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Methodological framework for European regulation of (artificial) intelligence and its limits
Vlasta, Martin ; Tomášek, Michal (advisor) ; Svobodová, Magdaléna (referee)
in English language - Methodological framework for European regulation of (artificial) intelligence and its limits This paper first asses three different approaches to the human condition and arrives at the conclusion that it is exceedingly difficult to presicelly qualify the criteria what makes a natural born human, or a legal entity, a Person in legal sense, apart from the fact we have a strong intuition for it, whereas that intuition is lacking for AI systems. The paper proceeds to establish a definition for AI system for the regulator, one that is practical and functional. One of the key aspects that was identified was the ability of decision-making of artificial systems in any form is the driving force behind the need for regulation. Further more the paper briefly analyses series of documents from various stakeholders that propose their own priorities regarding AI regulation. Furthermore priorities and values laid out in Ethics Guidelines for Trustworthy AI by AI HLEG were highlighted as they are most relevant for the future regulation. Key values revolve around human- centric approach to AI regulation. Next, the paper explores a modification of introduced AI topology and covers various issues as well as proposals for solutions. The paper explores the fundamental terminology and definitions in...
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Unlearned Social Change: A Study of Transitory Order
Tomášek, Marcel ; Šubrt, Jiří (advisor) ; Maslowski, Nicolas (referee) ; Rasiński, Lotar (referee) ; Červinková, Hana (referee)
The thesis is a qualitative study of grey zones and grey phenomena on the border of economy and politics in the Czech Republic from 1995 to 2013. The widely ingrained presupposition that the closing dot to the 'transition phase' was the Europeanization process as connected to the procedures associated with becoming an EU member is commonly spread and taken for granted. Given verifying this presumption, the research field has been divided into two distinctive subperiods: the first one investigates patterns of practice as they were associated primarily with the stage of the change, which may be labelled as post-privatization/secondary privatization (1995-2004). The second subperiod in focus (2004-2013) has been the period from entering the EU in 2004 to the shockwave of reconstitution of the Czech political scene in 2013 after the government-parliamentary-clan-clientelist structures collision and the resignation of the Czech government. The empirical sources for the inquiry have been primarily the particular instances of happenings and problematic undertakings in the overlap of politics and economy as they are registered and referred to, for the given period of 1995-2013, in the weekly periodicals - Respekt, Ekonom. The theoretical grounding of the study has been developed from identifying four waves...
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In Search of a Competition Law Model for ASEAN through a Case Study of Singapore, Malaysia and Vietnam: Does the EU Competition Law Model Fit?
Dufková, Barbara ; Tomášek, Michal (advisor) ; Šmejkal, Václav (referee) ; Petr, Michal (referee)
In Search of a Competition Law Model for ASEAN through a Case Study of Singapore, Malaysia and Vietnam: Does the EU Competition Law Model Fit? Abstract The thesis aims to identify a fitting competition law regime for ASEAN countries. It operates upon presumption expressed in the scholarship on legal transplanting and competition law and development that for a transplanted competition law to be successful, it has to be tailored to fit the domestic environments. As the thesis observes that in adoption of their competition regulation, ASEAN member states resorted to legal transplanting of competition models from other jurisdictions, especially that of the EU, tailoring the EU model to fit their domestic conditions seems to be a key to their success. These differences in domestic conditions resulting in different national competition laws will also influence the design of a region-wide competition law regime that is being constructed. To identify those market-related needs and pain-points of ASEAN members states, the thesis classifies them into clusters depending on their level of economic development. Singapore, Malaysia and Vietnam (the examined jurisdictions) were selected as representatives of the economies of ASEAN member states from the most developed to the least developed ones. The thesis first analyses...
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The Urgent and the Non-Repeatable Actions
Tomášek, Marek ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
1 The Urgent and the Non-Repeatable Actions Abstract Urgent and non-repeatable actions are a special group of procedural actions of authorities involved in criminal proceedings. The criminal code provides a precise definition of urgent and non-repeatable actions, but in layman's terms, an urgent action must be carried out before the initiation of criminal prosecution, because otherwise it will lose its evidentiary value, and a non-repeatable action cannot be repeated in court proceedings. There is no exhaustive (enumerative) list that would determine which action is urgent or non-repeatable. The urgency and non-repeatability of an action are therefore always determined in each case according to the factual circumstances and relation to a specific person within the framework of application practice, even though judicial decision-making practice provides guidelines for such an assessment. Pre-trial criminal proceedings can be divided into two parts, the part before the initiation of criminal prosecution and the part after the initiation of criminal prosecution. From point of view of the authorities involved in criminal proceedings, the most essential feature of urgent and non- repeatable actions is that they can be carried out even before the initiation of criminal prosecution and the evidence obtained by...
