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European legislation and case law regarding hate crimes
Števiarová, Lucia ; Scheu, Harald Christian (advisor) ; Vondráčková, Aneta (referee)
European legislation and case law regarding hate crime Author in this work, in accordance with its objective, offers professional and comprehensive view on European legislature and case law regarding hate crimes. For the sake of maximum clarity, the work is divided into four parts. In order to understand and achieve the concept, the first part provides a historical excursion into the issue and the enumeration of European sources related to hate crimes. To achieve aim is for reader to create his/her own opinion on this topic, therefore there is also discussion about prosecution of hate crimes and about their statistical inconsistencies caused by nonuniversal approach. The second part introduces reader to the term of "hate crime" analyzing various definitions, next author provides detailed justified proposal of possible definition of hate crimes with broad list of protected characteristics of potential victims. Unsolicited confusion of the term "hate crime" with related terms is prevented by distinguishing it from similar terms. Particular focus is placed on the specifics of hate crimes, which are relevant to addressing the issue. The author emphasizes the subject characteristic of hate crimes by discussing the hate motive, the extraordinary impact of hate crimes and the typology of perpetrators. The...
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The future of cryptoasset's regulation in the European Union.
Valušková, Markéta ; Vondráčková, Aneta (advisor) ; Kunertová, Tereza (referee)
The future of cryptoasset's regulation in the European Union Abstract This thesis focuses on the regulation of cryptoassets in the EU, more specifically with regard to its future form. The aim of the thesis is first to analyse the current EU legal framework for cryptoassets, including the identification of its main shortcomings, and then to analyse and evaluate the latest proposal for the future regulation of cryptoassets, which is the MiCA proposal. The actual text of the thesis is divided into five chapters, preceded by a general introduction containing the overall concept of the thesis, its objectives and the methods used to achieve the stated objectives. The last part of this thesis is the conclusion, which summarises the main findings of the thesis. In order to analyse the legal framework for cryptoassets at EU level, it is first necessary to become familiar with the technology on which cryptoassets are based, i.e. distributed ledger technology, and the basics of its operation, which was dealt with in the first chapter of this thesis. The purpose of chapter two was to present the characteristics of cryptoassets and other terms commonly used in this context, in particular with regard to the approaches of selected EU institutions to their use and definition. The differences between the terms and the...
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Harmonisation of corporate income tax from the perspective of European law
Houlík, Jan ; Vondráčková, Aneta (advisor) ; Tomášek, Michal (referee)
Harmonisation of corporate income tax from the perspective of European law Abstract The aim of this thesis is to analyse how successful is a fight against aggressive tax planning, tax avoidance, and abuse of law in the area of the corporate income tax harmonisation within the European Union. Even though the primary goal of harmonisation in the area of direct taxation was to ensure the proper functioning of the internal market, recently, as a reaction on various scandals and affairs of big multinational enterprises in connection with lowering their tax burdens and also as a reaction on the BEPS project created by the OECD, one of the primary goals of tax harmonisation is becoming the fight against aggressive tax planning. In this thesis is firstly analysed the effort of the European Union consisting of harmonisation using legislative instruments, in particular, directives in the area of corporate income tax, including its gradual development. Specifically, the Parent- Subsidiary Directive, the Merger Directive, the Interests and Royalties Directive, and the Anti-Tax Avoidance Directive are taken into account. The fight against aggressive tax planning, tax avoidance, and abuse of law, in particular abuse of benefits resulting from the directives is stressed in this context. Further, a case-law of the Court of...
