| Abstract [eng] |
Significance of EU Internal Market Freedoms for Financial Services. An increase in legislation intensity of a post-financial and Euro zone crisis European Union not only has significantly changed the provision of financial services but has also raised plenty of new complex issues to be solved by the future practise and doctrine. Considering that the doctrine shows tendencies on focusing on the analysis solely on the content of the newly issued legislation, thus neglecting the analysis thereof in the context of the primary law, this master thesis examines the regulation of the financial services in the light of the latter. By such analysis it is intended to determine the significance of internal market freedoms in the field of financial services. To achieve the said objective the master thesis is divided into two main parts, the first thereof deals with the internal market freedoms relevant for the provision of financial services while the second one provides with an analysis on how and in what circumstances does the relevant internal market freedoms are still relevant in the provision of financial services. The first part of the master thesis examines free movement of services, right of establishment and free movement of capital. Relying on the analysis of the case law of the European Union Court of Justice the main characteristics, prohibited restrictions as well as the possible justifications of restrictions of the said freedoms are examined in relation with the financial services sector. The second part of the master thesis deals with the secondary legislation of the European Union regulating the provision of financial services. By analysing the legal basis of such legislation, scope, object and other traits thereof a significance of internal market freedoms on the provision financial services is revealed and divided into impact of the internal market freedoms on the adoption of the legislation and into areas of law where the internal market freedoms could still be directly relied on. Finally, a stance of the thesis author on the significance of the internal market freedoms on the provision of financial services is provided as well as the author’s view on the European Union’s legislator’s activity in the financial services sector. |
