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Models of EU financial market supervision
Šťastný, Evžen ; Tichý, Luboš (advisor) ; Kohajda, Michael (referee) ; Musílek, Petr (referee)
Models of EU financial market supervision Author: JUDr. Evžen Šťastný, LL.M. This paper seeks the optimal way of supervision of a single EU financial market. The reason for my research is that, based on the development of financial markets in recent years, the interconnection of markets, modern investment instruments and the strengthening of multinational financial groups allow for quick and easy transfer of capital and risk between countries and financial sectors. This forces us to reconsider the appropriateness of the currently used supervisory model. The paper analyzes models of home state supervisor in connection with supervision on a consolidated basis and supervision of financial conglomerates, the model of a lead supervisor and a single supervisor model with the unified structure and dual structure with the Union and national supervisory authorities. As the evaluation criteria were chosen costs for financial institutions, supervisory effectiveness, consumer confidence and political acceptability. The analysis concludes that the most appropriate model of supervision of a single financial market of the European Union is the model of a single supervisory authority with the unified structure. The work is divided into eight chapters to present reasons why the issue should be examined, analyzed...
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Scope of liability for breach of EU competition rules
Pipková, Petra Joanna ; Tichý, Luboš (advisor) ; Bejček, Josef (referee) ; Král, Richard (referee)
Scope of liability for breach of EU competition rules JUDr. Petra Joanna Pipková, LL.M.eur The purpose of the thesis is finding of an effective instrument of defining the scope of liability for breach of EU competition law and the actual definition of the scope of liability. In particular, the thesis aims to prove that, contrary to the prevailing view, only direct victims of violation of EU competition rules should be compensated. The thesis is divided into four chapters; the first being devoted to the general methodology of the thesis, private and public enforcement of competition law and to the claim for damages under the EU law. The analysis of private and public enforcement of competition law is an important basis for the whole thesis. The question to which extent the damages claim are important for the enforcement of competition law determines the function of damages claims in the area of competition law. The thesis arrives at the belief that private enforcement is not the main tool fir the enforcement of EU competition law. However, it is a very important tool. The following chapter focuses generally on damages claims in the area of competition law (the foundation of the claim for breach of competition law, of the claim for breach for unfair competition law and of the claim for breach of morality)....
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Liberalisation of postal services under the European and Czech law
Svoboda, Štěpán ; Tichý, Luboš (advisor) ; Pomahač, Richard (referee) ; Bejček, Josef (referee)
(en) Stepan Svoboda - Liberalization of postal services under the European and Czech law This disertation is an updated analysis of the current liberalisation processes in the European Union and in the Czech Republic. It consists of 9 parts. In the introductory parts the author describes the role of the application of the article 106 TFEU in conjunction with the article 14. He shows that the application of the article 106 constitutes the primary authorisation for the liberalisation (not only) postal services. Furthermore he analyses the basic requirements for the application of the article 106(1) and its exception as provided for in the article 106(2) TFEU. In the chapter 2 the author is focused on the general scheme of the liberalisation process and its risks arising from the behaviour of the incumbent as well as the new entrants on the postal market. The introductory framework is completed by the economic analysis of the behaviour of the postal monopoly and its (in) efficiencies compared to the structure of the competitive markets. In the main part of the thesis the author is dealing with the analysis of the services of general interest, general economic interest and the universal services in which the basic concept of the gradual liberalisation of the network industries must be seen. By means of...
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Notice and Take Down, on Certain Aspects of Liability of Online Intermediaries
Elbert, Tomáš ; Hendrychová, Michaela (advisor) ; Tichý, Luboš (referee)
5 Abstract The final thesis addresses certain aspects of current topic of online intermediaries' liability for user-generated content ("UGC"). Under Act No. 480/2004 Coll., on certain information society services ("2004 Act on ISS"), which transposes e- Commerce Directive 2000/31/EC, online intermediaries in the Czech Republic benefit from "safe harbours". Essentially, it means that online intermediaries can be held liable for UGC only if they had actual or constructive knowledge of illegality of the content. This rule implicitly creates the so called "Notice and Take Down" procedure ("NTD"). Online intermediary upon receiving a notice, and thereby learning about the illegality of the content, is obliged to expeditiously take down the illegal content in order to preserve his immunity. However, NTD is neither expressly regulated within the ECD nor within the 2004 Act on ISS. Therefore, the purpose of the thesis is to illuminate NTD procedure and provide guidelines for it successful application within the Czech Republic. The thesis should be helpful not only to online intermediaries, but also to aggrieved parties serving notices. For this purpose the thesis looks not only at the ECD and its transpositions in various Member States, but also at American Digital Millennium Copyright Act 1998 that has been the...
