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Relocating registered office of a business corporation within the European Union
Jirková, Pavla ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
The idea of internal market is one of the basic concepts of the European integration. The internal market of the European Union is a single market in which the free movement of goods, services, capital and persons is ensured. This thesis focuses on the free movements of legal persons in the European Union, namely freedom of establishment and the possibility of cross-border transfer of a company's registered office. This business focused freedom is regulated mainly by primary law in Articles 49 a 54 TFEU and its main objective is to enable the exercise of economic activities even in the territory of other Member States. The aim of this thesis is to investigate the regulation and development of case law regarding freedom of establishment of companies and give their comprehensive analysis. Furthermore, the thesis points out the fact that the choice of company's seat and its change is often associated with advantageous conditions laid down by national legislation. Companies often choose countries which have minimum requirements for their establishment and existence. States are aware of this behavior. Consequently, some of them reduce their legal standards and try to attract companies into their territory. This may cause the battle of jurisdictions. The thesis consists of the initial and final part and...
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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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Domestic violence legislation under European and international law
Krajíčková, Sabina ; Scheu, Harald Christian (advisor) ; Forejtová, Monika (referee) ; Kunertová, Tereza (referee)
Domestic violence legislation under European and international law Abstract This dissertation sets out to analyse domestic violence legislation both from an international legal perspective and, above all, from the perspective of relevant European law. By analysing this legislation, we will then evaluate whether the regulations currently in force are sufficient and actually offer effective tools to protect victims of violence. As the victims of domestic violence are mostly women, the first chapter focuses on the issue of violence against women, with particular focus on the specifics of gender-based violence and its manifestations, in particular sexual violence. In doing so, we will analyse how the affirmative consent principle is applied, as well as examining the matter of sex-based killings (femicide). For this purpose, this dissertation will pick up on the results of a data survey on violence against women in individual Member States, entitled Violence against women: an EU- wide survey, which was carried out in 2012 by the Human Rights Agency. Particular emphasis is placed on the Council of Europe Convention on Preventing and Combating Violence against Women (the Istanbul Convention), including a description of its ratification status and insight into some of its provisions which are proving rather...
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Citizenship of the European Union: Its development, use and perspectives after Brexit
Rampas, Jan ; Kunertová, Tereza (referee)
in English language: The thesis deals with the Institute of Citizenship of the European Union. It follows the first of its origins, the institutional framework and the definition of its content to then focus on the contemporary problems faced by this institution in its application and the use of this specific type of citizenship as one of the possible solutions to the problematic legal status of EU citizens and citizens of the United Kingdom after Brexit. The author puts forward suggestions for addressing the different groups of people whose position changes significantly after Brexit, especially with regard to their place of residence, nationality and whether or not they will still be citizens of a Member State of the European Union after Brexit or not. The author presents possible solutions to the problems that such a state of uncertainty brings with references to case law, current professional literature, and also takes into account the course of Brexit bargaining. He also submits proposals for a new definition of EU citizenship and its possible use to protect the rights of British citizens on the territory of EU Member States after Brexit, but also for Union citizens who are in the same time living, working or studying in Great Britain. Attention is also paid to the specific area of Northern...
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Consumer Protection under EU Law
Marciniková, Eliška ; Kunertová, Tereza (referee)
Consumer Protection under EU Law - Abstract This paper discusses consumer protection legislation on the level of EU law and its development. This paper focuses on identifying areas affected by consumer protection law. It also strives to define the nature and position of the set of consumer protection rules in the system and then to define further trends in the development of consumer protection law in the EU. Finally, it attempts to identify both gaps in consumer protection and any problems that can arise from excessive regulation in favour of consumers. Several initial thought (theses, hypotheses) were the impetus for writing this paper, and the paper aims to confirm or refute them (in addition to fulfilling the primary objectives above). The first is the problem of the non-existence of a universal definition of consumer in European law and the idea that this fact does not cause any major problems in practice. The second initial thesis is the assumption that consumer protection legislation is excessive. The third thesis, which ties on to the second, is that despite the great number of legal norms, consumers do not have a specific procedural standing in legal proceedings, which leads to a factual weakening of their protection. The last thesis rests on the opinion that the future and direction of consumer...
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Regulation EU on consumer protection cooperation - practical aspects of its adaptation and application
Manduľáková, Lenka ; Král, Richard (advisor) ; Kunertová, Tereza (referee)
Regulation EU on cooperation in the field of consumer protection Abstract The thesis is dealing with a legislation based on EU law regulated cross-border cooperation of competent authorities in the field of consumer protection. It is also dealing with its implementation into the national law. The goal of the thesis is thus providing a comprehensive and complex view of the functioning of so-called CPC cooperation. The uncertainties that requirements of the Regulation 2006/2004, by which the CPC cooperation was initialised, brought to the competent authorities when they were providing the CPC cooperation in practice, is gradually revealing in the thesis. This is received through the examination of the content and development of the relevant legislation at the EU level, same as through the analysis of the relevant implementation provided in the Czech Republic legal system. The analysis of the Czech legislation that implemented the Regulation 2006/2004 shows other uncertainties occurring just in the field of national legal system, and therefore it seems the relevant implementation of the regulation was not in accordance with the requirements of consistency and predictability of the relevant legislation. The development of the European legislation related to the cross-border cooperation of the competent...