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Protection of consumers - customers against the insolvency of tour operators - in EU law
Vysoká, Lenka ; Vondráčková, Aneta (referee)
Protection of consumers - customers against the insolvency of tour operators - in EU law This thesis examines the legal regulation of consumer protection in the cases of the bankruptcy of travel agencies. In the event of the insolvency of a travel agency, a problem arises as to who will ensure that the consumers are repatriated from summer resorts and their expenses for the unperformed travel services are reimbursed. This issue was first dealt with by Directive No. 90/314 on package travel. The Directive 90/314 will be analyzed in the second chapter of this paper. The Directive leaves a large margin of discretion for national legislators as to how they achieve the required consumer protection standard. However, the EU Member States must ensure that consumers recover the entire loss they have incurred due to the failure of tour operators to provide services. The Member States have come up with a number of implementation solutions - e.g. insurance of the guarantee for the case of insolvency, bank guarantee or guarantee fund of the travel operators. This implementation into national legal systems is described in the third chapter of this thesis. That chapter further introduces the Czech implementation affected in Act No. 159/1999 Coll. This Act has opted for insurance of travel agencies as the means...
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Regulation of credit institutions in the EU
Kottasová, Anna ; Tomášek, Michal (advisor) ; Vondráčková, Aneta (referee)
This thesis evaluates the regulation of credit institutions. Its aim is to answer the question of how the regulation of credit institutions evolved and how this development influenced current regulation. This thesis examines the potential of credit institution regulation to prevent further financial crises. At first the author deals with the development of the market of financial services and subsequently with the development of regulation of credit institutions. In the first part the author analyses the positive and negative aspects of each piece of legislation, reasons for their adoption, changes or their further use. This thesis deals particularly with capital adequacy requirements. It analyses their gradual development and reason for their amendments, especially in the context of the recent financial crisis. The author concludes that that current se-up of the credit institution regulation and its expected development puts too much emphasis in increasing of the capital adequacy requirements. The author sees this aspect especially in the directive on capital requirements from 2013 which presents new buffers that the credit institutions are required to hold and in the resolution directive from 2014 which adds new, yet similar requirements. The author particularly disagrees with the assessment of...
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New Approaches to Assessing Abuse of Dominant Position in relation to Standard Essential Patents in EU Competition Law.
Květoň, Robert ; Šmejkal, Václav (advisor) ; Vondráčková, Aneta (referee)
1 NEW APPROACHES TO ASSESSING ABUSE OF DOMINANT POSITION IN RELATION TO STANDARD-ESSENTIAL PATENTS IN EU COMPETITION LAW ABSTRACT The present thesis deals with the assessment of abuse of dominance in relation to a Standard- Essential Patents as a globally developing phenomenon of recent years. The assessment of abuse of dominance is examined in the context of EU competition law, in particular in the light of recent decision-making practice of the European Commission and the Court of Justice of the EU. This thesis examines whether European competition law is close to finding a firm standard in assessing abuses of dominance by competitors who benefit from intellectual property rights from patents on standardised technology. This firm standard is specified in two ways. The first level is whether in EU competition law the unwillingness of the owner of the Standard-Essential Patent to license such a patent is considered as an abuse of a dominant position. On the second level, it analyses under which circumstances a negatory action brought by a Standard-Essential Patent owner against a licensee in bad faith can be considered as an abuse of his dominant position. In Chapter 2, the thesis introduces key concepts related to Standard-Essential Patents and standardisation. Chapters 3 and 4 analyse the decision-making...
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Post-crisis banking regulation development in the EU
Didyk, Anna ; Tomášek, Michal (advisor) ; Vondráčková, Aneta (referee)
Post-crisis banking regulation development in the EU Abstract (EN) After the Global Financial Crisis and the subsequent European sovereign debt crisis, there was a clear need for changes in the EU regulatory framework. Insufficient regulation was identified as one of the main reasons why the crisis led to such far-reaching negative consequences in the financial system. This work aims to analyse the developments in the financial regulation in the EU banking system following the aforementioned crisis. It starts by outlining the banking regulation in place before the Global Financial Crisis, follows with the description of the crisis itself and the reasons behind it, and, finally, examines in detail the changes in the regulatory framework that were implemented in the EU in order to prevent the same scenario from happening in the future. This thesis presents the most significant regulatory changes that have occurred, such as the European System of Financial Supervision, implementation of Basel III in the EU through the Capital Requirements Directive and the Capital Requirements Regulation, creation of the Banking Union and the Deposit Guarantee Schemes Directive. It further analyses the reasons for the implementation of the aforementioned changes to the regulation, and, ultimately, tries to assess whether the...
