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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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Prevention and control of corrupt conduct in the Czech Republic
Vařecha, Tomáš ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
1 Abstract This thesis 'Prevention and control of corrupt conduct in the Czech Republic' suggests its aim and issues directly from its title. The corruption is still actual phenomenon that has been regularly mentioned in the media in recent years and remains opened for further research and discussion. There is no doubt that the need for another analysis exists. Only effective and continuous effort to prevent and control corruption can lead to reduction of crime rate and another negative impacts caused by corruption. The impacts of corruption mean not only administering punishments to the persons taking part in corruption but it is also possible to register economic impacts. Moreover, the corruption has adverse effects on our civic society represented by inauspicious influence on public opinion regarding the trust of population in the public administration, state policy or fair, just, equitable and impartial judicial ruling and deciding of other national institutions. This thesis deals with corruption using mostly criminological point of view. However, it was also necessary to use criminal substantive and procedural law knowledge. The corruption is a phenomenon that influences all society to the core, despite the fact that the most of our society is convinced that corruption is prejudicial. It was also...
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Whistleblowing
Bartošová, Tereza ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
in English The author's thesis deals with the topic of whistleblowing, which is currently very relevant, because two legislative proposals about the protection of whistleblowers have been submitted recently and also because of the adoption of Government Regulation No. 145/2015, which establishes treatment of notification for state employees. The thesis discusses and presents the views of many authors on the concept of whistleblowing, whistleblower, further it clarifies the division of internal and external whistleblowing and also divides the reporting of whistleblowing on public, confidential and anonymous. The work also presents the history of qui tam actions that are highly associated with the history of whistleblowing. The thesis presents selected aspects of foreign whistleblowing arrangements, namely in the United States of America, which has a long tradition of whistleblowing. The new law to protect whistleblowers, which is effective from 1st January 2015 in the Slovak Republic, is examined in the thesis as well. The author also points out the international obligations for the Czech Republic, which result from the membership in the international organizations and also from being in the European Union. The work provides an overview of the most important documents about whistleblowing in the...
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Whistleblowing
Švandelíková, Klára ; Morávek, Jakub (advisor) ; Pichrt, Jan (referee)
This thesis addresses the subject of whistleblowing. This is currently very topical in the Czech Republic, due to the recent Decree of the Government on measures regarding reporting of suspicious activities in civil service bodies as well as on-going legislative works. These works are aiming to create new law, which aspires to deal with whistleblowing in a more comprehensive manner. The thesis also addresses existing regulations that deal with whistleblowing. The constitutional system offers some rules on which you can base the lawfulness of whistleblowing. Individual regulations can be found in labour law, criminal law, administrative law or civil law. Legislation of protection of personal data and protection of journalistic sources are also relevant. There is still debate as to the exact definition of whistleblowing. In this thesis whistleblowing is defined as reporting harmful or unwanted conduct by internal or third parties, via a specific system of notification relevant to an entity's (in which the reporting occurs) scope. In all cases the informant should be protected from retaliatory measures. This thesis also addresses the history of experience with whistleblowing, in America up to the second half of the 18th century. Part of the thesis is also dedicated to international legislation...
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