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SOCIETAS ET IURISPRUDENTIA – ISSUE 2018-04

FULL VERSION OF ISSUE 2018-04 (pp. 1-191, PDF, 2535 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in Slovak, PDF, 327 kB)
Editorial Board (in English, PDF, 321 kB)
Contents (pp. 9-10, in Slovak, PDF, 346 kB)
Contents (pp. 11-12, in English, PDF, 340 kB)

STUDIES

INFORMATION

Information for Authors (pp. 175-179, in Slovak, PDF, 424 kB)
Information for Authors (pp. 180-184, in English, PDF, 415 kB)
Code of Ethics (pp. 185-187, in Slovak, PDF, 404 kB)
Code of Ethics (pp. 188-191, in English, PDF, 398 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)

Abstracts 2018-04

FULL VERSION OF ISSUE 2018-04 (pp. 1-191, PDF, 2535 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in English, PDF, 321 kB)
Contents (pp. 11-12, in English, PDF, 340 kB)

Jana Koprlová
Editorial for Winter Edition SOCIETAS ET IURISPRUDENTIA 2018 (pp. 17-20, in English, PDF, 466 kB)

STUDIES

Jan Horecký – Marek Švec – Adam Madleňák
Dispute over Fulfilment of Collective Agreement Obligations Which Do Not Result in Arising Claims to Individual Employees (pp. 21-36, in Slovak, PDF, 693 kB)

Abstract: The scientific paper deals with the issue of a new definition of the collective dispute over the fulfilment of obligations that do not give rise to claims to individual employees. The current practice changes the established legal definition of the collective dispute as defined in the Paragraph 10 of the Slovak Collective Bargaining Act and makes its future usage outdated. Based on available professional literature and own practical experiences, the authors point to a maladministration of public authorities in its usage and to the resulting legal consequences in the form of a threat to the employees’ labour law protection.

Key Words: Labour Law; Employer; Employee; Collective Agreement; Collective Dispute; Labour Protection; the Slovak Republic.

Juraj Jankuv
Relation between the European Union Law and the International Public Law (pp. 37-75, in Slovak, PDF, 859 kB)

Abstract: This study contains analysis of the relationship between the European Union law and the international public law in the spirit of the founding treaties of the European Union, combined with analysis of selected jurisprudence of the Court of Justice of the European Union in the field of relationship of the international public law and the European Union law. In the context of these analyses, the relationship between the European Union environmental law and the international environmental law as specific, newly emerging sectors of both systems of law can also be elucidated. Given the existing interactions between the European Union law and the international public law, we consider these analyses to be scientifically useful which will allow us to identify the key elements of the relationship between the two sectors of law in conclusions of the study and thus help the process of their smooth application in legal practice.

Key Words: European Union Law; International Public Law; European Union Environmental Law; International Environmental Law; Relation between the European Union Law and the International Public Law; Court of Justice of the European Union; the European Union.

Peter Matuška – Mária T. Patakyová
Climate Refugees and Their Legal Status in the Context of International Public Law and the European Union Law (pp. 76-96, in Slovak, PDF, 768 kB)

Abstract: The paper concentrates on the issue of climate refugees which will play vital role in the future. Climate changes, population growth and the consequent conflicts will become the main threats for the whole Europe. The paper deals with a real case from New Zealand, the Teitiota case, which suggests several problems with climate refugees. When applied to the European Union, the case shows the absence of legal framework in this field within the European Union. It also predicts the insufficiency of individual interventions on the level of national states and, consequently, the inevitable need of a supra-national solution for this overlooked problem.

Key Words: International Public Law; Climate Refugees; Teitiota Case; Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on Standards for the Qualification of Third-country Nationals or Stateless Persons as Beneficiaries of International Protection, for a Uniform Status for Refugees or for Persons Eligible for Subsidiary Protection, and for the Content of the Protection Granted; New Zealand; Kiribati; the European Union.

Jozef Štefanko
Protection of Personality Rights in Slovakia (pp. 97-115, in English, PDF, 718 kB)

Abstract: This paper introduces the Slovak law of protection of personality through the optics of private law, in particular its general and core regulation in the Slovak Civil Code. It ponders the constitutional underpinnings and contexts thereof as well as their mutual communication and evaluation of conflicting constitutional principles. The paper also introduces the current legal discourse of this area of law in Slovakia and discusses the issue of monetary satisfaction for non-pecuniary loss of surviving relatives, sometimes referred to as bereavement damages, and tackles manifold legal questions this issue brings about to the legal practice. It concludes that the Slovak substantive law is in a need for a systematically coherent system of liabilities and compensations in cases of personal injuries in a broader sense.