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Consumer Protection under EU Law
Marciniková, Eliška ; Kunertová, Tereza (referee)
Consumer Protection under EU Law - Abstract This paper discusses consumer protection legislation on the level of EU law and its development. This paper focuses on identifying areas affected by consumer protection law. It also strives to define the nature and position of the set of consumer protection rules in the system and then to define further trends in the development of consumer protection law in the EU. Finally, it attempts to identify both gaps in consumer protection and any problems that can arise from excessive regulation in favour of consumers. Several initial thought (theses, hypotheses) were the impetus for writing this paper, and the paper aims to confirm or refute them (in addition to fulfilling the primary objectives above). The first is the problem of the non-existence of a universal definition of consumer in European law and the idea that this fact does not cause any major problems in practice. The second initial thesis is the assumption that consumer protection legislation is excessive. The third thesis, which ties on to the second, is that despite the great number of legal norms, consumers do not have a specific procedural standing in legal proceedings, which leads to a factual weakening of their protection. The last thesis rests on the opinion that the future and direction of consumer...
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The principle of equal pay for men and women workers for equal work in professional sport
Linhartová, Denisa ; Exner, Jan (advisor) ; Kunertová, Tereza (referee)
The principle of equal pay for men and women workers for equal work in professional sport This thesis is based on the hypothesis that given the available data on the different rewards of professional athletes and the fact that these rewards are not regulated or monitored in any way, it is likely that there is discrimination in pay in the field of professional sport. The aim of this thesis is therefore to assess whether this hypothesis is correct and whether any rules of remuneration in sport are in fact discriminatory in the context of European law. In order to verify the hypothesis, the thesis first deals with the legal regulation of the principle of equal pay and the question of the application of EU law to sports activities. In that context, it also deals with the question of the legal position of professional athletes as workers and service providers and examines whether the principle of equal pay is applicable to the nature of their sport activity as an exercise of work. Based on available studies, the thesis outlines the situation of remuneration across various sports and with the help of selected examples of sports such as football, basketball and tennis, also points out the causes of different rewards and other aspects of the issue, such as the lack of women in leadership positions, the...
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Use of Theories of Harm in The Application of Article 102 TFEU
Jakab, Miroslav ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
Use of Theories of Harm in the Application of Art. 102 TFEU Abstract This master's thesis presents a study of the impact of European Union competition law on the area of abuse of dominance. It maps the usage of the effects-based approach and consumer welfare standard in abuse of dominance cases pursuant to Article 102 of the Treaty on the Functioning of the European Union. This is done by an analysis of the theories of harm advanced in the case law of the European Commission in prohibition decisions from the last twenty years. The thesis begins by a theoretical discussion and outline of the boundaries to the Commission's discretion in this area, as set by Union courts. Then, a short description of the process of competition law modernisation in Europe continues. In the subsequent analytical part, the cases are tested against two criteria. The first criterion is whether the Commission has analysed the actual or likely effects of a dominant undertaking's conduct. The second criterion is whether the Commission tested the pertinent conduct against a consumer welfare standard. In the final chapter, the results of the analysis are discussed. The conclusion of this thesis is that the Commission's case law did shift to a more effects- based approach over time and that the Commission does attempt to take the...
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Data protection in the EU - Biometric data
Jansa, Tomáš ; Kunertová, Tereza (advisor) ; Exner, Jan (referee)
Data protection in the EU - Biometric data The main aim of this thesis is to deal with the data protection in connection with the biometric data. In the first chapter, the author of this work deals with the historical context. The right to privacy even nowadays represents the solid ground of the data protection. Therefore, its de- limitation and subsequent connection with the data privacy is of an upmost importance for a proper understanding of this problematics. The author also deals with the data protection not only in the european context, but also with the disunited legislation in the US, where a legisla- tion in the context of general data protection regulation is absent. The second chapter mainly dealt with stating the general legal principles and their rel- evance to the legal order as well as with the special principles laid down in the regulation, which are mandatory to be upheld. The third chapter dealt with the term of personal data. Moreover, it was also important to define the other terms, which goes hand in hand with the personal data term. Therefore, anonymous data as a personal data, which went through the anonymisation process, as well as the special category of personal data, which represents the fundament of the problematics of the biometric data and lastly also the term of data...
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