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Volume 11 (2011): Edition 1 (June 2011)

Détails du magazine
Format
Magazine
eISSN
2464-6601
Première publication
08 Jun 2011
Période de publication
2 fois par an
Langues
Anglais

Chercher

Volume 12 (2012): Edition 2 (December 2012)

Détails du magazine
Format
Magazine
eISSN
2464-6601
Première publication
08 Jun 2011
Période de publication
2 fois par an
Langues
Anglais

Chercher

9 Articles
access type Accès libre

Interim measures before national courts in the context of EU and Czech law

Publié en ligne: 24 Jan 2018
Pages: 7 - 42

Résumé

Abstract

The article deals with the rules for a grant of interim measures in the context of EU law and its application in national judicial proceedings. It covers the key case-law of the Court of Justice of the EU related to the regime, conditions and limits of the interim measures and adds a reflection of practice of Czech courts. Article pays particular attention to the conditions for suspension ofn the application of national law measures.

Mots clés

  • EU Law
  • national courts
  • national procedural rules
  • interim measures
access type Accès libre

And the best top level domain for European Enterprises is …

Publié en ligne: 24 Jan 2018
Pages: 43 - 59

Résumé

Abstract

The virtualization and dematerialization of private as well as business life, including the conduct of business, are noticeable features of the 21st century. One must bear in mind that e-commerce is the biggest and the fastest growing market in the world.50 It is indispensable to consider the domain as a space on the Internet and the domain name as an Internet code address of a computer knot (IP numeric address) converted through the DNS database placed on special name computer servers into a verbal (literal) form. Such a unique and symbolic name performs many more functions than merely serving as an address and undeniably has a strong significance for successful business conduct. Th us, the choice of a TLD for a domain to be used for entrepreneurial activities truly matters and definitely should be done while considering key factors, including economic, legal, and technical aspects

Mots clés

  • Internet
  • domains
  • e-commerce
  • EU
  • national domains
access type Accès libre

The new principles in internal audit function in banks: stagnation or step forward?

Publié en ligne: 24 Jan 2018
Pages: 61 - 69

Résumé

Abstract

Article reflects the recent developments in the field of internal audits within the banks (the document on the internal audit function in banks issued by the Basel Committee on Banking Supervision in 2012). It covers the processes of the internal audits, the relations between supervisors and auditors and the main principles covering the internal audits in banks.

Mots clés

  • banks
  • supervision
  • internal audit
  • relations
  • principles
access type Accès libre

Criminal Justice rationalization and its possibilities when prosecuting organized crime

Publié en ligne: 24 Jan 2018
Pages: 71 - 85

Résumé

Abstract

Article reflects the recent developments in the field of internal audits within the banks (the document on the internal audit function in banks issued by the Basel Committee on Banking Supervision in 2012). It covers the processes of the internal audits, the relations between supervisors and auditors and the main principles covering the internal audits in banks.

Mots clés

  • banks
  • supervision
  • internal audit
  • relations
  • principles
access type Accès libre

A Child at risk The Czech Republic experience

Publié en ligne: 24 Jan 2018
Pages: 87 - 100

Résumé

Abstract

The paper aims at finding an answer to the question whether abandoning a child or applying for hidden identity makes the way of the child to a substitute family by adoption easier. Further, an attention is paid to surrogate motherhood in connection with the child’s rights, including the right of the child to know his/her origin. The final part is focused on protection of the child endangered by domestic violence.

Mots clés

  • child
  • risk
  • pathologies
  • abandoning
  • substitute family
  • surrogate motherhood
  • Czech Civil Code
access type Accès libre

Unification of law in the field of family law – roads and dead-end-roads

Publié en ligne: 24 Jan 2018
Pages: 101 - 112

Résumé

Abstract

Article deals with the problem of the harmonisation and unification of the family law in the European Union as the consequence of the building the single European Space. Th e main claim of the author is that a speedy unification of substantive family law, particularly one that is decreed by European institutions, would lead to loss on national and regional legal culture, what accorfing the author can’t be justified. Th e alternative is a close cooperation of individual European cultural groups or neighboring countries and the unification of the conflict of laws provisions and of the law of jurisdiction of the courts as well as by enacting regulations on (mutual) recognition and enforcement of court decision.