Key Words: Civil Law; Personality Rights; Personal Injury; Remedies; Monetary Satisfaction; Compensation; Liability; Bereavement Damages; Car-accident Insurance; the Slovak Republic.

Karin Raková
Recent Development in Characteristics of the Concept of Consumer (pp. 116-134, in Slovak, PDF, 696 kB)

Abstract: The presented paper deals with the definition of the concept of consumer within the legislation of the Slovak Republic. In order to understand the meaning of that concept, it is necessary to follow its definition applied in the legal acts of the European Union and in the case law of the Court of Justice of the European Union which in the light of the harmonizing commitments limit the scope of the national legislator by national definition of the term of consumer. As regards the definition of the term of consumer, in the current legal order of the Slovak Republic it is identical with the definition of the term of consumer as defined in the European Union law. However, the anticipating legislative changes may affect this conformity.

Key Words: Consumer Law; European Union Law; Consumer; Consumer Protection; Natural Person; Entrepreneur; Business Activities; the European Union; the Czech Republic; the Slovak Republic.

Stanislav Mihálik – Monika Miháliková
Character of Working Activity of Convicted Persons Serving the Imprisonment Sentence (pp. 135-150, in Slovak, PDF, 665 kB)

Abstract: The authors focus their presented paper on the relatively unconventional connection between the criminal law and labour law sectors. At the question of serving the imprisonment sentence they look through the ways and means of treatment with convicted persons in general; in particular they concentrate on the question of the assignment of convicted persons to work. The authors analyse the issue in question from the perspective of criminal law and penology, while focusing their attention particularly on specificities and statistical indicators in this field. The view of labour law is mainly applied at the level of possible identification of the features of dependent labour in the sense of perception of the Labour Code in the context of the assignment of convicted persons to work. The analytical part of the paper is completed with a practical part in which they try not only to identify the weaknesses of the legislation, but bring also their own proposals de lege ferenda.

Key Words: Criminal Law; Labour Law; Convicted Person; Accused Person; Serving the Imprisonment Sentence; Dependent Work; Employee; Employer; Ways and Means of Treatment; the Slovak Republic.

Andrea Zjarová
European Union as a State? (pp. 151-170, in Slovak, PDF, 716 kB)

Abstract: The European Union is an autonomous entity with its own sovereignty and legal order that is independent of the legal orders of its Member States. The European Union is not a State, since its existence depends on the decisions of its Member States which are the “Masters of Treaties”. The paper focuses on the comparison of the features that characterize the State as defined by the theory of the State and law, with the features that the European Union is currently displaying. The European Union is not an ordinary international organization or a State, but it is an entity that can fit somewhere between these two traditional models of the state organization, with the European Union coming closest to the federation after the adoption of the Lisbon Treaty. The legal literature has established the term of a supranational organization that describes this specific model characteristic for the European Union. It is a “sui generis” organization for which transfer of the decision-making powers from the national level to the transnational level is typical.

Key Words: The European Union; Member State; Supranationalism; State; Characteristics of the State; State Territory; State Power; State Population; Ability to Enter into Relations with Other States; Federalism; Federation.

INFORMATION

Jana Koprlová
Joint Report on Two Scientific Conferences Held at the Faculty of Law of the Trnava University in Trnava, Slovakia, Focused on Current Issues of International Environmental Law (pp. 171-174, in English, PDF, 613 kB)

Abstract: Joint report on scientific conference “Development and Current Challenges of International Environmental Law” held on September 20th, 2018, and on scientific conference “The Principle of the Rule of Law in International and European Environmental Law” held within the International Scientific Congress DIES IURIS TYRNAVIENSES 2018 – Rule of Law – Between Science and Art on September 21st, 2018, at the Faculty of Law of the Trnava University in Trnava, Slovakia.

Key Words: Report; Scientific Conference; International Public Law; International Environmental Law; Environmentalization of International Public Law; Faculty of Law; Trnava University in Trnava; the Slovak Republic.

Information for Authors (pp. 180-184, in English, PDF, 415 kB)
Code of Ethics (pp. 188-191, in English, PDF, 398 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)