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Consumer Protection under EU Law
Marciniková, Eliška ; Kunertová, Tereza (referee)
Consumer Protection under EU Law - Abstract This paper discusses consumer protection legislation on the level of EU law and its development. This paper focuses on identifying areas affected by consumer protection law. It also strives to define the nature and position of the set of consumer protection rules in the system and then to define further trends in the development of consumer protection law in the EU. Finally, it attempts to identify both gaps in consumer protection and any problems that can arise from excessive regulation in favour of consumers. Several initial thought (theses, hypotheses) were the impetus for writing this paper, and the paper aims to confirm or refute them (in addition to fulfilling the primary objectives above). The first is the problem of the non-existence of a universal definition of consumer in European law and the idea that this fact does not cause any major problems in practice. The second initial thesis is the assumption that consumer protection legislation is excessive. The third thesis, which ties on to the second, is that despite the great number of legal norms, consumers do not have a specific procedural standing in legal proceedings, which leads to a factual weakening of their protection. The last thesis rests on the opinion that the future and direction of consumer...
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The principle of equal pay for men and women workers for equal work in professional sport
Linhartová, Denisa ; Exner, Jan (advisor) ; Kunertová, Tereza (referee)
The principle of equal pay for men and women workers for equal work in professional sport This thesis is based on the hypothesis that given the available data on the different rewards of professional athletes and the fact that these rewards are not regulated or monitored in any way, it is likely that there is discrimination in pay in the field of professional sport. The aim of this thesis is therefore to assess whether this hypothesis is correct and whether any rules of remuneration in sport are in fact discriminatory in the context of European law. In order to verify the hypothesis, the thesis first deals with the legal regulation of the principle of equal pay and the question of the application of EU law to sports activities. In that context, it also deals with the question of the legal position of professional athletes as workers and service providers and examines whether the principle of equal pay is applicable to the nature of their sport activity as an exercise of work. Based on available studies, the thesis outlines the situation of remuneration across various sports and with the help of selected examples of sports such as football, basketball and tennis, also points out the causes of different rewards and other aspects of the issue, such as the lack of women in leadership positions, the...
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Use of Theories of Harm in The Application of Article 102 TFEU
Jakab, Miroslav ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
Use of Theories of Harm in the Application of Art. 102 TFEU Abstract This master's thesis presents a study of the impact of European Union competition law on the area of abuse of dominance. It maps the usage of the effects-based approach and consumer welfare standard in abuse of dominance cases pursuant to Article 102 of the Treaty on the Functioning of the European Union. This is done by an analysis of the theories of harm advanced in the case law of the European Commission in prohibition decisions from the last twenty years. The thesis begins by a theoretical discussion and outline of the boundaries to the Commission's discretion in this area, as set by Union courts. Then, a short description of the process of competition law modernisation in Europe continues. In the subsequent analytical part, the cases are tested against two criteria. The first criterion is whether the Commission has analysed the actual or likely effects of a dominant undertaking's conduct. The second criterion is whether the Commission tested the pertinent conduct against a consumer welfare standard. In the final chapter, the results of the analysis are discussed. The conclusion of this thesis is that the Commission's case law did shift to a more effects- based approach over time and that the Commission does attempt to take the...
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Data protection in the EU - Biometric data
Jansa, Tomáš ; Kunertová, Tereza (advisor) ; Exner, Jan (referee)
Data protection in the EU - Biometric data The main aim of this thesis is to deal with the data protection in connection with the biometric data. In the first chapter, the author of this work deals with the historical context. The right to privacy even nowadays represents the solid ground of the data protection. Therefore, its de- limitation and subsequent connection with the data privacy is of an upmost importance for a proper understanding of this problematics. The author also deals with the data protection not only in the european context, but also with the disunited legislation in the US, where a legisla- tion in the context of general data protection regulation is absent. The second chapter mainly dealt with stating the general legal principles and their rel- evance to the legal order as well as with the special principles laid down in the regulation, which are mandatory to be upheld. The third chapter dealt with the term of personal data. Moreover, it was also important to define the other terms, which goes hand in hand with the personal data term. Therefore, anonymous data as a personal data, which went through the anonymisation process, as well as the special category of personal data, which represents the fundament of the problematics of the biometric data and lastly also the term of data...
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European regulation of virtual currencies, its shortcomings and future development.
Fišer, Jan ; Vondráčková, Aneta (advisor) ; Kunertová, Tereza (referee)
European regulation of virtual currencies, its shortcomings and future development Abstract This thesis is focused on the European regulation of virtual currencies, meaning the current Union legal regulation of this phenomenon including further European Union institutions' activities in the area. The aim of the thesis is to introduce the existing approach towards virtual currencies as well as to find some of the shortcomings and to outline the future development of European regulation of virtual currencies. As a part of this thesis, relevant activities associated with distributed ledger technology as a technology related to virtual currencies will be introduced. To achieve the mentioned, the thesis analyzes mainly legislative and non-legislative sources issued by competent institutions of the European Union, equally important are the jurisprudential texts from the area of virtual currencies and related fields. The thesis is divided into five chapters which are further divided into topical subchapters. Each of the chapters includes partial identification of shortcomings and presents the future development in the area. The introductory chapter addresses the introduction of virtual currencies as such and in the context of financial law. Further, technological bases of virtual currencies are described, namely...
