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The concept of the rule of law in EU law
Tomčiak, Petr ; Kunertová, Tereza (advisor) ; Říha, Michal (referee)
The concept of the rule of law in EU law Abstract The rule of law is a philosophical concept in law defining the relationship between a man and the government. Different legal doctrines approach it in different ways, but in principle the issue of the rule of law in the European Union has become increasingly important in recent decades. The author discusses jurisprudential and theoretical foundations of the rule of law in Europe, then analyses the applicable EU law with a focus on the legal instruments for protection. Primary law refers to the concept of the rule of law already in Article 2 TEU as one of the values on which the Union is founded. Also, the rule of law is a condition for a candidate country to join the EU. The core part of the thesis addresses the instruments for the protection of the rule of law in EU law. First, Article 7 TEU, so-called 'rule of law procedure' is a mechanism by which a declaration that a Member State is at risk of violating EU values, including the rule of law, or perhaps a decision that a serious breach of values has occurred and a sanction can be adopted. The infringement procedure under Article 258 TFEU is often used to the rule of law protection. The Commission can initiate a procedure against a Member State that fails to comply with its obligations under EU law. In case...
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Protection of Personal Data in Healthcare and New Technologies
Steindler, Daniel ; Exner, Jan (advisor) ; Kunertová, Tereza (referee)
Protection of Personal Data in Healthcare and New Technologies (Abstract) Abstract: Technological developments are advancing incomparably faster than legal developments can keep up with. It can be seen very intensively in healthcare, which affects the most important areas of all of our lives, and in which we also encounter very sensitive and important data. Due to this rapid process of change, there is a lack of the application of human rights in some areas. It is therefore necessary to constantly monitor whether the current legal framework is broad enough to be able to properly cover new technologies as well, thus securing the people who use these technologies. The "theoretically principled" viewpoint that GDPR accepted is showing to be lacking behind when we arrive at the clash between personal data protection legislation and the private sector, which is most often represented by the big technological companies with major share and influence over the personal data processing market. The legislation based on the system of commonly defined principles, values, and concepts, which was and still is efficiently used in most of our present legal system, cannot measure up with the technological advancements connected to the Big Data analytics. The modern technology can deduce any number of exact personal data...
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Scotland as an independent country? The independence referendum and EU membership after Brexit
Lavičková, Kamila ; Kunertová, Tereza (advisor) ; Říha, Michal (referee)
Scotland as an Independent Country? The Independence Referendum and EU Membership after Brexit ABSTRACT This thesis deals with the issue of Scottish independence and prospective membership of Scotland in the EU. Following the United Kingdom withdrawal from the EU, calls for Scottish independence have been substantially intensified, because the majority of Scottish inhabitants had voted against Brexit. The Scottish National Party is currently in support of a second independence referendum, so that Scots could determine whether they would like to apply for the EU membership as an independent country. The UK Government has currently rather negative attitude towards another referendum, partly because referendum regarding the same question took place in 2014 and Scottish politicians proclaimed this had been a rare event, which would not take place more than once in a generation. However, support for Scotland's independence is increasing and an independence referendum could change the face of Scotland as we have known it for three centuries - as integral part of the United Kingdom. This undoubtedly unique situation raises many legal questions in relation to EU law, constitutional law and international public law. In my thesis I dedicate to the question of withdrawal from the EU. I also analyse UK's secession from...
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"The Hypotheticality of a Preliminary Reference to the Court of Justice of the EU as a Viewpoint of its Inadmissibility
Dirriglová, Katharina ; Scheu, Harald Christian (advisor) ; Kunertová, Tereza (referee)
The Hypotheticality of a Preliminary Reference to the Court of Justice of the EU as a Viewpoint of its Inadmissibility Abstract This master thesis analyses the case-law of the Court of Justice of the EU (CJEU) concerning the admissibility of preliminary references. In particular, it focuses on one of the criteria of CJEU's admissibility review - inadmissibility on the grounds of hypotheticality. It argues that there are essentially two types of hypothetical questions: those that arise of contrived (hypothetical) disputes and those that are hypothetical in nature, because they require the CJEU to give an advisory opinion on a matter that is not adjudicated in the main proceedings. The two categories differ in the approach taken by the CJEU. Whereas in cases of hypothetical disputes the CJEU rejects all preliminary questions posed by the referring judge, it will only selectively declare inadmissible a single question or certain questions exceeding its jurisdiction in the latter case. First, this contribution sets out the broader context of the functioning of the preliminary reference procedure, highlighting both the principles of the procedure and the roles of the numerous actors concerned. Subsequently, it follows the emergence of the hypothetical questions doctrine in the seminal C-104/79 Foglia, C-244/80...
