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Legal and Economic Aspects of the Entry of the Czech Republic into the Euro Area
Žáček, Ondřej ; Kohajda, Michael (advisor) ; Karfíková, Marie (referee) ; Papoušková, Zdenka (referee)
Legal and Economic Aspects of the Entry of the Czech Republic into the Euro Area Abstract The thesis answers a number of questions related to the entry of the Czech Republic into the euro area. The basic premise is that joining the euro area does not consist only in changing of the national currency, but it must be perceived more comprehensively as a transition to the third stage of the Economic and Monetary Union which has been undergoing dynamic development at the institutional level. The main conclusions of the thesis are as follows. The traditional Maastricht convergence criteria, as they are explicitly formulated in primary law, cannot be regarded as the sole conditions for entry into the euro area. Non-legal aspects are also relevant when the fulfilment of these criteria is assessed by the European Commission and the European Central Bank. In addition, several new institutions such as the Banking Union or the European Stability Mechanism have been established in the euro area, but are not taken into account by the Maastricht convergence criteria. This also confirms that entry into the euro area cannot be reduced to a mere change of the national currency. Another important conclusion is that entering the ERM II exchange rate mechanism, which is necessary to meet one of the convergence criteria, is not...
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Financial and administrative aspects of the support and taxation of solar energy
Jančová, Kateřina ; Boháč, Radim (advisor) ; Kohajda, Michael (referee)
This thesis examines with subsidies and taxes related to renewable energy generation, solar energy generation in particular. I have chosen this topic for its relevance to current situation and ongoing attention it enjoys from the media. The work comprises of five sections. In the first section, I focus on original renewable energy legislation that was in effect till year 2012. Here I discuss both Czech and European legislation with emphasis on the Czech system of subsidies based on the the Act No. 180/2005 Col. In the second part, I deal with solar generation boom during 2009 a 2010. I describe both causes of the solar boom and legislation adopted to lessen its negative effects. Specifically, I discuss the levy on solar generation, which has caused widespread debate and protests from the owners of the solar generation installations. Moreover, I discuss the reversals of the income tax examptions related to renewable electricity generation. The third part deals with finding of the Constitutional Court of the Czech Republic that reflects constitutional complaint of certain group of senators. This complaint postulated that aforementioned levy and reversal of the income tax exemption are unconstitutional, for they, according to those submitting the complaint, had retroactive effect and thus violated...
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Reform of the Prospectus Regime
Illmann, Erik ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
in English This diploma thesis explores the ongoing reform of the prospectus regime in the European Union. On 30 November 2015, the European Commission presented a proposal for a new regulation, which is to replace the current so-called Prospectus Directive. The primary aim of this thesis is determine the shortcomings of the current prospectus regime and to critically analyze the proposal in order to determine, whether it addresses these shortcomings and whether it improves the prospectus regime in general. The thesis consists of three main parts: the first introduces the prospectus, its characteristics and current regulation in the EU; the second explores and analyses the proposal itself and makes conclusions on the proposed changes; the third and final part explores the topic of prospectus liability and conflict-of-law rules. Based on the conducted research I arrive at the conclusion that the biggest issues of the current prospectus regime are the high costs connect to the preparation of a prospectus, inflexible disclosure requirements for certain types of issuers, ineffective retail investor protection and diverging implementation of the Prospectus Directive across EU member states. While the European Commission's proposal addresses most of these shortcomings and certainly represents an...
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Legal aspects of currency and money circulation
Hájek, Roman ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
"Legal aspects of currency and money circulation" represent a very original and specific area of monetary law. They are closely related to the economic and social issues, as the money as a phenomenon affects long-term visions as well as everyday life. The objective of my diploma thesis was a view on the current legislation of Czech currency and money circulation in the context of monetary theory and monetary law. Where required, there is a historical development of Czech legal currency and, in brief, issues related to the adoption of the common currency euro in the Czech Republic. This diploma thesis is divided into two parts each of them is subdivided into chapters and subchapters. The first part focused on selected legal aspects of the currency gives, at first, a brief overview of the relationship between the currency and the money. There are analyzed the parts of monetary sovereignty, including the relation between the monetary sovereignty and the monetary union. The comprehensive part is focused on the legal regulation of a legal currency, the historical development (including processes associated with the division of the common currency of the Czech Republic and the Slovak Republic) and the current status of the legal currency in the Czech Republic. With the similar structure, the second part...
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Distribution of financial instruments
Hobza, Martin ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
in English language Distribution of financial instruments This thesis deals with the issue of distribution of financial instruments and its legal regulation. The aim of the thesis is to theoretically define, within the financial law systematically classify and analyze the issue of legal framework for the distribution of financial instruments. The secondary objective is to highlight the partial incoherence of legislation regulating the various forms of distribution and propose possible solutions. The first two chapters of this thesis are devoted to general theoretical issues related to the present topic, among others to the concepts of distribution in the financial market and financial instrument. The third chapter deals with investors as addressees of distribution and with the various categories of distributors and analyzes the extent of their qualification in the area of distribution of financial instruments. The chapter four analyzes the different legal forms of distribution of financial instruments with a focus on marketing of investment funds. Within particular chapters, author's views on the issue are given, including proposals de lege ferenda. Finally, the draft of legislative amendments in the area of distribution of financial instruments, representing participation in the investment fund is...
