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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.
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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