Main Content

Issue 2017-04

SOCIETAS ET IURISPRUDENTIA – ISSUE 2017-04

FULL VERSION OF ISSUE 2017-04 (pp. 1-243, PDF, 3106 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in Slovak, PDF, 338 kB)
Editorial Board (in English, PDF, 332 kB)
Contents (pp. 9-10, in Slovak, PDF, 354 kB)
Contents (pp. 11-12, in English, PDF, 345 kB)

STUDIES

ESSAYS

INFORMATION

Information for Authors (pp. 224-229, in Slovak, PDF, 447 kB)
Information for Authors (pp. 230-235, in English, PDF, 438 kB)
Code of Ethics (pp. 236-239, in Slovak, PDF, 405 kB)
Code of Ethics (pp. 240-243, in English, PDF, 397 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)

Abstracts 2017-04

FULL VERSION OF ISSUE 2017-04 (pp. 1-243, PDF, 3106 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in English, PDF, 332 kB)
Contents (pp. 11-12, in English, PDF, 345 kB)

Jana Koprlová
Editorial for Winter Edition SOCIETAS ET IURISPRUDENTIA 2017 (pp. 18-22, in English, PDF, 497 kB)

STUDIES

Oleksandr Romanovich Kovalyshyn
Derivative Suit (Indirect Action): Foreign Experience and Prospects of Its Implementation in Ukraine (pp. 23-41, in Russian, PDF, 746 kB)

Abstract: Systematic misbehaviour by businessmen and corporate entities is rather often. While Enron and WorldCom were the battle cries for corporate reform in the United States of America, so it was with Ahold and Parmalat across Europe. No country is immune from the fact that company officers may misbehave, injuring investors, consumers and destroying shareholder capital. Derivative action is a kind of lawsuit to prevent these violations. Derivative suit is a lawsuit brought by a corporation (JSC or LLC) shareholder against the directors, management or other shareholders of the corporation for a failure by management. This type of suit often arises when there is mismanagement, self-dealing, fraud or dishonesty which are ignored by the officers and the Board of Directors of a corporation. Derivative action is more and more spread in Europe. One of the legal sources for its implementation is the European Shareholders’ Rights Directive. The Shareholders’ Rights Directive 2007/36/EC sets out the minimum requirements relating to the holding of meetings in the European Union, where it is shareholders holding shares in companies on a regulated market. There are also several others that regulate the procedure of litigation. Ukraine isn’t a pioneer of the derivative suit implementation. But not long ago it was implemented also in the Ukrainian legislation. This scientific paper reveals the legal basis of its functioning as well as the position of the Ukrainian scientists.

Key Words: Derivative Suit; Shareholders’ Minority Rights; Protection of Investors; Capital Companies; Comparison of Derivative Suits; Ukraine.

Andrea Olšovská – Marianna Novotná
Rescission of Contract and Termination by Notice Concerning Labour Law Relations (pp. 42-59, in Slovak, PDF, 665 kB)

Abstract: Withdrawal from contract as well as termination by notice is a civil law mechanism, realisation of which leads to termination of the affected contractual relationship. In spite of standard functioning of the above-mentioned instruments within particular fields of private law, there is no unambiguous and problem-free understanding of the scope and the content of their application in the labour contractual relationships. Uncertainties arise, in particular, in relation to the question of the extent to which such kind of termination of labour contractual relationship is permissible on the basis of general grounds for rescission of contract or for termination by notice governed by civil law rules of the Civil Code as a fundamental act of general private law.

Key Words: Labour Law; Civil Law; Subsidiarity; Withdrawal from Contract; Termination by Notice; the Slovak Republic.

Juraj Jankuv
Development, Present Shape and Institutional Support of International Legal Regime of Air Space (pp. 60-101, in Slovak, PDF, 864 kB)

Abstract: The presented study aims to identify and to analyse key moments of evolution, present form as well as institutional support of international regime of air space in the spirit of existing customary, treaty and non-binding soft law norms of international public law, and briefly even in the spirit of rules of the European Union. Special attention will be paid to the issue of interaction between the international airspace regime and international environmental law in the area of protection of climate. These analyses will allow us to identify the most important problems and challenges of international aircraft law as one of the important sub-sections of international public law.

Key Words: International Public Law; International Legal Regime; Air Space; International Organisations; International Organs.

Gabriela Halířová
Temporary Secondment of Employees to the European Union in Terms of Social Security Law (pp. 102-123, in Czech, PDF, 783 kB)

Abstract: The author reflects on the purpose of coordination between social security systems of the countries of the European Union and of relationship of coordination of social security with the free movement of persons as one of the fundamental cornerstones of the European Union. The coordination of social security enables the individuals to move within the European Union and their relatives to acquire the right to performance of welfare benefits in case of social event or to fulfilment of conditions for material welfare outside the country of their residence or the country of insurance. The paper deals with one of the basic principles of the coordination of social security – single insurance principle (application of single body of laws) and with the most significant deviation in the lex loci laboris – temporary secondment of the employees. Another deviation is laid down in the case of the performance of gainful employment in two or more states of the European Union. The determination of body of laws legal relation of social security of particular person will be regulated by is fundamental for the payment of premium, fulfilment of conditions for material welfare and granting benefits.

