1. Section of the main theme of the conference - Independence and ethical dimension of the judicial power exercise


1. Associete Professor Olga Koshevaliska, PhD (University of Goce Delcev, Stip, Faculty of Law, Stip, Stip, Macedonia)

Title: Advocate as a Guardian of Rule of Law in criminal proceedings in the Republic of North Macedonia

Abstract: The purpose of this article is to elaborate the challenges of the advocates’ profession in the Republic of North Macedonia. Firstly, we’ll address the ethical boundaries and core principles of the advocates profession trough the relevant national legislative in order to stress the complexity of the advocates profession. There are several core principles as guiding for advocates profession worldwide, helping them to stand above the legal ethics and to keep their dignity and the dignity of the advocates profession. These principles are independence, honesty, integrity, loyalty to the client’s interests, confidentiality, fairness, diligence, and competence. A lot of changes have been made in the past few years in order to strengthen the position of the advocate in the criminal proceedings. The advocate has the role to help the defendant in the exercise of his or her right of defense, essentially constitutes an important step towards the realization of the essence of the right to a "fair trial" through the exercise of the principle of "equality of arms". Not only that the advocates serve to protect citizens from possible abuses of the judiciary and other authorities involved in criminal proceedings but they also serve as a shield that protects the judiciary from being deformation. Advocates are as important as judges and prosecutors in ensuring a fair trial and are often the first to learn about allegations of torture and mistreatment. The focus of this article will be on those challenges that are most common in practice as well as on those that are a subject to many theoretical disputes, especially regarding the efficiency of the defense in criminal proceedings.

2. Mgr. Ilona Kostadinovová, advokát (Západočeská univerzita v Plzni/UK Praha, Fakulta právnická, Plzeň, Czech Republic)

Title: Advocate in disputes over claims from labour and social security law relationships

Abstract: The aim of this paper is to evaluate the importance of legal representation by a lawyer in disputes arising from labour law and social security law in the Czech Republic in comparison with legislation in selected European Union countries, especially in the Federal Republic of Germany and the Slovak Republic.

3. Prof. Yaroslav Lazur, Dr.jud.sc. (STATE UNIVERSITY "UZHHOROD NATIONAL UNIVERSITY, FACULTY OF LAW, Uzhhorod, Ukraine)

Title: Pre-trial Dispute Settlement in Administrative Proceedings: An Investors Rights Protection Aspect

Abstract: In such a difficult and unstable time for our country, the likelihood of various disputes, altercations and conflicts is increasing, which leads to frequent appeals of individuals for the protection of their legal rights and interests to the judicial authorities. This entails a number of procedures that ultimately lead to unnecessary costs, time and money. The best solution for a dispute to be resolved is its pre-trial settlement. On the other hand, attracting foreign investments in the economy of Ukraine is of particular relevance, especially in the current period of political and financial instability and conducting military actions in the territory of our country. Not to mention the global economic crisis, which has had a serious negative impact on the investment implications into Ukrainian business, therefore experts have repeatedly emphasized a significant decrease in foreign investment inflows in recent years.

4. JUDr. Zuzana Vallová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Zásada kontradiktórnosti v trestnom konaní

Abstract: Zásada kontradiktórnosti je jednou z najzákladnejších zásad trestného konania. Prostredníctvom tejto zásady je realizované právo na obhajobu, právo na spravodlivý proces, rovnosť strán, rovnosť zbraní a iné. Zásada kontradiktórnosti predstavuje okrem iného právo strán byť oboznámení so všetkými dôkazmi a argumentami, ktoré boli predložené súdu a ktoré môžu vplývať na samotné rozhodnutie vo veci. Uvedená zásada sa v trestnom konaní postupne vyvíjala, pričom v súčasnosti je plne rešpektovaná. Jej vplyv sa však prejavuje nie len v konaní pred súdom, ale aj v prípravnom konaní, čo má vplyv na priebeh celého trestného konania, a najmä na samotné rozhodnutie vo veci.

5. JUDr. Michal Žofčák, PhD. (Univerzita v Prešove, Gréckokatolícka teologická fakulta, Prešov, Slovakia)

Title: The adversarial nature of court proceedings

Abstract: Failure to respect the same position of the parties - lawyer versus prosecutor, in court proceedings.


2. Criminal Law Section - Imposition and Enforcement of Sentence


1. Dr. István Ambrus, PhD (Eötvös Loránd University, Faculty of Law, Department of Criminal Law, Budapest, Hungary)

Title: The Rise of Mandatory Sentencing in the 21st Century

Abstract: In the case of an absolutely indeterminate criminal sanction, the lawmaker intends only to codify which acts should form a criminal offence; the determination of the type and degree of penalty is left to the judiciary. At the other end of the spectrum are absolutely determinate sanctions or in other words, mandatory sentencing rules. Here, the legislator precisely prescribes, in addition to the punishable behaviour, the manner and severity of punishment. The task of those applying the law (mostly, but not always, the courts) in this instance is reduced to determining the applicability of an offence and its classification under criminal law. Then, the exact outcome as outlined by the legislative must be pursued. In my presentation I attempt to examine the theory of mandatory sentencing, especially for it's rise in the 21st Century in Hungary. My primary aim is to place this regulatory solution in its proper context. The novel categorisation concerning the power to sanction is based on the mode of the division of labour between the lawmaker and the applier of the law. In sum, my view is that the maintenance and potential proliferation of mandatory sentencing does not appear fortunate and supportable. Looking to the future, it is impossible to take a position on the extent of an applicable penalty without knowing its characteristics. Therefore, the generally-prominent understanding of modern continental criminal law is much more preferable. This divides sentencing between the legislative and a judiciary that may asses the specific case at hand. In our dogmatics-based criminal law, it would be similarly worthwhile to avoid the implementation of Anglo-Saxon legal institutions without adaptations, because these are the products of a different legal socialisation and philosophy. Such institutions may lead astray the classification of offences, and thus their existence may prove counterproductive.

2. Anna Belkina (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Penalties for bankruptcy offenses under Slovak, Czech and Russian criminal law

Abstract: The author deals with the issue of sanctions for insolvency crimes under the legislation of the Slovak Republic, the Czech Republic and the Russian Federation and tries to find out whether the types of penalties listed in the current legislation correspond to the essence of insolvency crimes.

3. doc. JUDr. Radovan Blažek, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Imposing the sentences in case of sexual crimes

Abstract: The article focuses on the imposing of sentences in cases of sexual offenses based on the sentences applied by Slovak courts and analyzes the suitability and sufficiency of sentences imposed for the particular offenders.

4. Mgr. Pavel Borčevský, Ph.D. (Policejní akademie České republiky v Praze, fakulta bezpečnostně právní, Praha 4, Czech Republic)

Title:

Abstract:

5. JUDr. Eva Brucknerová, Ph.D. (Masarykova univerzita, Právnická fakulta, Brno, Czech Republic)

Title: The Possibilities of Imposing Criminal Measure of Community Service for Youth

Abstract: The paper deals with the imposition of criminal measures for community service to minors and children under 15 years of age, as both these groups fall under Act No. 218/2003 Coll., On Juvenile Justice. It also analyzes a similar institute of socially beneficial activities as one of the educational measures under the Act on the Judiciary in Youth Matters. The aim of the paper is to analyze the legal regulation and evaluate the possibility of imposing this measure for children under 15 years of age, or to use this "punishment" for committing another illegal act of a child or a juvenile.

6. prof. JUDr. Jozef Čentéš, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia) , co-author: JUDr. Andrej Beleš, PhD., Ústav európskeho práva Právnickej fakulty UK; JUDr. Ján Šanta, PhD., LL.M.

Title: Selected Aspects of Forfeiture Penalty

Abstract: The authors of the report focus on the current decision-making activity of courts in Slovakia and the Czech Republic concerning the punishment of forfeiture of things and, in general, penalties that affect property rights. They also analyze the findings in the European context.

7. Associate Professor Piotr Chlebowicz (University of Warmia and Mazury in Olsztyn, Faculty of Law and Administration, Olsztyn, Poland)

Title: Organized crime in Poland. Selected problems

Abstract: Organized crime is a phenomenon that occurs internationall. The main areas of activity of Polish criminal groups are: production, smuggling and drug trafficking, arms trade, smuggling of excise goods (e.g. alcohol, cigarettes, liquid fuels), gambling, racketeering, robbery attacks and kidnapping ransom. Organized crime is particularly quickly found and spreading in the environment of new technologies. This paper shows how organized crime is regulated in Poland in comparison to chosen EU countries. The aim of this paper is to present advanced rearch on this area that should be taken into account in regulations regarding organized crimes.

8. Mgr. Petra Dražová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Taking of evidence in relation to penalty

Abstract: Taking of evidence represents a crucial and essential element of the criminal proceedings because of results arising from evidence gathered are the basis for the court deciding on the merits of the case. However, in practice may occur situations in which a person pleads guilty and agrees that he committed the offense he was charged with. Therefore, the whole process of taking evidence is reduced and determined by the question of type and degree of penalty. The paper deals with selected aspects related to the taking of evidence, in particular, the issue of penalty.

9. JUDr. Jozef Griger (Generálne riaditeľstvo Zboru väzenskej a justičnej stráže, odbor výkonu väzby a výkonu trestu, Bratislava, Slovakia)

Title: Individualization of the method of imprisonment

Abstract: The current legal regulation of the system of individualization of the method of imprisonment in the Slovak Republic is based on criminal law criteria and links the imposition of imprisonment with the determination of the method of its execution. The aim of the paper is to point out the shortcomings of this regulation and, in the light of the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, to propose solutions aimed at differentiating prisoners based on security risks, skills and needs determined by the prison service.

10. JUDr. Denisa Hamranová, PhD. (Okresná prokuratúra Nové zámky, , Nové Zámky, Slovakia)

Title: New application "punishment of forfeiture of a thing - automobile vehicle for natural and legal persons

Abstract: The author deals with the application of the punishment of car forfeiture at FO and PO.

11. JUDr. Natália Hangáčová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Imposing penalties for tax crimes in the Slovak Republic and the United States of America

Abstract: The article is based on available information, i.e. penalties imposed on convict currently serving the sentence of imprisonment for selected tax crimes in the Slovak Republic and the relevant legislation regarding penalties for such crimes. It compares this knowledge with the legislation on penalties which may be imposed for tax crimes in the United States of America at federal level and in the State of Illinois.

12. Mgr. Lucia Hrdličková (Trnavská univerzita v Trnave, Právnická fakulta, Trnava, Slovakia)

Title: Imposing penalties on healthcare professionals for crimes committed in the exercise of their profession

Abstract: The author deals with the issue of imposing penalties on healthcare professionals for crimes committed in connection with their medical profession. The paper is based on the analysis of specific cases. These cases help us to point out the types of penalties and penalty rates imposed on convicted doctors for acts performed during treatment, diagnosis or medical procedure.

13. Mgr. Sebastián Janko (Akadémia Policajného zboru v Bratislave, , Bratislava, Slovakia)

Title: The cumulation of administrative (tax) and criminal sanctions in the light of ne bis in idem principle

Abstract: In its first part, the contribution analyzes the contents of ne bis in idem principle, which constitutes an integral part of Slovak legal order, in the context of domestic, as well as european and international regulations. Subsequently, the question of possible cumulation of administrative and criminal sanctions with regard to tax crimes is examined, with emphasis on relevant case law. Particular attention is dedicated to aspects related to criminal liability of legal persons.

14. prof. JUDr. Jiří Jelínek, CSc. (Univerzita Karlova, Právnická fakulta, Praha, Czech Republic)

Title: The purpose of the sanction of legal entity

Abstract: In this paper, the author critically evaluates the current legal regulation of sanctioning legal entities in the Czech Republic. He focuses on the question of the purpose of sanctions imposed upon legal entities, when the Czech law on criminal liability of legal entities does not regulate such a purpose in any way. The legislator's emphasis on the repressive aspect of the sanction can be considered problematic. On the contrary, the rehabilitative function of punishment is greatly weakened in the Czech legislation. The author also deals with the system of guidelines for sanctions in the Czech law as a basis for defining the purpose of sanctioning in general.

15. prof. JUDr. Věra Kalvodová, Dr. (Masarykova Univerzita, Právnická, Brno, Czech Republic)

Title: The Extermination of the Penalty of Banishment

Abstract: This article deals with the penalty of banishment and posiibility of its extermination namely from the view of the topical Decision of the Constitutional Court. l

16. Mgr. Katarína Kandová (Masarykova univerzita, Právnická fakulta, Brno, Czech Republic)

Title: Chosen aspects of sanctioning criminal offences committed on social networks

Abstract: The author of this conference contribution will deal with issue of sanctioning internet comments approving terrorist attacks that are threatened by 5 to 15 years of sentence of imprisonment in the Czech criminal law, as well as substantial and procedural legal consequences of criminal liability (i.e. including diversions as procedural measures of sanctioning nature) for hate speech on social networks, mainly with regard to the Czech application practice.

17. Doc., JUDr. Marek Kordík, PhD., LL.M. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia) , co-author: Mgr. Ing. František Vojtuš, Dr. h. c. prof. JUDr. Lucia Kurilovská PhD

Title: Selected aspects of confiscation of property and confiscation o an item.

Abstract: The paper deals with selected practical obstacles of execution of forfeiture of property and forfeiture of an item by analysis of the competence of the Investigator and the Prosecutor according to Criminal Procedure Code, but also analysis and procedure of the Service of the Criminal Police before criminal proceeding in the so-called. operational phase.

18. Doc. JUDr. Zdeněk Koudelka, PhD. (Masarykova univerzita, Právnická fakulta, Brno, Czech Republic)

Title: Offsetting Remand from other Criminal Proceedings to Punishment

Abstract: The paper deals with the issue of custody in case of multiple criminal prosecutions of one person. It is a situation where in one criminal proceeding there was no conviction but there was a custody in it and in the second criminal proceeding there is a custodial sentence.

19. Mgr. Matúš Kováč (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Application of the ne bis in idem principle in relation to criminal liability of a legal person

Abstract: Article is focused on the application problems associated to the ne bis in idem principle in relation to criminal liability of a legal person

20. Dr. h. c. Prof. JUDr. Lucia Kurilovská, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia) , co-author: Dr. Marek Kordík, Mgr. František Vojtuš

Title: Selected aspects of confiscation of property and confiscation o an item.

Abstract: The paper deals with selected practical obstacles of execution of forfeiture of property and forfeiture of an item by analysis of the competence of the Investigator and the Prosecutor according to Criminal Procedure Code, but also analysis and procedure of the Service of the Criminal Police before criminal proceeding in the so-called. operational phase.

21. JUDr. Alexandra Letková, PhD. (Univerzita Mateja Bela, Právnická fakulta, Banská Bystrica, Slovakia)

Title: The Punishment of Sexual Orientation in the Czechoslovak Republic

Abstract: The author deals with the punishment of homosexuals in the Czechoslovak Republic, especially in the interwar period. Through specific cases she analyzes strictness or laxity in punishing homosexuality as well as in the executions. Last but not least, the paper answer the question whether the legal practice complied with the legal regulation resp. what kind of legal interpretation was used in "Homosexual offenses".

22. JUDr. Jakub Ľorko, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia) , co-author: JUDr. Barbora Tallová, PhD. - Generálne riaditeľstvo Zboru väzenskej a justičnej stráže

Title: The importance of recidivism for criminal policy

Abstract: The basic objectives of each country's criminal policy are the effective treatment of criminals so that they do not pursue their criminal careers. Information about a possible recidivism is a significant measure of success or failure of individual interventions of the justice system. The authors of paper focus on the concept of recidivism, its types of division, perception in the international framework and its usefulness in measuring effectiveness in criminal policy.

23. Mgr. Marcela Lukášová (Masarykova univerzita, Právnická fakulta, Brno, Czech Republic)

Title: Alternative punishments for traffic crimes

Abstract: Criminality in the tradic has a specific position among other types of criminality. Road transport is an essential part of the everyday life of most people in today's modern civilization, simply because it is all around us and cannot be avoided. In the case of road traffic (as opposed to other modes of transport), drivers are usually ordinary persons with the appropriate driving license who are not continuously trained and are not obliged to improve, such as professional drivers. Knowledge of road traffic has only general, often experienced. Knowledge of road traffic has only general, often experienced. All such drivers are potential perpetrators of negligent traffic crime. Professional and public education, it is clear that these crimes are mostly social harmfulness less than other crimes against life and health. Alternative penalties seem to be appropriate to punish such perpetrators. The author will focus on what specific alternative punishments can be imposed for a given crime under the Criminal Code, which of them may be the most appropriate and what shortcomings exist.

24. PhD Elena Maksimova, assistant professor (Goce Delcev University, Faculy of Law, Shtip, Macedonia)

Title: CONSEQUENCES OF IMPOSITION OF PRISON SENTENCE ON A WOMAN AS A PERPETRATOR

Abstract: Just as it is extremely important for proper crime understanding, and also crime forecasting, to get into the motives of the ones who are committing the crime, it is no less important to recognize the consequences that follow a person after committing a crime. The threatening consequence is the most common element for initially deterring persons from committing crimes at first place. The consequence, is normally, what follows after the crime has been committed over longer periods of time. The sentence that a person gets convicted of committing a crime is just a small announcement of the big picture that is coming to life, caused by previous criminal activities. The sanction is a social reaction, and it is unrealistic to equate it completely with the consequence. The consequence is much wider than the sanction itself and affects a wider range of persons. The consequences of committed a crime do not affect both sexes on a same way. Moreover, the prison sentence imposed on women affects them much harder than when it comes to men. Mainly, because of the social role that women have. However, there is insufficient scientific talk about women as perpetrator of crimes. Moreover, a detailed etiological study, for the reasons and consequences of female criminality is almost non-existent, or is one-sided. It is necessary, for proper understanding of criminology in general, to separate the studies for woman as perpetrator from the ones that are done for the main perpetrator (man), and in order to prevent the crime done by a woman – to find the reasons and the consequences that follow a woman when she is faced with the hardest punishment of all – the prison.

25. JUDr. Katarína Masár Kupková ( JUDr. Katarína Masár Kupková, , Bratislava, Slovakia) , co-author: JUDr. Dávid Šimek, PhD.

Title: Detention of a person by a police officer under the section 85 of the Criminal procedure code

Abstract: The authors focused on the person by a police officer under the section 85 of the Criminal procedure code in practice.

26. JUDr. Stanislav Mihálik (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia) , co-author: Mgr. Filip Vincent

Title: Application and interpretation questions related to the penalty of prohibition to undertake certain activities

Abstract: The author deals in this paper with a relatively traditional penalty of prohibition to undertake certain activities, focuses on the application and interpretative level related to it, supplemented by the approaches of decision-making practice and knowledge based on historical comparison. The specific part of the paper focuses on the imposition of a penalty of prohibition to undertake certain activities related to possession and carrying of firearms.

27. Dr. Noémi Orosz (Eötvös Loránd University Faculty of Law, Department of Criminal Law, Budapest, Hungary)

Title: Controversial issues about real life imprisonment in the Hungarian legal system

Abstract: We can declare as a fact, that since the abolition of death penalty across Europe, nowadays – at least in the modern legal systems – (real) life imprisonment is one of the most controversial sanctions. The European Court of Human Rights – in a scope of various countries – looked into the problematics of the institution several times, also addressed main standards for the European countries to follow and rely on. At the European national level, there is quite a variety of standards regarding life imprisonment. Some states intend life sentences to be actually “lifelong”, others take the position that life sentences are unacceptable. Hungary is one of the first countries, since the abolition of capital punishment, the so-called real life imprisonment became the most severe sanction in the Hungarian legal system. In Hungary we can differ between two types of life imprisonment. The distinction is based on the possibility of parole, which means in case of excluding the possibility of conditional release, we use the expression “real life imprisonment”. The Hungarian regulation of the real life imprisonment raised several questions and concerns in national and international levels as well. According to the European Court of Human Rights case law (such as Kafkaris v. Cyprus, no. 21906/04., Vinter and Others v. the United Kingdom, 66069/09, 130/10, 3896/10., László Magyar v. Hungary, 73593/10.) can be considered as a violation of Article 3 of the European Convention on Human Rights – inhuman or degrading treatment or punishment – if the mitigation of the sentence, or the possibility of parole is – de iure and de facto – already excluded in the imposition. The Court has also stated, that the possibility of conditional release shall be considered at least after 25 years in every case. It can be stated, that the main issue around real life imprisonment, that the standards and jurisprudence defined by the European Court of Human Rights at first were not even followed, after that were not implemented properly. In my opinion, however in the past years several human rights-oriented NGO, the Hungarian legislation, the Constitutional Court, even the European Court of Human Rights focused on and tried to solve problem, the current regime and regulation does not meet the standards and should be revised. In my presentation I would like to highlight the issues around the real life imprisonment in Hungary, especially with regard to the jurisprudence of the European Court of Human Rights. I would like to approach the topic in a solution-oriented state of mind, also highlight some possible ways to handle the – yet – unsatisfactory situation.

28. prof. JUDr. Margita Prokeinová, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Sanctioning the criminal offense of sexual abuse

Abstract: The author of the article focused on the types of sanctions in general level and for sanctioning the criminal offense of sexual abuse of a theoretical and practical point of view, while we were based on the decisions of the courts of the Slovak Republic when analyzing the imposition of sanctions for this criminal offense.

29. Mgr. et Mgr. Tereza Raszková (Institut pro kriminologii a sociální prevenci, IKSP, Praha 5, Czech Republic) , co-author: Mgr. Petra Zhřívalová, Ph.D.

Title: Changes in the Czech prison system

Abstract: The paper deals with the current system of imprisonment in the light of changes with an emphasis on current knowledge of the prison population. In particular, it deals with the changes that occurred in practical terms after the reduction of four types of prisons to two.

30. Mgr. Martin Rezek, LL.B. (Policejní akademie ČR v Praze, fakulta bezpečnostně právní, Praha 4, Czech Republic)

Title: ***

Abstract: ***

31. prof. JUDr. Sergej Romža, PhD. (Univerzita P.J. Šafárika, Právnická fakulta, Košice, Slovakia)

Title: The right to a quality defense as a part (attribute) of the rule of law

Abstract: The right of defense is a fundamental right of the accused person, which is guaranteed both by international documents and by internal rules. An integral part of the rights of defense of the accused is also the right of the accused to a certain quality of defense if the defense is to fulfill its function. The quality of the defense is determined by a number of factors, both procedural and tactical. The attorney is the bearer of this obligation, the guarantor is the state.

32. doc. JUDr. Filip Ščerba, Ph.D. (Univerzita Palackého v Olomouci, Právnická fakulta, Olomouc, Czech Republic)

Title: Alternative punishments imposed for serious crimes

Abstract: The article deals with possibilities of imposing alternative punishments to the perpetrators of serious crimes. Current Czech criminal law enables use of some alternatives only when a petty crime is committed; when a serious crime in sentenced, the court often have to choose only between imprisonment and conditional sentence. The article offer some critic overview of this legal regulation and also some proposals de lege ferenda.

33. JUDr. Dávid Šimek, PhD. (JUDr. Dávid Šimek, PhD., , Tatranská Štrba, Slovakia) , co-author: JUDr. Katarína Masár Kupková

Title: Detention of a person by a police officer under the section 85 of the Criminal procedure code

Abstract: The authors focused on the detention of a person by a police officer under the section 85 of the Criminal procedure code in practice.

34. Mgr. Igor Slovák (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Custody as a sanction?

Abstract: The paper focuses on the position of custody as an institute of detention of natural persons for the purpose of criminal proceedings, which, bears some common features with imprisonment. Custody, the primary purpose of which is not to punish, can be considered as part of this sanction when it applies the provisions of the Criminal Code that are included in the unconditional imprisonment. In addition to a comparison of these institutes, the author focuses on the penal function of custody.