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Directive on environmental liability with regard to the prevention and remedying of environmental damage and transposition in the Czech legal system
Jelínková, Petra ; Tichý, Luboš (advisor) ; Svoboda, Pavel (referee)
The subject of my master thesis is the EU directive 2004/35 on environmental responsibility, prevention and damage redress, its implementation into the legal order of the Czech Republic and the potential impact of undue transposition of the directive. The first part of my thesis deals with the harmonization need in this area and with the directive itself. Following a brief introduction of the directive, I'm presenting an overview of its basic institutes and their legal form. I'm also making an effort at identifying possible shortcomings of the directive. The basic institutes of the directive include: key principles, the environmental damage itself, operational activity, responsibility mechanisms, financial safeguards and the administrative procedure to impose a preventive or a remedial provisions. The second part of my thesis deals with the theoretical aspects of appropriate implementation, such as the interpretation of the directive, a timely adoption of the transposition provisions, proper projection of the content of the directive, due form of the transposition provisions, the application of EU norms, the equivalence and effectiveness imperative and the internal Czech rules for the implementation of EU norms that have been laid down by the governmental provision Nr. 1304 (methodological directions). The...
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Consumer protection in the area of tourism
Frnochová, Lucie ; Tichý, Luboš (advisor) ; Dvořák, Jan (referee)
1 Consumer protection in tourism - abstract The purpose of my thesis is to analyse consumer protection in tourism in European Union law and in the Czech law. The reason for my research is the fact that tourism is currently one of the most important components of the economy of Member States and European Union institutions engaged more and more attention to tourist protection. The thesis is composed of four chapters, each of them dealing with different aspects of consumer protection in tourism. Chapter One is introductory and contains a description of the objectives of this thesis. Chapter Two deals with the sources of the law of consumer protection in the European Union and in Czech Republic. The chapter consists of two Subchapter. Subchapter One consist of two parts. Part One briefly describes the history of consumer protection in European Union and it focuses on the sources of primary law of European Union and the importance of consumer protection as one of the fundament policies of European Union. Part Two presents the sources of secondary law of European Union, therefore, directives and regulation governing consumer protection in different sectors. Subchapter Two describes the sources of Czech consumer protection law. Chapter Three is focused on costumer protections. The chapter consists of four...
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Changes in common foreign and security policy in the Lisbon Treaty
Jirsenská, Lucie ; Tichý, Luboš (advisor) ; Svoboda, Pavel (referee)
prfce v anglick6mjazyce Changesin CFSPin the Lisbon Treaty Europe's aspiration to gain position of important player in the international relations goesalong with the origins of the Europeanintegrationprocess.Common foreign and securitypolicy (CFSP)and its predecessor,Europeanpolitical cooperation,arevery important partsof the Europeanintegrationprocess.Lisbon Treaty shouldhavehelped the Union to build more effective and coherentfunctioning in general.That is why I decidedto elaboratea thesison thetheme,,Changesin CFSPin theLisbonTreatf'. The purposeof my thesisis to analyzethe most significantchangesin the CFSpthat wasintroducedby theLisbonTreaty. The thesis is composedof eight main chapters.The first one is introductory and containsthreemain hypothesisthat needto be answered.The secondchapterfocuses on main aspectsof CFSPfrom thehistoricalperspective. Chapterthree and four are dealing with the problem that the aims are not laid down specifically for CSFP,but generallyfor the externalaction, andtry to make systematic enlistmentof CFSParea. Chapterfour showsthat CFSPis still seperatedandhasspecialpositioneventhoughit is not saidsodirectly.We cansaywe havetwo-pillar structure. In chapter five it is written about the fact that the Union is finally grantedwith the legalpersonalityin theLisbonTreaty....
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