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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 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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