Main Content

Issue 2016-04

SOCIETAS ET IURISPRUDENTIA – ISSUE 2016-04

FULL VERSION OF ISSUE 2016-04 (pp. 1-258, PDF, 3927 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in Slovak, PDF, 337 kB)
Editorial Board (in English, PDF, 331 kB)
Contents (pp. 9-10, in Slovak, PDF, 350 kB)
Contents (pp. 11-12, in English, PDF, 344 kB)

STUDIES

REVIEWS

Information for Authors (pp. 239-244, in Slovak, PDF, 447 kB)
Information for Authors (pp. 245-250, in English, PDF, 438 kB)
Code of Ethics (pp. 251-254, in Slovak, PDF, 405 kB)
Code of Ethics (pp. 255-258, in English, PDF, 404 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)

Abstracts 2016-04

FULL VERSION OF ISSUE 2016-04 (pp. 1-258, PDF, 3927 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in English, PDF, 331 kB)
Contents (pp. 11-12, in English, PDF, 344 kB)

Jana Koprlová
Editorial for Winter Edition SOCIETAS ET IURISPRUDENTIA 2016 (pp. 18-22, in English, PDF, 497 kB)

STUDIES

Helena Barancová
Discrimination in Pre-contractual Relations within the Labour Law according to the Current European Court of Justice Case Law (pp. 23-42, in English, PDF, 661 kB)

Abstract: The practice of recent years shows that employers often discriminate the candidates for employment not only in terms of gender, but also in terms of other reasons, in particular due to ethnicity or nationality, disability, sexual orientation, and recently mostly due to their age. This is, for example, a legal situation when the jobseeker has not yet concluded the employment contract with the employer and is applying for a job most often in a selection process. These pre-contractual relations within the labour law can be regarded as labour relations for which there is also applied the prohibition of discrimination which is also binding throughout the duration of employment relationships. In the Slovak judicial practice, there are not many anti-discrimination actions with regard to the breach of the prohibition of discrimination in the recruitment process. The employer who in refusing a job applicant justifies his/her rejection by other reasons, for example by lack of job skills or other qualifications, also contributes to this condition with such behaviour. In recent years, the European Court of Justice has taken interesting decisions relating to non-discrimination in access to employment. The European Court of Justice partly addressed the right of the refused jobseeker to have the opportunity to look into the personal files of other jobseekers.

Key Words: European Court of Justice; European Court of Justice Case Law; Labour Law; Directive 2006/54/EC; Directive 2000/78/EC; Directive 2000/43/EC; Discrimination; Pre-contractual Relations; Nationality; Religion and Belief; Sex; Age; Disability; Ethnicity; Sexual Orientation; Selection Procedures; Penalties for Breach of Prohibition of Discrimination; the European Union.

Filip Melzer
Vicarious Liability under Paragraph 2914 of the Czech Civil Code (pp. 43-76, in Czech, PDF, 885 kB)

Abstract: The paper deals with the institute of vicarious liability related to the actions of an agent. By the previous legislation this issue was handled only very inadequately. Neither the doctrine, however, has in any way contributed to the development of the dogmatics of this legal institute. A fundamental change in the Czech legal environment has been introduced by the new Civil Code which in paragraph 2914 in conjunction with paragraph 1935 regulates the vicarious liability in the way that is very close to the concept of this institute in related legal orders. One the one side, the paper discusses the principal’s liability while examining its prerequisite, then, on the other side, especially analyses this liability within the contractual relations and beyond them, i.e. in the area of tort liability. Besides, it is also deals with the agent’s own liability excluded by the previous legislation. More attention is then focused on the direct agent’s liability who is an employee where it is necessary to take into account the specifics of his/her special protected status.

Key Words: Civil Code; Tort Law; Vicarious Liability; Principal; Agent; Employee; the Czech Republic.

Martin Štefko
For Enhanced Rights of Beneficiaries with Regard to Hardware and Software Progress of the Czech Social Security Administration (pp. 77-90, in Czech, PDF, 645 kB)

Abstract: The paper focuses on the fundamental weaknesses of the existing public pension insurance regulations for recording the pension insurance relevant data. There is nothing like accrued rights of the Czech beneficiaries in reality. Despite huge progress as well as enhanced software and hardware achievements of pension insurance carriers, the Czech pension insurance contributors have non-transparent virtual pension rights of unclear content throughout much of their economic life.

Key Words: Pension Insurance; Pension Insurance Premature Data Information; Pension Rights; the Czech Republic.

Juraj Jankuv
Legal Arrangement of the Arctic in the Context of Relevant Rules of International Public Law (pp. 91-133, in Slovak, PDF, 911 kB)

Abstract: The aim of this study is to identify existing legal arrangement of the Arctic from the perspective of valid and applicable rules of international public law as well as international organizations and bodies competent in the area of the Arctic, with particular emphasis laid on the legal regime of the Arctic Ocean. Those analyses will lead to formulation of conclusions about the current form of the Arctic legal regime in terms of the norms of international public law and institutional assurance of its application.