35. PhD Denis Solodov, associate professor (University of Warmia and Mazury in Olsztyn, Department of Law and Administration, Olsztyn, Poland)

Title: Access to legal advice and forced confessions in criminal proceedings

Abstract: The right to legal assistance is one of the most important guaranties of a fair trial. Nevertheless, in the recent decisions the European Court of Human Rights consequently narrowed the conditions on which such a right can be exercised. Therefor, the issue of police coercion and forced confessions became vital. The author will discuss the latest developments in the European Court case-law regarding the right to legal assistance, its merits and demerits, as well as the measures that can considerably low the risk of non-voluntary confessions. The author will also present the results of a study conducted within the Department of Criminalistics and Forensic Medicine considering non-voluntary true and false confessions in criminal proceedings.

36. prof. JUDr. Tomáš Strémy, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Criminal policy in the Federal Republic of Germany

Abstract: Author of the article analyzes the criminal policy in the Federal Republic of Germany. This content of the article shows elementary codes in criminal law, i.e. the Criminal Substantive Code, the Criminal Procedural Code, the Enforcement Act and the Juvenile Courts Act, which are federal laws. Futhermore, author in the article point out on investigation and prosecution system, which is independent from the police. Finally, the author discusses other juvenile courts, respectively. young adults.

37. JUDr. Martin Štrkolec, PhD. (Univerzita P.J. Šafárika, Právnická fakulta, Košice, Slovakia)

Title: Conditional release from imprisonment with ordered control by technical means - an effective instrument for the privatization of criminal proceedings?

Abstract: The author deals with a relatively new institute of conditional release from imprisonment with technical control in the case of crimes after the execution of one half of the unconditional imprisonment imposed. The author analyzes both the legislative and application-related aspects of the institute in question, not forgetting to pay attention to possible and identified problems related to the use of technical means in criminal proceedings.

38. doc. JUDr. Eva Szabová, PhD. (Trnavská univerzita v Trnave, Právnická fakulta, Nitra, Slovakia)

Title: The prohibition to undertake certain activities - selected problems of its imposition and execution

Abstract: The contribution will deal with the sanction of prohibition to undertake certain activities and special attention will be paid to the application problems that occur in the application practice in relation to this punishment. The contribution will focus specifically on issues related to the ne bis in idem principle as well as issues linked to suspension of execution and reckoning.

39. JUDr. Barbora Tallová, PhD. (Generálne riaditeľstvo ZVJS, -, Bratislava, Slovakia) , co-author: JUDr. Jakub Ľorko, PhD. - PraF UK

Title: The importance of recidivism for criminal policy

Abstract: The basic objectives of each country's criminal policy are the effective treatment of criminals so that they do not pursue their criminal careers. Information about a possible recidivism is a significant measure of success or failure of individual interventions of the justice system. The authors of paper focus on the concept of recidivism, its types of division, perception in the international framework and its usefulness in measuring effectiveness in criminal policy.

40. JUDr. Barbora Tallová, PhD. (Generálne riaditeľstvo Zboru väzenskej a justičnej stráže, -, Bratislava, Slovakia) , co-author: JUDr. Jakub Ľorko, PhD., PraF UK

Title: The importance of recidivism for criminal policy

Abstract: The basic objectives of each country's criminal policy are the effective treatment of criminals so that they do not pursue their criminal careers. Information about a possible recidivism is a significant measure of success or failure of individual interventions of the justice system. The authors of paper focus on the concept of recidivism, its types of division, perception in the international framework and its usefulness in measuring effectiveness in criminal policy.

41. Mgr. Nina Tarabová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Sufficiency of measures taken in criminal proceedings against domestic violence

Abstract: The article focuses on the practice of law enforcement authorities in case of suspicion of a criminal offense which may be subordinated under domestic violence and subsequent analysis of the imposition of sanctions and other measures by the court in the criminal proceedings. The article further analyzes the enforcement of these sanctions and other measures and considers their effectiveness for the protection of the victim.

42. JUDr. Alena Tibitanzlová, Ph.D. (Policejní akademie České republiky v Praze, , Praha, Czech Republic)

Title: The sanction of disqualification from performance of public procurement or from the tender attendance

Abstract: This paper deals with the sanction of disqualification from performance of public procurement or from the tender attendance

43. mgr Magdalena Trzeszczkowska (University of Bialystok, Faculty of Law, Bialystok, Poland)

Title: Adjudication and execution of punishment against recidivists in Polish criminal law

Abstract: The aim of the speech is to raise the issue of recidivists in Polish criminal law, primarily the principles of imposing a penalty against these criminals. The rules on adjudication of penalties contained in the Polish Penal Code will be discussed. In addition, the issue of imprisonment against reoffenders in Polish prisons will be raised.

44. Mgr. Lukáš Turay (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Criminal policy and sanctions

Abstract: The various discussion forums, conferences, theoreticians and practitioners agree on the need to create a new criminal policy system that reflects the greatest disadvantages of the current system. The paper presents a reflection on the criminal policy in relation to sanctions and the creation of criminal rates in the conditions of the Slovak Republic.

45. Mgr. Filip Vincent (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: On some issues of imposing sanctions in the conditions of the Slovak Criminal Code

Abstract: In this paper, the author focuses on the analysis of problematic issues related to the effective regulation of sanctions under the Slovak Criminal Code. In particular, he focuses on partial issues, for example in a sense of the non-conceptual nature of Section 51 para. 3 and 4 of the Slovak Criminal Code, detention issues or a wider context of imprisonment and related pitfalls. This paper presents an interesting suggestion for application practice and future scientific research through de lege ferenda proposals

46. Mgr. František Vojtuš (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Has the Specialized Criminal Court changed the approach to the crimes of extremism sentencing?

Abstract: The aim of the presented paper is to evaluate and analyse Specialized Criminal Court approach in relation to imposition of penalties in case of decision about crimes of extremism after 1th January 2017 when the subject-matter jurisdiction for decision making about the guilty and penalty for these offences has been devolute into of this court. At the same time, the aim of the paper is to evaluate whether the establishment of the subject-matter jurisdiction of the Specialized Criminal Court also has been involved a change in the composition of the penalties imposed for crimes of extremism compared to the previous period

47. doc. JUDr. Miroslava Vráblová, PhD. (Trnavská univerzita v Trnave, Právnická fakulta, Trnava, Slovakia)

Title: Criminal sanctions of offenders violent crime from public opinion point of view

Abstract: The paper focuses on criminal sanctions of offenders violent crime from public opinion point of view.

48. Mgr. Karin Vrtíková (Trnavská univerzita v Trnave, Právnická fakulta, Trnava, Slovakia)

Title: Extraordinary reduction of punishment with accent on its application in cases of cooperating accused

Abstract: This paper deals with the issue of extraordinary reduction of punishment, as an institute of substantive criminal law, which allows the court to impose a penalty even under the lower limit of the penalty imposed by the Criminal Code. The author of the paper defines the legal conditions of use of this institute.

49. mgr Dawid Zdrójkowski (University of Bialystok, Faculty of Law, Białystok, Poland)

Title: Retributive justice in the communist way. Decree on responsibility for the September defeat and fascistization of state life of January 22, 1946

Abstract: Retributive justice in communist way issue will be presented on the example of the decree on responsibility for the September defeat and fascistization of state life of January 22, 1946. This decree was intended for the Communists regime as a means to take revenge on pre-war officials and military personnel. The trials under the decree took place as so called secret trials, specifically without the defense lawyer. The main evidence were the defendant's explanations.

50. Mgr Petra Zhřívalová, Ph.D. (Institut pro kriminologii a sociální prevenci, IKSP, Praha 5, Czech Republic) , co-author: Mgr. et Mgr. Tereza Raszková

Title: Changes in the Czech prison system

Abstract: The paper deals with the current system of imprisonment in the light of changes with an emphasis on current knowledge of the prison population. In particular, it deals with the changes that occurred in practical terms after the reduction of four types of prisons to two.


3. Financial Law Section - Legal Professions as a Bridge Between Law and Economy


1. Mgr. Andrej Choma (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Dispute resolution of taxation

Abstract: As of September 1, 2019, the Act on Rules for Settlement of Disputes Concerning Taxation is effective. The law lays down rules for the resolution of disputes, which are intended, in particular, to avoid double taxation and preserve the related rights of the taxpayers concerned. The law has implemented a directive on the mechanism for resolving tax disputes. The Act is based on the applicable rules of the arbitration process, but at the same time it extends its scope to areas not yet covered by the rules. The subject of this paper is to evaluate individual rules and possibilities, where instead of litigation it is possible to solve taxation of the taxpayer in the form of "international arbitration".

2. JUDr. Ing. Tomáš Cibuľa, LL.M. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia) , co-author: JUDr. Natália Hangáčová

Title: (Non-)conceptual application of the institute of effective regret in criminal law to similar tax offenses in fact

Abstract: Criminal law contains the institute of effective regret, which can be applied to the crime of evasion of tax and insurance, but not to the crime of tax fraud, which is a special form of crime to the crime of evasion of tax and insurance. The aim of this paper is to point out that the factual actions leading to the commission of both crimes may be the same, but the final classification of this actions as a crime of tax fraud or evasion of tax and insurance, and thus (im)possibility of applying effective regret, depend on completely different circumstances, which may not at all have the nature of an infringement. For this reason, the current setting of effective regret can be assessed as non-conceptual.

3. doc. JUDr. Ľubomír Čunderlík, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Qualification for the management of a financial institution and for the resolution of disputes relating to financial products

Abstract: The paper focuses on the ability of lawyers to perform qualified activities on the financial market, namely in the management bodies of financial institutions and within their crisis regimes (forced administration and bankruptcy, particularly in the context of the Slovak Constitutional Court´s Judgement). It also analyzes the prerequisites of disputes resolution concerning financial products.

4. JUDr. Michal Dáni (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia) , co-author: Ing. Zdenka Lukáčková PhD., Právnická fakulta UK, Ústav ekonomických vied

Title: Economic and legal aspects of the bailiff's activities in the context of other changes to the Enforcement Order

Abstract: By adopting the Enforcement Code, the bailiff, created on the principle of freelance profession, gradually gained confidence in the enforcement proceedings. The elimination of dualism in civil enforcement was a manifestation of the effectiveness of the new system. The bailiff's benefits are manifested not only in the legal but also in the economic area, as the bailiff's success affects the revenue side of both public corporations and the state of the business environment. Amendment to the Enforcement Code by Act No. 2/2017 Coll. it substantially strengthens the scope of the powers of the bailiff at the expense of the court, thereby reducing the demands on public finances, but at the same time removing the bailiffs from the Social Insurance Agency's administration. Act no. 233/2019 Z.z. on the closure of certain execution proceedings and on the amendment of certain acts has caused a wide discussion among others on the costs of the execution proceedings. This creates scope for analyzing the bailiff's contribution to public finances from various aspects as well as assessing the suitability of the bailiff for various types of claims.

5. JUDr. Yana Daudrikh, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Representation of a client by an attorney in customs proceedings.

Abstract: One of several legal professions reflecting the link between economics and law is an attorney. The main activities of an attorney include representing the client in various types of legal proceedings. The content of this paper describes the relationship between the lawyer and the client in the customs proceedings. As customs proceedings have several stages, we will draw our attention to the general aspect of representation.

6. JUDr. Natália Hangáčová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: (Non-)conceptual application of the institute of effective regret in criminal law to similar tax offenses in fact

Abstract: Criminal law contains the institute of effective regret, which can be applied to the crime of evasion of tax and insurance, but not to the crime of tax fraud, which is a special form of crime to the crime of evasion of tax and insurance. The aim of this paper is to point out that the factual actions leading to the commission of both crimes may be the same, but the final classification of this actions as a crime of tax fraud or evasion of tax and insurance, and thus (im)possibility of applying effective regret, depend on completely different circumstances, which may not at all have the nature of an infringement. For this reason, the current setting of effective regret can be assessed as non-conceptual.

7. doc. JUDr. Ing. Matej Kačaljak, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: VAT fraud and abuse of law in VAT in legal doctrine and application practice in Slovakia

Abstract: The concepts of VAT fraud and abuse of law in VAT seem to be settled to some extent in the case law of Court of Justice of the European Union and in the legal doctrine. The contribution summarises basic definition features of both concepts with implications for practice. Subsequently these are compared against the corpus of recent decisions of the Supreme Court of the Slovak Republic. The results indicate than not all definition features of both concepts are solidly settled in the Slovak application practice.

8. Mgr. Ing. Maroš Katkovčin (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Public-law and private-law investor protection instruments on the financial market

Abstract: The aim of the contribution is to identify and confront public-law and private-law investor protection instruments within the framework of models of collective and individual management of an investor's property on the financial market in the Slovak Republic. The author deals in particular with the analysis of private-law instruments of investor protection on the financial market and makes de lege ferenda considerations, also in the context of current efforts to recodify civil law in the Slovak Republic.

9. Mgr. et Mgr. Ladislav Križan, PhD., DAS (Lausanne) (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Experts and/or Valuation Professionals?!: Who and how (should) have the right to valuate in the Slovak Republic

Abstract: The new Act on Experts (382/2004 Coll.) with related regulation should gradually positively change the quality level of expert activity including valuation in the Slovak Republic after 1. September 2004. Did it happen? What has the implementation of the new complex regulation including its amendments shown after more than 15 years after its first entry into force? Which mechanisms have proven to be effective and which have not? The calibration of subtle and related details given in new possible regulation replacing Decree 492/2005 Coll. may be decisive for the future of valuation in the Slovak Republic. Consistency in the usage of words and terms from International Valuation Standards and other IVSC regulations and broad participation process during creation of this new regulation including professions coming from different fields of science, including also representatives of legal professions as well, will be necessary.

10. Doc. JUDr. Soňa Kubincová, PhD. (Univerzita Mateja Bela, Právnická fakulta, Banská Bystrica, Slovakia)

Title: .

Abstract: .

11. JUDr. Tatiana Kubincová, PhD. (Univerzita Mateja Bela, Právnická fakulta, Banská Bystrica, Slovakia)

Title: .

Abstract: .

12. Ing. Zdenka Lukáčková, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia) , co-author: JUDr. Michal Dáni

Title: Economic and legal aspects of the bailiff's activities in the context of other changes to the Enforcement Order

Abstract: By adopting the Enforcement Code, the bailiff, created on the principle of freelance profession, gradually gained confidence in the enforcement proceedings. The elimination of dualism in civil enforcement was a manifestation of the effectiveness of the new system. The bailiff's benefits are manifested not only in the legal but also in the economic area, as the bailiff's success affects the revenue side of both public corporations and the state of the business environment. Amendment to the Enforcement Code by Act No. 2/2017 Coll. it substantially strengthens the scope of the powers of the bailiff at the expense of the court, thereby reducing the demands on public finances, but at the same time removing the bailiffs from the Social Insurance Agency's administration. Act no. 233/2019 Z.z. on the closure of certain execution proceedings and on the amendment of certain acts has caused a wide discussion among others on the costs of the execution proceedings. This creates scope for analyzing the bailiff's contribution to public finances from various aspects as well as assessing the suitability of the bailiff for various types of claims.

13. JUDr. Adrián Popovič, PhD. (Univerzita P.J. Šafárika, Právnická fakulta, Košice, Slovakia)

Title: Qualified Representation of Tax Subjects and Other Persons in Tax Administration - Assumptions and Reality

Abstract: The author evaluates various possibilities of representation of tax subjects and other persons given by valid and effective wording of Act no. 563/2009 Coll. on Tax Administration (Tax Procedure Code) and on amendments to certain acts as amended. In this sense, the author deals with the assessment and specification of various groups of persons, who are qualified to represent and defend the rights of tax subjects and other persons in the implementation of tax administration. He then examines the anticipated differences arising between these groups of persons with regard to the exercise of their activities, their membership of the organizations associating their activities and their anticipated educational and experience background in law and economics.

14. JUDr. Jozef Sábo, Phd. (Univerzita P.J. Šafárika, Právnická fakulta, Košice, Slovakia)

Title: Standards for evaluation of evidence and tax admnistration

Abstract: The article deals with new approarchs to evaluation of evidence and with opportunities for their implementation in tax admninistration.

15. JUDr.Ing. Peter Slávik, PhD (Advokátska kancelária JUDr.Ing.Peter Slávik,PhD, , Malacky, Slovakia)

Title: Role of advocate in tax audit

Abstract: Article declares and demonstrate role of advocate in tax audit. Analyses consequences and relations within recent case law and court decisions. Points moments, when the legality od tax audit proceeding is needed to take in concern which absents in favour of economical rationality.

16. Mgr. Michal Úradník (Univerzita Mateja Bela, Právnická fakulta, Banská Bystrica, Slovakia)

Title: Ingerence of legal professions in financial consumer protection

Abstract: In terms of the constitutional statement, the Slovak Republic belongs to the rule of law economies operating on the principles of the market economy. Based on the characteristics of the market economy, which is valid in all countries of its jurisdiction, it is possible to accentuate the basic feature, namely the relationship between the supplier and the consumer, with the presumption of consumer perception as a weaker side of the legal relationship. This result has had a significant impact on legislation not only on private law. In terms of public law, especially financial law, it is possible to point out the institute of protection of the financial consumer, applied both at the level of legislation of the Slovak Republic and the European Union. The concept of purely economic, consumer, thus extends to the legal sphere, precisely by integrating the activities of individual legal professions, starting at the level of the legislative process, through the lawyer's obligation to protect and enforce the client's rights and interests and obey his instructions.


4. Financial Law Section - Contemporary Challenges to Legal Professional Privilege


1. Mgr. Tibor Hlinka (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Third Party Data

Abstract: The article deals with third party data and their use in the light of taxation.

2. Jeremiasz Kalus (Wydział Prawa i Administracji, Uniwersytet Śląski, Katowice, Poland)

Title: Legal solutions to the arising problem of tax heavens and its influence on the European economy

Abstract: It is difficult to provide a uniform and effective definition of a tax haven in every case, as many jurisdictions present different forms of tax haven, but they always have one aspect in common - a favorable tax policy. Tax havens are also known as the "oasis states” or as companies operating there call themselves: “international offshore financial centers”. The last term is becoming more and more popular nowadays. The Organisation for Economic Co-operation and Development (OECD) has decided to define in part the phrase that is the subject of this article in its 1998 guidelines. This explanation is partial, as it only indicates the features that a country's tax system must meet in order to be considered as a tax haven, or as it is defined in the legislation "country or territory applying harmful tax competition". We can formulate a general definition of a tax haven on the basis of the above mentioned guidelines. A tax haven will therefore be called a country or geographical area whose legal system, in particular tax system, is extremely lenient for foreign capital. Estimable, it is around $32 trillion as the total (annual) amount of money hidden in tax havens all over the world.

3. Mgr. Andrea Koroncziová, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Legal Professional Privilege and DAC 6

Abstract: DAC 6 is the 5th amendment of the Directive on administrative cooperation in tax matters. This amendment secures exchange of information about the cross-border reportable arrangements. These arrangements are created mainly by tax advisors, lawyers, accountants etc. Some of the creators of arrangements enjoy statutory legal professional privilege and the question is breach it or does not breach it, is it possible to breach it?

4. Mag., et Mgr. Branislav Kováč (VGD Slovakia s.r.o., , Bratislava, Slovakia)

Title: Legal professional privilege of tax advisers in Slovakia

Abstract: This article outlines the aspects of the legal professional privilege of tax advisers which is included directly in the Act on Tax Advisers in Slovakia. It also explains the interaction of this law with the Slovak Code of Criminal Procedure. For the moment, there is yet another challenge related to this topic. It is the interaction of the criminal law with the Directives of the EU regarding the anti-money-laundering. Now as there is the 5th Amendment of this Directive, which is being transposed into the Slovak legislation, there are new and difficult challenges for the tax advisers when dealing with this issue in practical cases

5. Mgr. Ján Mazúr, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Comparison of bank secrecy, tax secrecy, trade secret and attorney-client privilege

Abstract: In the paper I present a structured analysis and a comparison of the various institutes of secrecy (privilege) in order to evaluate the legal protection provided to each type of protected information.

6. ASSISTANT PROFESSOR KRISTINA MISHEVA, PhD IN LAW (FACULTY OF LAW, GOCE DELCEV UNIVERSITY, , Stip, Macedonia)

Title: The institutional and legal framework of the open-end investment funds according the Macedonian legislation

Abstract: The open-end investment funds are type of institutional investors commonly used by retail ( small) investors. These financial institutions are intermediaries that enables an alternative away of investment to the small investors. Accordingly, this is the reason why their popularity raised up in the last decade on the Macedonian market. According the Macedonian Law on investment fund these types of funds are not legal subjects, but this is provided by the licensed fund management company that governed with the fund/funds under strict legal norms. Moreover, the Macedonian legislation has implemented or transponded more of the provisions under the UCITS directive which enables these types of funds to operate freely thought the EU

7. Mgr. Peter Rakovský, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Mandatory disclosure regime in relation to cross-border arrangements

Abstract: Mandatory disclosure regime about cross-border arrangements has been recently the subject of legislative activity that influence the activities of intermediaries and taxpayers. Exchange of information is of accelerating importance in the tax area, resulting in significant and demanding activities of organizations such as OECD or European Union. The aim of such measures is to reduce tax evasion and to provide sufficient information for tax administration purposes. However, the question arises as to whether reporting such information is sufficiently evaluated. The subject of this article is to review recent legislative activities in this area and to quantify its impact on taxpayers.


5. Legal History Section - Development of Private Law Terminology in Slovakia


1. JUDr. Iva Dudášová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Comparison of the Formation and Dissolution of Marriage on the territories of Slovakia and France in the First Half of the 20th Century

Abstract: The paper deals with the comparison and a closer look at some of the key terms of family law on two territories – the territory of Slovakia and in France. The aim will be to introduce the determinants of the basic term marriage and to point out the political changes that shaped its legislation in the French Code Civil and the assessment of the dynamics of changes in France. We will analyse the same for the territory of Slovakia until the adoption of the Act no. 265/1949 Coll. on Family Law. Our focus in the first part is to show a historical overview of key institutes of marriage and divorce in the 19th century and in the second part, building on the broader term of marriage, to compare the conditions of its formation (entering into a marriage) and the possibilities of its dissolution on both territories.

2. JUDr. Martin Gregor, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Development and Characteristics of Betrothal Institution in Slovakia in the First Half of the 20th Century

Abstract: The contemporary legal system uses the term betrothed for those who intend to marry, although it does not recognize the legal institution of betrothal. Consequently, the betrothal can be qualified as a factual reality. The submitted paper returns to the times when the relationship of betrotheds constituted also an autonomous relationship from the legal point of view and it presents the analysis of the position of betrothal in the legal system in Czechoslovakia in the first half of the 20th century until it was excluded in 1949. On the basis of the analysis the paper also brings the deeper terminological characteristics of the betrothal institution resulting especially from the research on various parallels in the Roman and Canon law.

3. Mgr. Adam Köszeghy (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Foreign trade enterprise as a form of legal entity in international trade

Abstract: The paper deals with the position of a foreign trade enterprise as a legal entity exclusively engaged in international trade from its institutional establishment into the legal order to its actual activity and existence in Czechoslovakia. A foreign trade enterprise could be defined on the basis of several unique features that distinguished it from other legal entities in Czechoslovakia as a factual (branch) specialization of individual enterprises, property separation from the state or a legal personality different from the legal personality of Czechoslovakia.

4. Doc. Mgr. Miroslav Lysý, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Act or code?

Abstract: The article is concerned with the terminological development of words act (zákon) and code (zákonník) in legal terminology at the territory of Slovakia and with influences of Czech, German and Hungarian legal language. Object of the analysis shall be also the relevance of using the word "code" in the title of enactment for the legal order.