Mots clés

  • European Union
  • family law
  • unification
  • cooperation
  • conflict of laws
  • jurisdiction of the courts
  • mutual recognition
access type Accès libre

The final act in the deregulation of the Austrian postal market: the Postal Market Act (Postmarktgesetz-PMG)

Publié en ligne: 24 Jan 2018
Pages: 113 - 127

Résumé

Abstract

On 1 January 2011, the PMG entered into force. It implements the EC/ EU Postal Directive and finally eliminates the protected market for letters of the former incumbent “Österreichische Post Aktiengesellschaft ” (Post AG). Th is is the last step in the full liberalization of the postal service sector in Austria. The following article presents the new Act with a focus on the universal service and the closure of post offices by the Post AG.

Mots clés

  • postal market
  • liberalization
  • Austria
  • European Union
  • postal directive
  • implementation
access type Accès libre

Unveiling the overlooked freedom – the context of free movement of capital and payments in the EU law

Publié en ligne: 24 Jan 2018
Pages: 129 - 145

Résumé

Abstract

Free movement of capital and payments represents the youngest of the freedoms within the single internal market of the European Union. Th e title “youngest” points on the very slow release of capital markets within the European Community and the European Union which leads to the tardy development of this freedom. It is young also from the view of the legal effects because it was the last of the freedom where direct effect of basal Treaty provision was accepted by the Court of Justice. In the heading of this article I awarded the forth freedom with the adjective “overlooked” which is clearly my subjective opinion on the approach of the EU law scholars to this part of the internal market law. In the most of the substantive textbooks and casebooks we may find only marginal space devoted to this field, especially in comparison with the other market freedoms. My objective is to off er and general introductive insight to this area and to certain extent cover the emerging gap.

Mots clés

  • Capital
  • Payments
  • Free movement
  • Restrictions
  • Exemptions
  • Case-law
access type Accès libre

Modification du mécanisme de contrôle de la Convention européenne des droits de l’homme a la base du Protocole n° 14

Publié en ligne: 24 Jan 2018
Pages: 147 - 159

Résumé

Abstract

The article in French is dedicated to the analysis of the latest Protocol to the European Convention of Human Rights. The contribution is focused especially on the evaluation of the effectiveness of the control mechanism of the Convention under the Protocol No 14. It deals, besides others, with the modification of the admission criteria of the application, the creation of the new formations of the Court, the introduction of the new competencies of the Council of Ministers and the changes in the term of office of the judges.

Mots clés

  • Convention for the protection of Human Rights
  • control mechanism of the Convention
  • European Court of Human Rights
  • 14. Protocol to the Convention
  • individual application
  • admissibility criteria
  • supervision on the execution of the judgements
9 Articles
access type Accès libre

Interim measures before national courts in the context of EU and Czech law

Publié en ligne: 24 Jan 2018
Pages: 7 - 42

Résumé

Abstract

The article deals with the rules for a grant of interim measures in the context of EU law and its application in national judicial proceedings. It covers the key case-law of the Court of Justice of the EU related to the regime, conditions and limits of the interim measures and adds a reflection of practice of Czech courts. Article pays particular attention to the conditions for suspension ofn the application of national law measures.

Mots clés

  • EU Law
  • national courts
  • national procedural rules
  • interim measures
access type Accès libre

And the best top level domain for European Enterprises is …

Publié en ligne: 24 Jan 2018
Pages: 43 - 59

Résumé

Abstract

The virtualization and dematerialization of private as well as business life, including the conduct of business, are noticeable features of the 21st century. One must bear in mind that e-commerce is the biggest and the fastest growing market in the world.50 It is indispensable to consider the domain as a space on the Internet and the domain name as an Internet code address of a computer knot (IP numeric address) converted through the DNS database placed on special name computer servers into a verbal (literal) form. Such a unique and symbolic name performs many more functions than merely serving as an address and undeniably has a strong significance for successful business conduct. Th us, the choice of a TLD for a domain to be used for entrepreneurial activities truly matters and definitely should be done while considering key factors, including economic, legal, and technical aspects

Mots clés

  • Internet
  • domains
  • e-commerce
  • EU
  • national domains
access type Accès libre

The new principles in internal audit function in banks: stagnation or step forward?

Publié en ligne: 24 Jan 2018
Pages: 61 - 69

Résumé

Abstract

Article reflects the recent developments in the field of internal audits within the banks (the document on the internal audit function in banks issued by the Basel Committee on Banking Supervision in 2012). It covers the processes of the internal audits, the relations between supervisors and auditors and the main principles covering the internal audits in banks.

