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EU legal instruments for the protection of whistleblowers
Kalová, Adéla ; Scheu, Harald Christian (advisor) ; Exner, Jan (referee)
EU legal instruments for the protection of whistleblowers Abstract This thesis deals with the issue of protection of whistleblowers within the European Union, with a particular emphasis on the view of Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law. In the context of the issue, the thesis also analyses the approach of the European Court of Human Rights, which has commented on the protection of whistleblowers many times in the past through its case law. The Court has looked at the issue from the perspective of the European Convention for the Protection of Human Rights, its decisions are nevertheless a relevant source of information for finding answers to the questions of effective provision of legal protection to whistleblowers. The thesis further analyses the transposition of the Directive into the Czech legal system in the form of Act No. 171/2023 Coll., on the protection of whistleblowers. In order to draw conclusions about the compatibility of the transposed Czech legislation with the EU legislation, a comparative analysis with the Austrian, German and Slovak legal systems was carried out as well. The analysis reveals partial differences in the approach to transposition and implementation between these...
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Lobbying and Corruption in European Union Legislative Procedure
Prudilová, Eva ; Scheu, Harald Christian (advisor) ; Navrátil, Petr (referee)
Lobbying and Corruption in the European Union Legislative Procedure Abstract The diploma thesis deals with influencing the legislative process of the European Union. Legislation at European Union level affects the lives of millions of citizens as well as the functioning of legal systems and law in the Member States. Although the primary law of the European Union presupposes the participation of the general public in the legislative process, which takes place precisely through interest groups, lobbyists, the issue remains neglected in the academic environment. At the same time, the word expression "lobbying" is entwined with many myths and is associated mainly with a negative meaning. The participation of lobbyists, its legitimacy, the border with the illegal influence of the legislative process is thus still perceived as a gray zone in which it is difficult to navigate. The thesis aims to distinguish between legal and legitimate participation of interest groups in the legislative process and illegal practices - corruption. To do this, an analysis of legal norms is used, which regulates both negotiations in the first and second part of the diploma thesis. In the case of corruption, it is a complex, long-evolving and clear regulation. However, comprehensive legislation on lobbying and the participation of...
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LGBTI Community as a New Minority
Polendová, Markéta ; Scheu, Harald Christian (advisor) ; Tymofeyeva, Alla (referee)
Thesis title LGBTI Community as a New Minority Abstract The thesis focuses on the legal status of LGBTI people, specifically in regards to the possibility of labelling the LGBTI community as a minority in the sense of minority law, which is traditionally associated with national, linguistic, and religious minorities. The work aims to evaluate the potential of the LGBTI community to fulfil the defining characteristics of a minority and subsequently analyses minority rights with regard to the possibility of granting them to LGBTI people. Further, the thesis focuses on the position of the LGBTI minority in EU law. The thesis is divided into three main parts. The first part introduces the terms that are built upon in the following chapters. The second part of the thesis is dedicated to the analysis of the features of the minority definition, i.e. the objective and subjective criterion, aiming to determine the possibile fulfilment of each individual minority characteristics by the LGBTI community. Problematic aspects arising in connection with the specific structure of the LGBTI community, especially its internal diversity and the difficult verification of the differentiating characteristics of individual members, are emphasised. Following the analysis of the minority status of the LGBTI community, the thesis...
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Concept of free movement of persons and workers in the EU and their correlation
Šafránková, Kristýna ; Kunertová, Tereza (advisor) ; Scheu, Harald Christian (referee)
Free movement of persons and workers in the EU and their correlation Abstract This thesis is focused on one of the fundamental freedoms of the internal market. This is the free movement of persons and workers, which define the fundamental right of every citizen of the European Union. The thesis focuses on the free movement of persons and workers from the point of view of theory and practice, with emphasis on the case law of the Court of Justice of the European Union. The subject of the thesis is to map the issue of free movement of persons and workers from the evolution of this freedom, the introduction of citizenship of the EU and the consolidating Directive 2004/38, the definition of worker, to the current situation in the light of covid-19 crisis, that had a huge impact on the freedom of movement. The aim of the thesis is to look at the free movement of persons and workers from the point of view of their correlation and compare their rights. The thesis is divided into 4 chapters, where the first chapter is focused on the historical development of freedom of movement of persons and includes a subchapter dealing with citizenship of the EU. This chapter also regulates the right of residence of EU citizens. The second chapter deals with the definition of a worker, including the view of this term in the light...
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European Arrest Warrant in the Light of Principle of Mutual Trust and Protection of Fundamental Rights
Martínková, Adéla ; Scheu, Harald Christian (advisor) ; Navrátil, Petr (referee)
European Arrest Warrant in the Light of Principle of Mutual Trust and Protection of Fundamental Rights Abstract European arrest warrant (EAW) is one of key instruments of mutual recognition in criminal matters. Essential elements of its fonctioning differentiate it from a traditional system of extradition and allow the system of EAW to be simpler and more efficient. EAW owns its efficiency to principle of mutual trust, which lays at its core. However, mutual trust cannot be blind and one of its limits is protection of fundamental rights. This thesis aims to find answers for questions: what are the fonctions of both principles within EAW, how are they balanced and what development has taken place so far in this matter. In order to do so, attention is brought first to the development of cooperation in criminal matters. Second chapter focuses on principle of mutual trust, which is essential for mutual recognition and EAW, but lacks a clear definition within EU law. Following chapter introduces protection of fundamental rights in EU and shows how it affects level of mutual trust between states. In the case of EAW, lack of protection of fundamental rights causes for states to be less willing to surrender a person to other member states. Level of fundamental rights protection affects the level of mutual trust and...
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The right to participate as part of the European protection of national minorities.
