Dissertations / Theses on the topic 'Railway unions'

This thesis explores Taiwanese privatisation in the context of global neo-liberalisation. It is a study of the relationship between the state, capital and trade unions in relation to privatisation and the policy-making process in Taiwan and the Taiwan Railway in particular. It pays attention to exploring the three dimensions: first, how the state plays its role in the privatisation process second, what private capital does in order to extend its financial interests and third, whether trade unions have capacity to shape privatisation policies. The thesis draws upon extensive fieldwork that took place in Taiwan and the Taiwanese railway industry in particular between May 2005 and November 2007. It documents how Taiwanese public sector unions, dependent on the party-state system, sought to transform themselves into independent unions during the period of privatisation. Using qualitative and participant observation methods, including semi- structured interviews, fieldnote taking, and documentary analysis, this thesis provides, for the first time first-hand, rich, deep, holistic and contextual data on issues that had previously been hidden from public debate. These are discussed and analysed with particular reference to British and former Soviet Union's experience in the context of privatisation. Although the research was explicitly located in the context of Taiwan and the Taiwan Railway, it is hoped that it has more general significance. Taiwan's experience, until now neglected in debates on privatisation, could extend contemporary debates on the topic especially in relation to the various roles of the state, capital and trade unions. In particular, it raises for discussion the finding that under certain circumstances, instead of being marginalised by privatisation, certain trade unions could gain strong bargaining capacity, weakening the role of the state and private capital, and significantly shaping the policy process.

Este trabalho resgata e analisa a história do sindicalismo dos ferroviários da Estrada de Ferro Sorocabana durante a década de 1930. Antes da abordagem do tema do trabalho, retoma o histórico da fundação da ferrovia e de seu operariado, desde 1870 até 1940. Narra a trajetória dos grupos políticos e ideológicos atuantes entre os ferroviários, representados principalmente por socialistas, comunistas, pró-patronais e integralistas. Analisa os conflitos, relacionamentos e as contradições entre os trabalhadores e as lideranças sindicais, com a empresa e o Estado. Estuda as propostas, transformações e compara a adesão decisiva dos trabalhadores, que determinaram a característica do sindicalismo ferroviário da Sorocabana.
This work rescues and analyzes the history of the unionism of the railway workers of the Sorocabana Railway during the decade of 1930. Before the mainly subject of the work, it synthetically retakes the description of the foundation of the railway and its workers, since 1870 up to1940. It tells to the trajectory of the unions groups with ideological policy and between the railway workers, represented mainly for socialist, communist, pro-owners and “integralistas”. It analyzes the conflicts, relationships and contradictions between the workers and their leadership, with the company and the State. It studies the proposals, transformations and compares the decisive adhesion of the workers who had determined the characteristic of the unionism of the Sorocabana Railway.

Thesis (Ph. D.)--West Virginia University, 2009.
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This thesis aspires to contribute to the discussion about economic justification of current process of railway liberalisation in European Union and specifically in Czech Republic. We focus on the method of vertical separation and open access, where governments keep control over the infrastructure and its development and individual train operators compete on-track. The first section contains a summary of progress of the reform and its historical context across Europe and a review of various methods of its economic evaluation. Based on that, the next section presents a partial equilibrium econometric model applied on the route between Prague and Ostrava. Simulations are run to explore different market settings, infrastructure investment possibilities and potential tolls imposed on individual road transportation. We conclude that liberalisation followed by entry of competing railway undertakings, as well as a rational attitude of the government towards long-term infrastructure investments, are crucial for future competitiveness of railways.

The thesis attempts to provide an analysis of the role of trade union membership in the formations of trade union consciousness and worker identity and the assumption that the trade union membership is influential in the formation of worker identity is tested in this study. It is mainly based upon a field study conducted in Railcar Factory of TÜ
VASAS in Sakarya, makes a comparison between union member workers and non-union member subcontractors in terms of the formation of trade union consciousness and worker identity. It will also be possible to point out concretely that the formations of trade consciousness and worker identity are analysed through perceptions, consciousness and attitudes by taking the social, economic and political dimensions into consideration. It is analysed that the trade union membership has not a significant influence on the formation of worker identity and there are no big differences among the union member workers and subcontractors in terms of the aproaches towards trade unionism, working class consciousness and worker identity.

