|
|
Consumer protection in financial services under European law
Přibyl, Tomáš ; Tomášek, Michal (advisor) ; Zemánek, Jiří (referee)
The Consumer Protection in Financial Services under European Law As a subject of my thesis, I chose the theme of consumer protection in financial services under European law. I have chosen this theme deliberately as I do meet with the issue of consumer protection in the area of finance every day at the working level, because I work in Consumer Protection Department of the Czech National Bank (hereinafter referred as to "ČNB"). The independent consumer protection department has practically launched its activity in the August 2008 as a result of the transfer of necessary powers made under an amendment of Act No. 6/1993 Coll., on the Czech National Bank and Act No. 634/1992 Coll., on Consumer Protection. Under these new powers the ČNB accepts suggestions, complaints and other consumer submissions concerning financial entities which are subject to the ČNB supervision. My aim was to include consumer protection in financial services, in the way it is undertaken in the European Union, to the context of supervision rules, which are performed by our national supervisor. The thesis is divided in seven main chapters. The introduction describes primary objective and structure of the work. In the second part, I essayed to generally describe consumer protection in the EU, to briefly identify and define concept of a...
|
|
|
Procedural aspects of mediation in EC law
Rivera, Eva ; Tomášek, Michal (advisor) ; Pauknerová, Monika (referee) ; Zavadilová, Marta (referee)
Procedural aspects of mediation in EC law Eva Rivera, 2011 1 Abstract The objective of this dissertation is the determination of the significance of procedural aspects of mediation and the answer to the question to what extent it has been considered within European Union law. The research is based on the assumption that the acknowledgment of a procedural relevance of mediation is crucial for its overall effectiveness. Mediation is besides its feature as a communication technique becoming ever more important as a dispute resolution procedure for civil and commercial conflicts in Europe. In this context the role of mediation within and in relation to other procedures for the resolution of disputes has to be considered. While on one hand the terminology and the differences between mediation and other forms of Alternative Dispute Resolution (ADR) as well as certain judicial attempts of settling disputes may not always be easily determined, on the other hand, it can be stated that the ADR form of mediation is beyond its early stages and clearly shows its own procedural relevance. The comparison of European national jurisdictions in the field of mediation leads to a core definition of mediation as a voluntary process where a third person without the authority to pass a binding decision over the dispute between...
|
|
|
Constitution for Europe
Feichtinger, Jiří ; Jirásková, Věra (advisor) ; Tomášek, Michal (referee) ; Klíma, Karel (referee)
of Content and Conclusions of Dissertation Constitution for Europe JUDr. Jiří Feichtinger The central subject-matter of the dissertation is the assessment of the Treaty establishing the Constitution for Europe ("constitutional treaty") and the co called founding treaties, i.e. the Treaty on European Union and the Treaty on the Functioning of the European Union ("founding treaties") from the viewpoint of the constitutional law and the general theory of state. From the same viewpoints I also examine the nature of the European Union itself. When choosing this topic of my dissertation I was inspired by ever growing discussions on the extent of the European integration and its purpose, whether it is at all necessary, and whether the European Union is becoming a state or rather remains an international organization sui generis. I am trying to answer, to what extent the content of the constitutional treaty corresponded to its name and whether this document could at all be called a constitution; the same question is being answered with regards to the founding treaties. I further examine, whether the constitutional and/or the founding treaties lead to the united Europe as perceived not only within the notion of the European integration, but also by the general theory of state, i.e. whether these treaties...
|
|
|
Legal aspects of the accession of Croatia to the European Union
Humplíková, Kateřina ; Tomášek, Michal (advisor) ; Pítrová, Lenka (referee)
Legal aspects of the accession of Croatia to the European Union Abstract The EU enlargement policy is a fundamental instrument of the EU's foreign and security policy that enables Union to achieve its goals such as creating a common area of peace, stability and prosperity. Since the Western Balkans has experienced an armed conflict in the recent past and since these countries are direct neighbors of the European Union, the Balkan region represents an essentially important area in the strategic plans of the EU. The European Union as well as the Western Balkans' countries strives for the full integration into the European structures. In the context of the ongoing post-war reconstruction in the region Croatia's accession into the EU represents a significant historical moment. Croatia has already passed through the whole accession process and can act as a model example for other Balkan countries. In this thesis author mainly aims to map in detail the course of the accession process in general and understand the specifics of the Croatian accession in the context of the European policy towards Western Balkans. Although the EU has set down the accession criteria and procedural rules, accession process of every candidate state is different and depends on the actual situation of the country in question. This thesis...
