Pub Date : 2023-12-04DOI: 10.14712/23366478.2023.43
Martin Kopecký
Laws regulating the legal status of individuals who professionally perform tasks of public administration (such as civil servants, police officials, appointed or elected representatives of administrative authorities, etc.) impose certain requirements on these individuals. One of these requirements is criminal integrity, which means that these individuals should not have a criminal conviction. The laws regulating the legal status of various categories of public employees differ in terms of whether they prohibit individuals convicted of intentional crimes from performing public tasks, or if they also include individuals convicted of criminal negligence. Furthermore, different laws handle the consequences of initiating criminal proceedings differently. This paper examines the laws that regulate the legal status of different categories of public employees and highlights the common elements and differences among these laws. The analysis concludes by outlining general rules that should be applied to all public employees.
{"title":"Důsledky trestního řízení pro postavení zaměstnanců veřejné správy","authors":"Martin Kopecký","doi":"10.14712/23366478.2023.43","DOIUrl":"https://doi.org/10.14712/23366478.2023.43","url":null,"abstract":"Laws regulating the legal status of individuals who professionally perform tasks of public administration (such as civil servants, police officials, appointed or elected representatives of administrative authorities, etc.) impose certain requirements on these individuals. One of these requirements is criminal integrity, which means that these individuals should not have a criminal conviction. The laws regulating the legal status of various categories of public employees differ in terms of whether they prohibit individuals convicted of intentional crimes from performing public tasks, or if they also include individuals convicted of criminal negligence. Furthermore, different laws handle the consequences of initiating criminal proceedings differently. This paper examines the laws that regulate the legal status of different categories of public employees and highlights the common elements and differences among these laws. The analysis concludes by outlining general rules that should be applied to all public employees.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"19 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138601728","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-04DOI: 10.14712/23366478.2023.52
T. Kučera
This study is focused on the consequences of a final conviction in criminal proceedings on the military service of a professional soldier in comparison with the employment of an employee. To provide a better understanding, a basic description of termination of both relationships is offered prior to examination of the main subject of the paper. Further on, the consequences of a final conviction in criminal proceedings on the military service of a professional soldier and on the employment of an employee are reviewed with a finding of great similarities. First of all, before the very formation of the relationship, a candidate’s clean criminal record is a must-have in case of military service and might be a must-have in case of some (specific) employment. Secondly, in case of a conviction and sentence to imprisonment (with no specific length of imprisonment) for an intentional crime, a professional soldier must be dismissed from the military service but an employee may (in regular cases) be dismissed only if they are sentenced to imprisonment for six (or twelve) months for an intentional crime. Finally, the study offers proposals de lege ferenda. One of them is to remove the necessity of giving a convicted soldier an extra two months after the final conviction is delivered by court before soldier’s military service is terminated. Another is to dispose of the limitation for the employer consisting of the prohibition of termination of employment with protected employees (pregnant employee, employee on maternity or paternal leave).
{"title":"Porovnání zániku služebního poměru vojáka z povolání a skončení pracovního poměru zaměstnance coby možného následku pravomocného odsouzení v trestním řízení","authors":"T. Kučera","doi":"10.14712/23366478.2023.52","DOIUrl":"https://doi.org/10.14712/23366478.2023.52","url":null,"abstract":"This study is focused on the consequences of a final conviction in criminal proceedings on the military service of a professional soldier in comparison with the employment of an employee. To provide a better understanding, a basic description of termination of both relationships is offered prior to examination of the main subject of the paper. Further on, the consequences of a final conviction in criminal proceedings on the military service of a professional soldier and on the employment of an employee are reviewed with a finding of great similarities. First of all, before the very formation of the relationship, a candidate’s clean criminal record is a must-have in case of military service and might be a must-have in case of some (specific) employment. Secondly, in case of a conviction and sentence to imprisonment (with no specific length of imprisonment) for an intentional crime, a professional soldier must be dismissed from the military service but an employee may (in regular cases) be dismissed only if they are sentenced to imprisonment for six (or twelve) months for an intentional crime. Finally, the study offers proposals de lege ferenda. One of them is to remove the necessity of giving a convicted soldier an extra two months after the final conviction is delivered by court before soldier’s military service is terminated. Another is to dispose of the limitation for the employer consisting of the prohibition of termination of employment with protected employees (pregnant employee, employee on maternity or paternal leave).","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"23 26","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138602456","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-04DOI: 10.14712/23366478.2023.44
Jakub Morávek
The paper is focused on the topic whistleblowing. The paper discusses the new whistleblowers act. The attention is focused on the scope of the legislation, the conceptual definition of protected reporting and on the position of the relevant person. The conclusions reached are applicable both to the civil service and to labour law relationships.