The thesis studies the Swedish government policy of freight transports during a period ofstructural change since the 1920s. The focus is on the 1963 Transport Act, which introduced amore market-oriented approach. The views of the trade unions during this process areanalysed in more detail. Frequent financial problems of the railways were the main driverbehind different policy decisions in the Swedish Parliament, such as the nationalisation in1939, tightened quantity control of road freight transports, as well as the liberalisation in 1963and its abrupt cancellation 5 years later. No policy change was implemented without thesupport of Statens Järnvägar, the state-owned railway. Unions were sceptical to theliberalisation programme and preferred varying degrees of regulation and planning, althoughstated in general terms. They also agreed on the need for quantity control for most of theperiod, but for different reasons. After supporting Transport workers resistance toliberalisation of quantity control in the late 1940s, LO, the peak organisation, became morepositive in the 1960s, which created a split between the unions. As the problems for therailways deepened later, LO joined the Railway workers in support for rigorous transportplanning, which was fiercely resisted by the Transport Workers, which further increased therift.

The increased use of continuously welded rails in the railway systems makes it necessary to increase the control of the rail stresses to avoid instability and damages of the rails. Large stresses are especially prone to appear at discontinuities in the railway systems, such as bridges, due to the interaction between the track and the bridge. The interaction leads to increased horizontal forces in the rails due to the changed stiffness between the embankment and the bridge, temperature variations, bending of the bridge structure because of vertical traffic loads and braking and traction forces. If the compressive rail stresses become too high it is necessary to use costly and maintenance-requiring devices such as rail expansion joints and other rail expansion devices. These devices increase the railway systems life cycle cost and should if possible be avoided. The use of non-ballasted track on high-speed railways, tramways and subways, has increased since this kind of track requires less maintenance and according to some investigations have a lower life cycle cost compared to ballasted track. The non-ballasted track is usually made of a track slab to which the rails are connected through fastenings. The track slab is connected to the bridge structure and held in place by shear keys. When non-ballasted tracks are used in populated areas it is sometimes necessary to introduce some vibration and noise damping solution. One of the possible solutions is to introduce a floating slab mat (elastic mat) under the track slab on the bridge. The influence of the floating slab mats properties on the rail stresses is investigated in this degree project. The investigation was performed through a numerical modelling of two railway bridges using the finite element software SOFiSTiK. The results from the investigation showed that there was a small reduction of the compressive rail stresses by approximately 3 – 7% (depending on the stiffness of the elastic support, load positions and the properties of the mat) when a mat was installed under the track slab. The results from the investigation also showed that there was a small reduction (up to approximately 1 %) of the compressive stresses in the rail when the thickness of the mat was increased, and the stiffness of the mat was reduced. This reduction of the compressive stresses is assumed to be caused by the mat being mounted on the sides of the shear keys. The lower stiffness of the mat allows the track slab and the bridge deck to move more freely parallel to each other in the horizontal direction. This leads to a decrease of the stresses in the rail due to a lower interaction between the track and the bridge. It was also shown that the rail stresses increased if the friction between the slab mat and the bridge deck was considered. This is because of an increase of the interaction between the track and the bridge due to the mats horizontal stiffness.
Den ökade användningen av kontinuerligt svetsade räler i järnvägsnäten i världen leder till en ökad kontroll av rälsspänningarna för att undvika instabilitet och skador på rälsen. Särskilt vid en diskontinuit i järnvägssystemet, som vid broar, kan stora tillskottspänningar i rälsen uppstå till följd av interaktionen mellan spår och bro. Interaktion leder till ökade horisontella krafter som verkar på rälsen och beror på den förändrade styvheten mellan järnvägsbank och bro, temperaturvariationer, nedböjning av bron på grund av vertikala trafiklaster samt broms- och accelerationskrafter. Om spänningarna i rälsen blir för stora behöver kostsamma och underhållskrävande dilatationsfogar införas. Dessa dilatationsfogar ökar järnvägssystemets livscykelkostnad och är något som ska undvikas att införas i den mån det är möjligt. Användningen av ballastfritt spår för höghastighetsjärnvägar, spårvägar och tunnelbanor ökar på grund av att dessa spår kräver mindre underhåll och har enligt vissa undersökningar en lägre livscykelkostnad i jämförelse med ballasterat spår. Ballastfritt spår består oftast av en betongplatta till vilken rälsen är kopplad genom befästningar. Plattan är i sin tur kopplad till underbyggnaden genom skjuvförbindare som håller plattan på plats. När ballastfritt spår används i bebodda områden är det ibland nödvändigt att ta till vibrations- och ljuddämpande åtgärder. En åtgärd som används på brokonstruktioner för att minska vibrationer och ljudföroreningar är att montera en vibrationsdämpande matta, som är tillverkad av ett elastiskt material, mellan betongplattan och broöverbyggnaden. I detta examensarbetet undersöks hur den vibrationsdämpande mattans egenskaper påverkar rälsspänningarna. Resultaten från undersökningen visar att spänningarna i rälsen minskar med cirka 3–7 % (beroende på det elastiska stödets styvhet, lastpositioner och mattans egenskaper) när en elastisk matta installeras under spårplattan i jämförelse med när ingen matta används. När mattans tjocklek ökar och när styvheten sänks minskar spänningarna med cirka 1 % i jämförelse mellan den tjockaste och tunnaste mattan. Denna minskning av spänningarna antas bero på att den vibrationsdämpande mattan som är monterad på sidan av skjuvförbindarna ger en möjlighet för spåret och bron att förskjutas fritt parallellt varandra innan en interaktion mellan spår och bro uppstår. Det visade sig även att om friktionen mellan mattan och broöverbyggnaden medräknas ökar spänningarna i rälsen. Detta beror på att mattan då skapar en större interaktion mellan spåret och bron gentemot fallet då mattans horisontella styvhet inte beaktas.