|
|
|
Protection of Right to Fair Trial in Relation to Preliminary Ruling Proceedings
Němečková, Petra ; Tomášek, Michal (advisor) ; Král, Richard (referee) ; Smolek, Martin (referee)
v anglickém jazyce - English abstract Protection of Right to Fair Trial in Relation to Preliminary Ruling Proceedings Right to fair trial is one of fundamental human rights, which enables individuals to effectively invoke their rights and freedoms before a lawful, impartial and independent court. In Europe, the protection of this right is guaranteed at a multi-layer level, whose layers interact: first layer is formed by constitutional orders of individual States, second layer by institutions of European Union, in particular the Court of Justice of the European Union, and a third one, that of the European Court for Human Rights. In the European Union, the Treaties have introduced the mechanism of preliminary ruling with the aim of preserving unity within the Union and of ensuring coherent interpretation and application of European law by the courts of the Member States. Preliminary ruling proceedings ensure effective cooperation between national courts and the Court of Justice of the European Union. Art. 267 TFEU provides for an obligation to request a preliminary ruling for national courts of last instance (if none of the CILFIT case law conditions is met). Breach of this obligation may entail violation of right to fair trial at all three layers of human rights protection in Europe. Each European...
|
|
|
Historical development of the concept of free movement of persons in European law
Vejsadová, Ivana ; Tomášek, Michal (advisor) ; Král, Richard (referee)
The historical evolution of the concept of free movement of persons within the European law Abstract The thesis focused on what for us, citizens of the European Union means the free movement of persons and how the content of this concept has changed and is still changing, depending on the key documents adopted by the European Union and the decisions of the Court of Justice of the European Union. In the first chapter you can find the historical overview of the most important treaties and legislative acts of the European Union, which affected the evolution of the free movement. In subsequent chapters the focus is on case law of the Court, the case studies, where we see a shift in the understanding of freedom of movement of persons as a fundamental freedom .Originally the term was used only in connection with economically active persons, i.e. workers, self-employed persons and legal entities that have benefited from freedom of establishment in Member States of the European Union. Later, thanks to the European Union citizenship, the freedom of movement was extended to all EU citizens, including the non-working such as students, retirees or family members of citizens of the member states. Also the family members coming from the third countries were provided with the rights concerning free movement. The purpose...
|
|
|
The impact of Directive 2004/38 upon the free movement of nationals of the European Union with regard to relevant case-law of the European Court of Justice
Sokolová, Ivana ; Tomášek, Michal (advisor) ; Král, Richard (referee)
The impact of Directive 2004/38 upon the free movement of nationals of the European Union with regard to relevant case-law of the European Court of Justice This diploma thesis deals with impact of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States on the freedom of movement. The first chapter of thesis aims to cover main points of development of the right to free movement. From the right of workers as an economic factor to the general right of every citizen of Europe. As far as the introducing of the European Union Citizenship was very important point for the development of right to free movement, this chapter also concerns evaluation of this phenomenon. Further this chapter contains analysis of the most important cases rendered by the Court of Justice of the European Union which affected the right of free movement mainly since European Union Citizenship has been established. The second chapter is the core of this thesis. It comprises analysis of the text of Directive 2004/38. It is giving a complete elaboration on the subject of Directive, beneficients of rights, conditions and rights. As far as the Directive 2004/38 is repealing number of...
|
|
|
Reasoning in the judgements of European courts
Vilímková, Veronika ; Tomášek, Michal (advisor) ; Kühn, Zdeněk (referee)
This thesis concerns the topic of legal reasoning in the judgements of European courts. The first part of the paper presents the analysis of the theoretical aspects of legal reasoning, specifically the legal obligation for this practice, as well as an examination of the origins and arguments for the existence of this obligation. Furthermore, the way that the legal reasonings are embedded in the law of the Czech Republic, and in EU legislation, is discussed and examined in detail. The final part of the paper consists of a comparison of legal reasonings of the Czech courts and the European Court of Justice. The relevant aspects of the legal reasoning are explained with regard to the practice of two European courts: European Court of Justice and Supreme Administrative Court of the Czech Republic, respectively.
|
|
| |
|
|
A new role of the European Central Bank in financial supervision
Hartmann, Ivo ; Tomášek, Michal (advisor) ; Šmejkal, Václav (referee)
This Thesis shall analyze the development, resp. the actual changes made in the structure of the European financial supervision system. The analysis is done with a view to the deepening economic integration of the Member States of the European Union, whereby in the Thesis the European supranational financial supervision is perceived as a necessary result of the supranational economic cooperation. However, it is also to be borne in mind that the structure of the European financial supervision is or - at least so far - it has been very imperfect, because the Member States of the European Union were willing neither to institutionalize the cooperation in the sphere of the supranational financial supervision nor to hand over any supervision competences to the supranational level. The Thesis takes into account, in particular, the impacts of the world financial crisis and its influence on the European financial supervision structure. However, with a view to the fact that the Thesis analyzes the long-term development of the European financial supervision as well as incentives, obstructions and goals of the particular former reform steps undertaken in this field, in addition to the impacts of the world financial crises the Thesis also analyzes other decisive factors. As for other factors that - from our...
|
guest ::
RSS feed.