{"title":"Ochrana oznamovatelů (nejen) ve státní službě","authors":"Jakub Morávek","doi":"10.14712/23366478.2023.44","DOIUrl":"https://doi.org/10.14712/23366478.2023.44","url":null,"abstract":"The paper is focused on the topic whistleblowing. The paper discusses the new whistleblowers act. The attention is focused on the scope of the legislation, the conceptual definition of protected reporting and on the position of the relevant person. The conclusions reached are applicable both to the civil service and to labour law relationships.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"80 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138604441","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-04DOI: 10.14712/23366478.2023.49
Patrik Stonjek
The topic of this paper is the conflict of interest of close persons in the civil service, specifically in the context of selection procedures. The present text focuses on the existing rules that address conflicts of interest in the selection board members and applicants for recruitment. The paper also discusses, in passing, the employment context.
{"title":"Služební poměr a střet zájmů u osob blízkých","authors":"Patrik Stonjek","doi":"10.14712/23366478.2023.49","DOIUrl":"https://doi.org/10.14712/23366478.2023.49","url":null,"abstract":"The topic of this paper is the conflict of interest of close persons in the civil service, specifically in the context of selection procedures. The present text focuses on the existing rules that address conflicts of interest in the selection board members and applicants for recruitment. The paper also discusses, in passing, the employment context.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"37 19","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138601515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-04DOI: 10.14712/23366478.2023.57
Kristina Koldinská
Book review on Pichrt, Jan – Tomšej, Jakub a kol. Nad vymezením závislé práce. Praha: Wolters Kluwer, 2023, 136 s.
{"title":"Pichrt, Jan – Tomšej, Jakub a kol. Nad vymezením závislé práce","authors":"Kristina Koldinská","doi":"10.14712/23366478.2023.57","DOIUrl":"https://doi.org/10.14712/23366478.2023.57","url":null,"abstract":"Book review on Pichrt, Jan – Tomšej, Jakub a kol. Nad vymezením závislé práce. Praha: Wolters Kluwer, 2023, 136 s.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"37 23","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138603774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-04DOI: 10.14712/23366478.2023.45
Jakub Tomšej
The article discusses the application of the principle of equal treatment and the prohibition of discrimination in the context of public service. While employees who feel discriminated against often resort to legal action in civil courts or raise discrimination claims in other civil proceedings, the situation in employment relationships within the public service is less clear. The author examines how the law on public service refers to the relevant provisions of the Labor Code and explores the compatibility of the regulations designed for employment relationships with the specific nature of public service relationships. The article also emphasizes the importance of addressing discrimination claims in the appropriate procedural framework. Despite the increased element of subordination in public service, the principle of equal treatment and the prohibition of discrimination can still be invoked by public servants, as European law does not allow otherwise. The article analyzes the case law of the Czech supreme courts and its consequences.
