially to participate in the EU's internal market, what they reach by two different tools. Meanwhile to the three first- mentionedstates were e.g.the so-called"Four Freedoms" of the single market extendedthrough the Agreement on the European Economic Area (EEA), which apart from these countries comprises of EU Member States, Switzerland took its own, specific path of sectoral bilateral agreements,which it concluded with the European Union, eventual also with EU countries. The thesis first deals with the history and functioning of the EFTA, which is common to all four states and then analyses at first the EEA law model and afterwards the Swiss bilateral agreements, evaluating both regimes in relation to each other. The thesis in both cases of integrationshows the scope of cooperation,its institutional frameworkandalsothe procedures, through which the EFTA States take over the EU law. It also reveals whether and in what ways the EFTA States can...

European Citizens' Initiative Ing. Vladimír Bartovic This thesis deals with the European Citizens' Initiative (ECI) - an instrument of participatory democracy, which for a decade has allowed European Union citizens to influence the legislative process by asking the European Commission to submit a legislative proposal. The aim of the thesis is to evaluate the implementation practice of the European Citizens' Initiative in the context of the case-law of the General Court and the Court of Justice of the EU and to analyse the new regulation on the European Citizens' Initiative. The thesis analyses reasons that led to the creation of the European Citizens' Initiative - especially the question of the existence of a democratic deficit. It analyses the embedding of the ECI in the primary law of the Union and compares it with other instruments of participatory democracy and similar institutes of the indirect legislative initiative available to the European Parliament and the Council. The thesis briefly deals with the first ECI regulation from 2011, its legislative process and its implementation at the national level. The core part of the thesis is the analysis of the application of the regulation in practice. It provides an overview of initiatives and summarises the positions of EU institutions, civil...

Leniency programmes and private enforcement of cartel law The available data suggests that there is an indisputable correlation between the declining attractivity of the leniency programme of the European Commission on the one hand, and the recent boom of private enforcement of cartel law on the other. It seems that in the past few years companies have become demotivated to submit leniency applications, which leads to a lower level of cartel detection and ultimately results in the weakening of both the public and private pillars of cartel law enforcement. This thesis focuses on areas that have not yet been sufficiently clarified by legislation and case-law and that are - when it comes to follow-on proceedings dealing with damages claims, held before national courts - associated with substantial risks for potential leniency applicants: (i) establishing of jurisdiction of national courts in the proceedings on claims for damages caused by anticompetitive conduct, (ii) protection of confidential information within the framework of hybrid settlements with the European Commission and in the proceedings before national courts, (iii) interpretation and application of presumptions of the existence and amount of harm caused by anticompetitive conduct and (iv) determination of the amount of harm caused by...

Regulation EU on cooperation in the field of consumer protection Abstract The thesis is dealing with a legislation based on EU law regulated cross-border cooperation of competent authorities in the field of consumer protection. It is also dealing with its implementation into the national law. The goal of the thesis is thus providing a comprehensive and complex view of the functioning of so-called CPC cooperation. The uncertainties that requirements of the Regulation 2006/2004, by which the CPC cooperation was initialised, brought to the competent authorities when they were providing the CPC cooperation in practice, is gradually revealing in the thesis. This is received through the examination of the content and development of the relevant legislation at the EU level, same as through the analysis of the relevant implementation provided in the Czech Republic legal system. The analysis of the Czech legislation that implemented the Regulation 2006/2004 shows other uncertainties occurring just in the field of national legal system, and therefore it seems the relevant implementation of the regulation was not in accordance with the requirements of consistency and predictability of the relevant legislation. The development of the European legislation related to the cross-border cooperation of the competent...

1 PROTECTION OF PRIVACY AND PERSONAL DATA IN EUROPEAN UNION LAW WITH REGARDS TO DATA RETENTION ABSTRACT The thesis deals with the issue of data retention, i.e. the issue of storing communications metadata by telecommunications service providers for the purpose of possible later access to this data by state authorities. The thesis focuses not only on the relevant EU legislation, but also on the related case law of the Court of Justice, which plays crucial role in determining the standard of protection offered by EU law. This analysis focuses on two main legal issues - the issue of scope of the EU legislation in this area and the issue of proportionality. With regards to the first issue, the author is of the opinion that the Court of Justice interprets the scope of the relevant EU legislation overly broadly. Author criticizes the fact that the Court of Justice applied secondary law adopted on the basis of Article 95 TEC on the issue of access to the retained data by the Member States authorities, including the authorities of Member States which are active in the field of national security. Regarding the issue of proportionality, author criticizes the fact that the Court of Justice perceives the blanket retention of communications metadata to be incompatible with EU law as such, no matter how strict the...