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The European Central Bank's position in the European law. Supervisory competences of the European Central Bank within the system of Banking union.
Marečková, Markéta ; Tomášek, Michal (advisor) ; Vondráčková, Aneta (referee)
Supervisory competences of the European Central Bank within the system of Banking union Abstract The thesis theme "Supervisory competences of the European Central Bank" aims the goal of the thesis towards the exact explanation of the ECB's supervisory powers and to definition of the circumstances and the scope of the ECB's competences within the Framework of the Single supervisory mechanism . The thesis also sets a hypothesis to be confirmed that the performance of the supervisory powers has changed and strengthened the position of the ECB among the other EU institutions. The thesis is mapping all the elements of the setting of rules of the Single Supervisory mechanisms and the beginning of the Banking union in practice and follows the progress of the transformation of the supervisory powers up to nowadays view. The whole process is determined also by the CJEU who is co-creating the image of the functioning of the first pillar of the banking union. The thesis is split into several chapters that have a logical sequence. First of them is dedicated to the definition of the core legislature of the banking union and of monitoring the circumstances that has led to the foundation of the banking union. The second one is describing the inner structure of the banking union and also the legal basis of the banking...
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Legal provisions on cybercrime in the European Union
Jonášová, Eliška ; Scheu, Harald Christian (advisor) ; Vondráčková, Aneta (referee) ; Hajdúková, Tatiana (referee)
Legal provisions on cybercrime in the European Union Abstract This thesis deals with a complex phenomenon of cybercrime from the perspective of legal provisions of the European Union. Therefore, the thesis presents the fundamental features of cybercrime and presents the fundamental typology of this crime, which is supplemented by examples of the most common crimes. This general framework describing cybercrime is followed by an analysis of the legal provisions of the international law and Union law. Witihin the framework of the international legal provisions the thesis presents the activities of the universal organizations, in particular the Council of Europe, whose international convention on cybercrime is also subject to the analysis, and of the regional organizations.The legal regulation of cybercrime in the European Union is examined from the point of view of both primary and secondary law, outlining the fundamental orientation of the Union's policies concerning information technology. Following the clarification of the EU legal provisions on cybercirme, the thesis also presents the legal framework of such area within the Canadian law. Canada has been chosen in view of the fact that belongs between signatories to the Council of Europe Convention on Cybercrime and is actively involved in cyber security....
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Legality of the Monetary Policy of the European Central Bank throughout the European Debt Crisis.
Matas, Martin ; Tomášek, Michal (advisor) ; Vondráčková, Aneta (referee)
1 Abstract The thesis analyses and critically appraises within a broad context legal disputes concerning the activity of the ECB during the European debt crisis. The analysis is based on legal norms regulating the European monetary union and the political and economic circumstances of their creation. The thesis consists of seven chapters. The first chapter concerns the history of genesis of the Economic and Monetary Union. The second chapter portrays the institutional status, objectives, tasks and instruments of the ECB. It also depicts the components of ECB independence as its key atribute. The third chapter adds some economic thought and theories connected to monetary unions. The theory of optimum currency areas is introduced as well as the costs and benefits of membership in a monetary union. The fourth chapter contains a brief account of the beginnning of the European debt crisis and the measures taken by Member States and the ECB in response to it, particularly the EFSF and ESM mechanisms of financial stability and non-standard monetary policy measures of the ECB. The fifth, sixth and seventh chapters are dedicated to specific proceedings conducted before the CJEU. These are the Pringle, Gauweiler and Weiss cases in which CJEU confirmed that the actions of Member States and the ECB were in accordance...
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