Attendance bonus systems as indirect discrimination: A comparative analysis of the Czech Republic and Slovenia

Prohibiting indirect discrimination has been hailed as guaranteeing substantive equality by addressing issues of structural discrimination and inequalities in a way that direct discrimination cannot and will not. However, Article 14, the ECHR's non‐discrimination provision, does not distinguish between direct and indirect discrimination. Only in 2007 the European Court of Human Rights explicitly included the notion of indirect (race) discrimination under Article 14 in DH and Others v Czech Republic, its famous judgment on Roma education segregation. Since then it has applied the prohibition of indirect race discrimination in a limited manner to similar education cases. However, in its recent Grand Chamber decision, Biao v Denmark, the Strasbourg Court started clarifying some unsolved issues in the distinction between direct and indirect discrimination in its case law and finally applied the concept to the much broader area of immigration and citizenship.

In this article, a methodological approach to the topic of the racial discrimination of Roma people in Bulgaria, the Czech Republic and the Russian Federation draws on three models of modus vivendi between Roma people and the majority, including the concepts and forms of direct and indirect discrimination. The core methodology employed in this article is the legal and sociological analysis of various national and international statistics as well as practices of the courts, which are focused upon throughout. The fieldwork within this article deals with the various attitudes of Roma parents to the introduction of Roma assistants in primary schools in the Czech Republic and is enriched with in-depth interviews conducted with Roma teaching assistants. Data from original research in three Czech elementary schools are compared with forms of discrimination in Bulgaria and in the Russian Federation regarding their educational systems.

Public administration does not include provision of public services but only their administration, i.e. all that precedes the conclusion of a public service contract is regulated by administrative law and once the contract is concluded the legal relationships between the parties are regulated by civil law in Lithuania. It is one of the reasons why the institute of administrative contract is not widely recognized in Lithuania, although the Supreme Administrative Court has recognized this institute in several cases. The author also considers why provision of public services in Lithuania is not equated with administrative legal relations and not considered as public administration but as a matter of civil law. Thus, the author analysed the institute of public contract in Lithuania and has proved that these contracts are administrative. The latter statement is based on a series of arguments which prove that publicly offered contracts are not based on the usual principles of contract law (freedom of contract, equality of parties) and are intended to serve the public interest. The research is based on the case law of France, Germany and the Czech Republic which shows the notion of public administration in these countries and diversity of administrative contracts. Noteworthy, in contrast to Lithuania, in these states the institute of administrative contracts is regulated by the laws which regulate public administration (Germany, the Czech Republic) and other laws (France). The starting point of the article is a public interest report given in 1999 by the French State Council. Two concepts of public interest are crystalized in this report – utilitarian and voluntarist. It states that in a country where a separate system of administrative courts is established, public interest must be at the centre of politics, laws, administrative acts, decisions of administrative courts. Thus, in such a country, the functional concept of public administration shall not be unduly narrowed. The researcher seeks to find an answer which concept of public interest the political institutions of Lithuania follow, since there is a tendency to delegate regular state functions to the actors of private sector or to state bodies with a different legal status.

The concept of Administrative Decisions (KTUN) has evolved considerably since the promulgation of the Government Administration Law (AP Law), especially with the broadening of disputed objects to cover governmental actions. This change was further reinforced by Regulation of Supreme Court Number. 2 of 2019, transferring jurisdiction over tort claims against government officials from the GeneralCourts to the Administrative Courts (PTUN). However, its implementation remains challenging, especially regarding the cumulative filing of KTUN and tort lawsuits, remaining unregulated explicitly, as referred to in Supreme Court Decision No. 343 K/TUN/TF/2024 and number 594 K/TUN/TF/2024. The core issues include the ratio legis behind the expanded interpretation of KTUN under AP Law, judicial reasoning in accepting the accumulation of disputed objects and formulating an ideal concept for combining KTUN and factual actions in one claim. This research adopts a normative (doctrinal) method with a casuistic-conceptual approach. The findings indicate that the expansion of KTUN under AP Law aims to enhance legal protection for citizens against administrative actions, promote good governance, ensure governmental accountability, and broaden the supervisory role of PTUN. Supreme Court Decisions Number 343 K/TUN/TF/2024 and Number 594 K/TUN/TF/2024 affirm that cumulative claims involving KTUN and factual actions are permissible when both share a strong legal correlation as part of a single administrative series. The ideal concept of cumulative lawsuits includes close legal relevance, consistency among the object, legal grounds, and claims, support for a swift, simple, and low-cost judicial process, promotion of legal utility, prevention of conflicting rulings, and avoidance of prohibited claim mixing.