Application of the Lisbon Treaty provisions on involvement of national parliaments in the EU decision-making process 10 years later Abstract Adoption of the Lisbon Treaty has brought about several essential institutional changes in the functioning of the European Union. For example, a further shift towards co-decision by the European Parliament on secondary law that became ordinary legislative procedure. Also, qualified majority voting in the Council has been extended and subjected to the new conditions. Last but not least, the EU competences have been divided as exclusive, shared and supporting. These and related further steps simultaneously gave rise to a more intense involvement of national parliaments, both in the sense of a scrutiny over a due exercise of conferred powers as well as a democratic safeguard of the new processes. The main goal of this thesis is to present a comprehensive picture of existing legal framework in this field, including a brief summary on crucial historical factors that have been shaping it until its current form. Hand in hand with that, it also offers evaluation of the most frequently used mechanisms throughout the 10 years of its application. Consequently, it leads to a reflection on how, and if at all, effectively exploit the potential of national parliaments in this regard,...

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...

The EU Court of Justice is the judicial body of the Union, which gives judgments in a wide variety of proceedings and thus fulfills the role of a constitutional, supreme and administrative court. It contributed to the evolution of Union law significantly. The main aim of this thesis is to map the characteristics and effects of the EU Court of Justice judgments towards parties to the case and third parties. Therefore the functioning of precedential effects of CJEU judgments, its temporal effects, force of res judicata of judgments and its enforceability is analyzed in the thesis. These characteristics and effects are put into broader context also with regard to the position and mission of the EU Court of Justice in the institutional structure of the Union.

1 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...

The objective of the master thesis Replacement of directives by regulations on the example of personal data protection legislation in the EU is to describe the process of simplification of EU legislation based on the study of relevant political and legislative texts, especially with emphasis on the process of replacing directives by regulations. The first part of the master thesis focuses on the development of the process of simplification of the EU acquis, and then on the analysis of regulations that have been adopted since the late 1980s, and which partially or completely replaced the regulation contained in the directives. Based on the analysis of the proposals and the preambles to the adopted regulations, the reasons for the replacement were subsequently specified. The reasons are further categorized and described. The main research question in this part of the master thesis was to determine whether the replacement of directives by regulations is an appropriate tool used to simplify European Union legislation, whether it eliminates problems that may arise during the implementation of directives governing the issue and what are the main reasons that are specified by the EU legislators as a justification for the adoption of a new replacement legislation. In the second part, the master thesis...

Enhanced Cooperation in the EU Abstract Enhanced cooperation has been a widely discussed in the context of the further possible development of the European integration and its direction. It represents a mechanism which introduces elements of flexible integration into the EU law. This thesis aims to provide a complete view of the process of enhanced cooperation. The first part focuses on the definition of flexibility and its theoretical concepts. The following parts of the thesis are then fully focused on enhanced cooperation as a specific legal instrument regulated by the Treaties. First of all, it mentions its historical development from the Treaty of Amsterdam to the Treaty of Lisbon and the changes it has undergone. After that there is the analysis of the legal provisions on enhanced cooperation itself. It discusses the whole process of establishing enhanced cooperation and the conditions necessary for that. There are also discussed special rules for activation of enhanced cooperation in the area of the common foreign and security policy and the police and judicial cooperation in criminal matters. Furthermore, a substantial part of the work is devoted to the application of enhanced cooperation in practice. Five cases of enhanced cooperation established so far are analysed in that part. In each case, the...

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...

EUROPEAN CITIZENS' INITIATIVE IN THE CONTEXT OF REDUCING DEMOCRATIC DEFICIT IN EU This thesis primarily involves a study of the European Citizens' Initiative (ECI), its functioning and contribution to democracy in the EU. The ECI is the first tool to facilitate transnational participatory democracy in the world. It allows EU citizens to invite the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties. For a better understanding of the democratic contribution of the ECI, the work first analyses the state of democracy in the EU, confirming the existence of a democratic deficit in the EU. It subsequently addresses its history and causes. Based on information obtained concerning democracy in the EU and its development, the work then proceeds to undertake a legal analysis of Regulation No. 211/2011 on the citizens' initiative, taking into account the history of its origins. It identifies the potential democratic contribution of the ECI for democracy in the EU. This specifically entails the activation of civil society by awakening political debate at Union level and bringing the EU closer to its citizens by involving them more closely in...

