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Comparative analysis of client's protection in banking and insurance services within the EU
Vacková, Markéta ; Tomášek, Michal (advisor) ; Kunertová, Tereza (referee)
The objective of this thesis is to compare measures of consumer protection and its level in insurance and banking services in the EU. The premise is that the measures are very similar because both areas are subject to financial services law and as such they are similarly regulated. The first part of this work analyses and examines Insurance Distribution Directive and its contribution to consumer protection. The thesis compares Insurance Distribution Directive with Insurance Mediation Directive which is the legislation in force as of the time of writing this thesis. The second part of the thesis analyses, examines and compares Consumer Credit Directive and Mortgage Credit Directive and their contribution to consumer protection. The third part of the thesis compares the two previous parts and describes the reasons for different approaches taken in the researched legislation. The result of the analysis is that the measures taken for consumer protection are indeed very similar with differences originating from the nature of the services. The most elaborated directive which ensures the highest level of consumer protection is Mortgage Credit Directive and it is due to the significance of mortgage credit for lives of consumers and for the economy. Insurance Distribution Directive offers higher level of...
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Market access approach in relation to the internal market
Machovičová, Tereza ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
The market access approach refers to a way of interpretation of the notion of restriction to free movement advanced by the Court of Justice of the European Union. The rationale behind the concept, as it emerged from the landmark judgment in Commission v. Italy (Trailers), is that any measure that hinders access to the market is prima facie considered as a restriction to free movement and is therefore held incompatible with EU law unless the Court finds it justified and proportionate. Applying the market access approach the Court seems to have departed from its previous case law as it does not require a measure to be discriminatory in any way. Instead, a measure is already found to constitute a restriction if it is liable to discourage economic operators from accessing the market of a Member State or making such access less attractive or more difficult. On one hand, this interpretation allows the Court to strengthen integration and contribute to establishing the internal market free from any obstacles. On the other hand, it considerably extends the scope of the notion of restriction to free movement and therefore the scope of EU law in general. Particularly, the market access approach allows the Court to strike down an immense amount of national measures and thus intrude into national regulatory...
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Sporting nationality in the light of European Union law
Exner, Jan ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
Sporting nationality in the light of European Union law Jan Exner Abstract The aim of this master's thesis is to answer the question of how to grasp and categorize the concept of sporting nationality in the EU. Its goal is to consider compliance of the rules set up by international sporting governing bodies determining athletes' eligibility in national teams with the concrete provisions of EU law. The provisions under scrutiny are mostly those laying down the prohibition of discrimination on grounds of nationality in the fields of EU citizenship, internal market freedoms and competition. The master's thesis simultaneously aims at suggesting concrete recommendations to international sporting governing bodies in order to better adapt their rules to EU law requirements. The authors of this master's thesis first claims that rules governing athletes' eligibility in national teams fall within the scope of EU law since they have economic impact and effect. Secondly, it is submitted that these rules limit athletes' rights under EU law and constitute therefore a restriction to respective provisions of the EU legal order. That is why the question whether such a restriction to EU law may be justified is examined. In this respect, the Court of Justice provided sporting world with a useful manual on how to pass EU law...
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Eligibility of Qualification Obtained in another Member State
Vlková, Lenka ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
My thesis summarizes the legal documents relating to eligibility and possibility of legal practice in another state than the home member state. European Union Law in this regard is binding for the Czech Republic since its accession to the EU in 2004. The work is divided into chapters giving comprehensive and coherent information. The introduction justifies my choice of the topic and outlines particular chapters. The first chapter is devoted to cross-border advocacy and the related terms of a European lawyer or Union element. The second chapter begins with the interpretation of the content of primary law in relation to advocates and their activity. The third chapter presents relevant legal documents of secondary union law - directives. The fourth chapter describes fundamental Czech legislation, namely the Law on Advocacy. The fifth chapter discusses the legislation in France. The sixth chapter contains two examples of Czech and EU case law. In the chapter of annexe there is a list of the professional designation of the home state set by Ministry of Justice, so it is a list of titles of persons authorized to provide legal services, and the second annexe is a bar chart showing the number of European lawyers established in the Czech Republic. The thesis provides a comprehensive set of information for...
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Accession of the European Union to the European Convention on Human Rights
Brabcová, Anna ; Kunertová, Tereza (advisor) ; Pítrová, Lenka (referee)
OF DIPLOMA THESIS IN ENGLISGH LANGUAGE The matter of accession of the European Union to the European Convention on Human Rights has been for decades a hot topic of legal and academic discussions. On the 18th December 2014, the Court of Justice of the European Union issued its long awaited Opinion 2/13 where the CJEU ruled that the Draft Accession Agreement is not compatible with EU law. In my diploma thesis I deal with the issue of accession of the EU to the ECHR. My aim is to provide with: 1) a complex analysis of the accession procedure, 2) an analysis of the Opinion 2/13 itself and 3) to outline the potential development of future steps. I particularly focus my attention on the CJEU reasoning in the Opinion 2/13 and I emphasize some facts showing the position of the CJEU from the different point of view. The first part of my diploma thesis provides an overview of development of the idea of the EU accession to the ECHR. Moreover, in the first part I deal with reasons for the accession, issue of legal basis for the accession and finally, I focus my attention to the negotiating process. The second part deals with the period after the 18th of December 2014 when the Draft Accession Agreement has been by the CJEU announced as incompatible. I analyse the CJEU's reasoning in the Opinion 2/13 and the View...