(2008). Private International Law in the Czech Republic: Tradition, New Experience and Prohibition of Discrimination on Grounds of Nationality. Journal of Private International Law: Vol. 4, No. 1, pp. 83-105.

'Interference with individual liberty of action in trading, and all restraints of trade themselves, if there is nothing more, are contrary to public policy, and therefore void.' However, legitimate business interests can be protected. Legitimate business interests: customer/trade connections or goodwill (also connection with suppliers); trade secrets or confidential information; and other legitimate interests. In order to be a legitimate means of controlling employees post termination of contract an employer can only seek what a court would regard as 'adequate' protection. A general restraint of trade is not a legitimate protection.

It is indicated that labor activity is a fundamental form of human existence, which goes beyond economic significance and determines the social security of an able-bodied person, forming his professional identity. The implementation of the right to work through the conclusion of an employment contract ensures access to regular earnings, economic independence and socio-economic well-being of the employee. The article offers a comprehensive analysis of the key features characterising the implementation of the principle of equality and the prohibition of discrimination in the process of employee selection. It is established that, given the extent to which contemporary Ukrainian labour law is infused with the normative demands of this principle, the anti-discriminatory orientation of personnel selection procedures is not merely declarative but manifests in the very structure and functioning of these procedures. In particular, the selection process involves the clarification and verification of the candidate’s professional competencies and attributes, enabling the employer to make an objective and comparative assessment of applicants and thereby ensure equal opportunities for the exercise of the right to work. This approach aims to foster a fair decision-making process with respect to the conclusion of employment contracts. At the same time, the article recognises that the selection of personnel is often marked by a significant degree of discretion on the part of the employer – discretion which, if exercised improperly, may result in the infringement of the principle of equality and the emergence of discriminatory practices in the field of labour and employment. To prevent such violations, employers are required to adhere to a set of procedural and substantive standards derived from the principle of equality and the prohibition of discrimination. In particular, the selection process must rely on formalised and standardised methods for evaluating candidates, applying objective and job-related criteria. It must also focus on the professional and business characteristics directly relevant to the specific vacancy, excluding any direct or indirect discriminatory judgments, assumptions, or commentary. Furthermore, the process must guarantee equal opportunity for participation in the competitive selection procedure, including the reasonable accommodation of candidates from vulnerable groups (such as persons with disabilities or pregnant women) to ensure full and meaningful access. Equally important is the requirement that the selection process be properly documented, thereby allowing for transparency, accountability, and subsequent review where necessary. The article concludes by synthesising the principal findings of the research, affirming that the fair and non-discriminatory selection of personnel not only upholds individual labour rights but also enhances the legitimacy and efficiency of recruitment practices in the broader employment system.

