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Corruption
Chadimová, Tereza ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
Title Corruption. English Abstract The rigorous work deals with the evaluation of the level of criminal substantive law and criminal procedural law with the greatest emphasis on the national level. The primary goal of this work is to find out how it is currently possible to face the corruption and whether the Czech legislation provides useful tools to help fight against the corruption. As the necessary prerequisite for the fight against the corruption is the prevention of the corruption, the detection of corruption practices and the need to punish enough the corruption, this rigorous work divides instruments of the fight against the corruption into three groups, first group is preventive instruments, second group is instruments of detection and third group is instruments of sanctions. The rigorous work deals with all of these groups of instruments when attention is paid both in general and also specifically on Czech criminal law. In order to assess the effectiveness of all instruments, the first criterion is a sufficient scale, which means whether the Czech legislation can punish all types of corruption, the second criterion is the ability to search for, secure and make available sufficient evidence, and the third criterion is the stringency of punishments. The introductory part deals with the definition of...
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Leniency policy
Šorf, Jiří ; Borkovec, Aleš (advisor) ; Hraba, Zdeněk (referee)
KEY WORDS: leniency, hard-core cartel, whistleblowing, competition The EU/US Leniency policy is a thesis collecting and classifying huge amount of information and data from several legislations in relation to a relatively new phenomenon of leniency policy. Its additional value are not only commentaries on the de lege lata (currently existing) legislation, but mainly de lege ferandae presumptions emphasizing the trends which could be anticipated in the leniency policies in the future. Processing world data would not be in my capacities and therefore I decided to work with the most representative legislations - those of the European Union and of the United States, a minor insight is also given in case of Great Britain, Germany and France. The thesis helps the reader get familiar with the basic leniency concepts (terminology, principles, history) and subsequently starts explaining the core of the laws from the substantial as well as procedural point of view. Chapters enabling comparison of European and American law firstly set both legislative frameworks and then provide a comparative chapter at the end dealing with weaknesses and strengths of each program. The historical part deals with the circumstances which led to passing of the legislative predecessors of the current laws but also carefully...
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Personal data protection in labour law relationships and protection of whistleblowers
Podlešák, Pavel ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Personal data protection in labour law relationships and protection of whistleblowers Abstract With the development of new technologies at the turn of the millennium came an increase in the number of personal data processing, which required more detailed legislation. This is especially important with regards to labour law relationships in which the employer has to process the personal data of their employees due to legal obligations, or may decide to process them by their own decision and base this processing of personal data on their legitimate interest or consent of the employee, which the employee can hardly resist due to their weaker position. The aim of this thesis is to analyze the basic legal terms, principles and legal grounds of personal data processing and to point out some aspects of their application in labour law relationships. To achieve this goal, the author uses international, European and national legislation and a wealth of literature, articles, internet resources, documents of the Office for Personal Data Protection and documents of WP29 and the European Data Protection Board. He then uses European and national case law to support his claims. The first part of the thesis is devoted to the legislation of personal data protection (and privacy) at the international, European and national...
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The Pentagon Papers: From reality and news to film adaptations and film reviews
Hejduk, Adam ; Novotný, David Jan (advisor) ; Doležal, Aleš (referee)
The bachelor's thesis entitled "The Pentagon Papers Affair - From Reality and Newspaper News to Movie Adaptation and Film Reviews" offers a detailed description of the so-called Pentagon Papers affair, which consisted of the publication of a secret government study on US involvement in the Vietnam War in the leading American press. To better understand the causes of this affair, the work describes the historical context of the Cold and Vietnam War. The process by which the secret study reached the front pages of The New York Times, The Washington Post and many others American newspapers is illustrated by the life of Daniel Ellsberg, who worked for the US government for a long time and became the first whistleblower by stealing and publishing the secret study. The work also analyzes the image created by the Czechoslovak press about the affair, specifically by Rudé právo, which used the affair for communist propaganda for the ruling Communist Party. The content of the work is also a dramaturgical analysis of the latest film adaptation of this affair, the Movie The Post from 2017, and its authenticity is assessed in terms of the depiction of main characters and compliance with real historical events. Briefly, the work also deals with the analysis of the evaluation of this film, both from the...
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Whistleblowing as a means of employer protection
Zajíček, Jan ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
1 Whistleblowing as a means of employer protection Abstract This doctoral thesis regards the term whistleblowing, i.e. the protection of the notifier of harmful conduct. The author has chosen this topic primarily due to the current importance of this topic. The initial part of this thesis is concerned with the general themes, the explanation of the terms, and the history of whistleblowing. In addition, this document analyzes the sources of international laws regarding this phenomenon that relate to the Czech Republic and the Czech legal order. Furthermore, this thesis discusses the European Union legislation relating to whistleblowing and focuses on the 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, which can currently be considered the most important source of law regarding the whistleblowing and simultaneously to be the template for the Czech national legislation in development. This thesis analyses and documents the contents of this directive. Although the term whistleblowing is still novel to the Czech law, its aspects can be found in several legal branches. Therefore, this thesis considers its sources not only from the perspective of the constitutional, labour, criminal, and administrative law but...
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Protection of whistleblowers.