The employer, the state, long had the right to unilaterally set wages and determine working conditions. The goverment employees lacked the right to negotiate and sign agreements and to strike. This dissertation focuses on government employees, analyzing their identity and the strategies they chose to deal with their relationship to their employer. The perspective is that of the railway stations staff, postmen and other low-ranking civil servants employed by the Swedish National Railway and the Royal Post Office 1897-1937. The state became bureaucratized during the latter part of the 19th century. Bureaucratization of the goverment´s status as employer was necessary, but at the same time not sufficient to meet the demands of securing operations and of loyal personnel. Therefore bureaucratization was combined with other strategies, especially patriarchalism at the beginning of the 20th century. Through the growth of a discourse concerning "we in the department" strong bonds were created between superiors and subordinates in the department. Later the bureacracy was combined with corporative elements in the employer strategy of the state. For the Railway Workers´Union and the Postal Workers´Union a political strategy became the main and natural choice, considering the employer´s position of superiority. The political role of the employer was a foundation for the state employees´choise of strategy. This political strategy was one of servility and respect at the beginning of the 20th century, but later on borrowed elements of and actual content from trade union and professional strategies. The ideal for a state employee became that of a man with regular post who wore a uniform. There was a close connection between the collective identity of lower civil servants and the identity they were ascribed by their employer. Because of the strenght of the masculine identity this bore the characteristics of brotherhood.

The diploma thesis deals with design and development of the system which detects and numbers train carriages in compliance with International Union of Railways. Firstly, methods for correct detection of passing wheel including time records are analysed. Also, the summary of detection sensors used in railway industry is referred. I analyse meaning of each digit in numbering according to the UIC. The system solution is designed and the interaction and communication with other sub-systems is discussed. I put emphasis on the kind of solution that returns as accurate record as possible under any circumstances. The system operates in real time. Further, the results of measuring program are back-tested in order to verify low-deviation of measuring system component. The following section describes program prototype, which processes the recorded data. The algorithms which I used for the detection of wheel and train carriages are described. In the following chapter I discuss the usage of an external camera detecting the numbers in accordance to the UIC. In the last chapter, I describe the test environment in which the solution has been tested, and summarize the results of tests on a real life railway.