Equality or utility? Ethics and law of rationing ventilators

How great an impact has the Human Rights Act 1998 (HRA 1998) had on employment law? Has it proved the damp squib that some predicted?' Have the courts in the United Kingdom continued to marginalise those rights when assessing employment law issues?2 Or has the HRA 1998 given further impetus to the movement towards a reconfiguration of employment law around the idea ofindividual rights.3 After little more than five years of the HRA 1998 being in force, it is too early to answer these questions with confidence, but we can obtain a sense of the direction in which the wind is blowing from recent decisions of the Court of Appeal, particularly that in Copsey v WBB Devon Clays Ltd.4 For the HRA 1998 to have a strong impact on employment law, three crucial legal developments are necessary. First, the courts need to accept that Convention rights have indirect horizontal effect in employment law. Second, the courts must interpret those rights in a way that adjusts their meaning to fit the context of disputes between employers and employees. A final essential development is that, in the assessment of justifications for restrictions on the enjoyment of Convention rights by employees in the workplace, the courts need to recognise that an employer's legitimate business interests should not necessarily prove sufficient to curtail a worker's enjoyment of rights. In relation to these three crucial developments, Copsey confirms that the HRA 1998 has indirect horizontal effect, takes some tentative steps in the direction of a more contextual interpretation of Convention rights in an employment context, but provides only little encouragement with respect to the third essential development of establishing a test ofjustification that requires more than the presentation of a legitimate business purpose. These three hurdles for the HRA 1998 to have a significant impact in employment law will be considered in turn.

Noncompete Clauses Creeping Into Academic Emergency Physician Contracts

Pregnancy is not considered a condition that increases the body's susceptibility to SARS-CoV-2 (severe-acute-respiratory-syndrome-related coronavirus-2) infection, but in the case of infection in pregnancy, there is an increased risk of a more severe course of COVID-19 (coronavirus disease-19). However, the course of infection in pregnancy is mild or asymptomatic in most cases. The main objective of the study in pregnant women with COVID-19 was to prove that the delivery method is not changed, and serious complications do not occur more frequently due to this disease. In a retrospective, observational, multicentric study, the pregnant women positively tested to COVID-19 were admitted and subsequently gave birth in the period from 15 March 2020 to 15 March 2021. Data from the delivery departments of five centers in the Czech Republic during COVID-19 pandemic were analyzed in relation to the delivery method and time, COVID-19 symptoms and potential complications with respect to demographics and comorbidities of pregnant women. COVID-19 positivity was confirmed with PCR (polymerase-chain reaction). The Excel program was used during statistical analysis. During the observed study period, 236 pregnant women with COVID-19 were detected at study centers. Most of the patients were asymptomatic (59.7%). In symptomatic patients, most common symptoms were cough (52.6 %), cold (43.2%) and fever (37.9%), and COVID-19 pneumonia was diagnosed in 8 patients. The delivery was performed vaginally in 52.5% patients, the pregnancy was terminated by C-section (cesarean section) in 44.5%, per VEX (vacuum extractor) in 2.1% and per forcipem in 0.8% cases. The average week of pregnancy at the time of delivery was 38 (29-41) and preterm delivery was performed in 19.1% patients. The study results in pregnant women with COVID-19 demonstrated that the method of delivery was not changed and major delivery and neonatological complications did not develop in most cases. However, two presented serious courses of COVID-19 in pregnant women led to premature terminations of pregnancies. The only associated risk factor was the patient's obesity. Although COVID-19 is a disease that is mostly asymptomatic in pregnant women or with only mild flu-like symptoms, it is associated with increased morbidity and mortality compared to pregnant women without COVID-19. The challenge for the future is the possibility of segregating patients into lowand high-risk groups based on proven risk factors, and consistent vaccination of pregnant women or women planning conception. In critical cases, the correct timing of premature termination of pregnancy and early indication of the beginning of fetal lung maturation is necessary.

The Purest Democrat: Fetal Citizenship and Subjectivity in the Construction of Democracy in Poland

The author engages in protection against discrimination in the labour law of Czech Republic. He makes distinction between positive and negative discrimination. Negative discrimination means such treatment with individual that is not acceptable in society because is based on inequality, denying of rights of individuals or particular groups and this different (unequal) treatment is not based on objective and reasonable grounds. In the labour law it is objective reason that insists in the nature of work. Positive discrimination means that different treatment with individual may seem as unequal but it has a different aim than negative treatment. The purpose of negative discrimination is to deny rights of certain individuals or groups based of discriminating grounds. The text concerns with discrimination prohibition in connection with last progress in this field, it makes an effort to cover basic concepts, it indicates context with evolution in the law of European Union and in national legal systems of selected European states. Author further engages in discrimination prohibition in access to employment in Czech republic, it means relations before employment contract conclusion and in protection against unequal treatment in employment. Attention is also paid to special service legal relations, especially public servants, self-government clerks, soldiers and members of security boards.