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State supervision of financial activities
Vondráčková, Pavlína ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee) ; Radvan, Michal (referee)
State supervision of financial activities The topic of this dissertation thesis is the state supervision of financial activities. The topic is really wide, so the author can take into account all of the financial relationships related to this area. This thesis focused on theoretical issues, on the legal relationships in this area, and specifically on the selected areas, in which was a drafted question later on in detail analyzed. In the theoretical area are considered terms such as regulation, supervision and control. The aim was to define these concepts theoretically, to chart their frequency and semantic nature in the area of financial activities. The aim of this thesis was also to investigate, whether it is possible to set out the terms that are used both in everyday and in professional life in an identical meaning, and define specifically for the area of financial law. It has been found that it is very difficult, if not impossible task, as any definition cannot cover the diversity, frequency and a steady increase in the financial legal relations. Higher attention is paid to external control exercised by the Supreme Audit Office. This issue is consider to be very important, but it is underappreciated and very sporadically also published, which is inconvenient and inadequate to the importance of...
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Legal regulation of consumer credit in selected jurisdictions
Teplý, Jan ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Legal regulation of consumer credit in selected jurisdictions - abstract This master thesis is a comparative study of consumer credit regulation. Consumer credit regulation is compared in three different countries: the Czech Republic, Russia and the United Kingdom of Great Britain and Northern Ireland. The distinctions between the Czech regulation on one hand, and Russian and British regulations on the other hand are analyzed and evaluated in terms of their reasonability. The conclusion summarizes the recommendations for optimization of the future consumer credit regulation. Keywords Consumer credit, annual percentage rate of charge, interest, consumer credit advertising, Russia, United Kingdom
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Exemption of Supply of Selected Immovable Property from Value Added Tax
Sejkora, Tomáš ; Kohajda, Michael (advisor) ; Boháč, Radim (referee)
- 133 - Abstract The thesis is focused on the legal regulation on the exemption of the supply of selected immovable property from VAT without deductibility of the VAT paid at the preceding stage. The main aim of the thesis is to analyze the so called best practice in the field of VAT. This aim shall be reached by the analysis of the relevant Czech and European Union legislation governing the VAT. The thesis was created with the use of analysis, synthesis, comparative tax law and description as the methods of scientific work. The definition of the purpose of the supply of a building or of a land on which a building stands pursuant to the directive on VAT could be found as the first result of the research. The VAT legislation of the EU Member States shall be interpreted with the use of this definition and the systematic interpretative method. The second result of this thesis is the interpretation of the Czech legal terms in accordance to the EU. legislation. It is necessary to admit that the Czech legal terms in the Act on VAT originate from the Czech private law legislation but their particular meaning in the Act on VAT differs. The third result of this thesis is an assessment whether the relevant provisions of the Czech Act on VAT are in concordance with the EU legislation. The author concluded that such...
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Information duty arising from providing investment services
Soural, Aleš ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Duty to inform the customer arising from providing investment services is one of the most important institutes of consumer protection in the capital market, especially in light of the recent financial crisis. The aim of this thesis is to comprehensively explain and summarize the issue of disclosure duties of securities trader to the customer. Questions that I ask in this context are: 1) whether the current legislation under the Directive on markets in financial instruments (MiFID I), respectively. Act no. 256/2004 Coll. Capital Market Undertakings Act (Capital Market Undertakings Act) is sufficient; and b) what changes will bring a new directive on markets in financial instruments (MiFID II), respectively amendment to Act no. 256/2004 Coll. Capital Market Undertakings Act (amendment Capital Market Undertakings Act )and whether it is a benefit for the capital market or not. In the introduction I introduce the situation on the capital market in Europe, respectively in the Czech Republic, history and present the information duty when providing investment services and content description of each charter. The first chapter is theoretical and I define in it term of general legal term: information duty, providing investment services, bearer of information duty, and the person entitled to the information....
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Legal regulation of the activities of banks
Robotková, Pavlína ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The subject matter of this thesis is to approach prudential requirements for banking activities in the Czech Republic. Taking into account the importance of the banking sector in the economy of each country, this area is widely regulated by directly applicable European legislation, for example by new regulation (EU) No. 757/2013 of the European parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms. National regulation is contained mainly in Act No. 21/1992 Coll., on Banks, as amended. Particular chapters of this thesis focus first on general introduction to banking, i.e. a description of the banking systems and institutions operating in them. One part is devoted to the Czech National Bank as the institution of the financial market supervision. The main part describes specific rules of banking activities, beginning with requirements for obtaining a banking license. Finally are mentioned financial safety net and the issue of the doctrine too- big-to-fail. Diploma thesis tries to connect the theory and the legislation with the practical functioning of supervision. For this purpose are used statistical data, certain decisions of the Czech National Bank and information from the Report on the performance of financial market supervision, the...
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