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Problem of so-called social dumping in EU law
Marková, Alice ; Svobodová, Magdaléna (advisor) ; Šmejkal, Václav (referee)
Problem of so-called social dumping in EU law Abstract Social dumping in EU law is becoming an increasingly pressing problem. Due to the creation of the EU internal market and the accession of the new Member States, in particular southern and eastern Europe, social dumping is occurring in many forms in the European Union. Is it possible to prevent social dumping, or by what means can it be minimized? This diploma thesis in its first chapter deals with the definition of social dumping in EU law in general, focusing on social dumping in the form of so-called regulatory arbitrage, both theoretically and practically. In the second chapter, the author presents the development of social policy in the context of the EU internal market, since the interaction between the economic and social objectives of European integration is crucial for the existence of social dumping. This chapter is followed by the case law of the Court of Justice of the European Union in Rush Portuguesa, Viking Line, Laval, Rüffert and Commission v. Luxembourg, which concerns a conflict of fundamental freedoms and fundamental social rights. This chapter discusses how the Court of Justice of the European Union decides in the event of a conflict of these rights. Furthermore, that case-law has a considerable impact on the interpretation of the...
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Discharge of debt of a natural person
Marková, Alice ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Discharge of debt of a natural person Abstract Inability to repay debts is a long-term problem in the Czech Republic. This problem is exacerbated by the coronavirus epidemic SARS-CoV-2, as a result of which many people have lost their regular income. Especially for natural persons, an attractive solution to their unfavourable financial situation is the institute of discharge of debt. Its aspects are dealt with in this thesis. Through discharge of debt, the debtor can break free of the spiral of debt and return to active economic life. Recently, discharge of debt has undergone significant changes, which were introduced by the so-called Discharge of Debt Amendment and the so-called Lex Covid I and Lex Covid II. The Discharge of Debt Amendment aimed to make the discharge of debt available to a wider group of debtors. Lex Covid I and Lex Covid II were primarily intended to mitigate the adverse economic effects of measures against COVID-19. However, they also introduced permanent changes in the institute of discharge of debt. All these amendments have significantly simplified the conditions for discharge of debt in favour of debtors. However, they are associated with a number of issues that this thesis deals with from a theoretical and practical point of view. In addition, an amendment to the Insolvency Act,...
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