Pál, Ádám ; Scheu, Harald Christian (advisor) ; Petráš, René (referee)
The right to participate as part of the European protection of national minorities Abstract This thesis provides an insight into the subject of the right of national minorities to effective participation, especially in the light of the European regional level of minority rights regulation. The main goal of the work is to define the specific means and procedures whereby states can ensure the effective participation of persons belonging to national minorities in various areas of public life. The Council of Europe's Framework Convention for the Protection of National Minorities serves as the focal point of the work, as it so far contains the only legally binding provision at European level guaranteeing minorities the right to effective participation. The thesis itself is divided into four chapters. The initial chapter of the work provides an overview of the right to effective participation in a general sense in the context of international protection of human rights. In the second chapter the author scrutinizes the position of the right to effective participation in documents on minority protection at universal and regional level, as well as in other international conventions that may be relevant in this regard. The following chapters of the work focus predominantly on the above-mentioned Framework Convention....
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"The Hypotheticality of a Preliminary Reference to the Court of Justice of the EU as a Viewpoint of its Inadmissibility
Dirriglová, Katharina ; Scheu, Harald Christian (advisor) ; Kunertová, Tereza (referee)
The Hypotheticality of a Preliminary Reference to the Court of Justice of the EU as a Viewpoint of its Inadmissibility Abstract This master thesis analyses the case-law of the Court of Justice of the EU (CJEU) concerning the admissibility of preliminary references. In particular, it focuses on one of the criteria of CJEU's admissibility review - inadmissibility on the grounds of hypotheticality. It argues that there are essentially two types of hypothetical questions: those that arise of contrived (hypothetical) disputes and those that are hypothetical in nature, because they require the CJEU to give an advisory opinion on a matter that is not adjudicated in the main proceedings. The two categories differ in the approach taken by the CJEU. Whereas in cases of hypothetical disputes the CJEU rejects all preliminary questions posed by the referring judge, it will only selectively declare inadmissible a single question or certain questions exceeding its jurisdiction in the latter case. First, this contribution sets out the broader context of the functioning of the preliminary reference procedure, highlighting both the principles of the procedure and the roles of the numerous actors concerned. Subsequently, it follows the emergence of the hypothetical questions doctrine in the seminal C-104/79 Foglia, C-244/80...
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Personal data protection with focus on processing and protection in civil aviation
Hodek, Jan ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
Personal Data Protection with Focus on Processing and Protection in Civil Aviation This diploma thesis focuses on the matter of EU legal regulation of personal data protection and reflects it in the field of civil aviation with focus on commercial air transport, as commercial air transport is at this moment the area of civil aviation where most of the personal data processing and operations with them are made. The goals of this diploma thesis are mainly to describe respective personal data processing in civil aviation and finding out whether GDPR represents an insurmountable legal obstacle for air carriers and civil aviation to operate or whether it is just another complicated act of legislation that air carriers and other entities in civil aviation must reflect. The first chapter of the thesis briefly introduces the history of personal data protection while presenting some of its past and current sources of legislation. Moreover, the first chapter introduces certain legal institutes of current EU personal data protection legislation and draws attention to the continuity and discontinuity of GDPR with the previous one. The second chapter of the thesis provides a short introduction to the topic of civil aviation legislation and describes the relationship between this legislation and GDPR. The...
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European legislation and case law regarding hate crimes
Števiarová, Lucia ; Scheu, Harald Christian (advisor) ; Vondráčková, Aneta (referee)
European legislation and case law regarding hate crime Author in this work, in accordance with its objective, offers professional and comprehensive view on European legislature and case law regarding hate crimes. For the sake of maximum clarity, the work is divided into four parts. In order to understand and achieve the concept, the first part provides a historical excursion into the issue and the enumeration of European sources related to hate crimes. To achieve aim is for reader to create his/her own opinion on this topic, therefore there is also discussion about prosecution of hate crimes and about their statistical inconsistencies caused by nonuniversal approach. The second part introduces reader to the term of "hate crime" analyzing various definitions, next author provides detailed justified proposal of possible definition of hate crimes with broad list of protected characteristics of potential victims. Unsolicited confusion of the term "hate crime" with related terms is prevented by distinguishing it from similar terms. Particular focus is placed on the specifics of hate crimes, which are relevant to addressing the issue. The author emphasizes the subject characteristic of hate crimes by discussing the hate motive, the extraordinary impact of hate crimes and the typology of perpetrators. The...
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COMMON EU VISA POLICY AND THE RIGHT OF APPEAL AGAINST A VISA REFUSAL
Koukal, Michal ; Scheu, Harald Christian (advisor) ; Pítrová, Lenka (referee) ; Pořízek, Pavel (referee)
This thesis deals with a description and analysis of the EU law and policy on Schengen visas. The EU visa policy is analysed in its historical development and its place in the framework of Schengen acquis. Separately, important visa policy measures are analysed including the typology of visas, exceptions from visa obligation, visa reciprocity, visa facilitation and processes of visa liberalisation. Different phases of the visa procedure are studied with focus on the questions whether there is a right to be issued a Schengen visa when the conditions are met and the right of appeal. The relevant legislation subject to analysis is above all the Visa Code, the regulation on visa lists and the relevant jurisprudence of the Court of Justice. By way of illustration, the implementation in the Czech legal order is used and jurisprudence of the Czech higher courts is quoted to show to what extent the EU visa procedure and visa refusal matches the requirements of the administrative law theory on the administrative procedure and decision in general. The relevant rules are assessed as to the extent they match with principles of legitimacy, influence of legal certainty, effectiveness and proportionality. The core of the work is a hypothesis that current EU visa rules do not establish a right to a visa when the...
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