1 Abstract Liberalization of postal services in the European Union and its implementation in the Czech Republic This theses focuses on the liberalization of postal services in the Czech Republic. The main goal of this thesis is the analysis of Czech legislation transposing the respective legislation of the European Union and its critical evaluation. By this also the analysis and evaluation on the state of the liberalization of the Czech postal market is performed. The first chapter sump up the development of regulation of postal services on the territory of today's Czech Republic prior to the year 2000, the second chapter is focusing on the time period between the years 2000 and 2012. The focus of the third chapter lies on the key aspects of the liberalized postal market after the year 2000 - the compensation fund, the issues of universal services, the financing of universal service and the concept of net cost. The fourth chapter makes the reader familiar with the concept of access to the postal infrastructure and explains how this access works, is used in everyday life and also addresses its problems. Within the fifth and last chapter of the theses the main reasons preventing the (further successful) liberalization of the postal market are discussed, these being the value added tax exemption for universal...

The Quantification of Damages caused by breach of the European Union Competition Law and Private Enforcement of its Compensation Abstract Effective competition is key issue for achieving the economic prosperity of the internal market, improving the quality of production and maximizing employment. On the contrary restriction of the competition can lead to inefficient allocation of resources, loss of economic welfare and damages to both competitors and consumers. Achieving and maintaining of the effective competition is therefore one of the main objectives of the European Union. This can be achieved through means of public and private enforcement. While pubic enforcement has, in particular, punitive and deterring function, private enforcement has, in particular, compensatory function. Despite these differences both categories complement each other. That is why this thesis deals with the relationship between private and public enforcement. On 26 November 2014, the European Union adopted Directive 2014/104/EU, which partially harmonises private enforcement in relation to the right to compensation for damages caused by a breach of competition law. The aim of this work is to analyze the positives and negatives of this harmonization. The dissertation also deals with the comparison of two reference transpositional...

Protection of consumers - customers against the insolvency of tour operators - in EU law This thesis examines the legal regulation of consumer protection in the cases of the bankruptcy of travel agencies. In the event of the insolvency of a travel agency, a problem arises as to who will ensure that the consumers are repatriated from summer resorts and their expenses for the unperformed travel services are reimbursed. This issue was first dealt with by Directive No. 90/314 on package travel. The Directive 90/314 will be analyzed in the second chapter of this paper. The Directive leaves a large margin of discretion for national legislators as to how they achieve the required consumer protection standard. However, the EU Member States must ensure that consumers recover the entire loss they have incurred due to the failure of tour operators to provide services. The Member States have come up with a number of implementation solutions - e.g. insurance of the guarantee for the case of insolvency, bank guarantee or guarantee fund of the travel operators. This implementation into national legal systems is described in the third chapter of this thesis. That chapter further introduces the Czech implementation affected in Act No. 159/1999 Coll. This Act has opted for insurance of travel agencies as the means...

Scope of EU law This thesis deals with scope of EU law. Scope of EU law in concrete situation is defined by meeting conditions layed down for material, territorial, personal and temporal scope of EU law. The aim of the thesis is to define when those conditions are met and to analyse situations, where it's not clear which legal order to apply and to give the reader an insight into situations when union law applies. This thesis is divided into two parts - first part gives insight and definitions about fundametal terms used in second part of this thesis. Part two deals with topic of this thesis. First chapter of the second part analyses material scope of Union law, thus answers the question in which legal relations has Union law material scope and divides material scope of Union law into two categories: exlusive material scope of Union law and non-exlusive material scope of Union law. This thesis also analyses criteria, which are used to determine, if in specific legal relations has material scope Union law or national law. Second chapter of the second part describes territorial scope of EU law by defining in which territories specific EU legal act can by applied, in which territories Union law has full scope and in which limited scope, whereas it's needed to take into account provisions of specific...

5 Abstract This dissertation examines the standing of the Court of Justice of the European Union in the area of police and judicial cooperation in criminal matters, which was formally included under the umbrella of the European Union as a result of the Maastricht Treaty in the early nineties. Yet this area was excluded from the Community framework, which had a significant impact on the jurisdiction and competencies of the Court of Justice. Despite limitations arising from the construct of the third pillar, the Court of Justice took an opportunity through case law to overcome some of these limitations. The most recent milestone in the development of this area is the entry into force of the Lisbon Treaty which removed the so-called pillar structure and further limitations disappeared with the end of the transitional period. Further, existing case law of the Court of Justice in this area has been closely linked to the framework decision on the European arrest warrant, which is based upon the principle of mutual recognition and mutual trust between the EU Member States, and thus became an important part of the case law of the Court of Justice. Given the scope of this framework decision, the Court of Justice has also been frequently dealing with the issue of fundamental rights, the protection of which plays an...