5. Marcin Maminski (Marcin Mamiński, , Warszawa, Poland)

Title: Historical differences of the profession of a attorneys () and legal advisor

Abstract: The subject of the study is to show the historical conditions for the existence of two legal corporations in Poland, it means: attorneys and legal advisors. The beginnings of legal advisors date back to 1961, when it was decided in Poland to create a separate group of lawyers whose task would be to protect the legal interests of state enterprises and banks. This solution was obviously supported by political and ideological considerations of that time. As a result of the development and slow drawing forward of both corporations, from 2015, the rights of attorneys and legal advisors are almost identical. The aim of the study is not only legal and historical analysis, but also an analysis of the legitimacy of the existence of both corporations in the current legal status. Explaining the reason for the existence of two legal corporations in Poland with similar competences is extremely important for lawyers from other European countries where this division does not exist. This study allows for a better understanding of legal services, including legal representation, in Poland by lawyers from countries neighboring Poland.

6. JUDr. Viktória Marková (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Laesio enormis- the future of the Slovak civil law (?)

Abstract: This submitted article provides an analysis of the development of jurisprudence related to the laesio enormis in Slovak legal order. Furthermore, the purpose of the article is to formulate de lege ferenda notions for the Slovak legislature based on the legislation and practice of courts concerning laesio enormis in other EU Member States.

7. Mgr. Lenka Martincová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: From commercial companies to socialist organisations. The evolution of a legal person after the year 1950 with a focus on economic relations

Abstract: The paper deals with the understanding of a legal person in Czechoslovakia in the period following the events of February 1948. The author describes the repeal of Commercial Codes in the year 1950 and discusses the definition of a legal person in the 1950 Civil Code and in the works of the leading representatives of Czechoslovak jurisprudence. The final part of the paper is dedicated to the formation of a socialist organisation in the year 1964 and its definition in the Economic Code

8. Priv.-Doz. DDr. Antonio Merlino, . (University of Salzburg and Trento, Salzburg, salzburg, Austria)

Title: Walter Benjamin and Hermann Heller

Abstract: Walter Benjamin and Hermann Heller

9. JUDr. Zuzana Mlkvá Illýová, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Legal Position of a Tenant in the Interwar Legal Order (court decisions and polemics)

Abstract: The main focus of the article will be on the protection of the tenant against the third parties in the Interwar Czechoslovak legal order, mainly with regards to the territory of Czech lands and Moravia. The paper will closely analyze a controversial decision of the Supreme Court of the Czechoslovak Republic No. 9076. Apart from the arguments used by the court in this decision, the article will also present the view of the contemporary jurisprudence.

10. doc. JUDr. Matej Mlkvý, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Concept of Posession in the Proposed Civil Code of the Pre-War Hungarian Kingdom

Abstract: The article will focus on the concept of possession in the proposed codification of civil law in the pre-war Hungarian Kingdom. The emphasis will be placed on the doctrinal polemic whether the traditional Roman concept of possession requiring inter alia the will of the possessor to hold the thing (animus possidendi) should be adopted or alternatively the German model used in the German Civil Code (BGB) which requires only the physical power over the thing (corpus).

11. Dott.ssa Jlenia Niederstatter (Universität Paris Lodron Salzburg und Universität Trient, , Salzburg, Austria)

Title: The illegality of the management board’s decision: the concept of “direct violation” of the shareholders’ rights.

Abstract: In the Italian system more than one remedy is offered to act against illegal behaviour of the management board’s members. Among them, a general rule has been codified in the article 2388 of the Italian Civil Code in order to allow a single absent or dissenting administrator and the supervisory board to counteract illegal decision taken by the management body. This article establishes the same opportunity to act for the single shareholder affected by a collegial operation only if he has been directly affected in his own rights. Doctrine and case law from the 1942 (year of publication of the Italian Civil Code) to the present day have studied the origin and meaning of the expression “direct affection” for long. The result of this reciprocal research has displayed a variety of contrasting opinions.

12. Mgr. Ján Sombati, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Several Remarks to the Evolution of Legal Institution of Self-Help on the Territory of Slovakia

Abstract: Submitted article provides a brief overview of the most important moments in a process of formation of legal institution of self-help on the terriory of Slovakia from the Middle Ages up to 20th century. Author in his article particularly points at gradual, principally by the evolution of a modern state caused shift from a relatively broadly defined legal institution, which in the beginning granted to individual opportunity to actively protect his individual rights also with the use of violence, to a legal institution, which leaved to individual only a narrow and precisely defined space for self-help protection of his rights and interests due to the fact that state became an exclusive protector of individual rights.

13. Bc. Filip Tubler (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Accessories and Component of a thing: A historical comparison of legal terms in „Yesterday's and Today's Perspective“

Abstract: In this paper, the author focuses on the concepts of accessories and component of a thing in the legal order in the territory of Slovakia, analyzes them and compares their understanding in the past and present.

14. Dott. Mag. Patrick Urru (University of Trento, PhD programme - European Cultures: Environment, Contexts, Histories, Arts,, Trento, Italy)

Title: Archiving oral history: legal and ethical issues

Abstract: Legal and ethical issues are a critical part of the production and use of oral sources. Oral history interviews are the result of a relationship based on trust, a “pact of confidence” between interviewer and interviewee. Given the intimate nature of these interviews, their acquisition, preservation and dissemination need particular care. This paper focuses on the difficult balance to be found between the need not to betray the interviewee’s trust, and the duty of the cultural institution (for instance, a library) allowing the interviews’ fruition to the public. This presentation takes into consideration the collection of oral history interviews (about 160 life stories) preserved in the “Claudia Augusta” Provincial Library of Bolzano, Italy. The first step to promote oral archives is the transcription of their content; to do this, the researcher has to deal with problems like informed consent, privacy and data minimization (GDPR and Italian legislation) according to the consultation rules of a public institution.


6. Labour Law Section - Labour Dispute


1. Mgr. Silvia Beňová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Recent case law of the ECHR on workplace video-surveillance

Abstract: Author of the article analyzes recent decisions of the European Court of Human Rights on the workplace video-surveillance of employees. In October 2019, the Grand Chamber of the ECHR in case Lopéz Ribalda v. Spain revised its decision of January 2018 and decided in favor of the employer. The key issue that the court´s decisions dealt with was whether it is possible to monitor employees in the workplace without prior notification by the employer. The article examines the decision in light of the previous ECHR decisions in this field.

2. Mgr. Michal Bučko (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Registration of working time according to judgement of the CJEU and the right to "disconnect"

Abstract: The aim of the scientific contribution is to analyze the judgement of the European Court of Justice in the case CCOO versus Deutsche Bank SAE as of 14th May 2019(C-55/18) and to assess its the impact on the recording of working time according to valid enactment of the Slovak Republic. The scientific contribution also deals with a relatively new institute of European labour law, the so called "Employee's right to disconnect."

3. Mgr. Michal Dittrich, Ph.D. (Západočeská univerzita v Plzni, Fakulta právnická, Plzeň, Czech Republic)

Title: Employee representation in labor disputes

Abstract: Procedural specifics of legal disputes concerning senior employee. The question of the evidence procedure concerning the obligation to offer a vacant job post pursuant to section § 73a ZP after the dismissal of the senior employee.

4. JUDr. Lenka Freel, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Some specifics of the labor disputes

Abstract: The article is covering the issue of some peculiarities of the labor disputes with the focus on specific decision/s.

5. prof. JUDr. PhDr. Tomáš Gábriš, PhD., LLM, MA (Trnavská univerzita v Trnave, Právnická fakulta, Trnava, Slovakia)

Title: Labour disputes in sports

Abstract: The ongoing scholarly and practical debate on dispute resolution in sports – be it via civil courts (disputes with a weaker party), arbitration courts or dispute resolution bodies created by national sports associations (reminiscent of the socialist labour dispute resolution) – received a new impetus by amendment No. 6/2020 Coll. to the Act on Sports. According to its explanatory memorandum, the amendment aims to allow athletes themselves and their clubs to choose between the status of dependent or independent work. This complicates the ongoing dispute by two additional questions - whether the wording of the amendment at all fulfilled the intention pursued by the explanatory memorandum, and what impact does the aforementioned choice have on the way in which labor disputes are to be resolved in sports.

6. JUDr. Jozef Greguš, PhD., LL.M. (Okresný súd Trnava, , Trnava, Slovakia)

Title: Bude doplnený

Abstract: Bude doplnený

7. doc. JUDr. Juraj Hamuľák, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Specifics of dispute resolution in terms of illegal work and illegal employment

Abstract: The paper deals with the specifics of imposing sanctions for illegal employment as well as the specifics of dispute resolution, which arise in the case of appeals against the decision to impose the same sanction.

8. Mgr. Miroslav Hromada, Ph.D. (Západočeská univerzita v Plzni, Fakulta právnická, Plzeň, Czech Republic)

Title: Deciding Labor Disputes in Civil Court Proceedings

Abstract: The aim of the paper is to analyze the characteristic elements of civil proceedings, namely the proceedings at issue. Subsequently, it will seek to answer the question whether the civil litigation can be used to resolve labor disputes in its general form or whether this process needs to be modified for this purpose. It will also examine the possibility of establishing a separate sector of labor justice.

9. Mgr. Pavel Kopecký (Univerzita Karlova, Právnická fakulta, Praha 1, Czech Republic)

Title: Jurisdiction of Civil Courts in Cases of Service Relationship of State Employees

Abstract: This contribution deals with range of jurisdiction of civil court in cases related to service relationship of state employees in the Czech Republic. Deciding of cases of service relationship standardly belongs to powers of administrative bodies and their decisions can be consequently revised by administrative courts. On the other hand, there are cases, which are decided by civil courts or by administrative bodies, but that decisions of administrative bodies are revised by civil courts, eg. protection against discrimination or reparation of damages. Author analyses that cases and focuses on relevant case-law and provisions determining jurisdiction and competence of civil courts.

10. JUDr. Eva Ladiverová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Effectiveness of individual labor disputes

Abstract: The article is aimed at summarizing of changes adopted by Act no. 160/2018 Coll. Civil Procedure Code, as amended, in the issue of individual labor disputes and to comparison of current legislation of other European states. The article is also focuses on the issue of qualifications of judges and advocates in individual labor disputes and the provision of effective protection of law in this area.

11. JUDr. Zuzana Macková, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Question Marks about Labour Disputes (in context of Civil Service)

Abstract: The article deals with labour disputes in context of civil service, stemming from violation of principles codified in Law No. 55/2017 OJL on civil service, such as the principle of legality, stability (which on individual level represents the principle of social protection of civil employees), principle of effective management (in cases when state or civil employees have been required to perform work during official leave) and the principle of equal treatment (prohibition of discrimination). The principle of legality and effective management are sometimes violated even on appeal or secondary level, when the central body of civil service (such a ministry) and its human resources department fails to respect the decision of the supervisory - controlling and monitoring body - the Council for Civil Service at the Office of Government of Slovak Republic, to rectify the illegal situation in line with the provisions of the Law on Civil Service. In such cases of maladministration, it is not only the Civil dispute code that can be invoked, but also and predominantly the Administrative dispute code, as it is the latter code that explicitly provides for protection of rights and liberties of an individual (including civil employee) in cases of violation, illegal treatment or non-action of public authorities including the central executive or governmental bodies (such as ministries), as provided for by § 2, § 4a and § 177 para. 1 of the Law No. 162/2015 OJL - the Administrative dispute code.

12. Mgr. Monika Miháliková (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Privileges and obstacles of the legal regulation of labor disputes from the perspective of and employee as a weaker party

Abstract: The aim of the paper is to point out the importance of labor disputes as a special category of disputes regulated by Act. No. 160/2015 Coll. Civil Dispute Code as amended. The author highlights the benefits for the employee as a weaker party from the de lege lata legislation, while at the same time reflects on the need to modify it through the de lege ferenda proposals.

13. JUDr. Vladimír Minčič, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Judicial review of the arbitrator's decision in a collective labor dispute

Abstract: The author focuses on the analysis of the possibilities of judicial review of arbitration decisions in various collective labor disputes.

14. PhD Lyubov Nechiporuk, assistant professor (Uzhgorod National University, , Uzhhorod, Ukraine)

Title: Peculiarities of drawing up an employment contract with an individual

Abstract: The most important form of human activity is labor, which is a conscious willful activity aimed at the creation of material or spiritual values. It is in the process of work that the human potential laid down by nature is realized, the personality is affirmed, and the material well-being of both the whole society and each person is achieved. The right to work is one of the priority social rights enshrined in the Constitution of Ukraine.

15. Mgr. Denisa Nevická, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: The Nordic Model of Protection of the Labor Relations

Abstract: The paper deals with the analysis of the procedural protection of labor relations in the Slovak Republic and the Kingdom of Sweden and their comparison. The aim is to point out the differences between individual legal regulations and to bring proposals de lege ferenda for labor disputes in the Slovak Republic.

16. JUDr. Mária Nováková, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Healthcare worker protection and standard diagnostic and therapeutic procedurs

Abstract: The paper deals with standard diagnostic and therapeutic procedures that should ensure a high degree of clinical certainty to a healthcare professional. At the same time, we will analyse the protection of a healthcare professional if they choose a weaker degree of clinical certainty in diagnostic and therapeutic therapy.

17. doc. JUDr. Jarmila Pavlátová, CSc. (Fakulta právnická, Západočeská univerzita v Plzni, , Plzeň, Czech Republic)

Title: Labor disputes in the system of Czech labor law

Abstract: The concept and types of labor disputes in the Czech labor law. Judicial decision making and alternative forms of solutions.

18. Andrej Poruban (Trenčianska univerzita Alexandra Dubčeka v Trenčíne, Fakulta sociálno-ekonomických vzťahov, Trenčín, Slovakia)

Title: Contractual Protection of the Employer's property in case law

Abstract: Paper deals with recognizance.

19. Mgr. Samuel Rybnikár, PhD. (Samuel Rybnikár, , Bratislava, Slovakia)

Title: Salary conditions between civil and administrative judiciary

Abstract: In the contribution, the author analyses the issue of dispute resolution arising from the salary conditions of the respective civil service officers in the Slovak Republic. The contribution mainly deals with whether these issues are to be resolved within the civil or administrative judicial review. The author finds the solution proposals in the case law of the Supreme Court, as well as the most recent case law of its competence panel.

20. JUDr. Markéta Šimečková Neklová, Ph.D. (Západočeská univerzita v Pzni, Fakulta právnická, Plzeň, Czech Republic)

Title: Court proceeding on invalidity of termination of employment with focus on invalidity due to delivery imperfections

Abstract: My presentation regarding the above specified theme will deal with conditions, phases and specifics of the court proceeding on invalidity of termination of employment initiated in compliance with the Act. No. 262/2006 Coll., Labour Code (hereinafter referred to as the LC). In my presentation I will analyse invalid termination of the employment by employee as well as by the employer, including the claims that arise to the employer or to the employee in connection with the invalid termination of the employment. Part of my presentation will be dedicated to (material and strictly limited) period for filing of the sui generis action on invalidity of termination of employment. As the nature of the legal imperfections that can lead to the invalidity of the termination of employment is quite wide, I will in my presentation analyse only one part of them, in particular the legal imperfections that are caused due to breach of the (quite complicated) rules for the delivery regulated by the LC. At the end of my presentations I would like to present my de lege ferenda ideas regarding the analysed regulation.


7. Legal History Section - From Parliamentary Factions to the National Party. Models of Citizens' Representations in Historical Development in Slovakia


1. Marie-Caroline Arreto, PhD. (Université Paris 1 Panthéon-Sorbonne, , Paris, France)

Title: Universal suffrage and party ideology under the IIIrd Republic : the advent of political platforms and the theory of representative government

Abstract: At the beginning of the IIIrd Republic, some changes of the electoral system happened because of the universal suffrage. Deputies were more and more elected not thanks to their person but to their ideas. This evolution of the political system was followed by the development of political platforms. The deputies elected in Parliament decide to publish after each election a collection of all the political platforms and professions of faith. At this time, a theory of representative government was not fully finalized. This practice helped in this matter to think about it.

2. Mgr. Terézia Čokynová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: The Model of Representation of the Czechoslovakian citizens in 1945-1990

Abstract: In 1945 a new model of political representation of the citizens had been formed in Czechoslovakia. It took form of the National front of the Czechs and Slovaks uniting political parties. The National front operated up until its dissolution in 1990. The paper provides the answers to questions how did this model of representation work and to which elected offices it applied.

3. Dr.ssa VIRGILIA FOGLIAME, Assegnista di ricerc (Università degli Studi di Napoli Federico II, Università degli Studi di Napoli Federico II, Naples, Italy) , co-author: Gender inequality in political representation: the efficiency of promotional legislative measures in

Title: Gender inequality in political representation: the efficiency of promotional legislative measures in Italy

Abstract: The aim of this research is to assess whether, and to what extent, promotional legislative interventions to rebalance representation (which have affected all levels of government) have provided a real contribution to stem the conspicuous marginalization of the female component in political institutions in Italy. The research will take into account, in particular, the role played by the political parties in subiecta materia, too often oriented towards the elaboration of widespread strategies aimed at sterilizing the optimal performance of the measures developed by the legislator to promote gender balance in elective bodies.

4. Leila Kentache (Università di Trento, Universität Salzburg, Trento, Italy)

Title: The principle of autonomy in the constitutional experience. A comparison: from Austria to Italy

Abstract: The paper is aimed at interpreting the principle of autonomy and its role in the legal order, mainly through the lenses of its development within the constitutional experience. Examples will be brought through the Austrian and Italian experiences.

5. Doc. Mgr. Miroslav Lysý, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Party as a Representation Tool or a Source of Democratic Deficit?

Abstract: The article is concerned with the problem of relation between representing body (the parliament) and represented (the people). Political parties are instruments of such representation in modern democratic and also undemocratic systems. With reference to Slovak development there is a question, whether it is possible to solve the crisis of citizens representation by creating new rules of legal regulation for political parties.

6. Mgr. Martin Magdolen (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Development of the legal (constitutional) status of Hlinka´s Slovak People´s Party from 1938 to 1945

Abstract: This paper focuses on the development of the legal status of Hlinka's Slovak People's Party (HSLS) from 1938 to 1945. Within mentioned period, the legal (constitutional) status of the party changed. First of all, this paper analyzes the historic period after the adoption of Žilina agreement and the beginning of the HSLS leadership. Subsequently, this paper deals with legal status of the party after the adoption of the Constitution. Furthermore, there is an analysis of changes in the legal status of the party in line with Acts on HSLS. This paper through its particular parts is trying to explain the changes that the party has undergone in the course of its constitutional development.

7. doc. Ondrej Podolec, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: The Twilight of the Slovak Post-war Parliamentary (Slovak National Council 1945-1948)

Abstract: The study deals with the development of the Slovak National Council, which was Slovak Parliament after the World War II. Paper analyzes the mechanism of its creation (indirect election as well as its „Renewal“, following the parliamentary elections in 1946) and legislation. The study reflects also the question of decreasing its competences (Prague agreements) and subsequent gravitation towards the communist regime (so called Autumn crisis in Slovakia).

8. Mgr. Ondrej Ružička (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: CIRUCUS VITIOSUS of the political parties- what to do with partocracy?

Abstract: In this paper we will try to analyze the mechanisms that supported or inhibited/balanced the partocratic tendencies of political parties in our environment during the various stages of our history. The final part of the paper will reflect on possible starting points de lege ferenda, respectively. how to deal with the often negative tendencies arising from the issue of political parties.


8. Civil Law Section - Representation as a Way of Exercising Subjective Rights


1. Assistant professor Marija Ampovska (Faculty of law, Goce Delchev University, Stip, Macedonia)

Title: The overlap between the laws on unjust enrichment and damages and its legal consequences in exercising subjective rights

Abstract: Two different relationships regulated by the law of obligations will be subject of analyzes in this paper: unjust enrichment and civil liability and the exercise of this subjective rights through civil procedure (claims for unjust enrichment and claims for damages based on tort law). In R. N. Macedonia they are distinguished from each other in the legal theory as well аs in legislation, and there are different prerequisites for the two types of claims. But, as comparative doctrine concludes, the boundary between them is not so clearly drawn with respect to the prerequisites for the claim or the legal consequences. There is fluid transition between the laws on unjust enrichment and law on damages and overlap between them. We consider this as an area of high importance regarding the role of the advocates as it is crucial for protecting subjective rights. It is to the qualifications and knowledge of the advocate to rise the proper claim in a specific case in order for the plaintiff to receive the adequate legal protection. In case the claim is misplaced and a claim for enrichment is rise instead of claim for damages and vice versa, the judge, under Macedonian civil procedure law, is obligated to reject the claim due to the principle “Ne eat iudex ultra petita partium”. These cases have consequences for the plaintiff, as he has multiple expenses that were not necessary but also faces the statute of limitations and possibility that his subjective right will be left without legal protection. Enrichment of this paper will be the research conducted in the court practice in eastern Macedonian region in order to establish the existence as well as frequency of misplaced claims and to analyze the reasons as well as the consequences for the plaintiff.

2. JUDr. Veronika Bačíková (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia) , co-author: JUDr. Michal Káčerík, Univerzita Komenského v Bratislave, Právnická fakulta

Title: Representation of minor in alternative custody

Abstract: The alternative custody institute represents a significant interference with the rights and obligations of parents of minors. The purpose of that institute is to replace the parents personal care of minors in cases when parents do not know or can not provide it. The issue of alternative custody is closely linked to the issue of representation of the minor, and thus who and to what extent represents the minor during its duration. This article focuses on the specifics of representation in individual forms of alternative custody compared to the legal representation of parents. The aim of the article is to briefly describe the issue.

3. Mgr. Tamara Čipková, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Advocate as a legal representative of a minor in a civil process

Abstract: Is it possible for a minor to authorize an advocate to provide legal service and legal representation in civil proceedings? Or is it only his/her legal representative who can do so? Does this depend on the intellectual and willful maturity of the child corresponding to the child's age? Answers to these and other questions are the subject of this paper.

4. Mgr. Miroslava Dolíhalová (Univerzita Mateja Bela, Právnická fakulta, Banská Bystrica, Slovakia)

Title: Failure to expressly restrict the power of attorney and its legal consequences

Abstract: The Institute of Representation shall allow natural and legal persons to be represented through representatives. The reason is the impossibility to perform the given legal act for objective or subjective reasons or the absence of legal capacity. By way of a power of attorney as a unilateral legal act vis-à-vis third parties, it is acknowledged that a particular person has the power to represent the authorizing officer to the extent specified in the power of attorney. There is no doubt that formal or substantive deficiencies and errors may be part of the power of attorney. Subsequently, however, the question arises as to the extent to which it will lead to the invalidity of a legal act and whether such action also gives the Plenipotentiary legal consequences in favor of which person. The purpose of the paper is to point out the importance of content within the power of attorney and its precise definition with reference to the Supreme Court judgment.

5. JUDr. Imrich Fekete, CSc. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Principle of abstraction in contractual agency

Abstract: The principle of abstraction, which has been known in the doctrine of civil law for more than 150 years (Laband, 1866) is gradually penetrating into Slovak private law. The principle of abstraction characterizes the relationship between the power of agency as a one-sided, abstract and addressed legal act and the internal relationship between the principal and agent, which according to § 23 CC may also arise under agency agreement (ground legal act) . Since the power of agency is abstract in character, the power of agency must be strictly distinguished from the ground legal act on the basis of which the power of agency arose (mandate contract, employment contract). Consequently, the power of agency may exist independently of the ground legal act (separation principle), even if the ground legal act has ceased to exist or is invalid for any reason. The purpose of the abstraction principle is not only to protect the interests of the principal (see § 33 sec. 1 CC), but in particular to protect the goodwill of third parties, where the instructions given by principal to the agent, that do not arise from the power of agency, have legal effects vis-à-vis third parties to the extent that these instructions were known to them (§ 31 sec. 1 CC).

6. prof. JUDr. Svetlana Ficová, CSc. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: ON THE POSSIBILITY OF CONFLICT OF INTERESTS BETWEEN REPRESENTED PERSONS AND AUTHORIZED REPRESENTATIVES

Abstract: The recent decision of the Constitutional Court of the Slovak Republic extended the existing legal doctrine interpretation regarding the issue of conflict of interests. Under the pertinent opinion, the conflict of interests between the legal representative and the represented minor child relates also to the attorney, who has been granted a power of attorney. On the basis of this decision, the paper considers, with regard to the existing legislation, potential variaties of a conflict of interests between a person who does not have full legal capacity and their authorized representative.

