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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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Protection of whistleblowers
Fingerhutová, Kristýna ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Protection of whistleblowers Abstract This diploma thesis deals with whistleblowing and related protection of whistleblowers. The author set herself the goal of analyzing and evaluating the newly adopted Whistleblower Protection Act and to analyze in detail its selected institutes. During the evaluation of advantages and disadvantages of previously mentioned legal regulation and the evaluation of possible practical impacts, the author reached her own conclusions, which were stated in the text of the thesis. The introductory chapter introduces the concept of whistleblowing, the historical background and the connection with the issue of employee loyalty. At the same time, this part of the thesis provides an overview of relevant international legislation and case law. In order to understand the broader context, the thesis further examines the wording of the European Directive as defining a comprehensive and detailed regulatory framework for all EU Member States and discusses some of its substantive provisions. The thesis also provides an overview of the development of legislation in this area in the Czech Republic, including the search for a path to the adoption of the Act. Following this, the main part of the thesis discusses in more detail selected legal institutes of the Act that have been discussed as...
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Legal regulation of whistleblowing in Czech Republic
Dobiášová, Lucie ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Legal regulation of whistleblowing in Czech Republic Abstract This rigorous thesis addresses the current topic of legal regulation of whistleblowing in the Czech Republic. The aim of this rigorous thesis is to provide a general insight into the issue of whistleblowing. The thesis is divided into five parts, which successively analyse the current state of legal regulation, the history of whistleblowing in the Czech Republic, and its development in an international context, the fundamental problems and challenges associated with the protection of whistleblowers, and finally, a detailed examination of the proposed new law on the protection of whistleblowers in the context of the Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of Union law. In the introduction, this thesis focuses on the definition of whistleblowing, examines the history of whistleblowing in the Czech Republic and abroad, and discusses the concept of whistleblowing in the legal system. The work also presents the main problems and challenges associated with the protection of whistleblowers in the Czech Republic, such as the consequences of the futile expiration of the transposition period and the resulting consequences. In the central part of the work, the...
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Whistleblowing
Miková, Hana ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
1 Whistleblowing Abstract The thesis deals with the constantly increasing issue of Whistleblowing problematics. Adoption of the Directive on the protection of persons who report breaches of Union law imposes an obligation to the EU Member States to transpose the Directive by 17 December 2021. By the date of finalization of this thesis, the Czech Republic has not complied with this obligation yet and is therefore in a delay for more than one year. The forthcoming Whistleblower Protection Act which would implement the Directive into the Czech law has already passed its first reading in the Chamber of Deputies and is very likely to be adopted soon. The aim of this thesis is to introduce the concept of whistleblowing and its development. It also describes what the introduction of an internal whistleblowing system into internal processes entails, how the regulations govern whistleblowing-related institutes across the Czech law, but also to analyze the current draft of the Whistleblower Protection Act in detail and to present prior legislate attempts. The first chapter is dedicated to the concept and development of whistleblowing in the world and in the Czech Republic. It explains the meaning of whistleblowing and the link between whistleblowing and internal compliance. In relation to the development of...
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Protection against corruption and bribery and their prevention
Faltusová, Eva ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
PROTECTION AGAINST CORRUPTION AND BRIBERY AND THEIR PREVENTION The purpose of this thesis is to analyse the phenomenon of corruption and to describe the relevant legislation, which either states the illegality of the matter or is important as a part of the actions taken against corruption. The main reason why the author has chosen this topic is possibly the frustration about the strong corruption climate in the Czech Republic and also the fear that the country is - concerning this issue - not moving forward at all. The motive was to find out the reasons of this situation and to analyse whether the legislation covering this area is sufficient. This work consists of an introduction, three chapters, each of them dealing with different aspects of the topic, and the conclusion. In the introduction, the author describes the reasons for choosing the topic and summarises the content of the thesis. The purpose of the first chapter, which consists of four parts, is a description of the term "corruption". It gives a number of definitions and tries to further explain the meaning by presenting different types of corruption. The third part states the origins of the phenomenon and the fourth part describes the ways to measure it. The chapter two is focused on the occurrence of corruption within the Czech...
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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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