This thesis deals with the history of the Catholic Social Studies Movement (the Movement), the ALP Industrial Groups and the events leading up to the split in the Labor Party which occurred between 1955 and 1957. These events are portrayed and analysed from the perspective of the Movement and the Industrial Groups. The thesis challenges many of the conventional propositions as to the reasons for, and the facts surrounding the split. Directly challenged is the view that Herbert Vere Evatt was a principled champion of traditional Labor values who acted expeditiously to save the Australian Labor Party from being subverted by a Machiavellian Catholic layman, B.A. Santamaria, for the 'sinister' purposes of Catholic action. Also challenged is the suggestion that the ideology and policies of Movement activists within the Labor Party, were contrary to Labor's platform. It will be argued to the contrary, that Labor in the fifties was impeded by doctrinaire Marxist theory, and hence, the radicalism of the Movement did not sit easily with many of the older power brokers within the labor movement. It will also be argued that The Movement was formed on the initiative of the late B.A. Santamaria and a few associates only after repeated requests from Labour politicians and unionists, often motivated by quite selfish concerns, for assistance in the struggle against Communism in the trade unions. Emphasis will be placed in this thesis on the importance and the role of anti-Catholic sectarianism as a weapon of the Communists and the Extreme Left of the Labor movement against their opponents. An emphasis will be placed on the importance of anti-Catholic sectarianism in determining the outcome of the struggle within the Labor Party and the nature of the split. It will be suggested that Dr Evatt's attack on The Movement and the industrial groups of the 5 October 1954 could not have succeeded without the divisiveness of sectarianism, never far beneath the surface in Australian society of the 50s and 60s. The impact of the Petrov Affair on the internal politics of the Labor party is canvassed. In this regard startling new evidence is advanced by the writer that the ALP parliamentary leader, Dr. Herbert V. Evatt had, in October 1953, several months before the establishment of the Petrov Royal Commission, knowledge of, or at the very least strong grounds for suspicion that his press secretary Fergan O'Sullivan, was a source of information for the Communist party and Ergo, Soviet intelligence. It will also be stated that for reasons known only to himself and about which one can only surmise, Evatt failed to act on the intelligence provided to him concerning the activities of O'Sullivan. Historically speaking, the implications of this revelation concerning Dr Evatt and Fergan 0' Sullivan are considerable.

This thesis takes the Australian Railways Union as a focus for an examination of the Victorian Railways between the two World Wars. The development of the union is traced through the optimistic expectations of the early 1920s, the disillusionment which followed the union’s affiliation with the ALP and registration under the Commonwealth Arbitration Court, to the increasing polarisation of the union on political lines as the 1930s progressed. At the same time the union’s relations with, railway management are explored.
The innovative management style of Harold Winthrop Clapp, whose term as Chief Railways Commissioner covered the two decades under discussion in this thesis, is examined and set in the context of developments elsewhere in Australia and overseas. The repercussions of Clapp’s administrative and technological changes in railway work are discussed throughout the thesis, and particular attention is paid to the relationship between such changes and job loss. The problems arising from lack of clarity over control of the Railways Department, which are also examined in a separate chapter, were common to other statutory authorities as well. The financial situation of the railways is discussed in relation to that of other Australian railways. The problem of transport regulation to prevent uneconomic competition between motor transport and railways, which received growing recognition during the period of this thesis, also receives special attention.
During the Great Depression, the Victorian Railways Department and the ARU played a central role in the national arena. The railway basic wage case of 1930, which resulted in a ten per cent cut in wages, set a precedent for all major industries. The analysis of transcripts of this lengthy case has produced much which is of general significance for economic and labour history.
In the final chapters of the thesis, the ARU is shown approaching the radicalism of the 1940s, when large scale industrial action was carried out under Communist leadership. The union in 1939, following two decades of activity as part of a federal railways union, and experience of arbitration and affiliation to the ALP, was very different from the union which had existed up until 1920 in Victoria, with its narrow sphere of activity bounded by ‘the railway fence’, and this thesis explores that transition.

