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The Role of the European Parliament in the Rulemaking Process of the EU
Mazura, Lukáš ; Scheu, Harald Christian (advisor) ; Vondráčková, Aneta (referee)
The Role of the European Parliament in the Rulemaking Process of the EU Abstract The topic of the thesis concerns the law-making of the European Union. It intends to present the legal framework of the adoption of the adoption of legislative acts and analyse the influence caused by the practice of informal procedures on de facto the situation in this field. Within the organisation structure, the emphasis is placed on the functioning of the European Parliament and within the informal procedures on so-called trilogue negotiations. Firstly, we examine the nature of informal procedures and trilogue negotiations. Secondly, we analyse what the influence of those procedures on the factual state of affairs of the ordinary legislative procedure in the light of its de lege lata concept and thirdly we evaluate the outcome from the EU functioning principles' point of view. After the de lege lata overview and the specification of the trilogue negotiations and other modalities of the informal procedures, we analyse some typical impacts of the trilogue negotiations on the practice of the adoption of legislative acts. We conclude that the trilogue negotiations constituted the so-called early agreements practice as a standard concept of the ordinary legislative procedure and materially substituted the three readings'...
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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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Loyalty Rebates as an Exclusionary Practice in the European Competition Law.
Šebo, Igor ; Vondráčková, Aneta (advisor) ; Šmejkal, Václav (referee)
1 LOYALTY REBATES AS AN EXCLUSIONARY PRACTISE IN THE EUROPEAN COMPETITION LAW ABSTRACT This master thesis treats loyalty rebates in the light of European competition law when applied by dominant undertakings and analyses its consequences. It describes when such practise might be considered by European Union authorities as an abuse of a dominant position as it has negative impact on the competitors by inducing customer's loyalty to the dominant undertaking. It depicts its position in the European competition law system and compares it to other practises that influence the market in a similar way. Also, it classifies different types of loyalty and other types of rebates and explains how such rebates can force a customer to acquire increasing portions of his demand from the dominant undertaking and how they can damage its competitors. The thesis also offers a critical view on a very strict treatment of this practise by European institutions in the past and it arguments by several positive effects that loyalty and other types of rebates may have. Simultaneously it takes into consideration the newest decision of the Court of Justice of the European Union in the Intel case from September 2017 which will hopefully affect EU institutions' approach to this practise as it broke well-established per se interdiction of...
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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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Competition law aspects of technical standardization, use and protection of intellectual property rights
Pelcman, Lukáš ; Šmejkal, Václav (advisor) ; Vondráčková, Aneta (referee)
Competition law aspects of technical standardization, use and protection of intellectual property rights Abstract The thesis deals with mutual relationship between intellectual property law and competition law in the context of technical standardization - i.e. process which gives rise to a significant number of potential conflicts between the two legal areas. It is analysed, in the context of technical standardization, in what way are subjective rights of intellectual property right owners limited by competition law regulation. It falls within the ambit of this thesis to evaluate whether respective legal framework fulfils necessary requirements on legal certainty and whether it is applied in the same manner to each undertaking, or if there are any discrepancies as to the application of the legal framework dependent on the kind of the undertaking. This thesis particularly concerns with competition law aspects of standardization in information and communication technology sector and selected issues related to use or protection of intellectual property rights in connection to article 101 and 102 TFEU. First chapter explains what the term technical standard entails, introduces de facto and de jure standards, describes the process of their creation and analyses potential effects of this process on the...
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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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Selected Legal Aspects of the Digital Single Market
Stárková, Anna ; Svoboda, Pavel (advisor) ; Vondráčková, Aneta (referee)
The master's thesis "Selected Legal Aspects of the Digital Single Market" delineates the legislative reaction of the European Union ("EU") to technological development for the Jacques Delors' encompassing overhaul of Europe's The master's thesis answers the on by identifying the DSM's theoretical and conceptual framework, DSM. The second part delineates the DSM's foundations arket's regulatory framework is DSM's foundations to assess the state of play of the DSM through the EU's most advanced - strengthening of the status of the free flow of data in the internal market's architecture, which
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Topical issues of the financial independence of the European Central Bank
Novák, Filip ; Tomášek, Michal (advisor) ; Vondráčková, Aneta (referee)
Topical issues of the financial independence of the European Central Bank The thesis aims to introduce the role of the European central bank during the financial crisis, including the legal aspects and risks related to conduct of non-standard measures of monetary policy, and to analyse concerned case law of the European court of Justice. Accordingly, this thesis attempts to point to the shortcomings and uncertainty of the interpretation of the primary law and to summarize the historic development of this legal issue. For this purpose the author draws on the historic context of the conduct of monetary policy of the European central bank and in particular on European court of Justice decisions. The thesis attempts to link the legal aspect with the economic aspect, which the author perceives as an essential attribute for a correct understanding of the whole issue. Key words: monetary policy, ECB, financial independence
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Instruments of banking supervision in European Union
Hanychová, Marie ; Kunertová, Tereza (advisor) ; Vondráčková, Aneta (referee)
European banking supervision has recently undergone major changes, through mere co-ordination of supervisory instruments, to the full integration of supervisory instruments in one centralized institution; European Central Bank (ECB). This master thesis deals with banking supervision instruments in the European Union while emphasises the instruments entrusted to the ECB under the second pillar of the banking union; the Single Supervisory Mechanism (SSM) and aims to analyse and evaluate their role in preventing potential financial crises. The establishment and development of a banking union is closely linked to the monetary union. Therefore, the first chapter deals with the development of monetary integration. The second chapter of this master thesis deals with the institutional arrangements for supervision at the European Union level, with an emphasis on the description of the organization and functioning of the ECB, which is at the forefront of the supervision of the banking sector within SSM. Other institutions, or rather agencies, of the European banking supervision are European Banking Authority (EBA) at the micro-prudential level and European Systemic Risk Board (ESRB) at the macro-prudential level. Conclusion of the second chapter is therefore devoted not only to the description of their...
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Forms of abuse of Dominance in the Area of the Internet Platform
Čížek, Ondřej ; Šmejkal, Václav (advisor) ; Vondráčková, Aneta (referee)
Forms of abuse of dominance in the area of the Internet platforms The thesis is dedicated to the topic of abuse of dominant position in the area of the Internet platforms. Its aim is, firstly, to outline the challenges arising from the specific nature of the area, which might, from the competition-authorities' point of view, complicate the enforcement of competition law in the case of abuse of dominance. Secondly, the thesis tries to find the answer on the question to what extent these problems have been reflected in the existing decision-making practice. The structure of the thesis is divided into four main parts. The first part is an introduction. The second part provides an essential introduction to the area in question. It defines the term "Internet platform", provides an overview of the most important types of the Internet platforms and describes the specifics of the area in question, whose description is essential for the following parts. The third part analyses the problems that competition law may face in the context of possible abuse of dominance within the meaning of Art. 102 TFEU in the area of the Internet platforms. This section is divided according to three basic steps of a competition analysis of abuse of dominance, i.e. definition of the relevant market, the determination of market...
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