7. JUDr. Martina Haršányová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Zákonné zastúpenie dieťaťa vo veciach ochrany jeho osobnosti

Abstract: Today, children are often the main protagonists in successful advertising or social profiles for advertising purposes. In the legal system, the issue of the protection of the child's personal rights is covered by the norms of civil substantive and procedural law. The extent of the child's legal representation depends on the child's best interests. The theme of the paper brings together the material of substantive and procedural law, the application of which depends on the assessment of the specific need to protect individual personality rights of the child. The contribution deals with representation by parents in acts for which the child is not eligible in relation to the protection of selected personality rights, and the best interest of the child. Personality rights of children are also the subject of proceedings in the care of the court of minors, and therefore I deal with the granting of the court's consent, the child's opinion and the space for his or her statement, institute of collision guardian.

8. JUDr. Michal Káčerík (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Representation in public administration conditions

Abstract: In the contribution, the author analyzes the institute of representation within the public administration and its peculiarities. It focuses on the person having the right to control legal entities, the range of this authorization and the limited level set in public law.

9. Mgr. Zuzana Klincová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Representation by attorney in the management of the client's assets as a type of provision of legal services

Abstract: The author analyzes the institute of custody, whose legislation is absent from the legal order of the Slovak Republic, especially with regard to the obligations of the lawyer under Act no. 297/2008 Coll. on protection against money laundering and protection against terrorist financing and on amendments to certain acts.

10. JUDr. Martin Križan, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Financing of the collective exercise of subjective rights

Abstract: The paper deals with models and methods of financing of the collective exercise of subjective rights, especially from the perspective of a collective representative.

11. doc. JUDr. Alexandra Lowy, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia) , co-author: doc. JUDr. Romana Smyčková, PhD.

Title: Legal relationship of representation and conflict of interests

Abstract: The qualified exercise of the privileges and obligations arising from the legal relationship of representation is a prerequisite for the fulfillment of the purpose of the Institute. The paper analyzes and evaluates the private framework of the role of a collision guardian as a representative, with an emphasis on the prerequisites for the performance of this function, control of its proper performance, as well as other issues related to his status.

12. Mgr. Sandra Meňhartová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Comparison of the legal regulation of legal entity under the Civil Disputes Code with the legal regulation of the Civil Procedure Code.

Abstract: In a civil process, a legal entity may also act as a party to the dispute. The Civil Procedure Code in legal proceedings refers to substantive law. Proceedings on behalf of a legal person cannot be identified as legal representation, it is a kind of special representation in the civil process.

13. JUDr. Pavel Petr, Ph.D.,LL.M. (Právnická fakulta, Univerzita Palackého, Olomouc, Czech Republic)

Title: Společenství vlastníků jednotek a glosa k jednomu rozhodnutí NS

Abstract: Společenství vlastníků jednotek je subjektem práva od roku 2001. Nová právní úprava s sebou přinesla posílení jeho role. To se projevuje i v širších možnostech vlastníků právně jednat včetně možnosti zastoupení. Nejvyšší soud v této souvislosti přijal rozhodnutí, které přineslo další zmatek do již tak problematické úpravy bydlení v ČR.

14. JUDr. Patrik Podhorský (Podhorský & Partners, s.r.o., , Bratislava, Slovakia)

Title: Some questions related to the legal representation of clients

Abstract: The main aim of the article is to provide readers with the author's view of issue of legal representation of the litigant in civil litigation. The author tries to describe some specific situations that arise in application practice. Partial conclusions of the author stem from the outlined issues of legal representation in civil litigation process in the Slovak legal order, supplemented by legislation in the Czech Republic, where the author gives a qualified interpretation of the institute of legal representation, especially with regard to the exercise of clients' subjective rights. In some cases, the author also comments on the issue of abuse of the right to represent clients.

15. JUDr. Ing. Karin Raková, PhD., MBA. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Representation of the heir as a subject of substantive law.

Abstract: The article deals with substantive law basis of heir’s representation during inheritance, with reference to differences between the substantive and procedural law of heir’s representation. There are given analysis of different situations which may arise as a result of representation of different subjects as heirs, particularly analyzing the possible conflicts of interests when representing the minors during the inheritance.

16. Mgr. Vladimír Sedliak (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Costs of legal representation in the decision-making practice of the Constitutional Court of the SR

Abstract: Decision-making about legal costs is an integral part of civil proceeding. The Constitutional Court only rarely deals with the issue of legal costs. The main aim of this article is to analyze the relevant decisions of the Constitutional Court of the Slovak Republic in issue of legal costs, primary focusing on the costs of legal representation.

17. doc., JUDr. Romana Smyčková, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Legal relationship of representation and conflict of interests

Abstract: The qualified exercise of the privileges and obligations arising from the legal relationship of representation is a prerequisite for the fulfillment of the purpose of the Institute. The paper analyzes and evaluates the private framework of the role of a collision guardian as a representative, with an emphasis on the prerequisites for the performance of this function, control of its proper performance, as well as other issues related to his status.

18. JUDr. Ivana Zmeková (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: The significance and role of an attorney representing a client in the court proceedings on adjusting the exercise of parental rights and duties towards a minor child

Abstract: Attorneys quite often represent one of the parents in the court proceedings on adjusting the exercise of parental rights and duties towards a minor child nowadays. There is a good reason for a parent to be represented by an attorney also in this type of court proceedings. The attorney is the person who, when having the right approach towards the issue, can direct the client to assume his/her parental responsibility. This is the way the performance of advocacy or counselor-ship should be directed at in family legal issues.


9. Commercial and Economic Law Sections - Advocates in the Contex of Groups of Companies, Theoretical and Application Issues


1. JUDr. Katarina Bartalska (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Advocate during insolvency

Abstract: The discharge from debts through bankruptcy combines effects of a declaration of a bankruptcy and effects of the discharge from debts, i.e. a release of a natural person from debts. When compared to the previous legislation, the debtor is no longer required to have the property sufficient for the payment of bankruptcy costs, whereby this institute has become more attractive on one side, and, on the other side, unregulated or even discriminatory in relation to creditors. This contribution should provide an answer to the question how this institute appears at the legal level and for the future. It is the author´s ambition to refer to the court´s decision-making activity itself as regards the discharge from debts in relation to the debtor and to the potential defence of the creditor.

2. JUDr. Jana Duračinská, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Competition’s protection in the public procurement for groups of companies

Abstract: The article focuses on the competition’s protection in the public procurement where economic operators belong to one economic group. The article points out the solutions resulting from the current judgments of the Court of Justice of the European Union and related legislation, as well as the importance of the principles of public procurement for tenders submitted by linked tenderers.

3. Mgr. Patrícia Dutková (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Groups of companies and their effect on the non-financial reporting obligation

Abstract: The obligation of non-financial reporting imposed by the Accounting Act on specific entities represents the obligation of these entities to provide in their annual reports non-financial information on their development, acting, position, and effect on environmental, social and employment areas, and on their respect for human rights and fight against corruption and bribery. The obligation of non-financial reporting was incorporated into the Slovak legislation on 1 July 2015, however, it has not been discussed to these days. The subject of this papers is the analysis of the group of companies’ effect on the incurrence of the non-financial reporting obligation and the quality of non-financial information reported by the entities.

4. JUDr. Barbora Grambličková, PhD., LL.M. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Inappropriate considerations in intra-group transactions and their effects

Abstract: The divergence of the interests in the company between shareholders and creditors may, in some cases, lead to a behaviour of shareholders resulting in an abuse of creditors. In 2015, Section 67j - Prohibition of return of contribution to registered capital was introduced into the Commercial Code. This section largely developed the regulation of the institute of prohibition of return of contribution to registered capital stipulated in the provisions regulating the different types of companies. This contribution deals with the determination of relationships within a group of companies under the viewpoint of Section 67j of the Commercial Code. A key aspect of this contribution is the matter of determination of the considerations in intra-group transactions, and in particular their appropriateness in the context of Section 67j of the Commercial Code and the consequences of inappropriate considerations (Section 67k of the Commercial Code). The contribution deals with the role of an attorney in connection with the above described intra-group transactions with regard to determination of the appropriateness of considerations.

5. JUDr. Edita Hajnišová, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: To the Issue of Final Users of Benefits and to the Role of Attorney as an Authorized Person

Abstract: The Article deals with an authorized person for registration into the Register of Public Sector Partners and focuses closely on the issue of an attorney acting as an authorized person. The Article is inspired by the amendment to the Act no. 315/2016 Coll. on Register of Public Sector Partners in connection with the exclusion of an authorized person due to any doubt whatsoever about their impartiality. That is due to the change of negative determinants for exclusion of an authorized person to act in that capacity. The before listed provision allowed for broader interpretation, for example whether as a long-term attorney for a concrete client in commercial activities who is loyal to that client should not be the attorney - ipso facto - excluded under the contract on performance of control to act as an authorized person.

6. Mgr. & Mgr. Ivan Kisely, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Conflict of interest at the intersection of company law, criminal law and Bar regulations

Abstract: In the context of provision of legal services to companies that are a part of a group or to natural persons holding an office in one of the companies an advocate often must take into account both the interests of the group as a whole and at the same time the interests of the particular companies and natural persons. In dealing with potential conflict of interest, one may look into company law, the Bar regulations (regulations governing the exercise of advocacy) and in some situations also the criminal law. On the basis of model cases the author will try to outline potential solutions of conflict situations.

7. JUDr. Pavel Lacko, LL.M., PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Impact of the Regulation on Groups of Companies and the Regulation regarding the Prevention of Money Laundering on the Provision of Legal Services

Abstract: New regulation concerning groups of companies and the prevention of money laundering affects the provision of legal services and changes the position of the lawyer towards his client. The aim of the paper is to describe the impact of the above regulation on the nature of the provision of legal services by lawyers.

8. Phd Paweł Lewandowski (University of Warmia and Mazury in Olsztyn, Faculty of Law and Administration, Olsztyn, Poland)

Title: The role of an advocate at the stage of creating a commercial company on the example of a limited liability company

Abstract: Legal advice is often has a preventive function. Undoubtedly, it can be stated that the presence of a professional representative in the process of establishing a commercial company means that this process is carried out correctly and efficiently. The role of an advocate in creating commercial companies, in particular a limited liability company, is multifaceted and can take place at any stage of its formation. It is worth noting that the knowledge of specialist may be useful already with regard to the concept of the company. It is because the choice of the legal form in which the business is to be conducted is not entirely free. Also, the creation of a company agreement, which is the basic act of the company's operation, may not be possible without the participation of a professional. The problem is, among other things, determining the scope of contract freedom when creating a commercial law company agreement, i.e. which regulations of the act are mandatory and which are relatively binding. The provisions of the agreement must specify the company's contributions, their subject matter and value, as well as regulate the company's system, its functioning, and the rights and obligations of each partner. In addition, the presence of an advocate at the stage of registering a company in the register of entrepreneurs is justified because of the complexity of the forms used to register the company and the formalistic nature of the proceedings. Moreover, for similar reasons, the participation of an advocate is necessary in case of the establishment of a company using the form provided on the website.

9. doc., JUDr. Peter Lukáčka, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia) , co-author: JUDr. Matej Smalík, PhD.

Title: Challenges of the attorney when identifying the end-user of benefits in the public sector partner registry

Abstract: The authors deal with current practical issues arising from the relatively new legal regulation of the register of public sector partners in the Slovak Republic. The authors point out in the article the most common practical problems related to the identification of the end user of the benefits and point out the challenges, which in some cases may consist in speculative schemes and entanglements of the holding structure of the business companies. The issue of inferring any liability towards an attorney as the authorized person also seems to be significant in this context.

10. Mgr. Ondrej Majerniček (Trnavská univerzita v Trnave, Právnická fakulta, Trnava, Slovakia)

Title: Challenges of lawyers in the context of the Preventive Restructuring Framework Directive

Abstract: On 20 June 2019 has been approved Directive (EU) 2019/1023 of the European Parliament and of the Council on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Directive on restructuring and insolvency). The primary objectives of the Directive should be, in particular, to ensure the adoption of early warning instruments capable of detecting circumstances that could cause a threat of bankruptcy, establishing preventive restructuring frameworks, taking measures to increase the effectiveness of restructuring, bankruptcy and debt relief procedures; and debt relief procedures and their monitoring. In achieving these objectives, there is a strong likelihood that entrepreneurs, SMEs will be increasingly turning to lawyers and trustees to clarify the issue and propose a possible solution to their situation. To this end, lawyers, attorneys and administrators are also faced with a new challenge to familiarize themselves with the directive and the subsequent change in domestic legislation which will undoubtedly arise.

11. Dr. iur. Angelika Mašurová, MLE (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Mandate Agreement concluded with an advocate - selected legal issues (also in connection with the groop of companies)

Abstract: The article will focus on the rights and obligations of a Mandate Agreement concluded with an advocate, in particular on the issue of incompatibility of the position of advocates with the status of employees in employment and on the issue of the independence of advocates in providing legal services. The articke will also deal with the special position of advocates in connection with the groop of companies.

12. Mgr. Filip Petrek (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Impact of AML regulation on the legal professional privilege

Abstract: The article analyzes the implications and direct impact of the dynamically developing AML legislation - mainly influenced by the secondary EU law - on the traditional institute of the legal professional privilege, its limits and the issue of breaking the attorney's duty of confidentiality.

13. JUDr. Dominika Pintérová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Theoretical - Application Basis of the responsibility of Controlling person for bankruptcy of the Controlled person

Abstract: The amendment effective from 01/01/2018 introduced new provision of § 66aa into the Slovak Commercial Code determining the responsibility of controlling person for bankruptcy of the controlled person, and at the same time implying the introduction of the doctrine of piercing the corporate veil into the jurisdiction of the Slovak Republic. In the context of this special commercial liability relating to groups of companies, the controlling person is liable to the creditors of the controlled person for damage caused by the bankruptcy of the controlled person, if through its actions has contributed substantially to the bankruptcy of the controlled person. The model for the concept was German case-law on devastating interventions by a shareholder in a commercial company (existenzvernichtender Eingriff), and at the same time Czech jurisdiction pursuant to § 71 para. 1 in conjunction with para. 3 of the Business Corporations Act. The aim of this contribution will be to analyze the theoretical basis of the concept of the controlling person responsibility for the bankruptcy of the controlled person and the resulting application polemics.

14. JUDr. Tomáš Pobijak (Trnavská univerzita v Trvnave, Právnická fakulta, Trnava, Slovakia)

Title: Attorney as a member of a company body

Abstract: The paper deals with the issue of a attorney who is a member of a company body. In this context, it discusses questions such as the lawyer's responsibility or the question of his duty of confidentiality.

15. JUDr. Mgr. Lukáš Ryšavý, Ph.D. (Univerzita Palackého v Olomouci, Právnická fakulta, Olomouc, Czech Republic)

Title: Advocate in the context of arbitration

Abstract: Arbitration is a popular way of resolving disputes in commercial relations. Very often a person who is also an advocate is appointed as an arbitrator. In such a situation, however, various specific questions and friction areas may arise concerning the relationship to the parties to the dispute, duty to the parties to the dispute, issues related to working in a law firm that is in relation to the parties to the dispute, etc. The paper will try to outline these questions and find answers to them.

16. JUDr. Andrea Slezáková, PhD., LL.M. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Challanges of barrister providing legal services to a controlled entity, which is a supplementary pension company

Abstract: Supervised financial market entities also include supplementary pension companies. The legislation in force indicates that the acquisition of a qualifying holding in a supplementary pension company or an increase in a qualifying holding in a supplementary pension company by which the shareholding in the supplementary pension company or the voting rights in the supplementary pension company would reach or exceed 20%, 30% or 50 %, or for a supplementary pension company to become a subsidiary of another legal entity in one or more operations directly or by concerted action, is subject to the prior approval of the National Bank of Slovakia. The regulation does not explicitly stipulate whether the prior approval of the National Bank of Slovakia is subject to the acquisition of an indirect share in the capital of a supplementary pension company, which raises in practice the open question faced by lawyers representing the joint stock companies concerned.

17. JUDr. Jana Strémy, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Quality and effectiveness of comopliance programs - a challenge for the law profession?

Abstract: The mission of compliance programs is coherence with legislation and compliance. This is a key value for the development and efficiency of the business environment. What role does the lawyer play in this process?

18. Mgr. Daniel Zigo (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: The status of an attorney as an authorized person under the Act on Register of Public Sector Partners

Abstract: A natural or legal person receiving public funds, property or other property rights must register to the register of public sector partners before signing the contract, but it can be registered only by an authorized person. the Act on Register of Public Sector Partners gives attorneys (among others) the right to act as an authorized person when registering data in the Register of Public Sector Partners, thereby transferring the full board of new entitlements to attorneys, but at the same time exposing them to possible penalties if they violate the obligations laid down by the law. The State hereby delegates to the attorneys' rights which are different from their traditional rights and obligations under the Law on Advocacy and places them in a unique position as a quasi “controller” authorized by law for such activity.


10. International Law Section - The Rule of Law and its Place in International Law


1. JUDr. Daniel Bednár, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Slovak Republic in the service of peace - deployment of the Armed Forces of the Slovak Republic in UN peacekeeping operations

Abstract: The paper focuses on the effects of the Armed Forces of the Slovak Republic in peacekeeping operations and the legal framework for the deployment of the Slovak Armed Forces to peacekeeping operations. Finally, it deals with the direction of the development of the UN Peacekeeping and the proposed changes in the Slovak legislation in the field of deployment of armed forces outside the territory of the Slovak Republic within the framework of international crisis management operations.

2. JUDr. Jozef Beňo, PhD. (advokát, , Poprad, Slovakia)

Title: rule of law, international law, domestic law

Abstract: The author analyses the principles of the rule of law and compares them with the rule of law in international law. The specificities of the international law are also reflected in the approach to the fundamental principles of the rule of law. Guaranteeing respect for fundamental human rights, the principle of legitimacy and legality, the sovereignty of the people, the division of power, the sovereignty of the law and legal certainty find expression in the sources of international law as well as in national law. Many of the international obligations of states are an expression of the rule of law.

3. Mgr. Roman Bisták (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Hate speech v. free speech ( in online space)

Abstract: In this contribution we will deal with the issue of hate speech in relation to the freedom of speech on the Internet. The central issue is whether hate speech is protected on the internet on the basis of freedom of free speech or not and what is the position of the international community on pertinent question.

4. JUDr. Katarína Burdová, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Guardian Ad Litem for child in cross-border proceedings

Abstract: The paper focuses on the question of international jurisdiction to appoint a guardian ad litem for child in cross-border proceedings and focuses on the question of who should represent the child in such cases.

5. JUDr. Ľudmila Elbert, PhD. (Univerzita P.J. Šafárika, Právnická fakulta, Košice, Slovakia)

Title: Sovereignty as a brake of international Rule of Law

Abstract: Nowadays, the concept of sovereignty can be divided to internal and external sovereignty, as well as individual and collective sovereignty. In correlation with the concept of the Rule of Law at the level of Municipal law, the sovereignty of the people is one of its basic principles. At the level of the International law, this concept of the Rule of Law works differently. The principles of the Rule of Law differ at the level of Municipal law and International law, and the sovereignty of the people has to be replaced by the sovereignty of state. This contribution will focus on the relation of sovereignty of state and the Rule of Law at the level of International law and how the sovereignty of state can affect the development of the International Rule of law.

6. Mgr. Dominika Gornaľová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Can the violation of rule of law principles influence recognition and enforcement of decisions?

Abstract: Recognition and enforcement of decisions is an institute of Private International law which regulates the mechanism by which a state confers effects on decisions of courts or other authorities of other States. The article aims to clarify the possibilities for a court to refuse to recognize and enforce a foreign decision on the basis of a violation of the right to a fair trial as core principle of rule of law in its country of origin. Emphasis is placed on the regulation of judicial cooperation in the sources of private EU international law as well as the recent case law of the EU Court of Justice.

7. mgr Piotr Juchniewicz (Comenius University in Bratislava, Faculty of Social and Economic Sciences, Bratislava, Slovakia) , co-author:

Title: RULE OF LAW IN POLAND – INTEGRATION OR FRAGMENTATION OF COMMON VALUES?

Abstract: The European Union treats the principle of the rule of law as one of the fundamental values of the European axiological system. The EU as a community of values treats the rule of law as a categorical imperative, which is an obligation for member states, which should respect it in an absolute way. The Treaty as well as the interpretation by EU institutions, particularly the Court of Justice of the EU, refers to this value and the obligation to implement it correctly. The recent Polish experience shows that the principle of the rule of law can be vitiated by governing powers. But this attitude has caused a reaction of European institutions protecting the principle of the rule of law, which is treated by them as a base for mutual trust.

8. JUDr. Miloš Levrinc, PhD. (Univerzita Mateja Bela, Právnická fakulta, Banská Bystrica, Slovakia)

Title: Choice of law in private international law

Abstract: The autonomy of will in the field of contractual obligations is a recognized institution under national substantive law. Autonomy of will is also granted in the field of certain foreign-law relationships where the parties have the right to choose the objective law governing their private-law relationship with the foreign element.The choice of law thus establishes a regime of quite logical high predictability of the scope of subjective rights.

9. doc. JUDr. Peter Lysina, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Rule of law as a Common Value of all Member States of the European Union?

Abstract: later

10. Mgr. Lukáš Mareček, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Reflexion on Development and on Importance of the International Criminal Law

Abstract: Autor in this paper reflects on differences of international criminal law, that distinguishes it from general international law. Further, on interests, that international society protects through international criminal law. In this reflections author points-out the institute of priviledges and imunities and its relation to them or motivation of the international society, which leads to creation of bodies of the international criminal justice. He concludes that the purpose of the international criminal law does not have to be the justice as such. Wich aim to development of international criminal law he percieves shift towards to individual, both on level of his responsibility, as well as of his protection. In the paper, he stresses the need for realistic view on international system on one hand and on the other hand the character of the law as a neverending struggle.

11. Associate professor Ana Nikodinovska Krstevska, PhD (Faculty of Law/University Goce Delcev - Stip, , Stip, Macedonia)

Title: OBSERVANCE OF THE RULE OF LAW AND THE TREATY OF PRESPA

Abstract: The Treaty of Prespa concluded between the Republic of Macedonia and the Republic of Greece which ended the name dispute between the two countries, was actually concluded by infringing some basic norms of the international law, and thus questioning the existence of the Treaty itself. Having in mind that rule of law in the international context generally refers to a rule based international order where states share commitments to conduct their activities in accordance with agreed rules and principles, the scope of the paper will be to examine the legality of the Treaty of Prespa through specific principles of the international legal order (principle of sovereign equality, principle of self-determination and principle non-interference) and determine to what extent the Treaty is in compliance with the international rule of law and to what extent international rule of law is applied by actors in the International Community.

12. Dr. Marko Novakovic, LL.M. (Institute of International Politics and Economics, International Law and International Organizations Departmant, Belgrade, Serbia) , co-author: Dr. Sanja Arezina

Title: The Rule fo Law in works of Classics of International Law and within United Nations today

Abstract: The idea of Rule of Law appeared in the works of numerous theologists, lawyers and philosophers in different forms and as various concepts. The author will focus on the works of the fathers of International Law, mainly – Francisco de Vitoria and Hugo Grotius. After that, the author will identify the elements of those ideas (rarely expressly defined as a rule of law but certainly dealing with that concept) in order to compare them against the notion of rule of law developed and accepted by the United Nations today. And while nobody can reasonably expect that the ideas formed in XVII century can be applied similarly today, it will be interesting and useful to understand to what extent in which manner they altered over the course of time.

13. Mgr. Ivan Novotný (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Rule of Law from the Perspective of General Principles of Law in International Law

Abstract: The Article deals with Rule of Law principle from the perspective of General Principles of Law. Well-established General Principles of Law in International Law which may be considered from the contemporary perspective as parts and elements of Rule of Law are analyzed. Special focus is given into work of the 6th Committee of the UN General Assembly.