博士
中國文化大學
政治學研究所
97
Since 1989, privatization of state-owned enterprises had been executed on schedule by the Executive Yuan in Taiwan. However, state-owned enterprise unions launched a series of protesting and lobbying activities to protect their jobs rights and benefits. Their actions and appeals had highly drawn the public’s attention This research is probed into the issue on the lobbying behaviors, strategies and effects of state-owned enterprise unions taking example of Taiwan Railway Labor Union(TRLU)’s lobby influence on legislature and policy during 2000-2004. The union had successfully influenced the policy and delayed the schedule of privatization. Their success came from these three factors:(1)the effective collective action on 9/11/2003 to get the legal approval for demonstration in Chinese New Year.(2)the potential serious effect from demonstration in Chinese New Year.(3)the good timing due to the coming presidential election in 2004. However, Mancur Olson’s theory proposes that the collective action should fail to influence the policy where rational and self-interest-seeking ones lead to free-rider behaviors without optional incentives. The study takes examples of the action of TRLU on 9/11/2003 comparing to Olson’s theory and finds the success of the action majorly came from the special organizational culture. The special culture has been formed by a working system bringing good interactions between members and also by good cooperation experiences resulting from historic events. The study also finds there were no optional incentives offered by TRLU. The sense of Honor and negative incentives prevented TRLU’ s members from being free riders. In addition, there are two industrial characteristics strengthening the effect of TRLU’s lobbying behavior:(1)the monopoly of Taiwan Railways Administration in railway transportation industry.(2)the significant seasonal transportation demand peaking on long holidays and important festivals. However, TRLU’s lobbying wasn’t as effective as that in our case when it encountered its new strong competitor, Taiwan HighSpeed Rail Group, a private company.

This thesis Construction of the Single European Railway Area: Reforms of railway sector in the Czech Republic 2004-2014 deals with the europeanisation of the Czech railway policies through the lens of four subjects - government, regional governments, Czech railway and private railway companies. The work puts the issue of the European railway reform into the perspective of the concept of network industries liberalisation. The Czech Republic joined the European Union in 2004 and therefore had no chance in influencing its foundation. The thesis attempts to investigate the ways in which the EU affected the Czech railway environment and, simultaneously, if some kind strengthening of actors supporting liberalisation took place. The work concluded that although these actors have been strengthened, the railway market in passenger transport hasn't been created. As the work demonstrates, this was caused mainly by insufficient institutional and adjustment ability of the state that hasn't been able to successfully finish any public tenders. In the regions, the situation is similar - in 2009, a ten- year memorandum on operating of regional transport by Czech railways has been passed. Besides, each region has a different transport policy and the government will probably try to handle.

碩士
國立臺北藝術大學
博物館研究所
107
The announcement of “Convention for the Safeguarding of the Intangible Cultural Heritage” in 2003 naming the “Community” as an important issue in contemporary cultural heritage studies. More researches have turned to focus on the processes of heritage interpretation, rather than defining cultural heritage only with scientific and objective values. This phenomenon shows that the shift of the concept of cultural heritage from "things" to “processes.” Furthermore, ICOMOS defined the contemporary meaning of “heritage interpretation” in the “Ename Charter” in 2008,—to construct a more complex communication process—, which aims to lead to plural values and create a broader public sphere. Recently, much more citizens in Taiwan have been caring about the local cultural heritage conservation movement, the citizens even show civic awareness on these events. This study explores the public participation and heritage interpretation from "Taipei Railway Workshop Heritage Conservation Union (TRWHCU)" during the “Taipei Railway Workshop Heritage Conservation Movement”. The finding of this study shows that the purpose of the heritage interpretation from TRWHCU is not to convey the only value of Taipei Railway Workshop, but to provoke communication through action. In this process, TRWHCU is more concerned about how to find out the opinions from the non-professionals of the cultural heritage. Also, to trigger more dialogues and feedbacks from them. The direction of heritage interpretation from TRWHCU is related to the background of the members in this community, and the modes of interpretation always follows the current events. This situation leads to unpredictable interpretation mode. When museums want to establish a relationship with any community, it’s no doubt that making citizens participate in some casual events or daily work in museums would be a long-term planning.

