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SOCIETAS ET IURISPRUDENTIA – ISSUE 2018-03

FULL VERSION OF ISSUE 2018-03 (pp. 1-158, PDF, 2128 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. 9-9, in Slovak, PDF, 339 kB)
Contents (pp. 10-10, in English, PDF, 335 kB)

STUDIES

Information for Authors (pp. 142-146, in Slovak, PDF, 424 kB)
Information for Authors (pp. 147-151, in English, PDF, 416 kB)
Code of Ethics (pp. 152-154, in Slovak, PDF, 410 kB)
Code of Ethics (pp. 155-158, in English, PDF, 398 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)

Abstracts 2018-03

FULL VERSION OF ISSUE 2018-03 (pp. 1-158, PDF, 2128 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in English, PDF, 321 kB)
Contents (pp. 10-10, in English, PDF, 335 kB)

Jana Koprlová
Editorial for Autumn Edition SOCIETAS ET IURISPRUDENTIA 2018 (pp. 15-18, in English, PDF, 458 kB)

STUDIES

Peter Vršanský
Right to Asylum – the Collective Enforcement of Individual Right or Collective Right? (pp. 19-35, in Slovak, PDF, 657 kB)

Abstract: Human rights protection and the right to asylum. New developments in the material sources of law – the current refugee and migration crisis in Europe. Collective transfer of persons from their homeland to the European Union. Considerations de lege ferenda – from the right to asylum perceived as an individual human right, to the right to asylum perceived as a collective right.

Key Words: International Law; European Law; Human Rights Protection; Right to Asylum; Refugees; the European Union.

Juraj Jankuv
Position of Rules of the European Union Law in Framework of the Constitutional Law and Other Legal Regulation of the Slovak Republic (pp. 36-62, in Slovak, PDF, 752 kB)

Abstract: The aim of the presented study is to analyse the status of the European Union law rules in the framework of the Slovak constitutional law and other relevant legal regulation. As a theoretical basis for this analysis, our study includes also an concise overview of the existing legal regulation of the relation of the international public law like a source of the European Union law and municipal law and the relation of the European Union law itself and municipal law as well as an analysis of the existing theories of the relationship between the international law and municipal law as a basis for the application of the rules of the European Union law, existing ways and institutes by which the States guarantee the fulfilment of their undertakings of the European Union law, including a general view on the issue of the national reception rules and rules governing the relationship between the European Union law and municipal law.

Key Words: International Public Law; Constitutional Law; European Union Law; Relation of the European Union Law and Municipal Law; the European Union, the Slovak Republic.

Miloš Lacko
Information Bidding System for Old-age Pension Savings (pp. 63-82, in Slovak, PDF, 720 kB)

Abstract: Old-age pension savings is a system functionally linked to the general pension insurance scheme which focuses on the capitalization of savings accumulated by the savers in their personal pension accounts. From the administrative-procedural point of view, the pre-contractual part of the pay-out phase of this system is built on the Central Information Bidding System which is thus an important and systemic element of the old-age pension savings. The presented paper analyses the tasks and objectives of this information system in the pay-out phase of pensions and, at the same time, asks the question whether it fulfils the functions of current modern information systems and whether it thus assists in securing the constitutional right of a natural person to an adequate material security in the old age or, on the contrary, it is only an information system that duplicates the rules and approaches introduced by the legislation providing for the method of the savings in the Slovak pension model (by the individualisation of savings with a low economic guarantee) and, especially, in the process of concluding a contract on the pension insurance that does not support the implementation of the constitutional law in a serious way.

Key Words: Social Security Law; Material Security in Old Age; Old-age Pension Savings; Pension Insurance Contract; Bid for Life-long/Temporary Old-age Pension; Bid for Life-long/Temporary Early Retirement; Agreement on Pension Payment by Programmed Withdrawal; the Slovak Republic.

Erik Vadas
Representation in Consumer Disputes – Selected Issues (pp. 83-94, in Slovak, PDF, 701 kB)

Abstract: In the presented paper, the author will discuss the basic topics of the institute of civil representation. Firstly, he will analyse the relevant provisions of the Act No. 160/2015 Coll. Civil Dispute Settlement regarding the representation by procuratorium. Consequently, the author will focus on disputes with protection of the disadvantaged party, namely consumer disputes, with emphasis laid on the aforementioned institute of representation and its specificities. He will also outline the issue of associations and other legal entities for the protection of consumer rights in accordance with the Act No. 250/2007 Coll. on Consumer Protection. Finally, the author outlines in part also the provision of the Section 296 of the Civil Dispute Settlement which deals with the issue of concentration of proceedings in consumer disputes.

Key Words: Civil Law; Representation; Disputes with Protection of Disadvantaged Party; Consumer; Disadvantaged Party; Civil Dispute Settlement; the Slovak Republic.

Laura Bačová
Changing the Perception of the State Sovereignty in Interaction with Possibility of Disturbing It (pp. 95-113, in Slovak, PDF, 722 kB)

Abstract: This study intends to provide readers with a comprehensive overview of the international legal framework regulating the use of military force and highlights some of the current concerns which exist within the context of humanitarian intervention and its successor concept, the so-called Doctrine of ‘Responsibility to Protect’ or ‘R2P’. There exists a clear tension between the prohibition on the use of force against the sovereign States, the principle of non-interference in States’ internal affairs and the promotion and protection of human rights. One of the most pressing problems is the question what to do in case when military force is required to be taken in response to a threat to international peace and security, involving the inability of the States to protect their own citizens or if they themselves grossly violate the human rights of their own population.

Key Words: International Public Law; United Nations Organization; Humanitarian Intervention; ‘Responsibility to Protect’ Doctrine; the Charter of the United Nations; Sanctions; State Sovereignty.

Peter Mosný
From Rio to Paris – a Path to Global Agreement on Climate Protection (pp. 114-141, in Slovak, PDF, 812 kB)

Abstract: Only few topics stir more attention of scientists, politicians, economists, environmental activists, managers of industrial companies and common population all around the globe than the issue of the climate system changes on the Earth, because the related impacts can be observed by every one of us in our neighbourhood – whether as extreme weather changes or as biodiversity changes. The author in his paper analyses international agreements regulating the climate change area, their development and contents. Special attention is being paid to analysis of the development of the international law regulation before the international codification in the area of climate changes. Finally, individual provisions of the United Nations Framework Convention on Climate Change, the Kyoto Protocol and the Paris Agreement are being analysed as key sources of the international public law in the area of the protection of global climate system. Their successful or unsuccessful implementation will have an impact on our, not so distant future.

Key Words: International Public Law; United Nations Organization; Climate Change; Global Warming; Greenhouse Gases; Mitigation; Adaptation; Impacts; International Agreements; Liabilities; Sustainable Development.

Information for Authors (pp. 147-151, in English, PDF, 416 kB)
Code of Ethics (pp. 155-158, in English, PDF, 398 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)