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The requirement of independence of administrative bodies in Community law
Handrlica, Jakub ; Pomahač, Richard (advisor) ; Tomášek, Michal (referee) ; Chvátalová, Iva (referee)
259 7. Závěry 1. Mluvíme-li se o "nezávislosti" správních orgánů, můžeme pod tímto pojmem chápat nezávislost ve smyslu funkčním, nezávislost ve smyslu politickém, anebo kombinaci uvedených významů. Stěžejní pro posouzení toho, v jakém významu - a jestli vůbec - je možno mluvit o nezávislém postavení dotčeného správního orgánu, je relevantní právní úprava (včetně ústavněprávních postulátů ohledně organizace výstavby státní správy). 2. Požadavek nezávislosti správního orgánu ve smyslu jeho neutrality, nestrannosti a nepodjatosti je jedním ze základních principů výkonu veřejné správy. Orgány moci veřejné prosazují veřejné, nikoliv soukromé zájmy. Požadavek nezávislosti ve smyslu její nestrannosti a nepodjatosti tedy není specifikem vybraných odvětví, nýbrž může být přiřazen k základním principům dobré správy. V kontextu předkládané studie je tento požadavek označován jako nezávislost funkční. Funkční nezávislost správního orgánu má za cíl zabezpečit všem participujícím subjektům rovné postavení ve vztahu k moci veřejné. Nezávislost ve smyslu funkčním má specifické konotace v těch případech, kdy požadavek nestrannosti implikuje nutnost předcházet možným konfliktům širšího spektra zájmů. Jedná se typicky o nové administrativní agendy, které vyžadují specifickou míru separace od mocenského centra, tj. status...
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Relations arising from obligations in labour law
Havlík, Antonín ; Vysokajová, Margerita (advisor) ; Hůrka, Petr (referee) ; Chvátalová, Iva (referee)
Disertační práce Závazkové právní vztahy v oblasti pracovního práva 1 JUDr. Antonín Havlík Summary This paper focuses on private law obligations (chiefly of a labour law nature). This topic was chosen in the first half of 2008. I tried not to limit the interpretation to the substance of valid law only, but to contribute, within the range of the chosen topic, to discussion of labour law issues that are still open (and very important). I chose two theoretical issues. One was the method of incorporating labour law into the system of law, or, more precisely, the system of this branch of law into the sphere of private law - this concerns in particular the relationship to civil law and the relationship between labour law and public law. The second issue was seeking the optimal degree of restriction of contractual freedom in labour law relationships de lege lata as the basis for proposals de lege ferenda. The result of this (second) process - the content of the decision on the appropriate degree of peremptory regulation of relationships - has at the same time become a criterion for the evaluation of the statutory text. The above two subtopics were elaborated on top of the standard interpretation of the basic issues of private law obligations, with a focus on labour law obligations. Both individual labour law and...
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Company health-care services
Tomšej, Jakub ; Pichrt, Jan (advisor) ; Chvátalová, Iva (referee) ; Drápal, Ljubomír (referee)
- 193 - Abstract This dissertation theses describes the topic of company health-care services. The thesis provides a complex analysis of providing company health-care services with particular focus on the connection of these services with the employment relations and the legal instruments governed by the Labour Code. The thesis focuses in particular on the topic of medical examinations and medical reports, as well as the unfitness to work due to health-related reasons as a reason for termination of employment or other employment-law consequences. Besides an analysis of the current legislation, the theses further deals with the current case law, and in particular the judicial decisions on medical reports and their review by administrative and civil courts. The thesis also describes related legal instruments in the field of personal data protection and liability for damages, and provides a short comparison of the analysed legal regulation and the regulation of public service.
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Personality and personal data protection in employment law relationships
Zahradníček, Jaroslav ; Hůrka, Petr (advisor) ; Chvátalová, Iva (referee) ; Morávek, Jakub (referee)
Personality and personal data protection in employment law relationships This dissertation deals with the topic of personality and personal data protection in employment law relationships. This is a very topical subject, as the development of information technology has made it easier for employers to infringe on their employees' privacy. Today, the widespread use of information technology and the related process automation in the workplace makes it easy to monitor employee performance, to track when an employee takes a break and how long it lasts, to monitor how the employee cooperates with other employees, and how the employee uses entrusted resources. Apart from that, a new regulation on personal data protection has also recently contributed to the popularity of the topic: the adoption of the General Data Protection Regulation (GDPR). Although this regulation does not bring many new legal rules compared to the previous legislation, it severely and significantly toughens the penalties for violating the rules. This dissertation is divided into 4 parts. The first part deals with the legal framework and legal sources of the analysed topic and further describes the general basis for examining the personality protection, including privacy protection, and the protection of personal data, which is...
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Equal treatment and prohibition of discrimination in employment relations and social security systems in Czech and European law
Jandová, Darina ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee) ; Chvátalová, Iva (referee)
Equal treatment and prohibition of discrimination in employment relations and social security systems in Czech and European law Abstract The dissertation deals with equal treatment and prohibition of discrimination in employment relations and social security systems in Czech and European law. In the introductory section the historical context of anchoring the principle of equality into the legal regulation is outlined. The attention is paid on one hand to the social changes in the first half of the 20th century, which led to the protection of equality in Europe, and on the other to the legislative initiatives and the role of justice in the second half of the 20th century. The second part explains the concepts of equality, discrimination, employment relations and social security systems, which are the central motifs of the dissertation. It analyses how these concepts were viewed in the past, how they evolved, and in what forms and manifestations we can come across them today. The third part introduces the Czech and European legislation, which constitute the current Anti-Discrimination law. Emphasis is placed on the assessment of the Czech Anti- Discrimination Act with regard to its almost ten years of effectiveness in the Czech legal order. The author concludes that despite the facts that the protection...