This thesis examines the role played by the longterm labour activist Lloyd Ross (1901-1987) in the affairs of the Australian labour movement from his formative years in the opening decades of this century up until the consolidation of the Curtin government in 1942. By this time, although having years of service to the labour movement ahead of him, Lloyd Ross's once close association with left-wing politics (altogether a narrower cause) was at an end. The eldest son of the socialist agitator Bob Ross (1873-1931), Lloyd Ross inherited a commitment to radical politics, militant trade unionism and working-class cultural activities. He was eager to confront social and political problems head on. In 1935, after having served with the Workers' Educational Association for some ten years, he was elected secretary of the Australian Railways Union in New South Wales. In this capacity he soon became deeply involved in Labor Party factionalism and Communist anti-war agitation as well as formulating and pursuing the industrial demands of railway workers. Lloyd Ross enthusiastically accepted Communist Party policy in the era of the united front against fascism (1935 onwards). He preached the gospel of internationalism. However this alliance was sundered in 1940. Ever a 'broad left' man, Lloyd Ross came to reject the renewed sectarian emphasis in Communist thinking that accompanied the Russo- German treaty of 23 August 1939. Following the rupture he managed to stay on in the ARU but an attempt on his part to sustain his radical position was frustrated by the exigencies of his new factional situation. With the Communist Party now alienated, he was obliged to strengthen his links with the dominant moderate wing of the Australian Labor Party. By 1942 this process was fully evident. Lloyd Ross's subsequent involvement in anti-communist politics in the post-war era is surveyed in an epilogue. This connection culminated during the Labor split of 1955 following which Lloyd Ross gradually forsook factionalism, preferring to concentrate on industrial issues. The demise of Lloyd Ross's radicalism is related to structural instability in the inter-war labour movement. The most notable source of this instability is located in the tension between political and industrial forms of radicalism and in particular the divergence between old-style industrial unionism and the political priorities of the Communist Party. The inherent instability that arose with socialist trade union ideologues juxtaposed alongside a workforce containing a strong Catholic component is also highlighted, notably in relation to Lloyd Ross's dealings with the powerful Lang Labor faction. By succumbing to deradicalisation Lloyd Ross aligned himself with the mainstream of Australian labour history, notwithstanding the imprecations of his Communist detractors. After 1940, having rid themselves of left-wing dominance, the New South Wales Labor Party and the Labor Council in Sydney together went on to attain adamantine stability with consequent political dividends still evident today. In this regard Lloyd Ross undoubtedly played a key role in the ideological evolution of modern Australia.

The Colored Trainmen of America (CTA) actively challenged Jim Crow policies on the job and in the public sphere between the 1930s and 1950s. In response to lingering questions concerning the relationship between early black labor activism and civil rights protest, this study goes beyond both local lure and cursory research. This study examines the Colored Trainmen's major contributions to the advancement of African Americans. It also provides context for some of the organization's shortcomings in both realms. On the job the African American railroad workers belonging to the CTA fought valiantly to receive the same opportunities for professional growth and development as whites working in the operating trades of the railroad industry. In the public sphere, these men collectively protested second-class services and accommodations both on and off the clock. Neither their agenda, the scope of their activities, nor their influence was limited to the railroad lines the members of the CTA operated within the Gulf Coast region. The CTA belonged to a progressive coalition comprised of four other powerful independent African American labor unions committed to unyielding labor activism and the toppling of Jim Crow. Together, they all worked to effectuate meaningful social change in partnership with national civil rights attorney Charles H. Houston. Houston's experience and direction, coupled with the CTA's dedicated membership and willingness to challenge authority, created considerable momentum in movements aimed at toppling racial inequality in the workplace and elsewhere. Like most of their predecessors, the CTA's struggle for advancement fits within a continuum of successive challenges to economic exploitation and racial inequality. No single person or organization can take full credit for ending segregation or achieving equality. Many who remain nameless and faceless contributed and sacrificed. This study not only chronicles the contribution of a relatively unsung African American labor organization that waged war against Jim Crow on two different fronts, it also pays homage to a few more individuals who made a difference in the lives of an entire race of people during the course of a bitterly contested, never-ending struggle for racial equality in the United States of America during the twentieth century.

The aim of this thesis is to analyze the management, the marketing of products and conducting of the marketing questionnaire, by the help of it I want to evaluate the situation of this company. The partial aim is to find out a history, present progression, the behaviour of customers and workers and the service of railway traffic. At the end I want to propose my innovation.