Mihaliková, Zuzana ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
This Master's thesis deals with the topic of the protection of whistleblowers, or persons reporting wrongdoing, as the term is often translated into Czech. The first part of the thesis deals with the approach to the issue, the history of whistleblowing, definitions of basic terms and concepts necessary for its further understanding, and general remarks, why it is necessary to protect the reporting persons. Furthermore, the thesis describes obligations arising in the field of protection of reporting persons under the international law and in particular, from the case law of the European Court of Human Rights, and further analyses the rules of the new EU Directive on the protection of persons who report breaches of Union law. The Directive was approved at the end of 2019. It represents a comprehensive set of principles and rules, whose purpose is to ensure a high level of protection for whistleblowers across all Member States, including the Czech Republic, through the introduction of common minimum standards. Like other EU Member States, the Czech Republic is obliged to transpose the Directive into the national law by 17 December 2021 at the latest. The final part of the thesis analyses the Czech legislation on the whistleblowing. This concerns both the current legislation, the sufficiency of which has been...
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Obligations of the employee from the employement relationship
Váchalová, Hedvika ; Vysokajová, Margerita (advisor) ; Štefko, Martin (referee)
1 Duties of the employee resulting from employment relationship Abstract This thesis focuses on duties of the employee resulting from employment relationship according to Labour Code. Duties of the employee were included already in general Austrian civil code, but in very limited range. Act No. 65/1965 Coll., the Labour Code, followed general Austrian civil code and provided more complex and wide portfolio of duties. Many of them can be found in the current law. In the present the duties of the employee resulting from employment relationship are regulated by the Act No. 262/2006 Coll. the Labour Code. According to current Labour Code it is possible to distinguish between basic duties and other duties of the employee such as duty to respect working hours, duties tied to work health and safety, duties tied to long- term inability to work, duty to deepen qualification, duty to duly use employer's means, prevention duty, duty to abstain from profitable and competitive activities, duty to inform about obstacle in work on the employee's side and duties of the senior employees. Some groups of the employees working in public sphere have increased duties. The sources of duties are except Labour Code other laws. As example of duties resulting from other laws are described duties of the civil servants of regional and...
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Whistleblowing in labour relations in the context of the European regulation
Blahová, Luisa ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
Whistleblowing in labour relations in the context of the European regulation Abstract Whistleblowing has been a topic of discussion by professionals and the general public for many years. In October 2019, a European Directive on the protection of whistleblowers was adopted, which gave the Czech legislator a clear deadline for the adoption of legislation. At present, some whistleblowers are provided with partial and ineffective protection, and several unsuccessful legislative proposals have appeared in the past as well. There is a new proposal currently in the stage after being sent to the inter-ministerial comment procedure. This piece briefly introduces the concept of whistleblowing, the purpose and implications of this institute in the light of the international and European documents and case law. Within the theoretical basis of individual elements of whistleblower protection, a new Directive on whistleblower protection is further discussed in detail. Due to the minimalist regulation in several EU Member States, the Directive represents a very progressive regulation. The work also provides a detailed analysis of the Irish Protected Disclosures Act and some of its application problems. The Irish act provides protection to a wide range of people who report essentially any violation or misconduct. The act...
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Whisteblowing, employment relationships and development of whistleblowing legislation in the Czech Republic
Koblerová, Markéta ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
In the submitted diploma thesis, the author deals with the topic of whistleblowing, in other words protected disclosure of wrongdoing, which is highly topical issue in the Czech Republic over the last decade. This issue gained attention with the first publicly known cases of Czech whistleblowers and also with several submitted legislative proposals for a complex legal regulation of the regime of protected disclosure in the Czech Republic. In the first part of the thesis, the author defines the concept of whistleblowing, in particular through several legal definitions from various authors. This part also deals with the development of the institute in the Anglo-Saxon countries as well as with its overlap into other sectors. Its related aspects are also discussed, namely the concept of labor-law relations and the duty of loyalty. On the whole, the first chapter should provide a more comprehensive view of the whistleblowing institute in order to draw the most important elements needed in the possible regulation of protected disclosure. The second chapter presents international commitments of the Czech Republic related to the regulation of this institute and consisting the most important documents adopted by European Union and other important international organizations, including some relevant case-law of the...
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Corruption
Chadimová, Tereza ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
Title Corruption. English Abstract The rigorous work deals with the evaluation of the level of criminal substantive law and criminal procedural law with the greatest emphasis on the national level. The primary goal of this work is to find out how it is currently possible to face the corruption and whether the Czech legislation provides useful tools to help fight against the corruption. As the necessary prerequisite for the fight against the corruption is the prevention of the corruption, the detection of corruption practices and the need to punish enough the corruption, this rigorous work divides instruments of the fight against the corruption into three groups, first group is preventive instruments, second group is instruments of detection and third group is instruments of sanctions. The rigorous work deals with all of these groups of instruments when attention is paid both in general and also specifically on Czech criminal law. In order to assess the effectiveness of all instruments, the first criterion is a sufficient scale, which means whether the Czech legislation can punish all types of corruption, the second criterion is the ability to search for, secure and make available sufficient evidence, and the third criterion is the stringency of punishments. The introductory part deals with the definition of...
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