Background. Urinary tract infections in pregnant wo­men occupy a leading place in the structure of extragenital patho­logy. The purpose of the study is to determine the etiological features of urinary tract infections in pregnant women. Materials and ­methods. The study included 89 pregnant women with urinary tract infections. The material for microbiological research was urine, the samples of which were collected on the day of hospitalization of a pregnant woman before treatment. Identification of microorganisms was carried out with the use of ­MIKROLATEST® test systems (Erba Lachema, Czech Republic). Preparation of bacterial suspensions with a certain concentration of microbial cells was carried out using Densi-La-Meter electronic device (PLIVA-Lachema a.s., Czech Republic) according to the McFarland scale. Optical density was measured using a Multiskan EX microplate reader (type 355). Results. Escherichia coli, Proteus mirabilis, Proteus vulgaris, Streptococcus pyogenes, Enterococcus faecalis, Klebsiella pneumoniae, Pseudomonas aeruginosa are the leading pathogens of urinary tract infections in pregnant women of the Kharkiv region; Escherichia coli, Proteus mirabilis, Streptococcus pyogenes are predominant ones. The selected spectrum of etiological factors of urinary tract infections does not depend on the age of a pregnant woman. In the etiological structure of the urinary tract infections in pregnant women, Escherichia coli and Proteus mirabilis take the first and the second place during the first three trimesters of pregnancy. The third place in the first trimester belongs to Enterococcus faecalis, in the second trimester — to Proteus vulgaris and Streptococcus pyogenes, in the third trimester — to Streptococcus pyogenes. The etiological structure of urinary tract infections in pregnant women is determined by the topography of the inflammatory process. Thus, in women with asymptomatic bacteriuria, Proteus mirabilis takes the first place, Escherichia coli — the second place, Proteus vulgaris and Enterococcus faecalis — the third place; in acute pyelonephritis, the first place belongs to Escherichia coli, the second place to Streptococcus pyogenes, the third place to Proteus mirabilis, Enterococcus faecalis, Klebsiella pneumoniae; in urethritis, Escherichia coli takes the first place, Enterococcus faecalis, Klebsiella pneumoniae — the second place, Proteus mirabilis, Proteus vulgaris — the third place; in cystitis, the first place belongs to Escherichia coli, the second place to Proteus mirabilis, Proteus vulgaris, Enterococcus faecalis, Klebsiella pneumoniae, Pseudomonas aeruginosa. Conclusions. The etiological features of urinary tract infections with different topography of the inflammatory process of bacterial etiology determined by the authors must be taken into account in the treatment of this category of pregnant women.

Objective justifications in EU competition law refer to legal defences invoked by undertakings to justify behaviour that would otherwise be considered anticompetitive under EU competition rules. In the context of the provisions of art. 102 TFEU, these justifications provide exceptions to the general prohibition of abuse of dominance, permitting companies to engage in activities deemed necessary to achieve legitimate business objectives or serve the public interest. Objective justifications are pivotal in ensuring fair competition within the European Single Market, particularly under Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). While Article 101 TFEU contains an exemption clause, the concept of objective justification in the context of Article 102 TFEU has been developed by the Courts. The entry explores the significance, application, and limitations of objective justifications within the framework of Article 102 TFEU, focusing on key defences, such as: efficiency gains, objective necessity, public interest, legitimate business behaviour. The assessment of objective justifications involves a case-by-case analysis, considering factors such as the conduct's effects on competition, consumer welfare and the fulfilment of a proportionality test. Objective justifications play a crucial role in balancing the enforcement of Article 102 TFEU with the need to allow dominant firms to engage in legitimate business activities. By providing a framework for defending certain conduct, objective justifications ensure that the application of EU competition law remains fair and focused on protecting competition rather than punishing dominance.