Przedmiotem pracy doktorskiej jest analiza ochrony praw pasażerów kolei w Unii Europejskiej (UE). Celem badań jest przegląd i próba oceny obowiązujących przepisów prawa unijnego pod kątem ich realizacji i skuteczności w zapewnianiu ochrony praw pasażerów kolei na poziomie państw członkowskich UE. Podstawowym aktem prawnym w tym obszarze jest rozporządzenie (WE) nr 1371/2007 Parlamentu Europejskiego i Rady z dnia 23 października 2007 r. dotyczące praw i obowiązków pasażerów w ruchu kolejowym. W pracy zweryfikowane zostały dwie hipotezy badawcze. Według pierwszej z nich rozporządzenie 1371/2007 zapewnia minimalny poziom ochrony praw pasażerów kolei w UE. Zawarte w nim przepisy prawa materialnego i proceduralne gwarancje w zakresie ochrony praw pasażerów kolei są wystarczające na szczeblu unijnym, a o ich skuteczności w wymiarze realizacji na poziomie krajowym decydują przede wszystkim trzy elementy: (i) zakres stosowania przepisów rozporządzenia 1371/2007 w poszczególnych państwach członkowskich UE, (ii) dotkliwość sankcji krajowych za naruszenie przepisów tego rozporządzenia oraz (iii) zadania i sprawność instytucjonalna organów odpowiedzialnych za egzekwowanie i stosowanie przepisów rozporządzenia 1371/2007. Druga hipoteza zakłada, że w związku z tym, że pasażer kolei jest konsumentem na rynku przewozów kolejowych, ochronę jego praw zapewnia również prawo unijne przyjmowane w ramach polityki konsumenckiej, w tym dotyczącej usług turystycznych. W celu dokonania weryfikacji powyższych hipotez należało odpowiedzieć na następujące pytania badawcze: - w jakim zakresie regulacje prawa materialnego UE wpływają na ochronę praw pasażerów kolei? - jakie prawa przysługują pasażerom kolei w UE? - które państwa członkowskie UE i w jakim zakresie przyznały zwolnienia ze stosowania przepisów rozporządzenia 1371/2007? - jakie sankcje za naruszenie przepisów rozporządzenia 1371/2007 przewidują regulacje krajowe państw członkowskich UE? - jakie są zadania i usytuowanie instytucjonalne poszczególnych organów krajowych odpowiedzialnych za egzekwowanie przepisów rozporządzenia 1371/2007? - jakie są mechanizmy i procedury dochodzenia roszczeń wynikających z praw pasażerów kolei w UE? - czy instytucje unijne kontrolują przestrzeganie praw pasażerów kolei w państwach członkowskich UE i, jeżeli tak, to w jaki sposób? Tak przedstawione problemy badawcze stanowiły oś rozważań w ramach poszczególnych rozdziałów rozprawy. Praca składa się ze wstępu, pięciu rozdziałów oraz zakończenia. W pierwszym rozdziale pracy zostały uporządkowane i scharakteryzowane podstawy prawne dotyczące praw pasażerów kolei w UE, począwszy od prawa międzynarodowego. Akty prawa pochodnego UE przyporządkowane zostały do jednego z dwóch obszarów: sektora transportu kolejowego lub prawa konsumenckiego. Drugi rozdział poświęcony został omówieniu poszczególnych praw pasażerów kolei wynikających przede wszystkim z odpowiednich przepisów rozporządzenia 1371/2007. Analizą objęto również zwolnienia ze stosowania przepisów rozporządzenia 1371/2007 wprowadzone przez poszczególne państwa członkowskie UE oraz sankcje krajowe z tytułu naruszenia przepisów tego rozporządzenia. W trzecim rozdziale poddano analizie ochronę praw pasażerów kolei z punktu widzenia regulacji i zagadnień dotyczących rynku wewnętrznego UE. Natomiast czwarty rozdział traktuje o ochronie praw pasażerów kolei w świetle prawa konsumenckiego UE, w tym aktów prawnych dotyczących usług turystycznych. W ostatnim, piątym rozdziale pracy przedstawione zostały proceduralne gwarancje ochrony praw pasażerów kolei w UE. Analizie poddano przede wszystkim rozwiązania prawno-instytucjonalne przyjęte w państwach członkowskich UE, które udzieliły odpowiedzi na pytania zawarte w kwestionariuszu ankiety stanowiącym aneks do pracy doktorskiej. Rozprawę doktorską kończy podsumowanie zawierające wnioski de lege ferenda.