Key Words: International Public Law; Arctic Ocean; Arctic; International Maritime Law; International Environmental Law; Indigenous Peoples; Arctic Council.

Andrea Olšovská – Eva Szabová
Protection Function of Labour Law in Collective Labour Law Relations (Labour Law and Criminal Law Aspects of Strike) (pp. 134-159, in Slovak, PDF, 763 kB)

Abstract: The basic and typical function of the labour law is its protection function which is oriented mainly towards the weaker party of the employment relationship – the employee. However, this function should be maintained also in relation to the employer. An important area of activity of employees’ representatives – the trade union is the area of collective bargaining. In the context of collective bargaining there may also occur the realisation of a strike which we will address from the perspective of the “balanced protective function” of the labour law. The aim of the paper is to investigate the possible limits of the right to strike, especially in terms of “maintaining the existence” of the employer (especially in plants where the interruption of operation can cause ecological disasters and threats to the lives of employees).

Key Words: Labour Law; Criminal Law; Strike; Protective Function; Trade Union Cooperation; Collective Bargaining; Necessary Activities; the Slovak Republic.

Eva Šimečková
Legislation of Violence on Workplace (Mobbing) in Spain (pp. 160-191, in Czech, PDF, 778 kB)

Abstract: The Spanish legislation does not regulate in any law the protection of employees against mobbing (with the exception of public administration). Violence on workplace violates fundamental rights included in the Constitution, mainly the right for equal handling and the right for dignity. Even though the Labour Code, nor the Law for Prevention of Hazard on Workplace do not contain definition of prohibition of mobbing, but protection of employees can be found in general provisions of the law. The legislation of administrative penalties in labour relations can be found in the Law of Offences and Sanctions in Social Order. The protection is provided by the Social Court Order in case of violation. The activity of the inspection of labour in the field of harassment and violence on workplace is regulated by notice which determines the procedure in the administrative trial. The important role plays the jurisdiction in trials dealing with mobbing.

Key Words: Violence on Workplace; Mobbing; Equal Handling; Discrimination; Right for Dignity; Labour Code; Prevention of Hazard on Workplace; Administrative Liability of the Employer; Administrative Offence; Offence; Labour Judiciary; Inspection of Labour and Social Security; Administrative Trial; Spain.

Kristína Králiková
Role and Place of the Police in Society and in the State in Current Legal and Interdisciplinary Contexts (pp. 192-212, in Slovak, PDF, 834 kB)

Abstract: The police as the strength security element of the State mechanism means an autonomous, equivalent, and cooperating element within the security services of the State. This paper represents an outline of the role and the place of the police in society and in the State. The content of the study presents characteristics of the police as an institution as well as a specific activity based on the historical roots of the creation and implementation of the police activities. The mission of the study is also to demonstrate the concept of the police policy the contents of which are, inter alia, the global problems related to organisational, economical, technical, technological, personnel, and management aspects of the operation of a police force. This study accents also some legal aspects of the police activities.

Key Words: Police; Police Activity; Police Politics; Police Control; Police Law; Police State.

Ivan Smieško
Criminal Liability of Facebook Reaction Buttons in Environment of the Slovak Republic as a Form of Hate Speech (pp. 213-234, in English, PDF, 1072 kB)

Abstract: The presented paper is focused on analysing the issue of the Facebook reaction buttons as a form of hate speech. Pressing these buttons can spread hateful content through Facebook and disseminate extremist ideas. Currently, technologies are so much sophisticated that it is enough to do just one “click” on the computer mouse, touchpad, or display and the content is disseminated. According to the Criminal Code of the Slovak Republic, there it is possible to prosecute the user just for one pressing Facebook reaction button, hence for one “click” with what we disagree on and in the paper we state arguments which support our opinion.

Key Words: Facebook; “Like” Button; Hate Speech; European Convention of Human Rights; European Court of Human Rights; Ultima Ratio; Criminal Code; Criminal Liability; the Slovak Republic.

REVIEWS

Eva Szabová
Ivor, Jaroslav, Jiří Jelínek, et al.: Euro Crimes in the Legal Systems of the Czech Republic and of the Slovak Republic. Budapest: Wolters Kluwer, 2015. 259 p. ISBN 978-963-295-537-7 (pp. 235-238, in Slovak, PDF, 512 kB)

Abstract: Reviewing the scientific monograph Ivor, Jaroslav, Jiří Jelínek, et al.: Euro Crimes in the Legal Systems of the Czech Republic and of the Slovak Republic.

Key Words: Review; Scientific Monograph; Euro Crimes; Legal System; the Czech Republic; the Slovak Republic.

Information for Authors (pp. 245-250, in English, PDF, 438 kB)
Code of Ethics (pp. 255-258, in English, PDF, 404 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)