14. Mgr. Sandra Sakolciová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Social Media and Big Data - Is Our Privacy Lost?

Abstract: Big Data is no longer a phenomenon, but is becoming a common practice and business model of private entities. Perhaps the best example is social media such as Facebook or Instagram, which we know as free services that enable social interaction to people around the world. However, nothing is free, and this also applies to social media. In exchange for their services, they get our data, which we may disclose voluntarily (although it may be controversial) and could obtain also other data and information derived therefrom, which we probably would not like to disseminate. We are subject to analysing on a daily basis and it has a major impact on various areas of our lives - one of them is privacy. Can the law protect us from such interferences?

15. doc. JUDr. David Sehnálek, Ph.D. (Masarykova unvierzita, Právnická fakulta, Brno, Czech Republic)

Title: EU Framework to Strengthen the Rule of Law

Abstract: The contribution will nalyze new EU framework to strengthen the rule of Law. This mechanism will be compared to the other current infringement proceedings. Legal as well as political question will be addressed. The problem is that the Commission proposal may cause a de facto shift in competences that have been transferred to the European Union.

16. prof. JUDr. PhDr. Miroslav Slašťan, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: The Rule of Law Principle in European Union Law

Abstract: The paper analyzes the genesis and development of the rule of law principle in terms of the application of EU law in the EU institutional framework, as well as from the national authorities and the application of national law.

17. JUDr. Katarína Šmigová, PhD., LL.M (Paneurópska vysoká škola, Fakulta práva, Bratislava, Slovakia)

Title: Principle of Confidentiality as a General Principle of Law

Abstract: The aim of the article is to analyze a relationship between a client and an attorney and to point out at the possibility of considering a principle of confidentiality witnin this relationship as a general principle of law.

18. JUDr. Metod Špaček, Ph.D. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Legal Certainty in International Treaty Law

Abstract: This article deals with elements and safeguards of legal certainty in the current international law of treaties, expressed in the 1969 Vienna Convention on the Law of Treaties. Article identifies the pillars of legal certainty in treaty law and argues, at the same time, that legal certainty in treaty law is an indispensable prerequisite of rule of law in the domain of international law. Concrete examples of the recent state practice is given to show the vulnerabilities of certain institutes, the misuse of which jeopardizes legal certainty in international law of treaties. Besides the principle of pacta sunt servanda, it focuses especially at legal consequences of specific acts, such as unsigning or withdrawal of ratification.

19. prof. JUDr. Pavel Šturma, DrSc. (Univerzita Karlova, Právnická fakulta, Praha 1, Czech Republic)

Title: bude doplněné

Abstract: bude doplněné

20. prof. JUDr. Ján Svák, DrSc. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: The European Court of Human Rights’ view of the rule of law

Abstract: The rule of law, unlike a "democratic society", is not, in principle, an assessment criterion in terms of the degree of interference with human rights. The European Court of Human Rights has also dealt with it only in connection with the possibility of punishing crimes committed in totalitarian states after the change of state regime. This was particularly true of the responsibility for shooting at defenseless refugees fleeing to the 'west'. Here the Court relied on the difference between a formal rule of law (legal injustice) and a democratic rule of law. In totalitarian states there is a difference between the text of the law and actual practice, specifically between constitutionally guaranteed right to life and the order to shoot defenseless refugees. Recently, the European Court of Human Rights has been dealing with the rule of law in terms of the division of public power and the need to preserve the independence of the judiciary from attacks by the executive.

21. Mgr. Michal Záthurecký, MJur. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Connecting factors for deterimination of applicable law to unfair competition from perspective of predictability of law

Abstract: The paper will deal with border determinants, which are used in cases of identification of applicable law for cases of unfair competition from the perspective of law valid in the territory of the Slovak Republic. One of the fundamental pillars of the rule of law is the principle of legal certainty, on which the principle of predictability of law is based. These boundaries will be assessed in terms of the predictability of their application and the determination of the applicable law.

22. Fryderyk Stanisław Zoll (Faculty of Law and Administration, University of Silesia, Katowice, Poland)

Title: The development of the Rule of Law in Europe and China: a legilinguistic comparison

Abstract: In over 3000 years of its culture’s and history’s existence, many profound and insightful concepts, in philosophy, as well as other branches have been developed in Europe and in China. What is particularly worth mentioning, is the extraordinary abundance of terms in the Chinese language that refer to what in the West in generally understood as ‘law’. This is an interesting case as usually Chinese language operates with much more vague and broad concepts for which many precise notions are known in most of the European languages. When it comes to law, however, it is quite the other way around. Why is that so? What was the impact of it, considering the fact that historically European culture had a much more favourable approach and has put a seemingly much deeper attention to the process of scrutinizing and untangling the true meaning of law? This work aims at comparing this vast legacy and showing the often astonishing similarity, as well as serious differences of legal concepts in those cultures, often neglected in many discussions. I believe that such an analysis is crucial in understanding the vastly different approach and value systems in both the cultures and is an important step in understanding what is it that we understand under the Rule of Law, what we expect out of such a concept and whether it is as universal as we often want to think?


11. Administrative Law Section - Innovation in Administrative Procedures: Acceleration – Electronization - Participation


1. JUDr. Ing. Martin Adamec (Univerzita Karlova, Právnická fakulta, Praha 1, Czech Republic)

Title: Automatically generated notification of inactivity in the draft of the new Building Act

Abstract: Inactivity in proceedings under the Building Act has long been the subject of criticism in public space, and protection against this negative state therefore constitutes one of the legislator's fundamental priorities in the forthcoming legislative changes. The paper deals with the institute of protection and prevention of inactivity - automatically generated notification of inactivity, which is part of the draft of the new Building Act.

2. JUDr. Jana Balounová (Západočeská univerzita v Plzni, Fakulta právnická, Plzeň, Czech Republic)

Title: Right to digital service – step in the right direction?

Abstract: In connection with digitalization of Czech republic and with related electronization of public administration new right gets into czech legal order – i.e. right to digital service. The article deals with analysis of Digital Services Right Act which establishes this right. The aim of the article is to especially evaluate suitability of new legislation and to consider its usability and possible impacts within public administration.

3. Mgr. Martin Cíferský (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Operation of taxis and dispatching

Abstract: The author focuses on recent legislative changes in the operation of taxis. Legislative changes were triggered by the onset of the use of mobile applications in the provision of taxis.

4. Mgr. Ivan Gabani (STATE UNIVERSITY "UZHHOROD NATIONAL UNIVERSITY", FACULTY OF LAW, Uzhhorod, Ukraine)

Title: Administrative regulation of the Bar in the justice system: improving the interaction of the bar with the courts through a single judicial information and telecommunication system.

Abstract: The article explores the problems of the relationship of the bar with the judicial system through the Single Judicial Information and Telecommunication System (ESITS). Creating a single information space for justice system bodies and institutions; inter-agency circulation of information, ensuring maximum transparency and openness of the justice system to the public, this is the basis for ensuring the functioning of the Bar and the performance of its professional responsibilities. The state is at the stage of forming a new legal justification for the activity of the bar. Discussions continue in Ukraine regarding the definition of the role and place of the bar in society, and the question of the admissibility of the State's interference with the bar, the strengthening of guarantees in the information space and the provision of them through the ESITC are still debatable. The independence of the bar is defined by us as a balance between the interests of the state and this institute, and accordingly of the highest constitutional value - ensuring human rights to access to justice, which enables the bar to exercise its constitutional functions. Some scholars believe that at the present stage of civil society development, advocacy is opposed by the state in the face of the state apparatus.

5. Mgr. Gabriela Göttelová (Univerzita Karlova, Právnická fakulta, Praha 1, Czech Republic)

Title: Reflections on Facilitation of Designation of Real Estate in Entry Deeds in the Context of a European Certificate of Succession

Abstract: In an administrative proceeding on entry of rights in rem into Real Estate Cadastre, cadastral offices must inter alia examine whether documents on the basis of which a right in rem is to be entered into the cadastre („entry deeds“) contain designation of real estate in accordance with the Czech Cadastral Act. A European Certificate of Succession, that should facilitate and accelerate recording of a succession property in a relevant register of a Member State, is also an entry deed. In this context and in the light of relevant case-law, the article raises the question whether it is truly necessary to identify real estate in entry deeds by all the indications required by the Czech Cadastral Act or if other descriptions should suffice, provided that they are sufficient to identify the real estate.

6. Mgr. Kristian Hodossy (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Legal aspects of using referenced data from the perspective of public law

Abstract: From the momentum of the e-government legislative being in effect witht the Slovak legal systéme, the phenomenon of referenced the data is on the horizont. How and in what circumstances the Slovak legislation regulates the so called referenced data will be subject matter of this article. The autor of the article will point out certain facts which can cause undesirable consequenses.

7. JUDr. Monika Horáková, Ph.D. (Univerzita Palackého v Olomouci, Právnická fakulta, Olomouc, Czech Republic)

Title: Czech POINT

Abstract: The paper deals with the Czech POINT Institute as one of the elements of the Czech e-Government and the element of the Czech Smart Administration. The paper is devoted to the development, conception of Czech POINT and services provided by the contact point, focusing on data mailboxes and so-called hybrid delivery.

8. doc. JUDr. Matej Horvat, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: On Issues of Electronic Delivery in Administrative Proceedings

Abstract: Delivery is one of the important institutes of administrative proceedings, which contributes to the principle of transparency of public administration and balances administrative proceedings that is generally carried out in written form. Recently, the administrative proceedings have undergone significant changes in the context of mandatory electronic delivery. There are several issues in legal practice regarding this novelty (e.g. to whom to deliver electronically, signature authorizations, document conversions, fiction of delivery, etc.) whose description this paper will analyse along with several suggestions de lege ferenda.

9. Mgr. Viera Jakušová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Electronic delivery under the e-Government Act

Abstract: Currently, in addition to various strategic documents electronization of public administration is governed by the e-Government Act. The third part of the Act regulates the exercise of public authority electronically, which also includes provisions on electronic delivery. The author focuses on the methods of electronic delivery in the sense of the Act on e-Goverment and explains the situations in which the institute of ineffectiveness of electronic delivery can be applied.

10. doc. JUDr. Martin Kopecký, CSc. (Západočeská univerzita v Plzni, Fakulta právnická, Plzeň, Czech Republic)

Title: Application of principles for reviews of administrative decisions in administrative procedure and judicial proceeding

Abstract: The article deals with analysis of various procedural principles which are applied during review of administrative decisions by higher aministrative bodies or by courts. These principles are especially casattion principle, revision principle, reformation principle and appellate principle. Effective application of these principles shouldlead not to uselessly delay administrative procedure and refer them back to the lower administrative body only in necessary cases.

11. JUDr. PhDr. Jan Malast, Ph.D. (Západočeská univerzita v Plzni, Právnická fakulta, Plzeň, Czech Republic)

Title: The requirement of 'full satisfaction' as a means of increasing procedural efficiency?

Abstract: The paper will focus on the requirement of "full satisfaction" and its impact on administrative proceedings. It will assess the extent to which the legal condition of "full satisfaction" can contribute to higher efficiency of the administrative procedure, or whether, in certain circumstances, it does not act exactly the opposite.

12. Mgr. Marek Moravecc (Univerzita Karlova, Právnická fakulta, Praha, Czech Republic)

Title: Cadastral proceedings in the Czech Republic - possible proposals for changing to the legal regulation concerning the procedure of the cadastral office in the context of the cadastral proceedings

Abstract: The aim of the paper is to summarize the basic procedure of the cadastral office in the context of the cadastral proceedings according to the legislation of the Czech Republic, to evaluate this legislation and propose its changes. The paper will point out practical experience and will analyse the possibility of digitalization of the administrative file and the possibility of addition the proposal for the entry of the right or entry deeds in the Land Register and the related legal consequences.

13. Mgr. Michal Mračan (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Electronization of generally binding regulations as a method of being more open to citizens

Abstract: In the paper I will focus on generally binding regulations issued by territorial self-government (municipalities and higher territorial units) and their possible electronization. The aim will be to examine whether they contribute to the method of accessibility of public administration from the perspective of the citizen.

14. Mgr. Rastislav Munk, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia) , co-author: JUDr. Veronika Munková, PhD., Právnická fakulta UK

Title: The Slovak Bar Association as a subject of self-government

Abstract: The Slovak Bar Association is an independent self-administrative professional organisation, currently associating lawyers and trainee lawyers. Furthermore, the authors analyze the position, authority and competence of the Slovak Bar Association as a subject of self-government.

15. JUDr. Veronika Munková, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia) , co-author: Mgr. Rastislav Munk, PhD., Právnická fakulta UK

Title: The Slovak Bar Association as a subject of self-government

Abstract: The Slovak Bar Association is an independent professional organisation,currently associating lawyers and trainee lawyers.Furthermore, the authors analyze the position, authority and competence of the Slovak Bar Association as a subject of self-government.

16. JUDr. Ingrida Papáčová, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Development of information systems in the Ministry of Environment of the Slovak Republic

Abstract: In view of the end of the period of conception of the development of information systems in the Ministry of the Environment in 2014 - 2019, the author decided to elaborate the issue with regard to its benefits in the given area. At the same time, he will make suggestions for improvement in his contribution.

17. Mgr. Maroš Pavlovič (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: The first pure electronic measure in the agronomic sector

Abstract: The Ministry of Agriculture and Rural Development of the Slovak Republic introduced a new form of subsidies for farmers. It's called Green Diesel. It is paid by the Agricultural Paying Agency. The introduction of the subsidy into practice required legislative changes and the creation of a new system. For this measure, the Agency received the ITAPA 2019 award, making Green Diesel one of the best debureaucratization measures last year.

18. Mgr. Václav Petrmichl (Univerzita Karlova, Právnická fakulta, Praha, Czech Republic)

Title: Processualization of law as an obstacle to the proper performance of public administration

Abstract: The paper deals with the phenomenon of the processualization of administrative law and its possible negative consequences for individual decision-making procedures in the Czech public administration.

19. JUDr. Soňa Pospíšilová, Ph.D. (Univerzita Palackého, Právnická fakulta, Olomouc, Czech Republic)

Title: Innovative elements of administrative proceedings in the travel document agenda

Abstract: The legal regulation of the travel documents in the Czech Republic since the beginning of the new millennium has undergone fundamental changes, with the aim, in addition to simplify the procedure for the issue of travel documents is also easier availability of this service. The common theme of these changes in legislation is to comfort citizens in dealing with their applications, but also the promotion of sub-elements eGovernment within the spirit of the principles of good governance. The aim of the paper is to clarify the tasks and organization of state administration in the field of travel documents and to point out the relevant elements of e-Government in the current legislation

20. Doc. Mgr. Ján Škrobák, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Notification of the initiation of administrative proceedings by means of electronic communication

Abstract: The paper deals with the question, as the means of electronic communication make it possible to improve and make more effective the information about the initiation of the administrative procedure. In this context, it focuses in particular on the question whether electronic communication makes it possible to better safeguard the right of the parties to a fair trial.

21. prof. JUDr. Mária Srebalová, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia) , co-author: prof. JUDr. Marián Vrabko, CSc.

Title: Limits of electronization and participation in administrative proceedings

Abstract: The paper focuses on the analysis of the borders of electronization and the limits of public participation in general administrative proceedings and in specific types of administrative proceedings. The authors address the question of whether the electronization of public administration activities necessarily accelerates procedures in cases where certain categories of the population do not have access to the Internet or are lacking skills. They also explore the possibility of public participation in terms of whether it becomes an instrument of obstruction in practice.

22. JUDr. Ing. Josef Staša, CSc. (Univerzita Karlova, Právnická fakulta, Praha 1, Czech Republic)

Title: Simplification and Complications of Administrative Proceedings

Abstract: Objections to the complexity and lengthyness of administrative proceedings are frequental and essentially ever repeating. However, some of efforts to simplify and accelerate administrative proceedings are not based on reliable verification of these objections thruthfulness rate. The legal constructions of simplified and/or abridged proceedings, fictitious decisions or automated decisions, or the replacement of administrative proceedings by an informal procedure entail risks of various complications. This is usually compounded by the lack of sophistication of the legal provisions concerned.

23. prof., JUDr. Katarína Tóthová, DrSc. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Co-operation of Local self-government in the innovation of rooms for drunk people

Abstract: After the so-called rooms from drunk people were revoked, drunken people stays in the care of hospitals, which is not a good practice. In the paper I will deal with the analysis of possible cooperation of especially municipalities with higher territorial units concerning new concept of recreating these rooms.

24. prof. JUDr. Marián Vrabko, CSc. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia) , co-author: prof. JUDr. Mária Srebalová, PhD, Katedra správneho a environmentálneho práva, Právnická fakulta Uni

Title: Limits of electronization and participation in administrative proceedings

Abstract: The paper focuses on the analysis of the borders of electronization and the limits of public participation in general administrative proceedings and in specific types of administrative proceedings. The authors address the question of whether the electronization of public administration activities necessarily accelerates procedures in cases where certain categories of the population do not have access to the Internet or are lacking skills. They also explore the possibility of public participation in terms of whether it becomes an instrument of obstruction in practice.


12. Administrative Law Section - Aspects Affecting the Quality of Administrative Procedure and Decision-Making


1. Dr. Nora Balogh-Bekesi, PhD (Nemzeti Közszolgálati Egyetem, , Budapest, Hungary)

Title: Current questions of judicial review procedures on administrative decisions in the Hungary

Abstract: In Hungary we could state that in the last half decade a major codification of procedural laws can be seemed. Civil procedural law, criminal procedural law and administrative procedural law have also been redefined. The codification of administrative procedural law also repaid the great debt of the change of regime of 1989 in Hungary: a new and independent act was accepted by the Parliament for the procedures regarding administrative justice. We should emphasize that although there is a close relationship between administrative procedures and administrative justice (judicial review procedures follow the administrative procedure, the decision of judicial review procedures on administrative decisions influence the final decision of the administrative case), however, in the Hungarian legal system, administrative justice is not part of the administrative procedure. Despite the above mentioned distinction, the Code of Administrative Court Procedure - which entered into force on 1 January 2018 – should be taken into account. This Code provides effective legal protection against unlawful administrative decisions, and malpractice caused by public administration bodies. The administrative court actions are the firstly used legal remedy procedures commenced upon application. The paper examines the different legal institutions which was regulated in the newly accepted Code of Administrative Court Procedure and which affect the quality of administrative procedures. Within this framework, the paper presents the concepts of administrative litigation and administrative action. The concept of administrative action is also important because it determines various types of actions (asserting, omission, conviction) that are also described in the Code. With a special regard to the quality of the administrative procedure and decision-making, the papers overviews what decisions that the court may make in administrative cases. First of all, the power to change (amend) administrative decisions, then annulling or setting aside the administrative act (in the paper the differences between these two notions are also clarified), then, in addition to annulling or setting aside the administrative act, oblige the administrative organ to conduct a new procedure, if necessary, finally the court find against the administrative organ. We also consider it important to define the differentiated system of immediate remedies, interin relief, in particular in relation to the quality of administrative decision-making. Finally, we overview the effective legal tools to ensure that the judicial judgments are enforced: if the administrative organ fails to justify its failure to implement the judgmentor the justification is not founded, the court, in addition to obliging the administrative organ to reimburse the costs of the applicant, shall impose a fine for non-compliance.

2. professor Ieva Deviatnikovaite, dr. (Mykolas Romeris University, , Vilnius, Lithuania)

Title: Electronic Case-law in Administrative Proceedings in Lithuania

Abstract: Nowadays litigants have a right to submit procedural documents not only in paper, but also in electronic form by an electronic cases system in administrative proceedings. The electronic cases system also allows the courts to upload all procedural documents to this system and inform the participants about the hearings and other procedural actions. I will present the electronic cases system in administrative proceedings in Lithuania.

3. Yana Fenych, P.h.D. (Faculty of Law, Uzzhorod National University, Uzhhorod, Ukraine)

Title: Introduction of mediation as an innovative process in administrative justice.

Abstract: The article investigates the process of introduction of the institute of mediation in administrative justice in Ukraine. It is established that the introduction of such an alternative method of resolving legal disputes as mediation in Ukraine requires the improvement of legislation governing the dispute resolution process by alternative methods. The author is convinced that the positive step in this direction will be the elaboration of concrete mechanisms for the implementation and practical implementation of the mediation procedure in administrative justice.

4. Dr. jur. Réka Friedery, PhD (Centre for Social Sciences, Institute for Legal Studies, Hungarian Academy of Sciences Centre of Excellence, Budapest, Hungary)

Title: Article 298 TFEU through the lens of the EU Ombudsman and the CJEU

Abstract: Open, efficient and independent European administration is a basic requirement in citizen-administration relation. Although with the Lisbon Treaty it seemed that the developlment of the principle of good administration reached the final "stop", namely became a right, the complex nature of the supranational administration makes us realize that means of hard law-soft law, judicial and non-judicial forums are needed for further the balance between the interested parties.

5. Doc., JUDr. Kateřina Frumarová, Ph.D. (Univerzita Palackého v Olomouci, Právnická fakulta, Olomouc, Czech Republic)

Title: Principle of concentration in administrative proceedings of the 1st degree

Abstract: One of the procedural principles of administrative proceedings is the principle of concentration, which should fulfill the requirements for speed and economy of proceedings. Therefore, the traditional principle of unity of proceedings is in some cases modified by the principle of concentration, which significantly limits the possibility of realizing some basic procedural rights of parties to proceedings or other entities. Furthermore, its application may be in a conflict with the realization of the principle of material truth. In what cases, and for what reasons, is the legislator applying this principle? What are the limits of its implementation in administrative proceedings? Are the rights of participants and the public interest in the legitimate and factually sound decision-making of administrative bodies sufficiently protected?

6. Igor Gontarz (Adam Mickiewicz University, Poznań, Poznań, Poland) , co-author: prof. UAM dr hab. Wojciech Piątek

Title: Perspectives of using Artificial Intelligence in administrative proceeding

Abstract: One of the issues which can make administrative proceeding adjusted to contemporary challenges is an application of new technologies, among them Artificial Intelligence (AI). As an area of research, it’s domain of Information Technology, whose aim is to develop programmes imitating human behavior. In our contribution we would like to discuss a possible use of AI in administrative proceeding, from point of view of an administrative body and an applicant. The main purpose of it is to indicate areas, which creates suitable conditions to input intelligent systems, as well as to present contemporary solutions in various branches of law, including automated administrative act in selected countries. In some of them AI has founded its normative application. We would like to analyze further applications of AI, formulate conditions which should be fulfilled to make it reasonable. The preliminary thesis is connected with an increasing role of AI which will play significant role in a contact between public administration and applicants. This perspective needs to knows its chances and limitations according to the expectations of individuals towards public administration and its functions.

7. JUDr. Zuzana Hamuľáková, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: The influence of changes in legal regulations of the Code of Administrative Court Procedure on the length of proceedings of selected agendas of decision-making activities of the Administrative Division of the Supreme Court of the Slovak Republic

Abstract: The article focuses on the development of the overall load of the Administrative Division of the Supreme Court of the Slovak Republic in the selected agendas during the period 2013 – 2017 and 2018, in order to determine the impact of the Code of Administrative Court Procedure on the length of proceedings of the Administrative Division of the Supreme Court of the Slovak Republic in the analyzed agendas.

8. JUDr. Mária Havelková, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Duration of an Administrative Court Proceeding and its Impact on the Effectiveness of an Administrative Procedure Itself

Abstract: In order to secure access to justice for individuals, administrative decisions are subject to review by independent and impartial administrative courts. Therefore, the effectiveness and quality of an administrative procedure depends on the functional administrative judicial system. In the Slovak Republic, administrative court proceedings are unreasonably long. The author analyses statistic data provided by the Ministry of Justice to determine trends concerning the length of administrative court proceedings. In conclusion, the author argues in favour of the need for closer specialisation of judges at regional courts as well as the establishment of an independent Supreme Administrative Court.