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Termination of Employment after Civil Re-Codification
Mlýnková, Alice ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee) ; Chvátalová, Iva (referee)
Termination of Employment after Civil Re-Codification Abstract The thesis deals with different means of termination of employment, which may occur either as an expression of the will of a party or both parties to an employment contract, i.e. the employee or the employer, or as a consequence of another kind of legal occurrence. The paper further researches the impact of the Civil Code, as a general civil law regulation, and amendments to the Labour Code implemented due the Civil Code coming into force on termination of employment and its consequences. Primary focus is on the application of the general regulation of ineffectiveness and voidability of termination as well as on interpretation of employment-related legal conduct under the Civil Code. The thesis also explores the influence of civil-law regulation of time limits and lapse of time on counting of time in labour law. The thesis reflects court decisions related to the Labour Code issued since 2014 when the Civil Code came into force. Following an overview of all means of termination of employment, the paper focuses on individual means of termination by the parties consisting in the unilateral or bilateral expression of will of the parties to an employment contract. These means include agreements to terminate employment, dismissal, summary dismissal...
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The principle of equal treatment and non-discrimination in labor relations
Brožová, Eva ; Vysokajová, Margerita (advisor) ; Chvátalová, Iva (referee) ; Morávek, Jakub (referee)
The principle of equal treatment and non-discrimination in labor relations Abstract This dissertation focuses on the analysis of the legal regulation of the Czech Republic containing the principle of equal treatment of employees and the prohibition of their discrimination in labor relations. The other objective is to compare the legal regulations of other European Union Member States and to apply the principle of equal treatment and non- discrimination in practice, including the abundant case law of The Court of Justice of the European Union, the European Court of Human Rights and the less case law of the Czech courts. The content of this dissertation above all is an introduction of the principle of equal treatment and non- discrimination, differentiation of material and formal equality including specification of individual discriminatory reasons and an introduction of the most important legal sources in the international legislation, standards of the European anti-discriminatory law and domestic legal adjustment. Another part describes the rules of equal treatment and the ban of discrimination applied in real life in the area of remuneration in terms of rewarding somebody the same amount for the work of same value, and a possibility of achieving a functional or other types of promotion without...
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Non-discrimination and equal treatment in Employment relationships in the Czech Republic and in selected EU countries
Hájková, Michaela ; Bělina, Miroslav (advisor) ; Chvátalová, Iva (referee) ; Štefko, Martin (referee)
Non-discrimination and equal treatment in Employment relationships in the Czech Republic and in selected EU countries Abstract Principles of equality, respectively equal treatment and prohibition of discrimination, are prominent in public discourse as well as in practical life, specifically in relationships between employees and employers. It is typical that these principles and their precise content and scope may vary in accordance with cultural, local and historical contexts. In the Czech Republic, arguments relating to equal treatment and prohibition of discrimination in employment relations are not very often heard and resolved by courts; that however does not mean that problems relating to unequal treatment or discrimination would be absent. Employment laws are in many respects driven and influenced by European Union law; ban on discrimination is subject to regulation by a number of Directives, which each Member State must transpose into its national legal framework. When these national laws are interpreted and applied, the primary concern must rest in maintaining consistency with the original regulation while considering any relevant case law passed down by the Court of Justice of the European Union. For the same reasons, it may be interesting to compare, from legislative standpoint and in application...
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Labour relations with international element and their content changes over time
Kratochvílová, Eva ; Vysokajová, Margerita (advisor) ; Chvátalová, Iva (referee) ; Štefko, Martin (referee)
In her PhD thesis, the author deals with the legal regulation of the international element in labour relations which is supplemented by the dimension of the regulation of the social security and the protection of personal data in order to create a complex view of the examined issue. The international element within the respective legal branches is regulated at the EU level by a different methodology approach - harmonization (labour law), coordination (social security law) and unification (protection of personal data). The fundamental role in the regulation of the international element in labour relations is played by EU legislation, especially the Regulations Rome I, Rome II and Brussels I (bis), which is complemented by the legal regulation of the international element in labour law relations within the Czech law system. The international element in social security law is governed by Coordination Regulations Nos. 883/2004 and 957/2009, the Czech legislation does not contain, in this respect, its own legal regulation of an international element and refers to the EU regulation. In the area of personal data protection, the harmonization legislation of Directive No. 95/46/EC and Czech Act No. 101/2000 Coll., on Data Protection, will be replaced as of 25.05.2018 by the GDPR Regulation. The EU...
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Poverty and its solution within the social security system
Dušková, Lucie ; Chvátalová, Iva (advisor) ; Kačírková, Eliška (referee)
The focus of this bachelor's thesis is the problem of poverty and historical development of its solution in the area of today's Czech Republic. The thesis is divided into four chapters. The first part of thesis defines the term "poverty" and describes its types and also the most frequent causations. The second chapter intercepts gradual evolution of the solution to poverty in the Czech area and defines the most important instruments in particular eras. The third part provides a description of the current applicable legislation. The last chapter evaluates this applicable legislation and outlines potential effective changes and amendments. The aim of this thesis is to evaluate the applicable legislation and to make an attempt to find and recommend useful changes in current system, taking into consideration the potential use of a former "hometown law".
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