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The European Commission's in the process of creating and implementing the European Green Deal
Vaculík, Daniel ; Kunertová, Tereza (advisor) ; Exner, Jan (referee)
The European Commission's role in the process of creating and implementing the European Green Deal This work deals with the issue of the European Green Deal from the perspective of the European Commission. The EGD is an initiative of the European Commission, which aims to meet the international obligations arising from the Paris Agreement. The EGD is a very comprehensive initiative, consisting of many sub-proposals. To provide a complex overview of what role the European Commission plays in the implementation of the EGD, this work is divided into three main chapters. The first chapter focuses on the European Commission, as a supranational EU institution, and deals mainly with the historical development of the EU's institutional framework, emphasizing the way in which the European Commission's powers shaped. For the sake of clarity, this chapter is organized chronologically, with the main sub-sections of the chapter being primarily the primary treaties and individual Commissions, which have played an important role in European integration. At the end there is a part that deals with the development of the right to environmental protection, both at the international and European level. The second chapter begins with analysis of what the structure and powers of the European Commission are after entry...
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European insurance regulation
Bodiš, Michal ; Kunertová, Tereza (advisor) ; Exner, Jan (referee)
The topic of the submitted work is consumer protection in European insurance regulation. In particular, it examines product governance and oversight. The first part is devoted to the definition of the term consumer, as it is the key concept of this thesis. It also includes a definition of consumer protection. The second part of the thesis deals with the historical development of consumer protection in the European Union. In particular, attention is paid to the shift from a virtual absence to the inclusion of consumer protection in the Charter of Fundamental Rights of the European Union. It also examines current consumer protection policy. This part is followed by the development of insurance regulation in European legislation. It shows the gradual trend towards convergence and the creation of a genuine internal market that does not impose unnecessary barriers on its competitors. This section is followed by an analysis of the consequences of the 2008 financial crisis for the insurance sector in terms of institutional arrangements for the supervision of the sector. This section concludes with an analysis of the Solvency II Directive and its impact on consumer protection. The thesis also focuses on consumer protection in insurance distribution. It compares the two most recent directives that have...
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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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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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Market access approach in relation to the internal market
Machovičová, Tereza ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
The market access approach refers to a way of interpretation of the notion of restriction to free movement advanced by the Court of Justice of the European Union. The rationale behind the concept, as it emerged from the landmark judgment in Commission v. Italy (Trailers), is that any measure that hinders access to the market is prima facie considered as a restriction to free movement and is therefore held incompatible with EU law unless the Court finds it justified and proportionate. Applying the market access approach the Court seems to have departed from its previous case law as it does not require a measure to be discriminatory in any way. Instead, a measure is already found to constitute a restriction if it is liable to discourage economic operators from accessing the market of a Member State or making such access less attractive or more difficult. On one hand, this interpretation allows the Court to strengthen integration and contribute to establishing the internal market free from any obstacles. On the other hand, it considerably extends the scope of the notion of restriction to free movement and therefore the scope of EU law in general. Particularly, the market access approach allows the Court to strike down an immense amount of national measures and thus intrude into national regulatory...
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Sporting nationality in the light of European Union law
Exner, Jan ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
Sporting nationality in the light of European Union law Jan Exner Abstract The aim of this master's thesis is to answer the question of how to grasp and categorize the concept of sporting nationality in the EU. Its goal is to consider compliance of the rules set up by international sporting governing bodies determining athletes' eligibility in national teams with the concrete provisions of EU law. The provisions under scrutiny are mostly those laying down the prohibition of discrimination on grounds of nationality in the fields of EU citizenship, internal market freedoms and competition. The master's thesis simultaneously aims at suggesting concrete recommendations to international sporting governing bodies in order to better adapt their rules to EU law requirements. The authors of this master's thesis first claims that rules governing athletes' eligibility in national teams fall within the scope of EU law since they have economic impact and effect. Secondly, it is submitted that these rules limit athletes' rights under EU law and constitute therefore a restriction to respective provisions of the EU legal order. That is why the question whether such a restriction to EU law may be justified is examined. In this respect, the Court of Justice provided sporting world with a useful manual on how to pass EU law...
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