|
|
Legal and Economic Aspects of the Entry of the Czech Republic into the Euro Area
Žáček, Ondřej ; Kohajda, Michael (advisor) ; Karfíková, Marie (referee) ; Papoušková, Zdenka (referee)
Legal and Economic Aspects of the Entry of the Czech Republic into the Euro Area Abstract The thesis answers a number of questions related to the entry of the Czech Republic into the euro area. The basic premise is that joining the euro area does not consist only in changing of the national currency, but it must be perceived more comprehensively as a transition to the third stage of the Economic and Monetary Union which has been undergoing dynamic development at the institutional level. The main conclusions of the thesis are as follows. The traditional Maastricht convergence criteria, as they are explicitly formulated in primary law, cannot be regarded as the sole conditions for entry into the euro area. Non-legal aspects are also relevant when the fulfilment of these criteria is assessed by the European Commission and the European Central Bank. In addition, several new institutions such as the Banking Union or the European Stability Mechanism have been established in the euro area, but are not taken into account by the Maastricht convergence criteria. This also confirms that entry into the euro area cannot be reduced to a mere change of the national currency. Another important conclusion is that entering the ERM II exchange rate mechanism, which is necessary to meet one of the convergence criteria, is not...
|
|
|
The Financial System Supervision in the European Union
Mokoš, Martin ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee) ; Papoušková, Zdenka (referee)
The Financial System Supervision in the European Union Abstract In the first chapter of my dissertation theses, I defined the objectives of the dissertation theses, I chose suitable methods of scientific work, which I applied in the entire process of creating the dissertation theses, I described them in more detail, and I also described in detail the entire methodology of the dissertation theses. In the second chapter of the dissertation theses, I paid attention to the definition of the financial system in the European Union and also to the legal acts of supervision over the financial system in the European Union. I also described the basic supervision of the financial system in the European Union, the banking union as part of the financial supervision system, as well as the European System of Central Banks (ESCB) and summarized other aspects of the supervision of the financial system in the European Union. At the end of this chapter, I state that by summarizing the institutional arrangement of European supervision, I have fulfilled one of the set sub-goals. In the third and fourth chapters, I described and evaluated the functioning and structures of specific components of the mechanism of macroprudential supervision and microprudential supervision of the European Union as part of the supervision of the...
|
|
|
Financial Aspects of Global Payment Systems
Moravec, Jiří ; Kohajda, Michael (advisor) ; Boháč, Radim (referee) ; Papoušková, Zdenka (referee)
Financial Aspects of Global Payment Systems Abstract This dissertation summarizes findings on Digital Asset's development, which would fit under the era of Blockchain 1.0. We analyzed and synthetized available resources focusing on the following areas: (i) historic aspects of Digital Assets, (ii) technical solutions of Digital Assets, (iii) actual use of Digital Assets, (iv) abuse of Digital Assets, (v) Digital Assets' legal integration, (vi) Digital Assets as a global payment system. Analyzing history of Digital Assets, we summarize that Digital Assets were developed with the intent to liberate payment systems from existing financial supervision. Once such system became functional it was immediately abused. In connection with technical solutions, we find that as technical complexity of Digital Assets (especially the lack of the trusted third party) diminishes protection of Digital Assets users, it incentivizes criminal activity. Consequently, Digital Assets are vastly abused for different criminal purposes, including development of services dedicated to criminal activity, such as Dark Web Marketplaces or Digital Assets Mixer. Further, Digital Assets are used for payments on minimal scale, and the retail use if practically nonexistent. Currently, Digital Assets' legal integration is slow and fractional;...
|
|
|
Legal aspects of tax planning in the direct tax area
Kamínková, Petra ; Karfíková, Marie (advisor) ; Boháč, Radim (referee) ; Papoušková, Zdenka (referee)
Title in English: Legal aspects of tax planning in the direct tax area Abstract: In 2012, the European Commission published its Recommendation on aggressive tax planning (2012/772/EU). To counteract aggressive tax planning, Member States should adopt a general anti-abuse rule (GAAR), which is drafted in the Recommendation. At that time, no one knew that GAARs would become obligatory for member states from 2019. In 2013, Organization for Economic Co-operation and Development (OECD) started the BEPS Project, which is considered the biggest revolution in the international tax law system since its creation in the 1950s. I introduce these initiatives and the legal instruments they bring. I focus on GAARs, which I consider to be the most important instruments. Their vagueness allows them to tackle any tax planning scheme. Their importance in the direct tax area grows as they become part of tax treaties based on the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting signed on 7 July 2017 and part of the national legal systems of the EU member states based on the Council Directive (EU) 2016/1164 of 12 July 2016, laying down rules against tax avoidance practices that directly affect the functioning of the internal market. First part of this thesis focuses on...
