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Consumer Protection under EU Law
Piklová, Eliška ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee) ; Forejtová, Monika (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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Selected issues in technological realization of European data protection
Kubica, Jan ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
This thesis focuses on the legal regulation of selected aspects of the personal data protection at the European level. Fuelled by the technological progress, this area of legal regulation is becoming increasingly important, as the usage of personal data can be source of both innovation and economic progress, but it also has the potential to negatively impact individuals` rights ("chilling effect"). The thesis analyses the usage of big data and automated individual decision making; both phenomena are assessed through principles contained in GDPR. The aim of the thesis is to, as far as these two phenomena are concerned, evaluate functionality and perspectives of the European regulation. The thesis is, apart from the introduction and the conclusion, divided into three chapters. The first part briefly introduces the concept of the right to the protection of personal data and the fundamental legal framework of the European regulation. This chapter is followed by a chapter focused on the big data, in which, after a necessary technical introduction is made, current practices of data controllers are contrasted with corresponding principles of data protection regulation. Particular attention is also paid to the pitfalls of anonymization. At the end of this chapter, it is concluded that all relevant...
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The consent to the processing of personal data in the light of the General data protection regulation
Havlíčková, Klára ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
The work presented considers the data protection law formerly degulated via Directive 95/46/EC and presently regulated by GDPR (General Data Protection Regulation). GDPR was introduced as a response to the development of new technologies, such as growth of social networks and cloud storages, which did not exist when Directive 95/46/EC was enacted. Furthermore, GDPR is a reaction to the variery of data protection acts across the EU member states. Its aim is to consitently guarantee a high level of personal data protection across entire EU. The introductory part of the thesis is devoted to the terminology, history of personal data protection and shortcomings of the repealed directive. In particular, the territorial scope is identified as problematic. In adition, author i this part made an analyse of selected rulings of CJEU, which indicated the need for a new legal regulation, are discussed. The second part of the thesis considers the design of GDPR. Here, the question of necessity for such regulation is addressed. Furthermore, the author discusses the circumstances under which the IP address and cookies can be considered personal data which are protected by GDPR. The central theme of the thesis is the consent to the processing of personal data. GDPR does not modify the fundamental parameters of the consent...
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European citizens' initiative in the context of reducing democratic deficit in EU
Doležal, Florián ; Král, Richard (advisor) ; Svobodová, Magdaléna (referee)
EUROPEAN CITIZENS' INITIATIVE IN THE CONTEXT OF REDUCING DEMOCRATIC DEFICIT IN EU This thesis primarily involves a study of the European Citizens' Initiative (ECI), its functioning and contribution to democracy in the EU. The ECI is the first tool to facilitate transnational participatory democracy in the world. It allows EU citizens to invite the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties. For a better understanding of the democratic contribution of the ECI, the work first analyses the state of democracy in the EU, confirming the existence of a democratic deficit in the EU. It subsequently addresses its history and causes. Based on information obtained concerning democracy in the EU and its development, the work then proceeds to undertake a legal analysis of Regulation No. 211/2011 on the citizens' initiative, taking into account the history of its origins. It identifies the potential democratic contribution of the ECI for democracy in the EU. This specifically entails the activation of civil society by awakening political debate at Union level and bringing the EU closer to its citizens by involving them more closely in...
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The legal status of the embryo from the perspective of European human rights protection
Havlíková, Barbora ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
Title The legal status of the embryo from the perspective of European human rights protection Abstract The thesis addresses the question regarding the legal status of the human embryo in European law. The aim of the thesis is to evaluate whether the embryo stands in the position of a legal object or legal subject and whether the legal status of embryo is in compliance with natural law. For this purpose the thesis firstly defines the status in the field of natural law, i.e. the moral status of embryo. Afterwards, the thesis examines the legal position of embryo in human rights protection. The thesis answers the question whether the embryo is subject of human rights documents. The legal status of embryo is analyzed in relation to the subjectivity of human rights in general as well as in relation to specific rights. The interpretation of legal terms "human being" and "everyone" contribute to a better understanding of legal status of embryo in general. The analysis of the specific rights, namely the right to life, human dignity, personal integrity and non-discrimination, shows the complexity of the potential legal subjectivity of embryo in the area of human rights. The evaluation of the legal status of human embryo in the area of human rights protection is complemented by an assessment of legal status in other...