Key Words: Social Security Law; Temporary Secondment; Employees; Self-employed Persons; Applicability of Legal Regulations of Social Security of Single State of the European Union; lex loci laboris; Office of the Employer; Coordination of Social Security; Performance of Essential Activities of the Employer in the State of Temporary Secondment of the Employee; the European Union; the Czech Republic.

Jakub Morávek
Shared Economy Not Only in the View of Legal Regulation of Labour Relations Relationships (pp. 124-142, in Czech, PDF, 673 kB)

Abstract: This paper is focused on legal aspects of shared economy – providing services by means of modern technology. It concentrates on assumptions of legal regulation (good law) and conditions of validity of the legal order. In this context, it indicates the limits of validity of the legal order in relation to services provided by means of modern technology. On the basis of conclusions reached in the context of initial assumptions of the Welfare State concept, the author deals with questions: “Is there a need for new legal regulation of shared economy (providing services by means of modern technology)?” and “What should it look like?”.

Key Words: Labour Law; Shared Economy; Legal Regulation; Rule of Law; Welfare State; Human Rights; the Czech Republic.

Marek Švec – Simona Schuszteková – Adam Madleňák
Obstacle at Employee’s Work in the Performance of Trade Union Function (pp. 143-161, in Slovak, PDF, 662 kB)

Abstract: The scientific paper deals with an analysis of the relevant provisions of the Labour Code of the Slovak Republic concerning providing the working time off for employees to perform a trade union function. Based on the experience, the authors point out on the existing differences in individual legal institutes (comparison of the institute of obstacle at employee’s work and the institute of providing the working time off to perform trade union activities). The subject of legal interpretation is also the issue of employee’s material security during the time off from the employer and the interpretation of chosen employee’s labour-law rights.

Key Words: Labour Law; Labour Code; Obstacle at Employee’s Work; Working Time Off; Wage Compensation; Trade Union; Employee; Employer; the Slovak Republic.

Silvia Beierová
Control of Employee’s Electronic Communication in Courts’ Decision-making Process (pp. 162-186, in Slovak, PDF, 753 kB)

Abstract: Monitoring of employee’s electronic communication has become an effective tool for controlling the performance of employee’s tasks and duties. It is a radical intrusion into employee’s privacy, even if the employer has limited the use of work computer explicitly to performing work tasks. By analysing the case law and synthesising the conclusions of courts in analogous cases, it can be concluded that in conflict of the interest to protect the privacy of an employee on the one hand and the interest of the employer to protect the property on the other hand, the courts have lately inclined to the employer’s interests. A certain divergence can be observed in the decision of the Grand Chamber of the European Court of Human Rights in case Bărbulescu vs. Romania which specifies criteria that must be reviewed in the decision-making activities of national authorities. The employee must be informed of the possibility of monitoring his/her communication, about its reasons and its nature.

Key Words: Labour Law; Case-law; National Courts; the European Court of Human Rights; the Court of Justice of the European Union; Monitoring of Employee E-mails; Control of Electronic Communication; Employee Privacy; Privacy Protection.

Peter Rohaľ
European Law in Decisions of the Constitutional Court of the Slovak Republic (pp. 187-206, in Slovak, PDF, 710 kB)

Abstract: Since the accession of the Slovak Republic to the European Union, the European law should become an integral part of the Slovak legal order. This fact led to our decision to examine the decision-making activity of the Constitutional Court of the Slovak Republic in terms of the impact of the European Union law. The paper analyses the activities and selected decisions of the Constitutional Court of the Slovak Republic, summarizing in its summary how the Constitutional Court of the Slovak Republic is coping with them. Finally, we draw our attention to the current proposal which will be the subject of the decision of the Constitutional Court of the Slovak Republic.

Key Words: European Law; Court of Justice of the European Union; Constitutional Court; Transposition of Directives; Preliminary Question; Supremacy of the European Law; the Slovak Republic.

ESSAYS

Jan Urban
Personnel Risks and Their Prevention (pp. 207-214, in English, PDF, 573 kB)

Abstract: Personnel risks are among the risks that enterprises have to face. Identifying, analysing, and preventing them is a crucial part of enterprise risk management. Compared to other types of enterprise risks, personnel risks are usually not a top priority and the tools of their analysis and methods leading to their minimization do not have a systematic character although the consequences of personnel risks are often severe. Personnel risks are also often the cause of issues attributed to other factors. Personnel risks can be usually prevented in connection with relatively low costs. The goal of the paper is to highlight the main types, sources, and concrete causes of personnel risks and to examine the possibilities and tools of their prevention.

Key Words: Personnel Risks; Risk Management; Personnel Risks Prevention; Enterprises; Employees.

INFORMATION

Vladimíra Dercová
Social Function of Law and Growing Wealth Inequality (Report on XIII. Dies Luby Iurisprudentiae Held on September 28th and 29th, 2017) (pp. 215-223, in English, PDF, 1105 kB)

Abstract: Report on XIII. 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. 230-235, in English, PDF, 438 kB)
Code of Ethics (pp. 240-243, in English, PDF, 397 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)