9. Mgr. Michaela Nosa (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Representation of multiple parties by one attorney in cartel proceedings

Abstract: Administrative proceedings pursuant to the Act on Protection of Competition have some specific features. If one attorney represents more undertakings - parties to the agreement in the proceedings regarding cartel, the issue of possible conflict of interest may arise. It may also have effects on the proceedings and decision-making process.

10. dr Anna Ostrowska (Maria Curie-Sklodowska University, Faculty of Law and Administration, Lublin, Poland)

Title: Public Participation in the Spatial Planning System as a Tool of Effective Co-decision Making

Abstract: Spatial planning and development is one of those areas of society where the mechanisms of representative democracy are insufficient. Political criteria, most often deciding on the composition of representative bodies, do not properly reflect the structure of interests and value systems related to the development of a given area, concerning both the whole community and its individual members. In this inherently highly conflicting sphere, participation is a difficult art of sharing decisions concerning space among public administration bodies, planners and the public. It is a tool for gaining wider social legitimacy of activities undertaken by the authorities, and thus preventing antagonisms, mitigating conflicts and equalizing opportunities.

11. Professor Wojciech Piątek, - (Adam Mickiewicz University, Faculty of Law and Administration, Poznań, Poland) , co-author: Gontarz Igor, Adam Mickiewicz University, Faculty of Law and Administration

Title: Perspectives of using Artificial Intelligence in administrative proceeding

Abstract: One of the issues which can make administrative proceeding adjusted to contemporary challenges is an application of new technologies, among them Artificial Intelligence (AI). As an area of research, it’s domain of Information Technology, whose aim is to develop programmes imitating human behavior. In our contribution we would like to discuss a possible use of AI in administrative proceeding, from point of view of an administrative body and an applicant. The main purpose of it is to indicate areas, which creates suitable conditions to input intelligent systems, as well as to present contemporary solutions in various branches of law, including automated administrative act in selected countries. In some of them AI has founded its normative application. We would like to analyze further applications of AI, formulate conditions which should be fulfilled to make it reasonable. The preliminary thesis is connected with an increasing role of AI which will play significant role in a contact between public administration and applicants. This perspective needs to knows its chances and limitations according to the expectations of individuals towards public administration and its functions.

12. dr Jakub Polanowski (Provincial Administrative Court in Lublin, , Lublin, Poland)

Title: Judicial review of the general rules of administrative procedure’s application by public administrative bodies

Abstract: The general principles of the Code of Administrative Procedure apply to the assessment of the legality of any action taken by a public administration body, even if the provisions of this Code are not applied to the proceedings in which a contested action was taken. It is necessary to supplement such a regulation in the process of its application with norms of general significance in the order of the state of law. This refers primarily to the rules containing the principles of objective truth, harmonisation of the public interest with individual interests, trust in public authorities and proportionality, as expressed in Articles 6, 7 and 8 of the Code of Administrative Procedure.

13. Dr. Kitti Pollák, PhD. (Nemzeti Közszolgálati Egyetem, , Budapest, Hungary)

Title: Legal regulation as a factor affecting the quality of administrative procedures: the Hungarian case

Abstract: The paper aims to present the realisation of the legal regulation of administrative procedures in Hungary as a factor affecting the quality of administrative procedures. In Hungary a theoretical debate on the need for a general codification of the administrative procedures was reopened after 1954. This theoretical debate was attended by several Hungarian scholars inter alia by Barnabás Pákai, Ferenc Toldi, Lajos Szamel, etc,. Finally, first time in Hungary, the Act No. IV of 1957 on the General Rules of State Administration Procedures came into force on 1st October 1957. This Code was several times modified and the paper gives overview of the most important modifications. Moreover, the actuality of the paper is the fact that in Hungary from the 1st of January 2018 completely new codes regulate the general public administrative procedures and the administrative justice. As part of the Public Administration Reform in Hungary in 2016, the new Code on the General Rules of Administrative Proceedings and the first time in history the Code of Administrative Justice were accepted. In view these facts the second part of the paper is devoted to present the most important rules regarding the administrative procedures with a special focus on the new legal regulations affecting the quality of administrative procedures like the conditional decision, automatic decision-making procedure, a summary procedure or a full procedure, stay of the procedure, new administrative time limite, legitimate silence, etc. Lastly, we present some of the latest practice of the administrative courts regarding these new legal institutions affecting the quality of administrative procedures. We believe that the legal regulation of the administrative procedures in terms of the rule of law is only relevant if the respect of the procedural rules is placed under the control of the administrative courts.

14. mgr Beniamin Rozczyński (Adam Mickiewicz University in Poznań, Faculty of Law and Administration, Poznań, Poland)

Title: Analysis of the quality of decisions issued in the course of self-control by public administration bodies in the Visegrad Group countries

Abstract: A procedural institution called in the literature as "self-review of administrative decisions" (also called self-correction, self-revision or self-control) entitles the public administration body that issued the wrong decision to review its own decision without having to involve an appeal body in its assessment. Importantly, the applicant's application is not required for the use of self-monitoring, which means that the authority can review its own decision ex officio. Therefore, after issuing a decision, the authority may, in connection with the objections contained in the appeal, change its position as to the legal assessment of the administrative case previously resolved and decide again. The regulations governing the institution of self-control of decisions are, however, highly controversial and laconic, which leads to a number of practical doubts in their interpretation and application and hinders the use of this legal mechanism. Self-control of administrative decisions is to serve the implementation of many general principles of the Code of Administrative Procedure: speed and simplicity of proceedings, instilling confidence in public administration bodies, the rule of law and taking into account the legitimate interest of citizens. However, this institution will support these principles only if the authority will use it properly, acting in accordance with the conditions for its application, which have been restrictively defined by the legislator, which means that the institution itself is exceptional and the authority should use it only if when there is no doubt as to the existence of a legal basis for its application. Otherwise, in connection with the possibility of complaining about an self-review decision, this institution may significantly extend the administrative procedure, inhibiting the activation of the mechanism of proper control. The aim of the speech would be to present the issues related to the used self-control institution and the legitimacy of further self-control functioning in the Polish legal system. In addition, numerous interpretation discrepancies would be presented that have been developed and outlined in legal literature and in the case law of administrative courts. In addition, proposals for changes would be presented that could allow the operation of self-monitoring to be effective in practice. To implement the above assumption, the formal-dogmatic and legal-comparative methods will be used - adopting methodological assumptions of the derivative theory (concept) (see M. Zieliński, Interpretation of law. Principles, rules of guidance, Warsaw 2017). The application of the above methods is justified by the adoption by national legislators of various solutions in the scope of shaping and applying self-control institutions.

15. Phd Iryna Sukhan (Faculty of Law, Uzhhorod National University, Uzhhorod, Ukraine)

Title: Actual problems of decentralization of public administration in the field of physical education and sports in Ukraine

Abstract: The emergence of Ukraine as a democratic rule of law of social orientation, its integration into the world community require the creation of legislative foundations for the functioning of an effective system of public administration in all spheres of human life, , in that including in the part of the social sphere that aims at ensuring the public health of the nation, updating the content of the activities of public administration in this area. Based on the peculiarities of the sphere of physical culture and sports, the state should build an effective algorithm of its influence on this sphere, using ideological, political, legal, economic, administrative and other levers in order to improve quality of life indicators. First of all, we are talking about the principles of state social policy in the field of physical culture and sports, as an important direction of ensuring the health and social activity of citizens, as a component of state social (humanitarian) policy. According to the International Covenant on Economic, Social and Cultural Rights (1966), Article 49 of the Constitution of Ukraine enshrines the obligation of the state to care for the development of physical culture and sports. . The development of a new system of public administration made it necessary to identify ways to improve the organization and activity of public authorities and local self-government in the development of physical culture and sports, and to involve as many civil society actors in the process as possible. However, in the context of the diversity of ownership and economic entities, the legislative regulation of this sphere, unfortunately, does not keep pace with the development of sports and sports relations.

16. doc. JUDr. Juraj Vačok, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Principle of Proceedings in Two Instances

Abstract: Autor is focused on the principle of proceedings in two instances. He points out the possibilities of the subjects of the proceedings to extend the proceedings also in the appellate proceedings. Finally, the author solve, if this legal regulation is correct.


13. Environmental and Climate Law Section - Impact of Climate Change on Law


1. Mgr. Denis Bede, PhD. (Ministerstvo životného prostredia SR, , Bratislava, Slovakia)

Title: The role of law in the protection of biodiversity from the impacts of climate change

Abstract: In the paper, the author deals with the question what the role of law in the protection of biological diversity is. He analyses the legal instruments for the protection of biodiversity that the law already provides and assesses their importance in terms of the protection of biodiversity against the impacts of climate change. At the end of the paper the author submits proposals de lege ferenda, which through the legal protection could contribute to increasing the protection of biodiversity against the negative impacts of climate change on the natural environment.

2. Mgr. Lucia Čerňanová, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: International legal framework for adaptation to the adverse consequnces of climate change

Abstract: The article focuses on the analysis of the most important international documents adopted in the area of climate change with an emphasis on adaptation to the adverse consequences of climate change. The article deals with the interpretation of the term "adaptation to climate change", the origin and development of adaptation to the adverse consequences of climate change and presents binding targets adopted at international level in the climate change combat.

3. Prof. JUDr. Milan Damohorský, DrSc. (Univerzita Karlova, Právnická fakulta, Praha 1, Czech Republic)

Title: Barrister and environmental protection in the Czech Republic and abroad

Abstract: Contribution will deal with the role and chances of the barristers in protection of the environmennt in the Czech Republic and abroad.

4. Mgr. Martin Dufala, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: The effect of EU legislation on the use of nuclear energy

Abstract: The paper deals with EU legislation in area of peaceful use of nuclear energy, in particular for the storage of spent nuclear fuel. The author analyzes the impact of this legislation on the legislation of the Slovak Republic.

5. Mgr. BcA. Tereza Fabšíková (Univerzita Karlova, Právnická fakulta, Praha, Czech Republic)

Title: Delictual liability in the area of climate change

Abstract: The presented paper deals with the reflection of climate change in legal norms dealing with delictual liability in connection to the environment. It focuses mainly on the possibilities of creation of delictual liability for conducts leading to climate change. Regarding this topic, the article examines mainly the relevant European law norms and analyzes its progress. Further, the paper deals with the issue of legal regulation of delictual liability for such conduct in the Czech law. The main aim of the article is to examine the reaction of the legal regulation of delictual liability for climate change.

6. Mgr. Lenka Grešová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: The European union in fight against agricultural emissions

Abstract: The paper deals with analysis of statistical data of emissions and removals of greenhouse gases from agriculture of the third countries, which agricultural production is focused on export of agricultural products to European union. The paper focuses mainly on the agricultural production of South America.The Author points out the emissions resulting from deforestation and land-use change at the territory of South America as well as the emissions, which will not be sequestered, therefore remain in atmosphere. The Author deals with mitigation measures which could be adopted to prevent the continuing detrimental effect on environment and climate change.

7. Mgr. Karel Huneš (Univerzita Palackého v Olomouci, Právnická fakulta, Olomouc, Czech Republic)

Title: Water law in connection with grant policy in the Czech Republic

Abstract: In the Czech Republic, the Ministry of the Environment, through the State Environmental Fund, announced the Dešťovka subsidy program to support sustainable water management in households. This subsidy program aims to reduce the consumption of drinking water in Czech households or to motivate Czech households to conserve drinking water, which is declining due to climate change in the Czech Republic. The topic of the paper is to evaluate the mutual relationship of this subsidy program and the relevant legislation in the field of water management with an emphasis on the subsidy program Dešťovka as an economic tool for environmental protection.

8. Mgr Wojciech Iskra (Uniwersytet Śląski, , Katowice, Poland)

Title: An energy cooperative as an institution supporting the development of renewable energy under Polish law.

Abstract: In accordance with the obligations imposed on it as a member of the international community and a member of the European Union, Poland is required to achieve certain level of energy from renewable sources in gross final energy consumption. One of the institutions that was introduced to serve this purpose is the institution of energy cooperatives. The article describes the legal structure of this institution as well as its application and functioning.

9. Mgr. Michal Kiča (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Effective Legal Protection of Waters as Means to Tackle Climate Change

Abstract: -

10. Mgr. Ľudovít Máčaj (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: New regulation of forest management and environmental protection

Abstract: The paper deals with amendments of individual legal regulations concerning forest management, as well as various drafted proposals. It points to the link between forestry, environmental protection and its impact on climate and the fight against climate change. The paper focuses on the importance of environmental protection in forestry in its entirety and importance.

11. doc., JUDr. Michal Maslen, PhD. (Trnavská univerzitza v Trnave, Právnická fakulta, Trnava, Slovakia)

Title: Climate change as a factor affecting the strategic functioning of the state - possibilities of environmental legislation and environmental policy

Abstract: The paper analyzes the influence of the climate change on the strategic functioning of the state. An analysis of the problems includes the possibilities how to fight the climate change using the current environmental legislation and current environmental policy, in particular in the areas of water management, food security and energy. At the end of the paper presents legislative propositions.

12. JUDr. Matúš Michalovič, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Urgenda v. Netherlands - Supreme Court decision

Abstract: The author points to the current state of the battle against climate change in light of the latest scientific knowledge. Subsequently, the Urgenda v. The Netherlands with a focus on the supreme court decision is analyzed. This decision confirms a first-instance decision and second-instance decision in whose the courts have ordered the Dutch government to take additional measures to reduce greenhouse gas emissions.

13. JUDr. Hana Müllerová, Ph.D. (Ústav státu a práva AV ČR, , Praha 1, Czech Republic)

Title: Climate change as a new challenge for law

Abstract: The paper will describe the specifics of the climate change, its causes and implications, that shall be reflected by any legal responses to it. It will deal with such challenges for the emerging branch of climate law like its multiple layers, deformalization, diversity of actors or increasing role of soft law instruments.

14. Mgr Filip Nawrot (University of Silesia in Katowice, Faculty of Law and Administration, Katowice, Poland)

Title: The legal concept of shared natural resources in the light of climate change

Abstract: Despite the fact of moving gradually away from the traditional energy sources, and reducing the share of the energy from the coal-fired power stations in the energy production, extraction of the other minerals, except hard coal, is still crucial for human existence. Just to mention here at least gas, metal ores, metals, gypsum, sand, precious stones or thermal waters. However it is necessary to keep in mind that geology and Nature do not recognise the national boundaries, which results in the fact that some mineral deposits can lay at the territory of two or more states. This leads to the situation when they are subject to the varied legal regimes. There is also a possibility of them being located outside the sovereignty or jurisdiction of any state. There are still not well described issues connected with mining. The aim of this study is to define legal issues related to cross-border mining, the so-called shared natural resources, and to present solutions to problems identified accordingly. The first step will involve an analysis of the concept of shared natural resources, which will be conducted in this paper. The first section of the paper provides a theoretical basis needed for further discussion. It presents definitions of natural resources and their classification. The second part of the study presents definitions of shared natural resources established in the legal acts, the doctrine of the law, and proposed by author his own definitions. The relation between the concept of mineral and shared natural resources is presented at the end of this paper.

15. doc. JUDr. Lucia Palšová, PhD. (Slovenská poľnohospodárska univerzita v Nitre, Fakulta európskych štúdií a regionálneho rozvoja, Nitra, Slovakia) , co-author: Mgr. Kristián Čechmánek, PhD.

Title: Environmnetla Justice in Relation to the Agricultural Land Protection

Abstract: Globally, agriculture is facing destructive problems, including inequality of access to land, unsatisfying quality of food/water, global warming, and land grabbing (Grain, 2010). Environmental discrimination regarding the agricultural land causes deepening social and economic problems rural communities. The legal mechanisms that communities can utilise to defend against dispossession, devastation or pollution of agricultural land are not clear. Even where the investors can be identifiable, they are shielded from the affected communities by complex legal structures (Kothlas, 2016). The aim of the paper was to analyse environmental justice in legal norms regulating the agricultural land. Based on the research it can be concluded that the legal regulation reflects diverse legal institutes related to the land without a link to a comprehensive understanding of land protection.

16. prof. dr hab. Bartosz Rakoczy (Uniwersytet Mikołaja Kopernika, w Toruniu, Toruń, Poland)

Title: Ineffectiveness of law in climate protection. Problems de lege lata and de lege ferenda

Abstract: Climate is an element of the environment that must be protected by adopting global and specific solutions. There is no doubt that the climate must be protected but there are doubts in evaluating whether it requires legal protection. Previous experience shows that legal instruments are not sufficient for effective climate protection. Legal norms usually take on a form of postulates or wishes or a strategy and policy instead of effective legal instruments. Thought should be given as to which legal instruments can play a role in climate protection. Perhaps, completely normative solutions characteristic of climate protection should be put into effect. Without any doubt, the fundamental problem is the necessity of taking global actions. In addition, myths must be separated from actual threats to the climate. It is also necessary to consider the extent to which man is able to affect the climate at all. In turn, the consideration of legal instruments should focus on global threats instead of dealing with isolated and point-specific threats. There is also no consideration on whether the implemented legal solutions actually lead to accomplishing the desired effect.

17. Anna Maria Rizzo (Faculty of Law and Administration, University of Silesia, Katowice, Poland)

Title: Changes in European Union legislative work on the implementation of GMO in Agriculture- how lawmakers can help to prevent climate change

Abstract: Aims of this article are to show changes in legislative works of the European Union in recent years in the field of GMOs in agriculture. The research concentrate on the directives of the EU as well as the history and the general approach of the European community toward implementing new technologies in agriculture. The holistic analysis of the legal work that has been presented brings to the light immense influence of social opinion on the works of lawmakers. Eu is going toward a more precautionary approach than America. The work presented in this paper manifests the influence of European legislators work on other countries as well as how it might need some changes to work better with current environmental issues.

18. Mgr. Jana Šmelková, PhD (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Spent nuclear fuel in the condition of the Slovak Republic

Abstract:

19. JUDr. Vojtěch Vomáčka, Ph.D., LL.M. (Masarykova univerzita, Právnická fakulta, Brno, Czech Republic)

Title: Climate Change and the EIA Procedure

Abstract: The paper deals with the requirements for taking into account the positive and negative effects of the project on climate in the EIA process according to Directive 2011/92/EU. It focuses on the reasons for the amendment behind the amendment of the Directive which was adopted in 2014 (Directive 2014/52/EU) and analyses the extent to which the new EU legislation was reflected in the application of the Czech Act No. 100/2001 Coll., on environmental impact assessment.


14. Constitutional and Clinical Law Section - The Rule of Law as a Part of the Material Core of the Constitution


1. doc. JUDr. Boris Balog, PhD. (Paneurópska vysoká škola, Fakulta práva, Bratislava, Slovakia)

Title: Principle of Legality (on Example of withdrawing the Resignation of a Member of the Government)

Abstract: The Paper deals with the Principle of Legality as a part of the material Rule of Law in terms of the requirement for the scope and detail of the constitutional regulation of the foundations and limits of action of constitutional bodies. In particular, it deals with implicit bases and their compatibility with the Principle of Legality. Example is the withdrawal of the Resignation of a Member of the Government.

2. Mgr. Mária Bezáková (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: The material rule of law according the case law of the Constitutional Court of the Slovak Republic

Abstract: The rule of law is based on compliance with the legislation and the exercise of public authority in accordance with it. The concept of the rule of law can be perceived in formal and material view. The formal rule of law is a state in which the applicable legislation is respected; the content of the rules is irrelevant in this concept. The material understanding of the rule of law also emphasizes the content. There is a requirement that the law must reflect the most important values of the company and that the legislation must be applied in accordance with these values. In the past, the Constitutional Court of the Slovak Republic preferred the formal understanding of the rule of law. The tendency to move away from the formal and legal approach to judicial protection of constitutionality was seen in his decisions after the turn of the millennium. In this period the court began to base his decisions on the concept of a material rule of law and a material approach to the protection of constitutionality. The author deals with the analysis of selected decisions of the Constitutional Court of the Slovak Republic. The topic of this paper is to describe the change in the Constitutional Court's view of the rule of law.

3. Mgr. Vincent Bujňák, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Parliamentary representative's resignation and its interpretation in practice

Abstract: The Constitution of the Slovak Republic enshrines in its article 81 a general rule that a Member of Parliament may resign his or her mandate by personal statement at a meeting of the National Council. The Constitution also allows an exception to the rule. If serious circumstances prevent him or her from doing so, he or she may do so in written form to the hands of the Parliament´s Chairman. Such wording of article 81 is a result of the constitutional amendment no. 90/2001 Coll. With this constitutional amendment, the parliament responded among other things to the negative experience from the Gaulieder Case, in which the constitutional right of the then member of legislature was violated by a resolution of the National Council, which took note of his alleged resignation. In this context, the paper examines the application of the term "serious circumstances" in practice, taking into account that the constitutional text uses it only in article 81. We find that the constitutional bodies have departed considerably from the original intent of the constitutional amendment´s framers, which was clearly expressed in the explanatory memorandum.

4. Mgr. Daniel Demjanovič (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Material core of the European union constitution

Abstract: In recent years, the topic of the material core of the Constitution of the Slovak Republic has been considerably pertracted. Discussions among the academics have transformed, from original question of whether there is a material core, to question about its very content and importance in our legal system (especially in light of Constutional court judgement no. 21/2014-96). On the other hand, European Union is creating its own (transnational) constitutional framework. Although we do not yet consider the European Union to be a sovereign state, its construction and space for the furthure integration can significantly affect this fact. The question of the existence/ non existence of the material core of the EU Constitution may, therefore, be equally relevant in the future.

5. doc. JUDr. Marek Domin, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Should the Constitutional Court Intervene to the Results of the Election Even After a Disproportionately Long Period of Time? Legality v. Legal Certainty

Abstract: One of the fundamental requirements for elections based on the rule of law principle is their conduct in accordance with constiutional and legal rules. Otherwise, the Constitutional Court, including Slovak Constitutional Court, is entitled, under certain conditions, to cancel the results of the election and to order to repeat them. However, the rule of law principle also includes the requirement of legal certainty for electoral contestants, as well all addressees of legal acts of the elected official, that is, the requirement of delivery of the Constitutional Court decision on elections as soon as possible. Therefore, the paper focuses on the relationship between the two said requirements arising from the rule of law principle. Particular elections cases related with the above requirements will form a part of the paper also.

6. LL.M Natasa Doneva, Teaching assistant (Faculty of Law, University Goce Delcev Stip, Stip, Macedonia)

Title: CONSTITUTIONAL ENGINEERING - Abuse of constitutional provisions of protecting human rights

Abstract: In the 21st century, constitutional engineering is a materia that is more and more talked about. The experiences and consequences of previous constitutional pleadings have contributed to making this notion more relevant and drawing attention to the real need for a proper constitution as the highest act in a so called legal state. That is one of the reasons why bad practice of copying good constitutions in all types of countries should be interrupted, as well as finding appropriate human rights protection mechanisms, because the basic human rights and freedoms are apparently unprotected in certain constitutions and susceptible to manipulation because of so-called "constitutional loopholes"... The existence of an enormous number of judgments by the European Court of Human Rights, precisely in favor of individuals whose rights are grossly violated even by the states themselves, speaks alarmingly in support of our theme that urgent constitutional reforms are needed to establish legal certainty. In this paper, through case studies, we will try to present the picture of the current situation and (non) existence of an equilibrium between Constitutional guarantees and human rights. We will also analyze the inappropriate practice of adopting the same constitutions in different state installations.

7. doc. JUDr. Mgr. Martina Gajdošová, PhD. (Trnavská univerzita, Právnická fakulta, Trnava, Slovakia)

Title: Relevance of self-government of the advocacy for the rule of law

Abstract: Self-government in the advocacy in our territory is operated in contemporary mode since 1875. After period of restriction of self-government (1948 – 1989) there is the accesible period of performing of self-government. The contribution focuses to particular aspects of self-government in the advocacy and to its relevance for the rule of law.