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European legal regulation of the remuneration of women and men
Brabcová, Markéta ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
European legal regulation of the remuneration of women and men Abstract This thesis focuses on the legal regulation of the principle of equal pay in European law. Despite the fact that the priciples of equality of men and women are anchored in the international, regional and national laws, the actual fulfulment of the principle of equal pay in the European countries is not satisfactory. This thesis is trying to provide a systematic overview of the relevant legal regulation of the principle of equal pay on the international and European level. Within the respective legal systems, this thesis focuses on the particularity of the regulation, on the existence of controll and enforcing mechanism and on the actual aplication of the principle of equal pay through these mechanisms. The thesis is divided into four chapters. The first chapter defines the concepts essential for this thesis. In particular, it contains definitions of concepts of equality and discrimination. Furthermore, the concepts of sex, gender and diferences in remuneration are defined. The second chapter focuses on the legal regulation of equal pay as adopted by the UN. It analyses the Convention on the Elimination of all Forms of Discrimination against Women and the relevant treaties of the International labour organisation, including the overview...
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Vertical restraints on competition in the sector of e-commerce
Krumlová, Dita ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
This thesis deals with the selected vertical restraints on competition that occur in the sector of e-commerce, namely resale price maintenance, dual pricing and most-favoured-nation clauses. The thesis raises the research question what stance the European Commission, the Court of Justice of the European Union, and particularly national competition authorities and courts of the Federal Republic of Germany, the French Republic, the United Kingdom of Great Britain and Northern Ireland, the Italian Republic, the Kingdom of the Netherlands and the Kingdom of Sweden take to the above-mentioned practices. The decisions of the authorities are considered in terms of their degree of strictness towards the vertical restraints in question. From a systematic point of view, the thesis is divided into eight chapters. Its subject, basic questions, aims and methods used are outlined in the introductory chapter. The second chapter, which deals with the concept of e-commerce, mainly provides the definition of the scope of the sector under consideration from a material point of view. The third chapter analyses the results of the European Commission's inquiry into the e-commerce sector, especially its conclusions on the functioning of the sector, its features and trends in this sector, particularly with regard to their...
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The role of the Advocates General in the Judicial System of the European Union
Vitáčková, Veronika ; Svobodová, Magdaléna (advisor) ; Pítrová, Lenka (referee)
The role of the Advocates General in the Judicial System of the European Union This thesis deals with the important procedural adaptation of the specific institute of the jurisdiction of the EU. An Advocate-General is a member of the Court of Justice whose role is to provide, in accordance with Article 252 TFEU, the submission of public, wholly impartial, independent and reasoned opinions in cases which, under the Statute of the Court of Justice of the European Union, require his participation. Although a similar function is not anchored in many jurisdictions of the Member States of the European Union, it has found its application within the framework of the functioning of the Court of Justice of the European Union. This thesis provides a thorough analysis of the position and role of the Advocate General, the sources of inspiration for and the development of this institute within the framework of the Union's judiciary system, in order to point out the importance of the role of his work. The thesis is divided into four parts which consist of sub-chapters. The first part is devoted to the French legislation of the institute of the Public Rapporteur, as a source of inspiration for the Union's Advocate General. The legal regulation of the Public Rapporteur is described within the context of the entire...
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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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Selected issues of the current legal regulation of protection of personal data in the European Union.
Švec, Martin ; Svobodová, Magdaléna (advisor) ; Scheu, Harald Christian (referee)
The thesis "Selected issues of the current legal regulation of protection of personal data in the European Union" is focused on describing the development of personal data in the European Union and on current changes in this field of European law. The first chapter is focused on the historical development of the personal data protection on the European continent with the specific aim of looking at the development in the European Union. This chapter describes the progressive development of the right to the protection of personal data which was formed within the right to privacy because of technological developments. The first chapter also talks about personal data protection in primary and secondary legislation which became the foundation for the further development. The second chapter is devoted to the comparison of the former EU regulation of the personal data protection in the directive 95/46/ES with the new regulation in GDPR. The most important changes were chosen for the comparison together with the ones which were often discussed prior to GDPR coming into effect. The interim goal of this chapter is to explain to the reader the extent of changes which GDPR brings to the field of personal data protection. The third chapter is focused on the institute of the data protection officer which is a...
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