| Abstract [eng] |
Protection of the Interests of the Company and its Shareholders under the European Convention for the Protection of Human Rights and Fundamental Freedoms This Master's thesis analyzes and assesses the rights of the company and its shareholders as indicated in the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). This work focuses on the case law of the European Court of Human Rights (ECtHR), which clarifies the content of the articles of the ECHR and helps to assess the protection granted to the company and its shareholders. The first part of thesis, mainly based on legal doctrine, reveals the problems of the protection of interests of the company and its shareholders. In further it establishes the rights of the companies under the ECHR, assesses the need for companies to grant the protection of rights guaranteed by the ECHR, and distinguishes basic positions provided in the doctrine. It separately discloses the role of shareholders in the company, determines, which shareholders' interests are protected by the ECHR and where the main problem arises as to the protection of shareholders' interests. The second part of thesis analyzes the rights granted to companies by the ECHR. The ECtHR case law on the direct application of the ECHR enshrines the protection of property rights and other rights recognized in the ECtHR case law, such as procedural rights, the right to respect companies home, freedom of expression and the right to just satisfaction. The third part of thesis, mainly based on the ECtHR case law, deals with the rights guaranteed by the ECHR, which protect the interests of shareholders. The paper analyzes how the ECtHR practice of ownership of shares is implemented, discusses the shareholder's locus standi regarding the harm done to the company and the shareholder's responsibility for the company's obligations. |
