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Class actions
Stiborová, Kateřina ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Class actions Abstract This thesis deals with the regulation of collective proceedings in the Czech Republic, first focusing on the current forms of collective proceedings and then moving on to the draft of the Act on Collective Civil Judicial Proceedings. The aim of the thesis is to contribute to the professional debate on the emerging form of collective proceedings with a mostly practical view of setting specific parameters of the law, to point out some shortcomings of the current proposed bill and to offer its own solutions. From the methodological point of view, the analytical, normative, comparative and synthetic approaches were used. However, a descriptive approach is also evident in the beginnig of the thesis. The analysis was mainly used in the examination of the current draft of the Act on Collective Civil Judicial Proceedings and the Polish legislation. The normative approach is most evident in the critical commentary on the current proposed bill. The thesis offers a comparative examination when comparing the proposed Czech and Polish legislation. The synthesis of the recorded findings is then most influenced by the section dealing with considerations on the future appropriate form of class actions. From the content point of view, the thesis first offers a theoretical excursus in which it deals...
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Class Actions
Karim, Martin ; Dvořák, Bohumil (referee)
Class Actions Abstract This thesis deals with class actions. These are currently (and rightly so) a much-discussed topic. On March 6, 2020, the government submitted a government bill on collective proceedings, which is controversial, primarily due to its inspiration in the American class action lawsuit. The main thorn in the side of the bill's critics is that the government proposal includes the opt-out proceedings, i.e. the type of proceedings that forces the class members to deregister. It is present in the current proposal along with the opt-in proceedings, which are guided by the opposite principle. This thesis examined, in particular, the appropriateness of adopting collective proceedings into the Czech legal order and the potential problems that the proposed arrangement may cause. Regulations on collective redress in the US (which has been an original idea source for the government bill) and the Netherlands (which shares some aspects with the current version of the bill after its January amendment) were also examined. From the methodological point of view, analytical, normative, comparative, and synthetic approaches were mainly used in this thesis. First, an analysis of legislation, literature and case law was performed. The current government bill on collective proceedings was extensively commented...
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Class actions
Vlasáková, Tereza ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Class actions In the thesis on the topic of "Class actions", the author first deals with general issues of class actions, their division or individual systems of collective proceedings. In the second chapter, the author focuses on European legislation, specifically the 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 and Proposal for a directive of the European parliament and of the council on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC of 11 April 2018. Institutes, which in the current Czech legislation to some extent show signs of collective proceedings, are included and described in detail in the third chapter. The last chapter is a key chapter of the thesis, in which the author deals with the proposed Czech legislation on collective proceedings and compares it with the already adopted German legislation "Musterfeststellungsklage". In the individual subchapters, the proposed Czech legislation is not only compared with the already adopted German legislation, but within the Czech legislation itself, amendments are pointed out that have been implemented within the current...
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Class Actions
Karim, Martin ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Class Actions Abstract This thesis deals with class actions. These are currently (and rightly so) a much-discussed topic. On March 6, 2020, the government submitted a government bill on collective proceedings, which is controversial, primarily due to its inspiration in the American class action lawsuit. The main thorn in the side of the bill's critics is that the government proposal includes the opt-out proceedings, i.e. the type of proceedings that forces the class members to deregister. It is present in the current proposal along with the opt-in proceedings, which are guided by the opposite principle. This thesis examined, in particular, the appropriateness of adopting collective proceedings into the Czech legal order and the potential problems that the proposed arrangement may cause. Regulations on collective redress in the US (which has been an original idea source for the government bill) and the Netherlands (which shares some aspects with the current version of the bill after its January amendment) were also examined. From the methodological point of view, analytical, normative, comparative, and synthetic approaches were mainly used in this thesis. First, an analysis of legislation, literature and case law was performed. The current government bill on collective proceedings was extensively commented...
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Možnosti částečné penzijní privatizace v důchodovém systému České republiky
Dvořáková, Veronika
DVOŘÁKOVÁ, V. Options for partial pension privatization of the pension system in the Czech Republic. Diploma thesis. Brno: Mendel University, 2019. This diploma thesis focuses on possible consequences of the pension system in the Czech Republic if parts of the payment contributions were opted out to privately-owned capital funds. Real data from years 1995–2015 were applied retrospectively to models to show relevant consequences. The thesis concentrates on retrieving the effective percent yield from capitalization for a person with average income. The conclusion of the thesis evaluates the option of partial pension privatization for the Czech Republic based on the calculated results from the models.
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The Analysis of Reforms of Pension System in Poland (1990-2014)
Černá, Karolína ; Brabec, Petr (advisor) ; Vebrová, Ludmila (referee)
This thesis deals with the Polish pension system and its reforms in 1990-2014. The old pension system in Poland was instable and unsatisfactory in many ways, it was therefore necessary to reform it. The reform started in the beginning of 1999 and together with it, the new pension system started. However, the pension system was implemented hastily and many things were ill-conceived and non-functioning, therefore, this system was changed in many ways during the next years, including two reforms, and thus in 2011 and 2014, that primarily reduced the second funded pillar of the pension system, created newly in 1999. The thesis further deals with the development of open pension funds' evaluation in the second pillar of the Polish pension system in 1999-2011, where it is concluded, that the amount of evaluation, presumed by the reform's authors in 1999, is almost identical with the real amount for the monitored period.
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Pension reform in the Czech Republic and demographic development
Vašíčková, Kateřina ; Poláková, Olga (advisor) ; Brabec, Petr (referee)
The paper work is focused on the issue of pension reform, which has been recently made in the Czech Republic. The first part of the paper describes the pension systems, their types and differences among them. Further the work is dedicated to progressive development of the pension system. It is focused on the signifficant changes that were made within the so-called Small and Big pension reform and introduces the versions of the pension reforms of particular political parties based on Bezděk report's conclusion. Further the work analyzes the factors, which have impact on the progress of the pension system with focus on future trens of demographic development. In conclusion the paper work evaluates the fullfilment of the goals set by the government and describes the results, which the reform has brought in two years of its functioning.
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The Necessity of Pension System Reform in Czech Republic
Vyrubalík, Miroslav ; Spirit, Michal (advisor) ; Chvátalová, Iva (referee)
This paper is dedicated to pension system reform in Czech Republic. First, theoretical part sums up legal framework of current czech pension system. It is focused particularly on Act no. 155/1995 Col. about pension insurance. In the next part is an outlook on three other european pension systems. Netherlands, Portugal and Hungary. Final part describes the state of our current pension system, prognosis about the future development, identifies biggest problems of current system and presents sollutions to them. Data used in this paper were obtained from official servers of Ministry of Labour and Social Affairs and Ministry of Finance of Czech Republic. Data regarding foreign pension systems were obtained from official server of OECD.
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