Martin Janků

The Lisbon Treaty and Changes in the Legal Rules on the Common Commercial Policy

Abstract The EU Lisbon Treaty 2007 (LT) brings some changes for the common commercial policy (CCP) and the decision-making processes related to it. CCP is newly included in the one area with all the external activities of the EU, with foreign and security policy, international environmental policy, development aid and economic, financial and technical cooperation with third countries. The fundamental areas of the CCP have been expanded to include foreign direct investment, services and trade-related aspects of intellectual property rights. The EU’s exclusive competence for external negotiation of agreements in areas of exclusive competence and internal CCP regarding their implementation were confirmed. The changes affect the role of the European Parliament and also the functioning of the European Council, the Council, and competences of the High Representative for Foreign Affairs and Security Policy and the European External Action Service. Together with these changes, there will be also changes in procedures within the European Union. A number of aspects of the decision-making process are not yet entirely clarified, and only the practice of the participation of the EU Member States and the European Parliament in the formation of the common commercial policy will bring more meaningful conclusions. The changes brought by the LT will affect not only the extent of the influence of EU Member States on the common commercial policy, but they can also affect the position of the EU in the context of international trade, particularly in the area of negotiating commitments and rules of multilateral and bilateral trade and investment agreements.

Legal Rules on the Purchase Contract under the Czech new Civil Code – – Selected Problems / Právní Úprava Kupní Smlouvy Ve Světle Nového Občanského Zákoníku Čr – – Vybrané Problémy

Abstract The goal of the present paper is to draw attention to some key rules and principles of the purchase contract. After the specification of this contract type we will deal in more details with the defective performance and the procedure of its complaint. As suggest the first assessment and reviews of the application of new legislation in its practical use and by the case law, in the achievement of the objective desired by the NCC - to increase the transparency of the procedure of complaints - the new legislation stacked in the middle of the way. The paper compares the impact of the new the previous and the current regulations, We will use the method of functional analysis as well as the method of legal formalistic comparison. It is obvious that the new rules respect the former régime of commercial contracts. The business sphere has undoubtedly welcomed this feature of the legal regime as the merchandisers are familiar with these rules. The second issue is, however, how this modification in the general regulation meets the expectations of the to provide sufficient legal certainty in the interpretation of contractual provisions and in the access to the protection of their interests by courts in the event of disputes.