{"title":"Uplatňování zákazu diskriminace ve státní službě","authors":"Jakub Tomšej","doi":"10.14712/23366478.2023.45","DOIUrl":"https://doi.org/10.14712/23366478.2023.45","url":null,"abstract":"The article discusses the application of the principle of equal treatment and the prohibition of discrimination in the context of public service. While employees who feel discriminated against often resort to legal action in civil courts or raise discrimination claims in other civil proceedings, the situation in employment relationships within the public service is less clear. The author examines how the law on public service refers to the relevant provisions of the Labor Code and explores the compatibility of the regulations designed for employment relationships with the specific nature of public service relationships. The article also emphasizes the importance of addressing discrimination claims in the appropriate procedural framework. Despite the increased element of subordination in public service, the principle of equal treatment and the prohibition of discrimination can still be invoked by public servants, as European law does not allow otherwise. The article analyzes the case law of the Czech supreme courts and its consequences.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"46 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138602030","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-04DOI: 10.14712/23366478.2023.46
J. Vácha, Jan Pichrt
The aim of this article is to draw attention to the non-compliance of Czech enactment and possibilities of collective bargaining in civil service in the light of non-legally binding interpretation of responsible state institution (Department of civil service) with the requirements of the Conventions n. 98 and 154 of International Labour Organization, which the Czech Republic ratified and hence are legally binding, and with decisions of the Freedom of Association Committee relevant for these Conventions. After several years, the area of law is regrettably still unclear and considerably disputable as regards its interpretation.
{"title":"Úvahy nad (ne)možnostmi kolektivního vyjednávání ve státní službě ve světle mezinárodních pracovněprávních norem","authors":"J. Vácha, Jan Pichrt","doi":"10.14712/23366478.2023.46","DOIUrl":"https://doi.org/10.14712/23366478.2023.46","url":null,"abstract":"The aim of this article is to draw attention to the non-compliance of Czech enactment and possibilities of collective bargaining in civil service in the light of non-legally binding interpretation of responsible state institution (Department of civil service) with the requirements of the Conventions n. 98 and 154 of International Labour Organization, which the Czech Republic ratified and hence are legally binding, and with decisions of the Freedom of Association Committee relevant for these Conventions. After several years, the area of law is regrettably still unclear and considerably disputable as regards its interpretation.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"33 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138604004","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-04DOI: 10.14712/23366478.2023.47
Martin Štefko
The subject of this article is the regulation of compensation for injury caused by a service accident to a civil servant. It is a sad example that service law does not offer unarmed civil servants a better regulation of injury compensation, even if they have suffered such injury because of the violence of a client to whom they were providing services in the interest of the Czech Republic. In conclusion, it is noted that even the Czech Republic cannot afford to squander the potential of its civil servants by not providing them with tangible benefits in the event of an on-duty injury, as such civil servants will not normally be motivated to perform their civil service effectively. We use the Swiss regulation and case law to depict that Swiss case law is and should be an inspiration even for Czech judges. A key observation concerns Swiss case law on the test applied in assessing whether or not mental illness is an occupational disease.
{"title":"Odškodnění újmy způsobené neozbrojenému státnímu zaměstnanci služebním úrazem","authors":"Martin Štefko","doi":"10.14712/23366478.2023.47","DOIUrl":"https://doi.org/10.14712/23366478.2023.47","url":null,"abstract":"The subject of this article is the regulation of compensation for injury caused by a service accident to a civil servant. It is a sad example that service law does not offer unarmed civil servants a better regulation of injury compensation, even if they have suffered such injury because of the violence of a client to whom they were providing services in the interest of the Czech Republic. In conclusion, it is noted that even the Czech Republic cannot afford to squander the potential of its civil servants by not providing them with tangible benefits in the event of an on-duty injury, as such civil servants will not normally be motivated to perform their civil service effectively. We use the Swiss regulation and case law to depict that Swiss case law is and should be an inspiration even for Czech judges. A key observation concerns Swiss case law on the test applied in assessing whether or not mental illness is an occupational disease.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"24 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138604153","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-04DOI: 10.14712/23366478.2023.55
Denisa Hlušičková, Ondřej Vícha
The following paper traces the circumstances of the 2000 mining accident in the Romanian town of Baia Mare, which has been described as one of the worst environmental disasters since Chornobyl. Following this, the authors analyze the international legislation in force at the time of this accident and mention two types of obligations resulting from international treaties in force at the time, to which Romania was also a contracting party. At the turn of the millennium, there was a lack of legislation at the international and European Commission level to regulate this waste management process, making the whole process riskier and, in some cases, was also the reason for mining accidents associated with cyanide leaks into the environment. The authors describe the changes in international law adopted in response to the mining accidents, cite the case-law of the ECtHR related to the Baia Mare accident case (case Tǎtar v Romania). The authors leave aside the European and Czech aspects of the issue, which they will focus on in a separate article.