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The European Union and the World Trade Organization - Principles, Results and Comparison of Trade Liberalization Regimes
Süttö, Michal ; Kunertová, Tereza (referee)
The European Union and the World Trade Organization - Principles, Results and Comparison of Trade Liberalization Regimes Abstract The subject of this thesis is an analysis and subsequent comparison of the origin, principles, development, results and basic legal instruments of trade liberalization within the European Union and the World Trade Organization. While coexisting in the field of international economic co-operation for more than 60 years, these bodies have emerged from the same aspirations to deepen mutual economic co-operation through trade liberalization and suppression of the protectionist practices. Our primary objective is to examine and point out the aspects that both organizations share, as well as the degree and form of their differences. However, the presented work focuses on the similarities and differences between the EU and the WTO from a specific point of view. It is based on traditional expectation of most authors, believing that the EU is pursuing more ambitious goals than the WTO. Under this assumption, trade liberalization obligations between EU Member States would necessarily have to be stricter and more progressive than the WTO's respective commitments. The subsequent objective of the thesis is to examine the validity of this expectation. Regarding the analysis of the rules, the...
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PSD2: The Implications for Banking and the Fintech Industry
Dolenský, Ondřej ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
(EN) The main aim of this diploma thesis is to critically assess the implications of the revised Directive on Payment Services (PSD2) for Banking and the Fintech Industry. In order to do so, the thesis firstly focuses on the current banking system together with the recent problems associated with the Global financial crisis of 2007-2008, which have given rise to substantial changes of the regulation of banking system at the EU level. Subsequently, the thesis compares the banking system with the rising financial technology (Fintech) industry and provides an overview of this industry together with regulation thereof. The provided overview of Banking and the Fintech Industry is followed by the analysis of the original Directive on Payment Services (PSD) and the PSD2, which also includes relevant case-law of the CJEU. Finally, the last part of the thesis assesses the possible implications of the PSD2, while it takes into account other relevant factors that may affect the potential development of the Fintech Industry. From the respective analysis it becomes apparent that the regulation of the banking system at the EU level has been strengthened in response to the Global financial crisis given that the insufficient regulation of banking was one of the main causes of the Global financial crisis....
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Blockchain at the European Level
Drašković, Teodora ; Kunertová, Tereza (advisor) ; Vondráčková, Aneta (referee)
Blockchain at the European Level Abstract The objective of this master thesis is to provide a basic overview of the blockchain technology, its features and its potential utilization, including an overview of European legal regulations that might be applicable to the technology, under certain conditions. In the first chapter, the master's thesis sets forth the legal framework of the EU primary law that establishes or can establish the EU's competence to act in the matters of blockchain technology, depending on its legal qualification (especially in the context of the internal market - namely the free movement of services and capital). The second and third chapters provide essential description of features of blockchain and cryptocurrency and related services. A more detailed description is provided in Annexes I-IV of this thesis. Further, the legal status and applicable regulation of cryptocurrencies are assessed at the European and national levels and in terms of other global jurisdictions. The assessment also includes the recent CJEU's judgment in the case Hedqvist, according to which bidirectional exchange services (purchase of cryptocurrency for fiat currency and vice versa) are to be exempted from VAT obligation under the VAT directive. In line with the CJEU's reasoning and the Advocate General's...
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Disclosure of evidence in relation to an action based on competition law infringements.
Růžek, Mikoláš ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
Disclosure of evidence in relation to an action based on competition law infringements Abstract This thesis is about private competition law enforcement and its procedural aspects. The topic is analyzed in the context of transposition of the Directive on actions for damages for competition law infringements into Czech law. Specifically, the thesis analyzes disclosure of evidence in the context of information asymmetry between parties to a civil litigation. Information asymmetry is being understood in the thesis as a situation in which the information relevant for case of one party to a dispute is controlled by the other party, while latter does not have any incentive to introduce this information to the proceedings. Solution to this issue is analyzed by comparison with the solution utilized in the US system, which is unique in its reliance on private enforcement. The thesis firstly introduces possible solutions to information asymmetry in the civil procedure and notes advantages and disadvantages of each solution. It also discusses the way these different solutions affect cost effectiveness of the proceedings. The thesis then continues to discuss American discovery in more detail; it describes its evolution and its criticism. After this introduction of the American system, the thesis moves on to discuss the...
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Protection of competition in selected liberalized network industries: the case of rail and air transport in the EU
Mohylová, Aneta ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
(EN) This thesis deals with the EU competition law enforcement in the transport sector towards private undertakings. Specifically, air and rail transport are focused at as they represent convenient examples on which it can be demonstrated how the EU manages to cope with the liberalization process and apply the competition rules to these sectors. The main research question of the thesis is what specific features can be observed in the decision making of the Commission and Court of Justice of the EU regarding the competition rules in the transport sector, specifically air and rail industry. This thesis is structured as follows. In total, it includes six chapters, introduction, four main chapters and the conclusion. The first main chapter is devoted to the EU transport policy as the goals of the transport policy, the liberalization process and its main characteristics are described. Specifically, the main milestones in the creation of single European transport policy in the transport sector are presented and the main obstacles in the liberalization process in the airline and rail sector are discussed. Moreover, the chapter also deals with the relationship of ex ante regulation and ex post competition rules. The second chapter focuses on the analysis of the competition rules enforcement in the air...
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