| Abstract [eng] |
This work aims on setting general criteria helping to distinguish freedom to provide financial services and right of establishment, also to introduce an evaluation of problems, appearing when distinguishing freedom to provide services and right of establishment and exceeding scope of criteria or requiring a more detailed analysis because of its problematic origin. The work is based on content analysis of characteristics of financial services, also freedom to provide financial services and right of establishment. The research is focused on setting criteria of freedom to provide financial services and right of establishment and systematic evaluation, also identification and solution of problems on distinguishing freedom to provide services and right of establishment. Further on, the work provides an analysis of definition of the financial services and introduces its main characteristics. Systematization of the EU Court of Justice practices and doctrine statements on issues, regarding freedom to provide services and right of establishment, also analysis how the "Single European Passport" principle influences services on the single market, are presented herein, too. Application of linguistic, comparative, logical analysis, systemic and other methods and evaluation of practices of the EU Court of Justice allow to state that the main criteria, helping to distinguish freedom to provide services and right of establishment are “the Member State’s border crossing” and “economical integration to the host Member State”. However, it is obvious that some problematic situations appear when a provider of the financial services apply for an independent agent‘s services of the host state, also when financial services are provided using electronic or remote connection equipment. In order to ensure legal clarity, a detailed analysis of the mentioned situations is presented herein. |