{"title":"Přeshraniční znečištění v případu úniku kyanidu z těžebního provozu v Baia Mare: mezinárodněprávní aspekty","authors":"Denisa Hlušičková, Ondřej Vícha","doi":"10.14712/23366478.2023.55","DOIUrl":"https://doi.org/10.14712/23366478.2023.55","url":null,"abstract":"The following paper traces the circumstances of the 2000 mining accident in the Romanian town of Baia Mare, which has been described as one of the worst environmental disasters since Chornobyl. Following this, the authors analyze the international legislation in force at the time of this accident and mention two types of obligations resulting from international treaties in force at the time, to which Romania was also a contracting party. At the turn of the millennium, there was a lack of legislation at the international and European Commission level to regulate this waste management process, making the whole process riskier and, in some cases, was also the reason for mining accidents associated with cyanide leaks into the environment. The authors describe the changes in international law adopted in response to the mining accidents, cite the case-law of the ECtHR related to the Baia Mare accident case (case Tǎtar v Romania). The authors leave aside the European and Czech aspects of the issue, which they will focus on in a separate article.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"35 37","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138601326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-04DOI: 10.14712/23366478.2023.53
Vladimír Sládeček
The article deals with the development of the legal regulation, more precisely with the statutory regulation, of the organization of the State Police (of the Czech Republic). The first part of the article gives an outline of the development of the legal regulation of State Police between 1947 and 1989. A more detailed account is then given to the development of the organization of the State Police after the serious political changes at the end of 1989. The second part of the paper is focused on the adoption of the Act No. 283/1991 Sb., on the Police of the Czech Republic, and its regulations regarding the organization of the State Police until its abolition in 2008. This section also recalls the debate on the new law on the State Police, which was prepared in 2000, but has not been submitted to Parliament. The new legislation, implemented by Act No. 273/2008 Sb., on the Police of the Czech Republic, is analyzed in terms of the organization of the Police in the third part of the paper. The conclusion contains an assessment of the current legislation, inter alia, in terms of access to information on the organization of the Police.
{"title":"K organizaci státní policie","authors":"Vladimír Sládeček","doi":"10.14712/23366478.2023.53","DOIUrl":"https://doi.org/10.14712/23366478.2023.53","url":null,"abstract":"The article deals with the development of the legal regulation, more precisely with the statutory regulation, of the organization of the State Police (of the Czech Republic). The first part of the article gives an outline of the development of the legal regulation of State Police between 1947 and 1989. A more detailed account is then given to the development of the organization of the State Police after the serious political changes at the end of 1989. The second part of the paper is focused on the adoption of the Act No. 283/1991 Sb., on the Police of the Czech Republic, and its regulations regarding the organization of the State Police until its abolition in 2008. This section also recalls the debate on the new law on the State Police, which was prepared in 2000, but has not been submitted to Parliament. The new legislation, implemented by Act No. 273/2008 Sb., on the Police of the Czech Republic, is analyzed in terms of the organization of the Police in the third part of the paper. The conclusion contains an assessment of the current legislation, inter alia, in terms of access to information on the organization of the Police.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"36 23","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138602705","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：