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Corporate tax harmonisation under the EU law
Nymburský, Ondřej ; Vondráčková, Aneta (advisor) ; Tomášek, Michal (referee)
Corporate Tax Harmonisation under the EU Law Abstract in English language The diploma thesis focuses on the corporate tax harmonisation from the perspective of European law; in particular it analyses selected aspects of common system of taxation applicable to parent and subsidiary companies, common system of taxation applicable to interest and royalty payments and the Anti-Tax Avoidance Directive (ATAD). Its aim is to analyse selected secondary legislation de lege lata in the light of the judicial practice of the Court of Justice of the European Union as well as related issues arising under the primary legislation, including the limits of competences. The thesis consists of the introduction, four chapters and the conclusion. The first chapter deals with theoretical introduction to the taxation terminology and stages of tax cooperation between tax jurisdiction, i.e. coordination, aproximation and harmonisation, together with tax competition. In the second chapter, the reader is acquainted with the harmonisation process of direct taxation and its legal basis under the Treaty on the Functioning of the European Union and primary legislation limits. The third chapter is fundamental as it focuses on comprehensive analysis of selected secondary legislation, while presenting and analysing the case law of the Court...
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"European Public Prosecutor's Office: Comparative Analysis with Particular National Prosecution Systems"
Široký, Filip ; Tomášek, Michal (advisor) ; Gřivna, Tomáš (referee)
The European Public Prosecutor's Office: Comparative Analysis with particular National Prosecution Systems Abstract: The European Public Prosecutor's Office provides not only a major breakthrough in the framework of European Criminal Law, but a revolutionary concept as a first cross-national prosecution system as well, including the non-European jurisdictions. Taking into account how sensitive is the matter of convergence of European Criminal Law for the Member States, as well as their endeavour to preserve sovereignty with regard to criminal policies, it is obvious, that there was not (and still is not) any agreement regarding the form, or even mere existence, of the EPPO. In my opinion, for the purposes of the EPPO's efficiency assessment, as well as alternatives of its particular aspects, it is most suitable to compare it with other existing prosecutions systems in chosen developed countries. Germany, France, USA and Japan were chosen as those countries, pursuant to the criteria of both Anglo-American and continental legal systems representation, the countries' GDP, geopolitical significance, the development of their legal systems in history, and the type of political establishment. In the first part of my thesis, I focus on analysing the aspects of the new office, its historical background and position...
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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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The Fight against Doping in Sport in Interaction with European Union Law: Proportionality of Ineligibility and Anti-Doping Education
Exner, Jan ; Tomášek, Michal (advisor) ; Ondřejek, Pavel (referee) ; Kornbeck, Klaus Jacob (referee) ; Viret, Marjolaine (referee)
Dissertation: The Fight against Doping in Sport in Interaction with European Union Law: Proportionality of Ineligibility and Anti-Doping Education Author: JUDr. Jan Exner This dissertation researches the interaction between the fight against doping in sport and the law of the European Union. It particularly analyses whether the World Anti-Doping Agency and other anti-doping organizations respect the proportionality of ineligibility for doping and related role of anti-doping education. The findings of this dissertation demonstrate that anti-doping organizations have crossed the borders of their conditional autonomy and good governance under European Union law through breach of the proportionality of ineligibility in interaction with anti-doping education. In particular, it concludes that they underestimate the role of education as an anti-doping element, which interacts with proportionality of ineligibility. Anti-doping education raises awareness, informs, communicates, instills values, and develops life skills and decision-making capability to prevent intentional and unintentional doping and its consequences, including a potentially disproportionate ineligibility. As such, it also enables the deterrence effect of anti-doping rules and sanctions. On top of that, the level of anti-doping education is...
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Status of a family of EU citizens as derivative beneficiaries of the right to free movement of persons within the EU
Jirsa, Tomáš ; Tomášek, Michal (advisor) ; Forejtová, Monika (referee) ; Svobodová, Magdaléna (referee)
Status of a family of EU citizens as derivative beneficiaries of the right to free movement of persons within the EU This thesis analyses the legal status of an EU citizen and his family members which are derivative beneficiaries of the right of free movement within the EU. For the purposes of analysis, comparison and understanding of the real benefits of European citizenship, the focus of my thesis is on the family members, whether they may be other EU citizens or third country nationals. The thesis also aims to highlight certain rights and general principles in the case law of the CJEU which have taken shape in the case law of the CJEU on the right of the EU citizens to move and reside freely in other Member States as well as in their home Member state. These include in particular the right to respect for private and family life, the principle of the best interests of the child, the principle of proportionality, the principle of non-discrimination and the doctrine of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen. The first chapter of my thesis serves to introduce the institution of European citizenship, its origins, its development, recalling the key case law that has shaped it, its future development considerations on its reform and...
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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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