|
|
|
Legal Aspects of EU Funding and Financial Mechanisms in the Czech Republic
Válková, Irena ; Boháč, Radim (advisor) ; Marková, Hana (referee) ; Papoušková, Zdenka (referee)
1 Legal Aspects of EU Funding and Financial Mechanisms in the Czech Republic Abstract This dissertation examines legal aspects of EU funding and the financial contributions from the EFTA countries (financial mechanisms) in the Czech Republic. The main goal of the paper is divided into several objectives. First one is to provide an overall overview of taxonomy of legal aspects of financial relationships between recipients of financial law. Secondly, I strive to evaluate these aspects from the perspective of legal principles with the help of methods of interpretation such as linguistic meaning, historical or teological interpretation. Thirdly, the reflection of the real life needs in law is a subject to examination. Finally, I propose solutions of problematic areas. To be able to meet this goal I needed to find something which would make a link among legal entities and units directly or indirectly involved into the process of EU funding and financial contributions from the EFTA countries. Therefore, for the purpose of my dissertation, I define financial information as information about rights, powers and obligations of recipients of financial law established while budgeting and providing funds and information about secondary subject of the legal relationships which are funds. I compared the financial rules...
|
|
|
Legal aspects of tax planning in the direct tax area
Kamínková, Petra ; Karfíková, Marie (advisor) ; Boháč, Radim (referee) ; Papoušková, Zdenka (referee)
Title in English: Legal aspects of tax planning in the direct tax area Abstract: In 2012, the European Commission published its Recommendation on aggressive tax planning (2012/772/EU). To counteract aggressive tax planning, Member States should adopt a general anti-abuse rule (GAAR), which is drafted in the Recommendation. At that time, no one knew that GAARs would become obligatory for member states from 2019. In 2013, Organization for Economic Co-operation and Development (OECD) started the BEPS Project, which is considered the biggest revolution in the international tax law system since its creation in the 1950s. I introduce these initiatives and the legal instruments they bring. I focus on GAARs, which I consider to be the most important instruments. Their vagueness allows them to tackle any tax planning scheme. Their importance in the direct tax area grows as they become part of tax treaties based on the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting signed on 7 July 2017 and part of the national legal systems of the EU member states based on the Council Directive (EU) 2016/1164 of 12 July 2016, laying down rules against tax avoidance practices that directly affect the functioning of the internal market. First part of this thesis focuses on...
|
|
|
International double taxation of corporate income
Vybíral, Roman ; Karfíková, Marie (advisor) ; Boháč, Radim (referee) ; Papoušková, Zdenka (referee)
International tax law forms in an increasingly globalized world a significant regulator applying to constantly expanding group of entities whose activities are not exclusively tied to the area of one country. On the contrary, due to the continuously increasing link between national economies these entities very often simultaneously operate across multiple territories which often results to not always clearly identifiable tax law implications. It may be noted that international cooperation between states got over long decades to the fairly high level, especially in terms of prevention of the negative effects of double taxation of income to the subject to income tax. These negative effects were seen, and indeed even today sometimes may be seen in the form of increased tax burden of tax subjects, which is related to unwillingness to cross-border activity. Also especially developed countries very often aim to support such cross-border activities due to a positive impact into their public budgets. On the other hand, it is still possible to see certain gaps which, if used appropriate by the tax entities open the way to circumvention of rules and general principles on which international cooperation on these issues is based. These problems are primarily based on the concept of tax sovereignty which...
|
|
|
Control systems in financial law
Veselá, Lenka ; Marková, Hana (advisor) ; Boháč, Radim (referee) ; Papoušková, Zdenka (referee)
CONTROL SYSTEMS IN FINANCIAL LAW RESUME JUDr. et Mgr. Lenka Veselá The proposed thesis deals with control systems, focusing on financial law. The theme of this work was chosen with regard to the current situation in society, taking into account the global economic crisis. Monitoring is an inseparable part of every well -functioning state therefore it is important to keep eye on this very rigorously and also address a further specifies control. Control is dynamically evolving topic that is still actual and cannot be found any area of human life, where it is not needed. As applied in a wide range of areas for this work was chosen just a part of law closer focusing on the area of financial law. Financial control, as presented in this work, is a broad definition of procedures for the control authorities in the individual sub-sectors of financial law. It can be defined as financial control in public administration, as well as a tax inspection, customs control, foreign exchange control in management. Financial control is also applied in the field of monetary law, fee law, banking law, etc. We could trace a system of financial control in all the various sub- sectors of the financial law. For this reason was chosen the view of the issue as to the control systems in financial law. The system is the set of all...
|
guest ::
RSS feed.