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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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European Citizens' Initiative
Janošová, Kristýna ; Kunertová, Tereza (advisor) ; Pítrová, Lenka (referee)
European Citizens' Initiative The main core of the thesis is the problematics of the European Citizens' Initiative, a tool relatively new that was put in place by the Lisbon Treaty and allows one million citizens from at least seven EU Member States to ask the European Commission to propose legislation in areas that fall within its competence. This thesis provides a detailed description of this instrument of participatory democracy, its historical foundations, its development and also the recent proposal for a regulation on the European citizens' initiative that aims to fill the gaps discovered during the period of its existence. It describes the formal and procedural requirements required for the successful submission of the initiative to the European Commission, particularly for registration, and thus the official launch of the initiative. It focuses on the forms of statements of support and the complication that it brought. The thesis also introduces some of the initiatives that have been organised since 2012, both successful and unsuccessful, including those that the Commission has refused to register. There is also an evaluation of the initiatives, the experiences and challenges that the organizers have met and especially the impact of the successful ones. The thesis points out particular...
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European Public Prosecutor's Office
Brabcová, Anna ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
- European Public Prosecutor's Office In my rigorous thesis I deal with the issue of the European Public Prosecutor's Office. This project is unique in the field of European criminal law, it is very problematic but to certain extant necessary, when the current course of the EU is taken into account. Efforts to establish the European Public Prosecutor's Office have been observed since the first half of the 1990s. It was necessary to subordinate and adapt not only the political will to the establishment of the European Public Prosecutor's Office but also the broad legislative environment and the relevant legal basis. Similarly, the path to adopt a legislative proposal was difficult. Although the European Commission presented a comprehensive legislative package regarding the protection of financial interests in 2013, demanding character of the project of the European Public Prosecutor's Office is confirmed by 4-years lasting negotiations. Finally, twenty member states of the European Union adopted the Council Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office in October 2017. The main goal of my rigorous thesis is to provide with a comprehensive analysis of the project of the European Public Prosecutor's Office from a historical...
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Rules Governing Athletes' Eligibility in National Teams in the Context of European Union Law
Exner, Jan ; Kunertová, Tereza (advisor) ; Šmejkal, Václav (referee)
Rules Governing Athletes' Eligibility in National Teams in the Context of European Union Law J. D. Thesis Resumé - Abstract: This J. D. thesis's central research question asks where the balance between international sporting governing bodies' interests and values enshrined in rules regarding sporting nationality on one hand, and athletes' rights under EU law on the other hand, lies. This J. D. thesis's conclusions stem from the hypothesis that certain rules governing athletes' eligibility in national teams constitute a disproportionate restriction on the rights that athletes derive from EU law as EU citizens, workers, providers of services, self-employed persons and/or undertakings. I submit that international sporting governing bodies and EU law can co-exist under a promising alliance, which is very desirable since the decisions of EU bodies and institutions clearly influence the global sporting scene. I show that EU bodies and institutions take into account the specific nature of sport, respect sports organisations' legal autonomy and limit themselves in interfering with sporting rules only as long as they breach athletes' rights under EU law. Moreover, EU bodies and institutions' decisions contain a valuable set of principles and instructions for international sporting governing bodies on how to better...
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Benefit tourism as a problematic aspect in the EU
Pozorová, Danica ; Kunertová, Tereza (advisor) ; Král, Richard (referee)
Benefit tourism as a problematic aspect in the EU Benefit tourism is a topic which has gotten quite a lot of media attention lately, has influenced the lives of mobile EU citizens as well as the EU itself in connection with the brexit. The aim of this thesis is to provide the reader with a comprehensive portrait of the topic, and to explore how is this phenomenon reflected in the case-law of the Court of Justice of the EU. In addition to dealing with the political context and the notion of benefit tourism, this thesis explores the free movement of persons based on both, the economic and the non-economic basis. The focus of the thesis lays on the case-law of CJEU relative to the access of economically inactive EU citizens to the social assistance systems of the host Member States, particularly the judicial chain Brey - Dano - Alimanovic - García-Nieto. These judgments are revolutionary in a way, because for the first time, the Court took into account also the "public finances" argument which has been raised by the Member States for years and the CJEU has always been adamant on rejecting it in favour of wider interpretation of social rights. The CJEU abandoned its previous stands on the financial solidarity, equal treatment and the extension of EU citizens' rights of socially inactive EU citizens and...
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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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Collective actions in private enforcement of competition law
Jahn, Martin ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
in English This master's thesis is concerned with collective redress mechanisms in the area of competition law of the European Union. Taking into account the ongoing modernization of private enforcement of competition law, the European Commission had decided to create a complementary system of collective and representative actions. Implementation of such instruments was recommended by the European Commission in Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union Law. The main research question of this thesis is whether the European Commission has taken a wise approach towards collective redress mechanisms by creating the complementary system of collective redress, using the opt-in mechanism. This master's thesis is divided into 5 main chapters. In the first chapter, the readers are introduced to the topic of enforcement of competition law in the European Union. Further, the main research question is laid down, followed by the sources and methodology used in this thesis. The second chapter shortly describes each way of enforcement of competition law in the European Union. It aims mainly at describing private enforcement of competition law, as it forms the...
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Posting of workers in the European Union
Jankovcová, Kristýna ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
The aim of this thesis is to present the phenomenon of posting workers within the EU in the context of the freedom to provide services. The author introduces the de lege lata legal framework in a complex and chronological manner, taking into consideration the motives and political pressure behind key modifications. Accordingly, the thesis examines relevant Treaty provisions, case law and its evolution, key secondary acts, as well as the relation of such sources to legal acts which address posting workers in an indirect manner. The author focuses on the analysis of existing key provisions, their practical impact and insufficiencies. However, she also approaches the topic from the de lege ferenda perspective by presenting the ongoing revision of the current legal framework and by considering other potential changes which could improve the regulation of posted workers in the future. Furthermore, the thesis demonstrates the complexity of posting workers by drawing attention to the colliding interests of involved member states and parties, showing the sensitivity of the subject. This underlines the fact that the phenomenon cannot be separated from its political context and is condemned to a constant balancing of two colliding interests - the freedom to provide services and social protection of posted...
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Separatist tendencies in individual EU Member States and the potential impact on the free movement of persons in the EU
Hřivna, Vít ; Kunertová, Tereza (advisor) ; Pítrová, Lenka (referee)
Separatist tendencies in individual EU Member States and the potential impact on the free movement of persons in the EU This thesis deals with the separatist tendencies within the Member States of the European Union. It is therefore a case when a certain region within a Member State decides to secede from it. This needs to be distinguished from a situation when a whole Member State decides to withdraw from the Union. The aim of this thesis is to analyze the various possible scenarios in the case where there is a separation of that region from the Member State. It deals with it in the context of the regions potential continuity within the Union and furthermore it examines the differences between the two most important cases of possible internal secession in the EU of today: Catalonia and Scotland. The thesis evaluates the most probable scenarios in both cases and the consequent impact of such subjective secession of the regions on citizens and their rights in the EU context, in particular the free movement of persons. The first chapter deals with the definition of separatism and general characteristics of the practical behavior of the regions and the state they secede from in the context of the EU. It looks especially at the relationship between the originar country and the separatist region and...
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