8. JUDr. Stanislav Gaňa, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: The functions of the President of the Slovak Republic in the protection of the rule of law principles

Abstract: In this article the author analyses the tasks of the President of the Slovak Republic in the protection of the rule of law principles, espessialy in the connection with the duty of the President to ensure due performance of Constitutional bodies through his/her decisions. He put the stress on the decisions of the Constitutional Court of the Slovak Republic in this field.

9. Bachelor of Laws Veronika Gazepova, Master of Laws (Faculty of Law, University Goce Delcev, Stip, Macedonia) , co-author: Bachelor of Laws, Veronika Gazepova, Faculty of Law, University Goce Delcev

Title: CONSTITUTIONAL ENGINEERING - Abuse of constitutional provisions of protecting human rights

Abstract: In the 21st century, constitutional engineering is a materia that is more and more talked about. The experiences and consequences of previous constitutional pleadings have contributed to making this notion more relevant and drawing attention to the real need for a proper constitution as the highest act in a so called legal state. That is one of the reasons why bad practice of copying good constitutions in all types of countries should be interrupted, as well as finding appropriate human rights protection mechanisms, because the basic human rights and freedoms are apparently unprotected in certain constitutions and susceptible to manipulation because of so-called "constitutional loopholes"... The existence of an enormous number of judgments by the European Court of Human Rights, precisely in favor of individuals whose rights are grossly violated even by the states themselves, speaks alarmingly in support of our theme that urgent constitutional reforms are needed to establish legal certainty. In this paper, through case studies, we will try to present the picture of the current situation and (non) existence of an equilibrium between Constitutional guarantees and human rights. We will also analyze the inappropriate practice of adopting the same constitutions in different state installations.

10. doc. JUDr. Milan Hodás, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Some recent aspects of the rule of law

Abstract: The paper deals with recent aspects of the rule of law.

11. Doc. JUDr. Jiří Jirásek, CSc (Univerzita Palackého v Olomouci, Právnická fakulta, Olomouc, Czech Republic)

Title: Lay element in the judiciary - democratic element or burden of the past?

Abstract: The participation of the lay element in the exercise of judicial power is part of the legal systems of many European countries. Are the efforts to abolish the institute of lay judges in the Czech Republic a prudent step?

12. doc. JUDr. Alena Krunková, PhD. (Univerzita P.J. Šafárika, Právnická fakulta, Košice, Slovakia)

Title: The modern role of legal principles

Abstract: The contribution deals with selected legal principles in relation to the limitation of public power. Also the contribution shows to their traditional perception as well as the roles they play in the modern rule of law.

13. Doc. JUDr. Tomáš Ľalík, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Direct application of a constitution

Abstract: The paper analyzes direct application of the constitution.

14. Roman Lysina (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Is it appropriate for the rule of law principle to be part of the substantial constitutional core?

Abstract: In the title of the paper, perhaps provocatively, we wonder whether it is appropriate for the rule of law principle to be part of the substantial core of our Constitution. As is well known, by decision ref. no. PL. ÚS 21/2014, the Constitutional Court conferred upon itself the role of protector of the substantial core of the Constitution, which has also been defined there. The principles of a democracy and rule of law were marked as one of the basic building blocks of the substantial core. However, as the Court itself noted, the list of the elements constituting the principles of a democracy and rule of law is not exhaustive. In our paper, we try to answer the question whether it is appropriate for principles of democracy and rule of law to be protected under the notion of substantial constitutional core. The issue arising from such a construction is, that there is no established legal definition of these principles, hence their final content depends only on the will of the Constitutional Court.

15. prof. JUDr. Ladislav Orosz, CSC. (UPJŠ v Košiciach, Fakulta verejnej správy, Košice, Slovakia)

Title: -

Abstract: -

16. Constantin PINTILIE (University of Bucharest, Faculty of Law, Bucharest, Romania)

Title: The legal certainty and the rule of law: the recent approaches of the Constitutional Court of Romania

Abstract: Enshrined in the Constitution of Romania as a fundamental principle of the state, the rule of law principle gained a multifaceted substance following the evolving case-law of the Constitutional Court of Romania. Although it is well-appreciated the approach of the Constitutional Court regarding the principle of legal certainty in its formal side, this achievement is to some extent shadowed by the lack of more clear boundaries for the actions of the Constitutional Court: sometimes, by sanctioning unpredictability, this generates greater uncertainty.

17. Professor Mykhailo Savchyn, LL.D (Dr.Hab.) (University of Uzhhorod, Law Faculty, Uzhhorod, Ukraine)

Title: The guaranties of independence of bar in Ukraine and European experience

Abstract: Rejection of the Soviet post-colonial heritage leads to a revision of the role of the bar in the human rights protection system and enforcement of legal order. The ideas of the rule of law and respect for human rights are gradually gaining ground in this system. Although there is still an ambiguous attitude to them today. Instead of introducing real guarantees for the independence of lawyers and securing legal immunity, the state overly interferes within the autonomy of bar as a self-governing organization. The amendments to the Constitution of Ukraine 2016 and 2019, which directly relate to the independence of the bar as an institution of civil society, are therefore analyzed.

18. Dr. Zsuzsa Szakály, PhD (Unversity of Szeged, , Szeged, Hungary)

Title: Two Sides of the Same Coin: Internal and External Protection of the Material Core of the Constitution - The Eternity Clauses as the Internal Protection

Abstract: There are provisions of the constitutions that need to be given higher protection for some reason: this is the material core of the constitution. The external and internal sides of this higher protection can be separated and in this context the aim of the present paper is the examination the Region of Central and Eastern Europe with the eternity clauses in the spotlight. In case of internal protection, some provisions of the constitution are secured from the amendments: the constitutional-amending power is limited (eternity clauses). In case of external (supranational) protection the core of the constitution can be secured from the changeability caused by the supranational level (constitutional identity). The role of explicit and implicit eternity clauses can be significant in this question. The constitutional interpreter can use them as guidelines in defining the constitutional context. Comparative analysis can show the possibilities embedded in these clauses.

19. Mgr. Daniel Takács (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: FLEXIBLE ADJUSTMENT OF SLOVAK ELECTORAL LAW - WHEN RULING MAJORITY CHANGES GAME RULES BEFORE START

Abstract: The paper focuses on the issue of legal regulation of Slovak electoral law and the possibility of its revision. Under the conditions of the Slovak Republic, the base of the legislation of the electoral law is in the form of legislation; In fact, flexible regulation of electoral law means a relatively simple possibility of revising the right to vote by the current parliamentary majority. This situation opens the door for electoral engineering and policy changes that could benefit the current ruling majority and could even happen just before the elections. The framework of the paper will be the analysis of individual cases where there was a revision of the electoral law and the assessment of the risk of violation of legal certainty as a rule of law principle, which stems precisely in the flexible regulation of the suffrage.

20. doc. JUDr. Lívia Trellová, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Transforming concept of the rule of law in the Slovak Republic

Abstract: The aim of the paper is to point out the development of the concept of the rule of law as a part of the material core of the Constitution of the Slovak Republic. This is a remarkable development that has gained dynamics in recent years. At the same time, the author aims to analyze some selected aspects of the rule of law, and to critically evaluate them.

21. dr. Norbert Tribl (University of Szeged, Faculty of Law and Political Sciences, Szeged, Hungary)

Title: Two Sides of the Same Coin: Internal and External Protection of the Material Core of the Constitution The Constitutional Identity as the External Protection

Abstract: There are provisions of the constitutions that need to be given higher protection for some reason: this is the material core of the constitution. The external and internal sides of this higher protection can be separated and in this context the aim of the present paper is the examination of the Region of Central and Eastern Europe with the constitutional identity in the spotlight. In case of internal protection, some provisions of the constitution are secured from the amendments: the constitutional-amending power is limited (eternity clauses). In case of external (supranational) protection the core of the constitution can be secured from the changeability caused by the supranational level (constitutional identity). In the European view the ultimate interpretation of constitutional identity must be materialized in the practice of constitutional courts of the Member States in charge of the interpretation of the constitution as the ensemble of fundamental constitutional provisions and institutions with historical origins defining the constitutional system.


15. IT Law and IP Law Section - Disruptive Technologies: Regulatory and Ethical Challenges


1. JUDr. Jozef Andraško, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Cybersecurity of autonomous vehicles

Abstract: The author deals with cybersecurity aspects of autonomous vehicles. Firstly, the author defines the concept of autonomous cars. Furthermore, the author focuses on legal regulation of autonomous vehicles from the perspective of German legal order. Secondly, the author is dealing with the issue of security and cybersecurity in the context of different legal fields. Last but not least, the author focuses on the Cybersecurity Act which is aimed at the protection of ICT products in the field of cybersecurity.

2. Dr Zsolt G. Balogh, PhD (Corvinus University of Budapest, , Budapest, Hungary)

Title: Regulation on robo-advisors

Abstract: Recommendation systems are almost as old as the Internet. (Riedl - Konstan 2004). Their use in the financial sector can be postponed until around the end of the 2000s. Simply put, they mean software that can automatically, with minimal or no human intervention, offer products - financial products in the financial sector - based on users' personal preferences. Already in the early 2010s, various financial supervisors, including Europeans, were noticing these referral software programs in the financial sector and the need to regulate them, especially from a consumer protection point of view, emerged immediately. Since at the time roughly coincided with the renewal of the MIFID rules, and since the entry into force of the MIFID II and MIFID implementing regulations, these systems are already partially reflected in automatic advisory systems or in jargon calls them "robot consultants". In addition, these systems are named in the MIFID Implementing Regulation and dealt with in several dedicated documents by European supervisors. The need for regulation is obvious for these computer applications because, although they have plenty of advantages – giving advice at a much lower cost than humans, and thus grant access to clients to services that they could not afford before – also impose obvious risks. These risks are usually identified as the risk of financial institution and consumer’s risks. Financial institution risks include, for example, litigation claims and reputational risk due to poorly designed algorithms. This presentation consists of four major sections: the first section introduces the legally relevant types of advisory software, and then the legislation that directly or indirectly applies to them. Then two cases are to be presented from a regulatory perspective: a case of personalized/targeted advertising and then the computer-supported consulting.

3. Doc. JUDr. Rastislav Funta, Ph.D., LL.M. (Vysoká škola Danubius, Fakulta práva Janka Jesenského, Sládkovičovo, Slovakia)

Title: IoT from legal point of view

Abstract: The Internet of Things (IoT), the all-embracing networking of smart devices with each other through the Internet, is on the rise and is becoming a reality. The key change that the IoT will bring is its ubiquity: networked devices will be everywhere. Like any technological progress, also this development goes along with risks and opportunities from legal perspective.

4. Dr. Judit Glavanits, PhD. (Széchenyi István University, Faculty of Law and Political Sciences, Győr, Hungary)

Title: Blockchain technology for the State? Facts and reality

Abstract: One of the disruptive technologies of the early 21st century is the distributed ledger technology (DLT) and based on that the blockchain systems. The technology is far not only the Bitcoin and the "hype" around the cryptocurrencies, but a possible trust-based data storage system. This innovation can be useful not only for those seeking for new investments, but for the state itself: the land register, health data, public services... etc may all benefit from using it. The paper is summarizing the international literature of the possible usage of DLT in the public sector, with focus on the minimization of public spending and maximization of transparency of the state.

5. Mgr. Zoltán Gyurász (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Ethics in the age of Artificial Intelligence

Abstract: Technology-driven disruption is happening faster than we could have expected, reshaping the way we live. The digital revolution of the 20th century made information available everywhere, anytime. Now in the age of Artificial Intelligence, these informations are used for automating the decision-making process, for a better and improved life. The creation of machines with general intellectual capabilities pose new, still unanswered questions. While maybe the liability, trust or privacy issues of these machines are more heavily discussed, we cannot forget all the ethical issues that come with this topic. This paper aims to analyze the ethical questions that arise from the possibility of pursuing an ethical artificial intelligence

6. prof. JUDr. Branislav Hazucha, LL.D. (Hokkaido University, Graduate School of Law, Sapporo, Japan)

Title: Regulation of New Technologies by Copyright Law

Abstract: This Paper examines different possible ways of regulating new technologies in copyright law, i.e. legislation, case law and private ordering. It scrutinizes advantages and disadvantages of each way from the perspective of striking just and fair balance between legitimate interests of all the affected stakeholders. The analysis focuses on recently adopting ways of regulating new technologies in copyright law by indirect copyright liability, exhaustion of rights and other doctrines of copyright law.

7. Gergely Karácsony, PhD (Széchenyi István University, Széchenyi István University, Győr, Hungary)

Title: Legislation in Uncertainty - Innovative Approach to Regulating Disruptive Technologies

Abstract: New digital technologies appear daily, and with each of them come countless new business uses, applications and services offered to the public. Legislators are often unable to keep up with the rapid spread of innovative solutions, and therefore sometimes the legal background of certain newly developed services is not appropriately established, rendering the regulatory steps only a means of post-fact acknowledgement of the dangers of these new services. In my paper I argue, that new technologies (such as artificial intelligence, data mining or blockchain) cannot be regulated in an abstract way, providing generalised guidelines or principles for market entrants and developers. Legislators need trustworthy information on the functioning of a product in order to be able to identify and mitigate potential risks. Developers of these technologies also need guidance from authorities whether their new product can be put to public use, needs alterations or is generally forbidden. I argue that the two parties need a common “private space” where they can test and oversee the functioning a new product in order to determine its fitness to be publicly introduced. In my paper I argue that regulatory sandboxes are legislative innovation European countries need in order to provide effective, fact-based regulatory solutions for emerging technologies. This enables the developers to test and fine-tune their product before market entry, and the regulatory authorities to get to know the new product in order to assess potential risks and find the best way to regulate it.

8. PhD Ewa Lewandowska (University of Warmia and Mazury in Olsztyn, Faculty of Law and Administration, Olsztyn, Poland)

Title: About the role of an advocate in the field of trademark protection

Abstract: Trademark can be any sign capable of distinguishing the goods of one undertaking from goods of other undertakings and capable of presented in the register of trademarks in a way that makes it possible to determine the unambiguous and exact subject of the protection granted (Article 120 (1) of the Industrial Property Law). Trademark is a common asset used by undertakings, which involves economic risk. Registration of a trademark warns the competition from unauthorized, unlawful use, and in the event of an infringement enables effective protection of rights. Due to the 2015 amendment, among others, advocates were granted the opportunity to act as a party's representative in proceedings in front of the Polish Patent Office in cases related to filing and processing of applications and maintaining trademark protection. The statutory changes are criticized, arguing that advocates are not prepared for such task. The purpose of this publication is to point out that the advocate participation in the field of trademark protection does not only cover the trademark registration stage covered by the indicated amendment, but also applies to the provision of legal assistance in the event of trademark infringements. The matter of trademarks is therefore not a new issue for this group of professionals, in particular for units specializing in intellectual property issues.

9. JUDr. Matúš Mesarčík, LL.M (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Legal limits of providing services in line with General Data Protection Regulation

Abstract: The article focuses on the provision of services and selected legal aspects of the General Data Protection Regulation (GDPR). First of all, it is appropriate to distinguish between the provision of public administration services and the provision of services by private entities. Differences occur in particular when choosing the appropriate legal basis, which also determines the extent of processing operations. The article analyzes in detail what processing operations can be subsumed under the provision of services as a legal obligation or the public interest by public authorities and what limits the provision of services on legal ground of contract in case of private entities in the light of the guidelines of the European Data Protection Board.

10. dr. Kitti Mezei (Centre for Social Sciences, Institute for Legal Studies, Budapest, Hungary)

Title: The disruptive technologies and criminal law: artificial intelligence, cryptocurrencies and Internet of Things

Abstract: The growing adoption of the Internet provides increasing opportunities to commit crime facilitated, enabled or amplified by the Internet. Internet users globally creates a broader attack surface, new attack vectors and more points of entry, including social engineering methods, for criminals to exploit, making endpoint security even more important. In general cybercrime is increasing in scale and impact. The legitimate features of new technologies are being exploited by offenders. Therefore, the presentation analyses solely the criminal use of some disruptive technologies and related regulatory questions. The aim of the presentation is to exam the full spectrum of criminal acts using artificial intelligence, cryptocurrencies and Internet of Things (e.g. cyber-enabled fraud, misuse of personal data, money laundering, serious and organised crime to child sexual exploitation).

11. Nimród Mike, LL.M., CIPP/E (Corvinus University of Budapest, Institute of Information Technology, Budapest, Hungary)

Title: Privacy Compliant Cloud Computing in ERP systems

Abstract: Organizations using Enterprise Resource Planning (ERP) systems are inherently exposing themselves to a potential personal data breach, a concept treated with unmatched severity in the currently applicable legislative framework. As the threat is continuous, organizations should have strong confidence in their service provider’s compliance and security level. Concurrently in cloud computing environments other stakeholders can be mapped (e.g. cloud-brokers, cloud-auditors, cloud-intermediaries). This implies that an ecosystem have to observed with more stringent rules relating to data processing. The ecosystem sketches an interoperability zone of at least three and sometimes even more key participants: the data controller, as the client who is using an ERP solution; the data processor as the solution provider; and the individuals, whose data are subject to processing. The paper aims to firstly offer a brief introduction on certain aspects of ERP-systems, mainly focusing on the success-factors of their use. Arguments are presented on why cloud-based licenses can be even more highly ranked nowadays on the market. Secondarily, the practical implementation of the ‘Privacy by Design’ concept shall be discussed in detail, since this approach has found its way into the legislation by now. The paper is concluded with a preliminary compliance model to achieve a designed data privacy in such environments.

12. Ing. Mgr. Bc. Petr Molnár (Advokátní kancelář Ing. Mgr. Bc. Petr Molnár, , Hradec Králové, Czech Republic)

Title: Cloud computing – the breakthrough technology in advocacy

Abstract: The present article addresses the current issue of using the law documents management tools (online storages, cloud servers and software) as a significant way to practise law. Even though the general public has been using the cloud solution for a while now, the advocates have still favoured the paper-based law documents management. Cloud computing can make the work productivity more efficient, however, we should also think about the risks it might pose. The advocates who use cloud computing should not forget implementing the preventive measures to ensure the advocate confidentiality, privacy and sensitive data protection, trade secret and protection of important client information. The regulation of this digital document management shall be new and inevitable challenge for advocates in the near future. This article thus describes the basic options for the advocates to address the above-mentioned risks. It also offers the essential regulation tips for bar associations and public authorities

13. JUDr. Viera Petrášová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Trade secrets in R&D joint-venture agreements funded by EU budget

Abstract: Joint-ventures agreements shall usually refer or stipulate contractual arrangements on confidentiality measures as well as the definition of an intellectual property. The background in a broader sense shall be defined at discretion of parties to the agreement without any intervention of a funding body. The confidentiality relates not only to trade secrets but to certain aspects of general protection of personal data, as well as public procurement rules and common rules of a scientific work. New regulations on European Open Science Cloud and other initiatives of the European strategic interest represent an impediment for contractual parties in joint-ventures agreements either directly by the agreement on funding or specific settlements in consortium agreements. Contractual parties shall define specific intellectual property protection as regards the exploitation, the dissemination and the commercialisation of joint-agreement cooperation results. The standard clause shall refer to contractual mechanisms of common decision-making in the field of the dissemination and future contracts or common licenses.

14. Tamás Pongó, PhD, LLM (University of Szeged, Faculty of Law and Political Sciences, Szeged, Hungary)

Title: Bullying and cyberbullying in Hungary

Abstract: According to the TABBY in Internet (2011-2015) project, Hungarian students are already affected by cyberbullying. This phenomenon represents a complex, technology-induced social problem, which mainly affects students. Unfortunately, Hungary has no anti-bullying law or a nationwide applied anti-bullying program. However, certain milestones have been achieved in recent years. In my presentation, I am going to briefly introduce the Hungarian status quo regarding the issue of bullying and cyberbullying. Pursuant to my research results, the greatest problem in Hungary is the lack of awareness concerning this phenomenon. It has already been proven that our nation’s students have faced bullying and cyberbullying conduct, but they had no knowledge to recognize it, and to take appropriate measures in order to handle the situation. Consequently, in the lack of a nationwide program, scholars should find a proper solution to raise awareness, and give the necessary tools to our students. Since it appears an interdisciplinary social issue, a complex idea is required, which involves teachers, psychologists, sociologists, and lawyers, etc. from the early school age. Several steps were taken but remained unsuccessful in Hungary. In the course of my presentation, I intend to reveal some reasons behind these failures.

15. Ing. Albert Priehoda, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia) , co-author: Ing. Ján Havier, PhD., InValue s.r.o.

Title: Intellectual property of a company and valuation of its selected components.

Abstract: Intellectual property is currently an up to date topic. It is an important part of the value of businesses and it is also very important for their economic prosperity. It requires an interdisciplinary approach and the involvement of experts in the fields of law, technology and economics. In our paper, we focus on the field of intellectual property valuation. The basis for a relevant valuation of the selected intellectual property component is its correct systematization in the structure of the intellectual property. In this paper, we try to offer the view of several authors with different opinions on the topic, while we also try to provide our opinion on it. Finally, we set the valuation principles and evaluate the most commonly used method of intellectual property valuation.

16. JUDr. Soňa Sopúchová, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Legal regulation of drones in the context of GDPR

Abstract: The paper deals with the regulation of unmanned aircraft in the context of personal data protection. It focuses on the analysis of the obligations of the owners of these facilities and the possible risks in cases of personal data threats.

17. JUDr. Michal Toman (Univerzita P.J. Šafárika, Právnická fakulta, Košice, Slovakia)

Title: Legal and Ethical Perspectives of Artificial Intelligence in the Business

Abstract: Many of the developments in Artificial Intelligence (AI) can be tracked back more than 50 years, but the main reason why now so much attention is paid to AI in general and also to Machine Learning (ML) is that the recent advances in computing power, availability of big data, and new algorithms have led to important breakthroughs in the recent years. From machine translations, to facial recognition or music creation, nearly all industries try to exploit the advantages of AI and ML. To get the most out of AI, scientists need to liaise with the users in order to understand their concerns. Data scientists should also understand an organization’s culture and its approach to the adoption of new ideas and business practices. Legal, ethical and regulatory problems in the fields in which their business partners do their business also require thorough consideration. As we will highlight in this paper, a key characteristic which many of EU member states are stressing is the strong legal and ethical liability connected with the deployment of AI in any kind of business. We will briefly compare selected national and EU levels of legal and ethical guidelines which shall frame the use of the AI.

18. Mgr. Petra Žárská, LL.M, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia) , co-author: Mgr. Martin Daňko, PhD.

Title: THE REGULATORY CHALLENGES: PROCESSING OF PERSONAL DATA IN DIGITAL TAX SYSTEM

Abstract: The digital era is built predominantly on technology and personal data. There is no doubt that technology progress fueled by the use of personal data serves us greatly, but we must not forget its risks. People hand over personal data under laws for different purposes. One of them is well running digital tax system benefiting taxpayers. What personal data are truly necessary for transparent taxation? This major question is the center of a motion to commence proceedings on compliance of the certain provisions of the Act on usage of electronic cash register with the Constitution of the Slovak republic. This article will analyze the motion with relation to the data protection law and will focus on processing of personal data in the system “ekasa”. Authors' utmost goal is to create the discussion on processing only personal data necessary for regulatory purposes.

19. Magdalena Zielińska, M.A. (University of Wroclaw, , Wrocław, Poland)

Title: Implementation of GDPR in Poland  - selected cases from financial sector

Abstract: GDPR was a wide reform of personal data protection reform after 20 years from the directive 95/46/EC. Even though it is a resolution, some local constrains could be made by each member country. The articile is going to show the way to being compliance with GDPR on the example of financial sector, and its future due to technology development.


