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Problem of so-called social dumping in EU law
Marková, Alice ; Svobodová, Magdaléna (advisor) ; Šmejkal, Václav (referee)
Problem of so-called social dumping in EU law Abstract Social dumping in EU law is becoming an increasingly pressing problem. Due to the creation of the EU internal market and the accession of the new Member States, in particular southern and eastern Europe, social dumping is occurring in many forms in the European Union. Is it possible to prevent social dumping, or by what means can it be minimized? This diploma thesis in its first chapter deals with the definition of social dumping in EU law in general, focusing on social dumping in the form of so-called regulatory arbitrage, both theoretically and practically. In the second chapter, the author presents the development of social policy in the context of the EU internal market, since the interaction between the economic and social objectives of European integration is crucial for the existence of social dumping. This chapter is followed by the case law of the Court of Justice of the European Union in Rush Portuguesa, Viking Line, Laval, Rüffert and Commission v. Luxembourg, which concerns a conflict of fundamental freedoms and fundamental social rights. This chapter discusses how the Court of Justice of the European Union decides in the event of a conflict of these rights. Furthermore, that case-law has a considerable impact on the interpretation of the...
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Macro-prudential policy and banks' cross-border capital flows
Rabinovich, Ilia ; Geršl, Adam (advisor) ; Teplý, Petr (referee)
This thesis analyzes spillover effects of prudential policies on cross-border capital flows in the period from 2000 until 2014 for 64 countries. It estimates the size of the effect, which 9 most common prudential policy tools had on capital flows based on BIS LBS. The findings show spillover effect of general capital requirements and consumer credit capital requirements on the cross-border capital flows. This work provides analysis of spillover effects in several groups of countries with special accent on CEE countries. JEL Classification F32, F34, G21 Keywords Macroprudential policies; Prudential and supervisory measures; Cross-border banking flows; Leakages; Regulatory arbitrage; CEE Author's e-mail ilyshar@gmail.com Supervisor's e-mail adam.gersl@gmail.com
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The Regulatory Arbitrage between Basel III and Solvency II: The Role of Alternative Risk Transfers Demonstrated on CDS Spreads - The Case of Italy
Budská, Petra ; Teplý, Petr (advisor) ; Buzková, Petra (referee)
Different capital regulatory requirements in the bank and insurer markets lead to finding and using of new more complex financial tools linked with capital release and subsequent optimization of the investment objectives, but they are also linked with promises and risk transfers that could cause a collapse or a systemic risk of the financial markets, as evidence by the recent financial crisis. The aim of my work is to examine the behavior of credit default swap spreads on the securitization and reinsurance markets, followed by analyzing arbitrage conditions between securitization and reinsurance markets by cointegration analysis. The thesis focuses on Italy because it is one of four main European players in the securitization market and it has highly developed bank and insurer markets. Moreover, it still faces to consequences of the recent financial crisis that is indicator of strong possible bases for above mentioned complex financial instruments. On the dataset of Top 8 Italian banks and insurer companies in the period 2006 - 2012 I showed by cointegration analysis a presence of just one cointegration relationship between securitization and reinsurance market, therefore I rejected possibility of arbitrage between these markets. But on the other hand, they converge to long term equilibrium slowly...
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Regulatorní arbitráž pod úmluvami Basel
Chroustovský, Jiří ; Teplý, Petr (advisor) ; Kuklik, Robert G. (referee)
Bachelor thesis deals with the phenomenon of regulatory arbitrage. The work seeks to identify opportunities for regulatory arbitrage under Basel I and Basel II accords. The aim of the thesis is to determine whether banks engaged in regulatory arbitrage, and how it affected the financial system. In examining regulatory arbitrage, it was found that the Basel I and Basel II provided a potential for regulatory arbitrage, and banks did not hesitate to engage in it. The thesis identifies that the main problem of banking regulation is the change in incentives of players in the financial markets leading to regulatory arbitrage, and consequently to a greater concentration of risk in financial markets. The work suggests a creation of the fourth pillar of the Basel accords, which would provide rules for bank resolution mechanisms. Thus, it tries to alleviate the problem of moral hazard currently present in the banking system.
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