Main Content

Issue 2013-01

SOCIETAS ET IURISPRUDENTIA – ISSUE 2013-01

FULL VERSION OF ISSUE 2013-01 (pp. 1-274, PDF, 5930 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in Slovak, PDF, 314 kB)
Editorial Board (in English, PDF, 304 kB)
Contents (pp. 7-8, in Slovak, PDF, 348 kB)
Contents (pp. 9-10, in English, PDF, 348 kB)

STUDIES

Information for Authors (pp. 255-260, in Slovak, PDF, 443 kB)
Information for Authors (pp. 261-266, in English, PDF, 441 kB)
Code of Ethics (pp. 267-270, in Slovak, PDF, 405 kB)
Code of Ethics (pp. 271-274, in English, PDF, 402 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)

Abstracts 2013-01

FULL VERSION OF ISSUE 2013-01 (pp. 1-274, PDF, 5930 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in English, PDF, 304 kB)
Contents (pp. 9-14, in English, PDF, 348 kB)

Helena Barancová
Foreword to the Initial Issue of the SOCIETAS ET IURISPRUDENTIA (pp. 13-14, in English, PDF, 341 kB)
Jana Koprlová
Editorial for Winter Edition SOCIETAS ET IURISPRUDENTIA 2013 (pp. 19-22, in English, PDF, 401 kB)

STUDIES

Rudolf Welser
The ABGB as Masterpiece of Codification (pp. 23-32, in German, PDF, 600 kB)

Abstract: The presented study clarifies the uniqueness and originality of the Allgemeines bürgerliches Gesetzbuch – the Civil Code of Austria as a masterpiece of codification, where the author especially merits and strengths of the ABGB, formation of the rationalist natural law, language and vital force of the ABGB as well as its amendments and overhaul stresses and in detail explains.

Key Words: The Allgemeines bürgerliches Gesetzbuch – the Civil Code of Austria (ABGB); Merits and Strengths of the ABGB-Civil Code; History of the ABGB-Civil Code; Formation of the Rationalist Natural Law; Language of the ABGB-Civil Code; Vital Force of the ABGB-Civil Code; ABGB-Civil Code Amendments and Overhaul; Austria.

Maximilian Fuchs
The Implementation of Principle of Equal Treatment by the Directive on Temporary Agency Work (pp. 33-59, in German, PDF, 737 kB)

Abstract: Through adoption of the Directive 2008/104/EC the European legal framework for temporary agency work has been set. The long duration of the legislative process by this form of atypical employment can be explained quite substantially through the controversial positions regarding the principle of equal treatment. The following study presents the principle of equal treatment on the background of the history of its formation and discusses the implementation of the directive in various member states.

Key Words: Temporary Agency Work; European Legal Framework for Temporary Agency Work; Directive on Temporary Agency Work (2008/104/EC); Principle of Equal Treatment; Implementation of Principle of Equal Treatment; Member States of the European Union.

Helena Barancová
Collective Agreement Law in Slovakia (pp. 60-84, in German, PDF, 740 kB)

Abstract: The presented study clarifies in detail the questions of the collective agreement law in Slovakia, where the author pays a special attention to following essential areas: I. Historical background of the collective agreement law on the territory of Slovakia, II. Constitutional basis of the collective law and its basic characteristics, III. Collective agreements and IV. Collective disputes.

Key Words: Collective Agreement; Collective Agreement Law; Collective Agreement Bargaining; Collective Agreement Parties; Collective Disputes; Slovakia.

Juraj Jankuv
International Legal Liability for Injurious Consequences Arising Out of Acts Not Prohibited by International Law (pp. 85-132, in Slovak, PDF, 919 kB)

Abstract: The aim of this study is to define theoretical frame of institute of liability for injurious consequences of actions those are not prohibited by international law, to identify differences between this institute and the institute of responsibility for internationally wrongful acts, to outline the historical development of rules on liability for injurious consequences of actions, which are not prohibited by international law, to analyze relevant codification activities of the UN International Law Commission, to explore the related treaty arrangements relating to the liability of States, as well as related treaty arrangements enshrining civil liability of the operators of each activity. Mentioned analyses will form the basis for a summary of the most important features of the international legal institute of liability for injurious consequences of activities those are not prohibited by international law.

Key Words: International Public Law; Liability of States; Liability of Operators; Damage; Injurious Consequences of Activities Not Prohibited by International Law; Outer Space; Nuclear Energy; Environment; Maritime Law; Disposal of Wastes.

Dagmar Lantajová
Judicature of International Judicial and Quasi-Judicial Bodies in the Field of Human Rights Related to Romany Ethnic Group (pp. 133-174, in Slovak, PDF, 859 kB)

Abstract: The study refers to the judicature of international bodies related to the protection of minorities, particularly Romany ethnic group. Quasi-judicial authorities in the context of universal protection of human rights as well as the European Court of Human Rights and the Court of Justice of the European Union concern this issue within their jurisdiction. In the universal protection of human rights it is particularly the Committee on the Elimination of Racial Discrimination that is monitoring the observance of the International Convention on the Elimination of All Forms of Racial Discrimination which provisions protect minorities from discrimination of racial character. The European Court of Human Rights, in the assessment of the states discriminatory conduct, mainly proceeds from the provisions of Article 14 of the European Convention on Human Rights and Fundamental Freedoms (1950) as well as Protocol No. 12 to this Convention. Under the EU law it is mainly about the compliance with Directive 2000/43/EC (20th June 2000), implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. Although the number of the applications related to discrimination against the Roma (especially on the Strasbourg court) is not small, the racial discrimination has been recognised only in some cases.

