Main Content

Issue 2015-03

SOCIETAS ET IURISPRUDENTIA – ISSUE 2015-03

FULL VERSION OF ISSUE 2015-03 (pp. 1-246, PDF, 4811 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in Slovak, PDF, 311 kB)
Editorial Board (in English, PDF, 307 kB)
Contents (pp. 7-8, in Slovak, PDF, 351 kB)
Contents (pp. 9-10, in English, PDF, 346 kB)

STUDIES

ESSAYS

REVIEWS

INFORMATION

Information for Authors (pp. 227-232, in Slovak, PDF, 446 kB)
Information for Authors (pp. 233-238, in English, PDF, 438 kB)
Code of Ethics (pp. 239-242, in Slovak, PDF, 405 kB)
Code of Ethics (pp. 243-246, in English, PDF, 397 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)

Abstracts 2015-03

FULL VERSION OF ISSUE 2015-03 (pp. 1-246, PDF, 4811 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in English, PDF, 307 kB)
Contents (pp. 9-10, in English, PDF, 346 kB)

Jana Koprlová
Editorial for Autumn Edition SOCIETAS ET IURISPRUDENTIA 2015 (pp. 16-20, in English, PDF, 492 kB)

STUDIES

Andrea Olšovská – Miriam Laclavíková
Termination of Employment under the Slovak Legislation (pp. 21-40, in English, PDF, 696 kB)

Abstract: The study represents an outline of the ways of employment termination under the Slovak labour law (agreement on termination of employment relationship, notice by the employee, notice by the employer, immediate termination of employment, termination of employment within a probationary period). In particular, it focuses on the problematic part of legislation (e.g. termination of employment by the employer for the breach of labour discipline and dismissal by the employer due to employee’s redundancy) and on the claims arising from an invalid termination of employment.

Key Words: Labour Law; Labour Code; Termination of Employment; Agreement on the Termination of the Employment Relationship; Notice by the Employee; Notice by the Employer; Immediate Termination of Employment; Termination of Employment within a Probationary Period; Claims Arising from Invalid Termination of Employment; the Slovak Republic.

Marianna Novotná – Jakub Handrlica
Act on Civil Liability for Nuclear Damage and Its Financial Coverage as a New Source of the Slovak Liability Nuclear and Civil Legislation (pp. 41-70, in English, PDF, 736 kB)

Abstract: The study is dedicated to the key amendments of legislation regarding civil liability for nuclear damage occurring as of the effective date of January 1st, 2016, by virtue of new law which regulates civil law aspects of compensation of nuclear damage and related issues. Based on detailed analysis of new legislation the authors offer their opinion to the realized amendments, whereas they are trying to assess their actual impact on the aggrieved persons on one side as well on operator as a liable person on the other side. The authors do not avoid demonstration of possible application complications, whether persisting from the original Atomic Act or those which may arise out of the new legislation.

Key Words: Civil Liability; Act on Civil Liability for Nuclear Damage; Vienna Convention on Civil Liability for Nuclear Damage; Nuclear Damage; Operator of Nuclear Installation; Substantive Causal Court Jurisdiction; the Slovak Republic.

Peter Vyšný
Investigation of the Aztec Law and Its Basic Problems (pp. 71-103, in German, PDF, 819 kB)

Abstract: The term “Aztecs” is being mostly used as a collective name of the inhabitants of three in the Valley of Mexico (in Central Mexico) situated allied prehispanic city-states Tenochtitlan, Texcoco, and Tlacopan. Although in recent decades various aspects of the Aztec culture have been intensively researched, no systematic interest awakened for the Aztec law. The study deals with the current state of research of the Aztec law, the written and unwritten sources of its knowledge, its fundamental characteristics as a research object, and its social and cultural-historical context. The paper shows that a systematic research of the Aztec law should focus not only on the Aztec law as such, but also on its social, economic, political, and cultural contexts as well as on the Aztec worldview (ideology, religion).

Key Words: Aztecs; Law; State of Knowledge; Sources; Object of Investigation; Context; Tenochtitlan; Texcoco; Tlacopan; Mexico.

Jana Knežová
Financial Resources of Municipalities in the Slovak Republic with Regard to a Decade Reflection of Fiscal Decentralization (pp. 104-144, in Slovak, PDF, 1114 kB)

Abstract: On January 1st, 2015, ten years have passed since the implementation of the new system of financing the municipalities in the Slovak Republic established through the process of fiscal decentralization. The fiscal decentralization was realized to strengthen the relative financial autonomy of local governments by managing their own resources. The main goal was to support the local and regional self-governments to become stable and efficient subsystem of the public administration. Decade of existence of new legislative funding rules for local self-government gives a great opportunity for a critical assessment of the development of the municipal financing system, with regard to the challenges in the external environment as well as internal problems by financial ensuring of public goods and services. This study focuses mainly on analyzing the possibilities of multi-source funding of municipalities in terms of the most important incomes in the local budgets and on assessing the impact of the key changes on the development of their financial management. The results show still relatively strong dependence on centralized incomes and other external sources. Different factors contributed to the financial instability, in particular the global financial crisis, long-unsolved problems in connection with fragmented settlement structure as well as the associated lack of capacity of municipalities to provide some public goods and services, and other legislative changes.