Benefit tourism as a problematic aspect in the EU Benefit tourism is a topic which has gotten quite a lot of media attention lately, has influenced the lives of mobile EU citizens as well as the EU itself in connection with the brexit. The aim of this thesis is to provide the reader with a comprehensive portrait of the topic, and to explore how is this phenomenon reflected in the case-law of the Court of Justice of the EU. In addition to dealing with the political context and the notion of benefit tourism, this thesis explores the free movement of persons based on both, the economic and the non-economic basis. The focus of the thesis lays on the case-law of CJEU relative to the access of economically inactive EU citizens to the social assistance systems of the host Member States, particularly the judicial chain Brey - Dano - Alimanovic - García-Nieto. These judgments are revolutionary in a way, because for the first time, the Court took into account also the "public finances" argument which has been raised by the Member States for years and the CJEU has always been adamant on rejecting it in favour of wider interpretation of social rights. The CJEU abandoned its previous stands on the financial solidarity, equal treatment and the extension of EU citizens' rights of socially inactive EU citizens and...

This PhD thesis seeks to establish a multi-layered definition of the principle of loyal cooperation in EU law in its current form. It focuses on four fundamental ways of describing this principle. The first one is a linguistic analysis of the term "principle of loyal cooperation" itself. The thesis looks at its equivalents in all official languages of the EU and applies various linguistic (etymology) and non-linguistic research tools and findings from the study of history, social psychology and philosophy to understand and delimit the principle of loyal cooperation in EU law. In a second step, the principle is examined at three separate levels. At the first level the situation and significance of the actors bound by loyalty is explored. At the second level the paper focuses on the differences between the principle of loyal cooperation, the way commitments are met in international public law, and the mechanisms of ensuring loyalty in countries with a federal structure. Lastly, the third level of analysis looks into the ways the principle of loyal cooperation and its operation vary according to the area of competence. Keywords: principle of sincere cooperation, European Union law, theory of federalism, European studies

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...

in English language: The statement of Angela Merkel from November 2014 that she would rather see the UK out of the EU than compromise the free movement in the EU (which as at the date of the submission of this dissertation materialized in potential Brexit) was one of the reasons which encouraged the author to analyse the reach of free movement rules, more specifically the horizontal direct effect of the Treaty freedoms, in this dissertation. The author focuses on the issues stemming mainly from the broader topic of the legitimacy of market integration which the author translated into the concept of separation of the regulatory competences between the EU and the Member States and related separation between the Treaty provisions' addressees, namely the Member States and the private entities. This dissertation focuses on the following research question: To what extent has the CJEU advanced the European market integration through the development of the principle of horizontal direct effect of the Treaty freedoms? The starting point after the establishment of the EEC was that the sole addressees of the Treaty freedoms were the Member States whereas the Treaty rules on competition only applied to private entities. However, as is demonstrated throughout this dissertation, it is nowadays generally accepted...

This final thesis gives an overview of possibilities given to Member states by European law to differentiate the legislature the way it fits their national needs. It might be difficult for all Member states to participate in all European policies as it is stated in Treaties, directives or regulations as the Member state cannot or does not want to follow the mainstream of integration. European law then provides the means how to differentiate from the provisions to secure that any harm will be caused to a Member state. In the first part of the thesis, some basic terms to understand the subject are introduced such as differentiation, harmonisation, flexibility and integration itself. In the second chapter you can find the process of harmonization and the power within that the institutions of European Union can operate. Some disputes about how the powers are exercised are also introduced here. The differentiated integration had some development which laid the foundations to the current situation and therefore the development is described in this chapter. There are more ways how to differentiate within the European law, chapter number 3 gives a basic overview of these possibilities. It mentions multiple-speed Europe, variable geometry and integration á la carte, and gives some practical examples to understand...

This thesis deals with the fundamental right to the protection of personal data as enshrined in Article 8 of the Charter of Fundamental Rights of the European Union ('the Charter'). An analysis of the case law of the Court of Justice of the European Union (CJEU) on Article 8 of the Charter reveals an intriguing paradox: although this provision has been repeatedly invoked in order to enhance protection of personal data and has featured prominently in several far-reaching judgments (Digital Rights Ireland, Google Spain or Schrems), there is considerable uncertainty as to the substantive scope of the right to the protection of personal data. The relationship between the right to privacy and the right to data protection has proved difficult to untangle, and the autonomous nature of Article 8 of the Charter has not always been respected. The aim of the thesis is to analyse the purpose and content of this fundamental right with reference to the CJEU's case law and recent academic debate. This thesis is divided into four chapters. Chapter 1 provides an overview of the European legal framework for data protection and demonstrates the limited value of the 'Explanations relating to the Charter' in interpreting Article 8. Chapter 2 analyses the CJEU's approach to interpreting and applying Article 8, while Chapter 3 is...