Mots clés

  • banks
  • supervision
  • internal audit
  • relations
  • principles
access type Accès libre

Criminal Justice rationalization and its possibilities when prosecuting organized crime

Publié en ligne: 24 Jan 2018
Pages: 71 - 85

Résumé

Abstract

Article reflects the recent developments in the field of internal audits within the banks (the document on the internal audit function in banks issued by the Basel Committee on Banking Supervision in 2012). It covers the processes of the internal audits, the relations between supervisors and auditors and the main principles covering the internal audits in banks.

Mots clés

  • banks
  • supervision
  • internal audit
  • relations
  • principles
access type Accès libre

A Child at risk The Czech Republic experience

Publié en ligne: 24 Jan 2018
Pages: 87 - 100

Résumé

Abstract

The paper aims at finding an answer to the question whether abandoning a child or applying for hidden identity makes the way of the child to a substitute family by adoption easier. Further, an attention is paid to surrogate motherhood in connection with the child’s rights, including the right of the child to know his/her origin. The final part is focused on protection of the child endangered by domestic violence.

Mots clés

  • child
  • risk
  • pathologies
  • abandoning
  • substitute family
  • surrogate motherhood
  • Czech Civil Code
access type Accès libre

Unification of law in the field of family law – roads and dead-end-roads

Publié en ligne: 24 Jan 2018
Pages: 101 - 112

Résumé

Abstract

Article deals with the problem of the harmonisation and unification of the family law in the European Union as the consequence of the building the single European Space. Th e main claim of the author is that a speedy unification of substantive family law, particularly one that is decreed by European institutions, would lead to loss on national and regional legal culture, what accorfing the author can’t be justified. Th e alternative is a close cooperation of individual European cultural groups or neighboring countries and the unification of the conflict of laws provisions and of the law of jurisdiction of the courts as well as by enacting regulations on (mutual) recognition and enforcement of court decision.

Mots clés

  • European Union
  • family law
  • unification
  • cooperation
  • conflict of laws
  • jurisdiction of the courts
  • mutual recognition
access type Accès libre

The final act in the deregulation of the Austrian postal market: the Postal Market Act (Postmarktgesetz-PMG)

Publié en ligne: 24 Jan 2018
Pages: 113 - 127

Résumé

Abstract

On 1 January 2011, the PMG entered into force. It implements the EC/ EU Postal Directive and finally eliminates the protected market for letters of the former incumbent “Österreichische Post Aktiengesellschaft ” (Post AG). Th is is the last step in the full liberalization of the postal service sector in Austria. The following article presents the new Act with a focus on the universal service and the closure of post offices by the Post AG.

Mots clés

  • postal market
  • liberalization
  • Austria
  • European Union
  • postal directive
  • implementation
access type Accès libre

Unveiling the overlooked freedom – the context of free movement of capital and payments in the EU law

Publié en ligne: 24 Jan 2018
Pages: 129 - 145

Résumé

Abstract

Free movement of capital and payments represents the youngest of the freedoms within the single internal market of the European Union. Th e title “youngest” points on the very slow release of capital markets within the European Community and the European Union which leads to the tardy development of this freedom. It is young also from the view of the legal effects because it was the last of the freedom where direct effect of basal Treaty provision was accepted by the Court of Justice. In the heading of this article I awarded the forth freedom with the adjective “overlooked” which is clearly my subjective opinion on the approach of the EU law scholars to this part of the internal market law. In the most of the substantive textbooks and casebooks we may find only marginal space devoted to this field, especially in comparison with the other market freedoms. My objective is to off er and general introductive insight to this area and to certain extent cover the emerging gap.

Mots clés

  • Capital
  • Payments
  • Free movement
  • Restrictions
  • Exemptions
  • Case-law
access type Accès libre

Modification du mécanisme de contrôle de la Convention européenne des droits de l’homme a la base du Protocole n° 14

Publié en ligne: 24 Jan 2018
Pages: 147 - 159

Résumé

Abstract

The article in French is dedicated to the analysis of the latest Protocol to the European Convention of Human Rights. The contribution is focused especially on the evaluation of the effectiveness of the control mechanism of the Convention under the Protocol No 14. It deals, besides others, with the modification of the admission criteria of the application, the creation of the new formations of the Court, the introduction of the new competencies of the Council of Ministers and the changes in the term of office of the judges.

Mots clés

  • Convention for the protection of Human Rights
  • control mechanism of the Convention
  • European Court of Human Rights
  • 14. Protocol to the Convention
  • individual application
  • admissibility criteria
  • supervision on the execution of the judgements

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