Key Words: Fiscal Decentralization; Municipal Revenues; Own Revenues; Local Taxes; Fees; Loans; Budgets; Repayable Receipts; Transfers; Relative Financial Autonomy; the Slovak Republic.

Mikuláš Krippel
Minimum Pension in the Pension Insurance System of the Slovak Republic (pp. 145-182, in Slovak, PDF, 1019 kB)

Abstract: The presented study deals with the enrolled amendment of the Social Insurance Act No. 461/2003 Coll. This amendatory act institutes repeatedly the minimum pension within the pension insurance system of the Slovak Republic. The paper recalls the obsolete institutes – the minimum pension and the social pension known from the Social Security Act No. 100/1988 Coll. and highlights the previous method of calculating the pension. At the same time, the author analyzes the newly introduced institute of a minimum pension and describes conditions for entitlement to the minimum pension as well as calculation of the amount of the disability pension. He also presents some arguments for and against the introduction of this institute and some arguments for and against the approved form of the minimum pension.

Key Words: Pension Insurance; Pension; Disability Pension; Minimum Pension; Social Insurance; Old Age Pension; Social Insurance Act; Pension Increases; the Slovak Republic.

Jana Koprlová
Applying the Skip Navigation Links in the Context of the Websites’ Accessibility of Central Public Administration Bodies in the Nitra Region (pp. 183-201, in English, PDF, 1307 kB)

Abstract: The study focuses in its main aim on seeking yet undetected or undefined deficits in relation to applying the skip navigation mechanism on the websites of the central public administration bodies in the Nitra Region in the context of improving the websites accessibility and it consists of two separate parts. The first part presents a basic introduction to the questions of skip navigation links, with the key attention paid to the following three main areas: applying of skip navigation links, visual hiding of skip navigation links, and web browsers’ bug related to skip navigation links. The second part of the study concentrates on the basis of analysis of applying the skip navigation links on the websites of the central public administration bodies in the Nitra Region on the processes focused on detection of potential deficits and gaps in the websites’ accessibility or related possible non-compliance with the legislation in force.

Key Words: Websites; Websites’ Accessibility; Skip Navigation Links; Public Administration; Central Public Administration Bodies; Compliance with Legislation in Force; the Nitra Region; Analysis.

ESSAYS

Marica Pirošíková
Protection of Children’s Human Rights in the Council of Europe Member States (pp. 202-216, in English, PDF, 629 kB)

Abstract: The author describes her serious concerns over cases of removing children from their living biological parents without relevant reasons occurring upon the decisions of the English courts and the subjects who were also the Slovak citizens. She criticizes those decisions using the relevant case law of the European Court of Human Rights which says that taking a child into care is by far the most extreme measure and regularly requires domestic authorities to adopt additional measures of support if those are able to reach the pursued aim. The author underlines that for a family which lost a case at the national level it is not an efficient solution to lodge an application to the European Court of Human Rights because the reopening of the proceedings before the family courts must be granted at the national level. She sees the fact that in the Brussels II bis Regulation only procedural rules are formulated and she supports the adoption of new rules concerning the material part of the problem described at the European Union level.

Key Words: Protection of Human Rights; Biological Parents; Removing Children; European Convention on Human Rights; Children and Family Care; Case-Law of the European Court of Human Rights; Brussels II bis Regulation; Member States of the Council of Europe.

REVIEWS

Miriam Laclavíková – Štefan Siskovič
Vladár, Vojtech: Remedia spolii v stredovekom kánonickom práve [Remedia Spolii in the Medieval Canon Law]. Praha: Leges, 2014. 236 p. ISBN 978-80-7502-050-5 (pp. 217-219, in English, PDF, 489 kB)

Abstract: Reviewing the monograph Vladár, Vojtech: Remedia spolii v stredovekom kánonickom práve [Remedia Spolii in the Medieval Canon Law].

Key Words: Review; Monograph; Remedia Spolii; Medieval Canon Law.

INFORMATION

Daniela Hlobíková
Report on the International Conference XII. Luby Law Days: Damages as a Remedy in Private Law (pp. 220-226, in English, PDF, 906 kB)

Abstract: Report on XII. Dies Luby Iurisprudentiae – the International Scientific Conference of the Faculty of Law at the Trnava University in Trnava, Slovakia.

Key Words: Report; International Scientific Conference; Dies Luby Iurisprudentiae; Faculty of Law; Trnava University in Trnava; Slovakia.

Information for Authors (pp. 233-238, in English, PDF, 438 kB)
Code of Ethics (pp. 243-246, in English, PDF, 397 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)