Resumé The thesis deals with the exclusive powers of the European Union with a focus on legislative competencies. It is composed of four chapters; while deriving from Czech and foreign literature it contains theoretical view enriched by decisions of The European Court of Justice/The Court of Justice of The European Union. The first chapter focuses on the powers of the EU generally; it explains the term power and includes also the origin of the powers from historical and constitutional point of view. Corresponding with the principle of conferral explained in the chapter 1.3, the will of the member states could be considered as the basis for the powers of the EU. The thesis deals also with the theory of implied powers and the flexibility clause. These are the ways to avoid the rigidity which might be represented by strict obeying the principle of conferral. The following chapter offers an overview of other types of powers and hints to their particularities in comparison to the group of exclusive powers. We are finding out that in case of shared competencies the member states can take action unless the blocking effect of the European regulations is applied while in other cases the EU has only a supporting function. The last two chapters which could be considered as the most important ones focus specifically on...

6 Abstract Thesis title: European legal regulation of cybercrimes in a comparison with the legal regulation of cybercrimes in the USA The diploma thesis deals with the legislation of cybercrime and cyber security of the United States of America and the European Union. The introduction defines the basic concepts and important moments of history of related legislation and discusses key policy documents adopted in the transatlantic area. It also presents the politics of these two units and their key legislation and describes the international Convention on Cybercrime. Selected documents are subsequently compared and evaluated in the context of legal terminology, technological development and application of regulations in practice. The thesis is concluded by the basic steps of transatlantic cooperation on issues of cyber security. The conclusion summarizes the lessons learned by comparing documents, particularly international emphasis on ratification of the Convention on Cybercrime and adequate levels of awareness of cyber space, and highlights some terminological inaccuracies. Keywords Cyber threats * cyber security * cybercrime * international cooperation * strategic documents

Resumé Sovereign debt crisis in the eurozone that struck most of the countries in the European Union in 2008 has brought forward a specific relationship between budgetary autonomy and national identity. With the development of situation in Greece, it seems that the topic is very relevant again. I have focused on finding the answer to question whether the budgetary autonomy can be considered a part of national identity. As a secondary question I have looked into the approach for assesment of what is still an acceptable limitation of budgetary autonomy. Methodologically I have used the topic-relevant literature and analysed the decisions of the Court of Justice of the European Union as well as Czech and German Constitutional Courts. I have then synthesised general conclusions that allowed me to answer the researched question. The paper is divided into three parts. In the first part I have focused on building a strong theoretical background and clarification of the concepts of budgetary autonomy and national identity. Third part is dedicated to the analysis of current decisions of the German Constitutional Court and their confrontation with my findings from the first and the second part. I did not confirm the hypothesis. In conclusion, I have stated that budgetary autonomy can not be considered a part of...

This thesis deals with analysis of EU rules on entry and residence on the territory of Member States. These rules are described from the perspective of different groups of people, EU citizens, citizens of EFTA Member States, family members or citizens of Turkey, and also from the perspective of Member States participating in the Schengen Border Area and Member States outside this Area. The core of this thesis consist is the analysis of four key EU rules in this field, namely the Border Code (Regulation 562/2002), the Visa Code (Regulation 810/2009), the 539/2001 Regulation and the 2004/38 Directive, as well as relevant case law of the Court of Justice, that influences the interpretation of the rules in hand significantly. The rules are also assessed from the point of view of principles of legal certainty and legitimacy.

of the Rigorosum Thesis This rigorosum thesis deals with the procedure for the failure to fulfill an obligation under the Treaties according to articles 258 and the following of the Treaty on Functioning of the European Union (so called "infringement procedure"). This procedure can be iniciated by the European Commission against the Member States in case of breach of an obligation stemming for them out of the EU law. The thesis aims to describe not only the purpose of the procedure and the procedure itself, but it examines also the functions of the single entities influencing the procedure. These are not only the parties, i.e. the Member States concerned and the Commission, but also the Court of Justice of the EU and the individuals as well. The goal of the thesis is to critically assess the infringement procedure and to point out some of the problematic aspects of the procedure with a possible impact on its effectivity. The thesis has six parts. The first introduces the topic. The second one defines the purpose and the function of the infringement, and its incorporation into the EU law. The third part is devoted to the entities with the influence on the procedure, who are for the purpose of the thesis described as "players" ("aktéři" in Czech). The fourth part describes the course of the...