The subject of this dissertation is to analyse the rail passengers’ rights protection in the European Union (EU). The aim of the research is to review and attempt to evaluate the existing EU law provisions in terms of their implementation and effectiveness in ensuring the protection of rail passengers’ rights at the level of EU member states. The main legal act in this area is the regulation (EC) no 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations. Two research hypotheses were verified. According to first one, Regulation 1371/2007 provides a minimum level of protection for the rail passengers’ rights in the EU. The substantive provisions and procedural safeguards in the scope of protecting rail passengers’ rights are sufficient at the EU level, and their effectiveness in the implementation at the national level is determined mainly by three elements: (i) the scope of application of the provisions of regulation 1371/2007 in the EU member states, (ii) the severity of national sanctions for violation of the provisions of this regulation; and (iii) the tasks and institutional efficiency of national bodies responsible for enforcing and applying the provisions of regulation 1371/2007. The second hypothesis assumes that due to the fact that the rail passenger is a consumer on the railway transport market, his rights protection is also ensured by the EU law adopted as a part of consumer policy, including on tourist services. In order to verify the above hypotheses, it was necessary to answer the following research questions: - to what extent EU material law affect the protection of rail passengers’ rights? - what are the rights of rail passengers in the EU? - which EU member states and to what extent have granted exemptions from the provisions of regulation 1371/2007? - what sanctions for the violation of the provisions of regulation 1371/2007 are provided for by the national law of the EU member states? - what are the tasks and institutional efficiency of the national bodies responsible for enforcing the provisions of regulation 1371/2007? - what are the mechanisms and procedures for pursuing claims arising from the rail passengers rights in the EU? - do the EU institutions control compliance with the rail passengers’ rights protection in the EU member states and, if so, how do they do? The presented research problems were the subject of consideration within the respective chapters of the PhD thesis. The dissertation consists of an introduction, five chapters and a conclusion. In the first chapter, the legal bases concerning the rail passengers’ rights in the EU, starting from the international law, have been ordered and characterized. EU secondary legislation has been assigned to one of two areas: the rail transport sector or consumer law. The second chapter is devoted to the discussion of respective rail passenger rights resulting mainly from the relevant provisions of regulation 1371/2007. The analysis also covered exemptions from the provisions of regulation 1371/2007 granted by the EU member states and national sanctions for breach of these provisions. The third chapter analyzes the rail passengers’ rights protection from the point of view of regulation and issues related to the EU internal market. The fourth chapter, on the other hand, deals with the protection of rail passengers’ rights in the light of EU consumer law, including legal acts concerning the tourist services. The last, fifth chapter presents procedural guarantees to protect the rail passengers rights in the EU. The analysis covered the legal and institutional solutions adopted by the EU member states that responded to the questions in the questionnaire attached to the dissertation. The PhD thesis ends with a conclusion containing de lege ferenda remarks.

The law of railway transportation is a phenomenon affecting several other law branches in particular European Law, Commercial Law and Administrative Law. This thesis focuses on the last mentioned branch, i.e. Administrative Law. This thesis does not cover this issue comprehensively; however, it gives fundamental and comprehensive views on the issue. In addition to information on current legal situation and its background it provides information about the history of law of railway transportation and includes the topic of public transport services. In last twenty years the initiator of changes in law of railway transportation is mainly the European Union, which gradually liberalizes the railway transportation. Both national legislation and public services reflect and adapt to these changes. After summarising the history of law railway transportation this thesis gives overview on the important European legislation which determines national legislation in the Czech Republic. The main part of this thesis is about legislation issues in law of railway transportation in the Czech Republic. It focuses on the organisation of public administration according to the Railway Act and the jurisdiction of the Rail Administrative Authority including some aspects of the administrative proceedings there. It mentions...