BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

often considered an unwanted governmental intrusion into the freedom of enterprises. On the other hand, in the so-called coordinated market economies, such as Germany or France, CSR seems to be considered more as a kind of negotiated public responsibility with possible legal and judicial consequences. 5 In general, we can observe different kinds of legal aspects of CSR: 1.) Soft law, mainly at the international level, such as the UN Global Compact 6 or the OECD Guidelines for Multinational Enterprises; 7 2.) Indirect regulation including e.g. conditions for the eligibility for public procurement; 8 3.) Direct regulation focusing on CSR as such 9 or concerning issues that are traditionally viewed as a part of CSR (selected provisions of criminal and administrative law, as well as of tort law, corporate law, contract law, labour law, or regulation of legal aspects of unilateral statements such as public promise or public offer so that they could also cover CSR codes); 4.) Judicial enforcement of CSR commitments or judicial recognition of the legal relevance of CSR commitments for the dispute before the court or tribunal; 10 and 5.) Legal theory that develops the concept of the horizontal effect of fundamental rights that further extends the scope of obligations of companies vis-à-vis private individuals as well as society or the environment as such. 11 Incentives and limits for inclusion of selected aspects of CSR into Czech law When we focus on the Czech Republic, which we can classify as a liberal market economy, we find the right to engage in enterprise and pursue other economic activity enshrined at the constitutional level in Article 26 (1) of the Charter of Fundamental Rights and Freedoms (the Charter). Yet, according to Article 41 (1) of this Charter, this fundamental right may be claimed only within the confines of the laws implementing these provisions. 12 Therefore, there may be, and indeed are, legislative limitations of the 5 For the intuitive, yet indicative character of this argument, see BECKERS, A., KAWAKAMI, M. T.: Why Domestic Enforcement of Private regulation Is (Not) the Answer: Making and Questioning the Case of Corporate Social Responsibility Codes. 24 Indiana Journal of Legal Studies 2017, p. 1 and foll. 6 https://www.unglobalcompact.org 7 http://mneguidelines.oecd.org/guidelines/ 8 In the EU, see e.g. art. 18 (2) of the Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement: ”Member States shall take appropriate measures to ensure that in the performance of public contracts economic operators comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X.“ and similar provisions in other sectoral directives on public procurement, e.g. Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors. 9 In the EU e.g. Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups. 10 See in detail the contribution of prof. Pavel Šturma in this volume. 11 See in detail the contribution of dr. Pavel Ondřejek in this volume. 12 The English translation of the Charter of Fundamental Rights and Freedoms, published as act No. 2/1993

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