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Horizontal direct effect of the Treaty freedoms
Merjavá, Veronika ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
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...
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Relocating registered office of a business corporation within the European Union
Jirková, Pavla ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
The idea of internal market is one of the basic concepts of the European integration. The internal market of the European Union is a single market in which the free movement of goods, services, capital and persons is ensured. This thesis focuses on the free movements of legal persons in the European Union, namely freedom of establishment and the possibility of cross-border transfer of a company's registered office. This business focused freedom is regulated mainly by primary law in Articles 49 a 54 TFEU and its main objective is to enable the exercise of economic activities even in the territory of other Member States. The aim of this thesis is to investigate the regulation and development of case law regarding freedom of establishment of companies and give their comprehensive analysis. Furthermore, the thesis points out the fact that the choice of company's seat and its change is often associated with advantageous conditions laid down by national legislation. Companies often choose countries which have minimum requirements for their establishment and existence. States are aware of this behavior. Consequently, some of them reduce their legal standards and try to attract companies into their territory. This may cause the battle of jurisdictions. The thesis consists of the initial and final part and...
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Separatist tendencies in individual EU Member States and the potential impact on the free movement of persons in the EU
Hřivna, Vít ; Kunertová, Tereza (advisor) ; Pítrová, Lenka (referee)
Separatist tendencies in individual EU Member States and the potential impact on the free movement of persons in the EU This thesis deals with the separatist tendencies within the Member States of the European Union. It is therefore a case when a certain region within a Member State decides to secede from it. This needs to be distinguished from a situation when a whole Member State decides to withdraw from the Union. The aim of this thesis is to analyze the various possible scenarios in the case where there is a separation of that region from the Member State. It deals with it in the context of the regions potential continuity within the Union and furthermore it examines the differences between the two most important cases of possible internal secession in the EU of today: Catalonia and Scotland. The thesis evaluates the most probable scenarios in both cases and the consequent impact of such subjective secession of the regions on citizens and their rights in the EU context, in particular the free movement of persons. The first chapter deals with the definition of separatism and general characteristics of the practical behavior of the regions and the state they secede from in the context of the EU. It looks especially at the relationship between the originar country and the separatist region and...
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Domestic violence legislation under European and international law
Krajíčková, Sabina ; Scheu, Harald Christian (advisor) ; Forejtová, Monika (referee) ; Kunertová, Tereza (referee)
Domestic violence legislation under European and international law Abstract This dissertation sets out to analyse domestic violence legislation both from an international legal perspective and, above all, from the perspective of relevant European law. By analysing this legislation, we will then evaluate whether the regulations currently in force are sufficient and actually offer effective tools to protect victims of violence. As the victims of domestic violence are mostly women, the first chapter focuses on the issue of violence against women, with particular focus on the specifics of gender-based violence and its manifestations, in particular sexual violence. In doing so, we will analyse how the affirmative consent principle is applied, as well as examining the matter of sex-based killings (femicide). For this purpose, this dissertation will pick up on the results of a data survey on violence against women in individual Member States, entitled Violence against women: an EU- wide survey, which was carried out in 2012 by the Human Rights Agency. Particular emphasis is placed on the Council of Europe Convention on Preventing and Combating Violence against Women (the Istanbul Convention), including a description of its ratification status and insight into some of its provisions which are proving rather...
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Citizenship of the European Union: Its development, use and perspectives after Brexit
Rampas, Jan ; Kunertová, Tereza (referee)
in English language: The thesis deals with the Institute of Citizenship of the European Union. It follows the first of its origins, the institutional framework and the definition of its content to then focus on the contemporary problems faced by this institution in its application and the use of this specific type of citizenship as one of the possible solutions to the problematic legal status of EU citizens and citizens of the United Kingdom after Brexit. The author puts forward suggestions for addressing the different groups of people whose position changes significantly after Brexit, especially with regard to their place of residence, nationality and whether or not they will still be citizens of a Member State of the European Union after Brexit or not. The author presents possible solutions to the problems that such a state of uncertainty brings with references to case law, current professional literature, and also takes into account the course of Brexit bargaining. He also submits proposals for a new definition of EU citizenship and its possible use to protect the rights of British citizens on the territory of EU Member States after Brexit, but also for Union citizens who are in the same time living, working or studying in Great Britain. Attention is also paid to the specific area of Northern...
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