Key Words: Human Rights; International Treaties; Human Rights Treaty Bodies; The Council of Europe; The European System for the Protection of Human Rights; The European Court of Human Rights; Racial Discrimination; Romany Ethnic Group; Court of Justice of the European Union; Discrimination.

Daniel Krošlák
Nuremberg Laws (pp. 175-190, in Slovak, PDF, 773 kB)

Abstract: Anti-Semitism as the official government policy in Germany has been enforced before the adoption of the Nuremberg racial laws of September 15th, 1935 (the first anti-Semitic regulation is considered to be the Law for the Restoration of the Professional Civil Service, passed on April 7th, 1933). The Nuremberg racial laws – the Reich Citizenship Law and the Law for the Protection of German Blood and German Honor – have been prepared very hastily and did not address several issues (e.g. the definition of “Jew”). In the following years several supplementary decrees were therefore adopted and other laws were passed those have opened the space for implementation of anti-Jewish policy, which have culminated into a systematic genocide of Jews in Europe (Endlösung der Judenfrage).

Key Words: Nuremberg Laws; Anti-Semitic Legislation; Adolf Hitler; Jews; the Third Reich; Germany.

Květa Kubátová
The Impact of Implicit Rates on Corporate Tax Revenue in the EU Countries (pp. 191-203, in English, PDF, 709 kB)

Abstract: The aim of this study is to determine whether in corporate income tax sphere exists the competition between states, which allows states with lower tax burdens to get higher tax revenues for the benefit of their budgets. The hypothesis is verified through a simple regression analysis using cross-sectional data for 17 EU countries in 2011. It has been found that the elasticity of the corporate income tax share in the GDP with respect to the implicit tax rate is 0.59 and the elasticity of corporate income tax per capita is 1.07 %. Both elasticities are positive, what indicates that tax competition by reducing the effective taxation of corporations hasn’t been detected.

Key Words: Tax Competitiveness; Corporation Income Tax CIT; Implicit Tax Rate; Tax Revenue; Analysis; the European Union Countries.

Nevenka Podgornik
The Prevention of Social Exclusion in Connection with Education (pp. 204-223, in Slovenian, PDF, 725 kB)

Abstract: Since the 1988, the European Community emphasizes in its documents the social exclusion as one of the basic social problems that the member states have to fight. At the end of the eighties, the European Commission also started to perform the third action program known as Poverty 3 Programme (orig. Medium Term Action Programme to Foster the Economic and Social Integration of the Least Privileged Groups) and from then on the concept of social exclusion has become a part of the official vocabulary of the European Union. In this study, we present the review of the basic strategic documents in the sphere of prevention of social exclusion in connection with education and as an example of vulnerable population groups we expose the immigrants and their descendants. We also elaborated starting-points for the composition of an evaluation of relevant documents.

Key Words: Social Exclusion; European Documents; Vulnerable Population Groups; Immigrants; Integration; Evaluation of Documents; Slovenia.

Daina Šķiltere – Svetlana Jesiļevska
Aspects of Properly-Functioning National Innovation System: The Case of Latvia (pp. 224-245, in English, PDF, 1232 kB)

Abstract: Innovation support policies should take into consideration all particular qualities of national innovation system in the country, not being one-size-fits-all, in this case, the analysis of strengths and weaknesses of national innovation system is extremely important. Most valuable in this context are policies aiming to improve co-operation between the enterprises and institutions in the innovation system and to increase the innovative capacity of enterprises, in particular their ability to identify and absorb new technologies. Until now, little analysis on the Latvian innovation system was made. The study aims to analyze the Latvian national innovation system and to discuss aspects of properly-functioning Latvian national innovation system. This research allows the policy-makers to investigate the mismatch between policies and problems and to identify policy gaps.

Key Words: National Innovation System; Innovation Co-operation; Statistical Information; Financial System; Innovative Technology; Latvia.

Ľubomíra Gertler
Roles and Uses of Risk-Free Assets (pp. 246-254, in English, PDF, 846 kB)

Abstract: Looking into the concept of a risk-free rate we distinguish the two different streams. One takes into account a store of value in a safe investment (e.g. for pension funds or minimum provisioning via accumulation of cheap zero-risk weight assets) and another makes use of such measure as a proxy for quantification of risk. We are addressing a discrepancy between the two concepts since it creates a gap that may triggers imbalances in financial markets.

Key Words: Risk-Free Assets; Concepts of Risk-Free Assets; Risk-Free Rate; German Bund; Overnight Indexed Swap; Quantification of Risk; Imbalances in Financial Markets.

Information for Authors (pp. 261-266, in English, PDF, 441 kB)
Code of Ethics (pp. 271-274, in English, PDF, 402 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)