16. Roman Law, Canon Law and Ecclesiastical Law Section - Development, Position and Importance of Legal Professions in Roman and Canon Law


1. doc. JCDr. PaedDr. Róbert Brtko, CSc. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: The controversy of Proculians and Sabinians regarding the legacy to which an impossible condition (condicio impossibilis) has been attached

Abstract: The paper after introducing two Roman schools of law, which significantly contributed to the development of jurisprudence in the period of the Principate, analyzes the controversy that arose between those two schools due to the validity of the legacy, which was accompanied by an impossible condition, i.e. a condition that could not be met for physical or legal reasons.

2. JUDr. Mgr. Petra Capandová, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Rhetor - Precursor to a Barrister in the Formula Process?

Abstract: The formula process has an irreplaceable position in the Roman private procedural law, since it was the dominant procedural form during the “golden age” of Roman law' development, as well as in the early days of the emergence of iurisprudence as an important source of the Roman, and especially private, law. However, because of the special status of lay lawyers, they did not enter the formula process at all and in the apud iudicem proceedings the litigant parties spoke on their own or called upon the rhetor to help them. Thus, the rhetor acted as a barrister in proceedings before a judge, but did not have to have legal training and therefore cannot be referred to as a barrister in the present understanding.

3. Prof. ThDr. PaedDr. Ján Duda, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: The Judge of Church tribunal in Canon law

Abstract: Analysis of canon law legislation focused on professional qualities and moral integrity of the holders of the office of judge of the church tribunal. Scholarly readiness and moral integrity must be seen as essential pillars of proper functioning of the church tribunal or of the administrative element, that acts as a tribunal.

4. JUDr. Martin Gregor, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Development of the Criminal Jurisdiction of the Imperial Magistrates in the Time of Principate

Abstract: The change from the ancient Rome republic to the imperial rule gave, among others, also rise to the new type of process in the Roman criminal law. As a result of the cumulation of power it happened ever more frequently that the princeps delegated the decision making in the singular cases to his magistrates. The paper tries to track the development of their jurisdiction in criminal cases in which they acted essentially as judges. Except for general remarks about this type of judicial practice the paper focuses also on the specific agenda of pretorian prefect, urban prefect, prefectus of the vigiles, prefect of the annonae and others. Last but not least, the paper aims to evaluate the criminal justice process of this type from the point of view of general theory of justice process including the research on the readily available parallels

5. Mgr. Ján Ivančík (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Profession, prestige or influence tool: Perception of remuneration for legal services in Roman environment

Abstract: The formation of numerous legal professions (e.g. advocacy, or notary) is generally associated with the antique period, when these professions acquired their basic contours. Compared to the recent perception of these professions, Roman sources clearly point to a fundamental difference - remuneration. In the article, the author deals with development of the element of remuneration and its acceptance by Roman lawyers and the whole society, as well as with the change of purpose, for which legal services were provided by Roman scholars. Was it their aim to deepen the knowledge, to prosper, or did they want to obtain popularity within the people in order to gain political functions?

6. Mgr. Dominika Kubošiová (Univerzita Mateja Bela, Právnická fakulta, Banská Bystrica, Slovakia) , co-author: doc. Dr. iur. JUDr. Ing. Michal Turošík, PhD.

Title: Selected aspects of the development of legal representation in Roman law

Abstract: Article deals with various aspects of the development of legal representation in Roman law.

7. Dr hab. Łukasz Marzec, Assistant Professor (Jagiellonian University, Department of Law and Administration, Kraków, Poland)

Title: Oratores, advocati, amici. Some remarks on the formative of legal professions in Antiquity.

Abstract: It is undisputable that the advocacy is a feature of well-developed contemporary legal systems. It played an important role in the legal order of ancient Rome. Many modern rules of professional conduct refer to their ancient Roman roots. The aim of this paper is to draw an outline of the development of Roman legal professions and their position in the system of the state.

8. Prof. JUDr. Matúš Nemec, Phd. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: The Defensor of Bond in Canon Procedural Law.

Abstract: The defensor of the bond is in canon law an person in authority, which must ex offo take part in the process of nullity of sacred ordination and in the process of nullity of marriage. His role is to propose and explain everything which reasonably can be brought forth against nullity or dissolution.

9. Mgr. Dominika Veselá (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Legal professions in canon law

Abstract: Legal professions in Canon Law are divided according to the function to be fulfilled. They serve either to gather evidence or to report on evidence, or to take care of the public good or to produce evidence that would testify against the dissolution of a marriage or its nullity.

10. doc. JUDr. Mgr. Vojtech Vladár, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Exceptionality of the Contribution of Canonists to the Development of Jurisprudence

Abstract: Canon Law is along with Roman Law considered to be the creator and bearer of the legal tradition of Christian West. Namely these two legal systems started to be taught in the period of High Middle Ages as utrumque ius at then universities, whereby this status managed to keep until 18th century principally. In addition to the development of public law the canonists contributed to the enforcement of generally accepted theological ideals and views of that time, which put to the law, university formed as iura docta, the seal of uniqueness. The main goal of the article is to point out the exceptionality of the contribution of canonists to the development of jurisprudence and individual system of ius commune that can be in several aspects denoted to be the base of modern law.


17. EU Law Section - Legal Challenges for the new European Commission


1. JUDr. Bc. Dominika Becková, PhD. (Univerzita P.J. Šafárika, Právnická fakulta, Košice, Slovakia)

Title: One of the Key Challenges to the European Commission - the European Public Prosecutor's Office as effective tool to crimes affecting the Union budget

Abstract: The European Public Prosecutor’s Office (EPPO) was established by Council Regulation 2017/1939, which entered into force on 20 November 2017, under enhanced cooperation to fight crimes affecting the European union budget. Since this day, the pre-set phase, with the aim to prepare the EPPO to become functional as soon as possible, has started. One of the most important institution in the set-up phase is the European Commission, responsible for the establishment and initial administrative operation of the EPPO, and for this purpose is the power to adopt delegated acts conferred on the European Commission. One of the most important decision, which the European Commission will have to take, is the decision setting the exact date on which the EPPO will assume the investigative and prosecutorial tasks. According to the EPOO Regulation the latest date set up by the European Commission can not be earlier than 20 November 2020. This article outlines the importance of establishment of the EPPO, preconditions set by the EPPO regulation on its organizational and administrative structure and its fulfilling in the set-up phase, as well as we focus on a question whether the European Commission will adopt the decision setting up the date when the EPPO can take up its function

2. doc. JUDr. Ing. Ondrej Blažo, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Harmonization vs Real Convergence - Case of Public Procurement

Abstract: The presentation analyze the intensity of decreasing regional divergence in the EU via harmonization, particularly in the case of public procurement.

3. Dr. Raffaele Caroccia, ph. d. student FSEV (Comenius University, FSEV, Faculty of Social and Economic Sciences, Bratislava, Slovakia)

Title: The most recent ECJ rulings about the Banking Union: the Crédit mutuel Arkéa case

Abstract: The making of the Banking Union is the most consistent part in the UE response to solve the sovereign debt crisis with a stable juridical infrastructure. In it UE institutions have a preminent role and can apply national law, which is a quite distinctive feature of the new setting. This shift is going to be studied in the light of a case recently judged by the ECJ, the so called Crédit Mutuel Arkéa case.

4. Vesna Ćorić, Ph.D (Institute for Criminological and Sociological Research in Belgrade, Institute of Comparative Law, Belgrade, Serbia) , co-author: Ana Knežević Bojović, Ph.D

Title: The Role of the CJ EU and the ECtHR in Enhancing Human Rights as a Challenge for the European Commission and the Principle of Human Rights Protection

Abstract: The new European Commission has listed it’s six priorities, one of which is promotion of the European way of life, where fundamental rights are one of the relevant policy areas. Ever since the Court of Justice of the European Union (CJEU) decision in Van Gend and Loos case, the concept of the new and autonomous EU legal order has been established. The CJEU has been a key actor in promoting legal integration in the EU. In doing so, it has resorted to attributing the status of autonomous concept to provisions of EU law. CJEU fundamental rights’ case-law has in the past drawn extensively on the European Convention on Human Rights and the case-law of the European Court of Human Rights (ECtHR). Since the Charter of Fundamental Rights of the European Union became binding under EU law, the CJEU case law seems to put additional focus on the Charter as an instrument for the protection of fundamental rights. The European Court of Human Rights (ECtHR) as a genuine supranational court meets key requirements needed for effective supranational adjudication. As such, it was established by a group of states and it exercises jurisdiction over both cases directly involving private parties and state-to-state cases. The emergence of supranational courts providing standing to individuals significantly improved the position of the individual comparing with traditional international adjudication, which remained limited to only state-to-state litigations. At the heart of notion of supranational adjudication lies its ability to penetrate the surface of the state. As a result of that ability, supranational tribunals have an additional set of potential mechanisms for compelling litigants to appear and to comply with the resulting judgments, what apparently contributes to its effectiveness and extends individual protection of human rights. However, the further improvement of the position of the individual within the European Court, as one of most prominent supranational courts, was attributable to both numerous adopted protocols to the European Convention on Human Rights and active role taken by the European Court. Through its progressive role, the European Court contributed to more comprehensive individual human rights protection, which goes far beyond the text of the European Convention and its protocols. This extension is to a large extent accomplished by creating autonomous concepts. The European Court has developed this doctrine to prevent contracting states from violating the European Convention’s guarantees, by giving its own, narrow interpretation of the terms of the European Convention. In a nutshell, this doctrine implies that autonomous concepts shall be interpreted independently from the meaning which the very same concepts have in domestic law. This paper shall examine to what extent has the doctrine of autonomous concepts strengthened the individual protection of human rights within the European human rights system. This paper will critically examine case-law on the autonomous. Following this assessment, the authors shall offer concrete proposals for improving the application of this doctrine. The authors will use sociolegal method through research of available academic and expert literature in this field, which will provide additional ground for critical assessment of the application of the doctrine of autonomous concepts.

5. Dr. László Dornfeld (Ferenc Mádl Institute of Comparative Law, , Budapest, Hungary)

Title: Digital Sovereignty and the e-Evidence Proposal of the EU

Abstract: Cross-border evidence gathering is particularly important for e-evidence, given its high vulnerability and ease of manipulation, and its short retention period. Today, it is becoming clear that instruments such as mutual legal assistance that have been developed for the cross-border acquisition of physical evidence are not effective enough in the case of digital evidence. The European Union has long tried to reform this old system by various means, in particular by applying the principle of mutual recognition, but these attempts so far have been unsuccessful. The issue has become equally important in the United States, especially with regard to the Microsoft Ireland case, but EU Member States such as Belgium have tried to resolve jurisdictional issues by themselves. The e-evidence proposal package was adopted in 2018, which is a very ambitious step for the EU to ensure the availability of data in criminal investigations. In this presentation, I will look at the different ideas for the new package of proposals and the steps to be taken to adopt it, which will be a task for the new EU Commission.

6. Mgr. Martin Hamřik, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Recent and New Challenges for the European Commission in Consumer Protection

Abstract: will be added

7. JUDr. Daniela Ježová, PhD., LL.M. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Digital Single Market as Legal Challenge

Abstract: A Digital Single Market is one in which the free movement of goods, persons, services and capital is ensured and where individuals and businesses can seamlessly access and exercise online activities under conditions of fair competition, and a high level of consumer and personal data protection, irrespective of their nationality or place of residence. The idea of the Digital Single Market generally covers the European Union without any digital barriers.

8. doc., JUDr. Katarína Kalesná, CSc. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Fighting Bid Rigging in the European Union

Abstract: Starting with brief characteristics of bid rigging and its forms the article analyses the ways of its fighting in public procurement process, sanctions imposed for this type of cartel agreement included.

9. Research Fellow, Research Fell Jelena and Marina Kostić and Matić Bošković, PhD, PhD (Institute of Comparative Law, Institute for Criminological and Sociological Research, Belgrade, Belgrade, Serbia)

Title: How to build Common Features of the Justice Systems in Candidate Countiries and EU Member States

Abstract: The rule of law (Chapters 23 and 24 of the Acquis) is at the heart of the EU accession process. Given recent experience with backsliding on rule of law, the European Commission has firm expectations of countries that aspire to EU membership when it comes to compliance with EU principles relating to the judiciary, fundamental rights, and the rule of law. Areas of focus include improving judicial independence, both conceptually and functionally, and strengthening accountability and efficiency of judiciary. Judicial independence and integrity are under threat in several EU member states, including Hungary, Romania, and Poland. Judicial crises in the EU jeopardize essential principle of mutual recognition in judicial matters and free movement of goods, services, people and capital. The recent decision of the Irish high judge to refuse to extradite a suspected drugs trafficker to Poland due to concerns about the integrity of the Polish justice system, re-confirms the relevance of the rule of law for the EU. These recent experiences will shape the future Commission approach to accession countries and how strict they should be in the implementation of EU acquis and standards.

10. JUDr. Hana Kováčiková, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Digitalisation of the Market – a Case of Competition Law

Abstract: As said Ursula von der Leyen (2019), digital technologies are transforming the world at an unprecedented speed. They have changed how we communicate, live and work. They have changed our societies and our economies. Global digitalisation has brought new legal challenges even to the area of competition law. Competition authorities face to difficulties with the identification of the digital relevant markets or assessment of digital uncompetitive practices. Article introduces some of them.

11. Mgr.et Mgr. Stela Kovaľová (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Comprehensive European Rule of Law Mechanism

Abstract: The rule of law is the cornerstone of all modern constitutional democracies. The European Union is based on a set of shared values, including fundamental rights, democracy, and the rule of law. All the member states agreed to be bound by these principles when joining the EU. The new European Commission aims to uphold the rule of law with the three pillars for future action - promotion, prevention and response.

12. Mgr. Adam Máčaj (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Jurisdiction under the Recent Developments of Jurisprudence on Rule of Law and Judicial Independence

Abstract: This paper aims to analyze the impact of recent jurisprudence of the Court of Justice of the European Union on Member States of the EU. In particular, it focuses on the impact of recent preliminary rulings dealing with rule of law and independence of the judiciary. Apart from addressing the judicial independence itself, various related consequences and conclusions can be inferred from the reasonings of Court of Justice. The current case-law in this area signals various routes for future development, and the potential ramifications for organization of judiciary require further consideration. Interestingly, these implications may weigh heavily on the jurisdiction of courts in Member States, a matter that may, among other problems, bring further complications to the protection of rule of law itself.

13. Dr.jur. György Marinkás, Phd (Mádl Ferenc Institute of Comperative Law, , Budapest, Hungary)

Title: What if a new crisis comes? – In other words, is the EMU prepared for another possible financial crisis?

Abstract: What if a new crisis comes? – In other words, is the EMU prepared for another possible financial crisis? The crisis of 2008 highlighted the existence of a regulation deficit – or rather the nearly non-existence of regulation – on the field of the supervision of financial markets and institutes within the EU. It is clear that the lack of proper supervision played a paramount importance in the 2010 crisis of the Eurozone. During the course of the ten years a lot have been achieved, however: after the first shock and the patchwork-like crisis management, the EU legislators created the single supervisory mechanism and the banking union, which was protected in various cases by the ECJ. The author already introduced the system of supervision and banking union alongside with their functioning in his earlier writings and elaborated his views based on the concerning ECJ case-law, the reports of both EU institutions and independent think-tanks. Since some economist argue that a new financial crisis is on its way, it is high time to provide an overview on these institutions and to estimate their ability to withstand a possible new crisis. The author does accordingly in his current writing.

14. Mgr. Ing. Jaroslav Menčík, LL.M. (Univerzita Karlova, Právnická fakulta, Praha, Czech Republic)

Title: Liberalization of the Public Transport Market: Are We There Yet?

Abstract: The EU has been pushing through its legal regulation a gradual liberalization of the market with public transport in member states for a long time. In the first stage, the market with public transport services by bus was opened. The market with railway transport controlled by national incumbents has evaded liberalization for a long time but now, after the adoption of the fourth railway package in 2016, it will experience a revolution in the form of opening to broad competition as of December 2023. At first glance, it would seem that the legal regulation of the EU has achieved its goal and the market with public bus and railway transport will really be full liberalized soon. However, did we really achieve this goal? It appears that the current legal regulation motivates public authorities to avoid public tenders when looking for providers of transportation services. For example, some regions in the Czech Republic decided to give up public tenders and to ensure the provision of public services in bus transport by their subordinate organization (so-called internal providers). The new European Commission will, therefore, face a challenge to analyze these tendencies and to tackle them in order to ensure a truly liberalized market with public transportation. 

15. doc. JUDr. PhDr. Lucia Mokrá, PhD (Univerzita Komenského v Bratislave, Fakulta sociálnych a ekonomických vied, Bratislava, Slovakia)

Title: Efficiency of Justice System as the principle applied in the Rule of Law framework in the European Union

Abstract: The paper is focused on the efficiency of justice system as one of 17 principles applied within the Rule of Law Framework in the European Union. The research reflects Eurobarometer survey findings on rule of law principle in the member states, as well as the proposed contributions from different stakeholders (member states and EU institutions) within the context of quantitative findings about the efficiency of justice system in member states through EU Justice Scoreboard. The main aim is to identify tools for promotion, prevention and response to findings of individual Member states in the context of goals stated in the EU Rule of Law Framework identified by the European Commission.

16. JUDr. Mária Patakyová, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Speed-up Infringement Procedure

Abstract: Infringement procedure is an important tool for forcing a Member State to be in line with EU law. One of the frequent infringements committed by Member States is a wrong or belated implementation of directives. Implemented directives cover significant part of national law, such as public procurement or consumer protection. The Lisbon Treaty introduced a possibility for a shorten procedure in Article 260(3) TFEU. This possibility was recently interpreted and applied for the first time in the case C-543/17 Commission v Belgium. This contribution analyses the case and it explores the possible impact the speed-up procedure may have on the implementation of directives.

17. Dr. jur. Friedery Réka, PhD (Centre for Social Sciences, Hungarian Academy of Sciences Centre of Excellence, Budapest, Hungary)

Title: The challenges regarding the right of free movement of person

Abstract: The research discuss the right to free movement in terms of its development. The structure of the EU legislation and the interpretation of this fundamental right by the Court of Justice of the European Union gives an overview about the development into an EU citizenship right and offers analyzes about nowadays EU policy regarding free movement of persons.

18. Borka Tushevska Gavrilovikj, PhD (University Goce Delchev in Shtip, , Shtip, Macedonia)

Title: The concept of Leniency in European Competition law

Abstract: The main subject-matter of this research is the “leniency” concept in European competition law. The focus of the research is the advantageous and disadvantageous of “leniency” in the process of combating non-loyal competition, i.e., detection of cartels. „Leniency“ in EU is a fruit of special EU policy, and it is implementation is result of special EU strategy in struggle against fixing the purchase or selling prices or other trading conditions, limit the production or establish sales quotas, share the markets, make arrangements for participation in tenders, limit the import or export, and/or anti-competitive behavior towards other undertakings - competitors to the cartel participants The dominant research methods will be analytical-descriptive method, comparative method and methods of deduction and induction. The historical method, the method of synthesis, abstraction and generalization will be used in some of the analysis of the individual aspects of this problematic. Using the analytical-descriptive and comparative method, comparative solutions will be analyzed to determine the genesis and development of the concept of "leniency", the "leniency" policy, i.e., the "leniency" program in the EU. This is a consequence of the fact that basically all international solutions are a kind of compromise between Member States, regarding certain issue. The main goal of this survey is to ascertain the benefits of the implementation of “leniency” concept, analyzing relevant theoretical data, case study materials, judicial and arbitral decisions, and the most crux, the decisions of the European Commission, as body with jurisdiction on the processes of combating non-iloyal competition. The entire research is based on the theoretical analysis, supported by practical cases about all aspects of the research. This research place special emphasis on the implementation of the „leniency“ in Republic of North Macedonia, as a state with small economy, and special market characteristics and market structure. In this part, special attention will be paid on the question, what are the effects of the implementation of this concept in Macedonian competitive law. The results of the research will be compared with comparative solutions in separate member states and non-member states, but with similar market structure and characteristics to the Macedonian economy. Finally, the expectations are to identify the effects of the implementation of the “leniency” concept and to give a proper assessment of its advantages.


18. Theory of Law and Social Science Section - Legal Professions in Paradigms


1. Prof. Ľubomír Batka, Dr. theol. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Human Dignity as Axiological Fundament for Legal Ethics

Abstract: Undisputed importance of Ethics in realm of Legal professions leads to the question about the fundamental value for Legal Ethics. The contribution presents arguments for Human Dignity as fundamental axiological point of departure.

2. Mgr. Jozef Jenčík (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Advocate à la Kafka

Abstract: The paper "Advocate à la Kafka" analyzes the profession of attorney in the literary paradigm of Franz Kafka (The Trial, The New Advocate, etc.) and in film paradigms inspired by the work of a German-writing Czech writer (Orson Welles, The Trial, etc.). Kafka's work has gained worldwide recognition across various scientific disciplines, and the paper will analyze in a juristic way how Kafka incorporates the profession of attorney into the "world" with the aim of describing his changed position and functions in modern times. Kafka's paradigm has no critical function, but it fundamentally illuminates the phenomena (alienation or self-equality of law, and implied immorality, etc.) that are typical of modern law.

3. Dr. Renáta Kálmán, LLM (University of Szeged, Faculty of Law and Political Sciences, Szeged, Hungary)

Title: How can we effectively teach lawyering skills at a law school?

Abstract: In most of the Middle-Eastern European countries, the formal way of teaching of law is still dominant, although some universities introduced alternative or experimental teaching methods, where not just the substantive and procedural law could be learned, but also some lawyering skills, like interviewing with clients, trial practice, legal document writing, etc. are important part of the curriculum. In Hungary, four out of eight law faculties operate such a legal clinic, where the students provide legal advice in live clients real cases. This initiative offers a real-life experience for law students. In order to get a deeper insight into how effective and useful these experimental teaching methods are, I made a questionnaire that focused on those lawyering skills which can be acquired thanks to the legal clinic courses. These questions deal with those skills and abilities, which are defined by law practitioners as the most important requirements from a freshly graduated law student, such as professional communication skills, problem-solving attitude, knowing the basics of legal ethics, and the ability to draft legal documents. In the course of my presentation, I will present some of my research results. It is already clear that most of the law students think that they gained valuable knowledge and highly improved their skills, in particular, their oral and written communication with clients in real-life issues, ethical knowledge and professional responsibility. According to my research results, the real-life oriented alternative teaching methods represents the future, which establishes a bridge between the law students and the expectations of the employers.

4. doc. JUDr. Rudolf Kasinec, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Lawyer in Czechoslovak totalitarian film

Abstract: In our paper we will try to describe a lawyer as a part of totalitarian Czechoslovak films or series. We will mainly focus on their characteristic features, performance of their profession and so on. We are particularly interested in whether the depicted lawyers are negative or rather positive. We would like to point out the social attitude to the legal profession in this historical period.

5. Mgr. Renáta Kišoňová, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: On the importance of paradigm change (in the philosophical context of T.S.Kuhn and K.R.Popper)

Abstract: In the following paper we will discuss the concept of paradigm in the context of philosophical concepts of T. S. Kuhn and K. R. Popper. The subject of the analysis will be primarily to clarify the necessity of changes in individual paradigms that occur in the history of thought, science and culture. The paper will also focus on the possibilities of predicting the development and form of new paradigms, especially in connection with Popper's critique of historicism.

6. Mgr. Mgr. Andrea Kluknavská, PhD., LL.M. (Univerzita Mateja Bela, Právnická fakulta, Banská Bystrica, Slovakia)

Title: Legal professions in the period of socialism.

Abstract: The focus of the author is the legal regulation of legal professions in 1948 -1989.

7. JUDr. Peter Kubina (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Performing advocacy as a judge with supended exercise of function

Abstract: The article deals with a current issue - possibility to performa advocacy by a judge with suspended exercise of function. Whilst such approach is not in conflict with the text of the law, it may in practice lead to a number of ethical issues and conflicts of interest.

8. doc. JUDr. PhDr. Pavel Maršálek, Ph.D. (Univerzita Karlova, Právnická fakulta, Praha 1, Czech Republic)

Title: The legal scientists and/vs. the communist power in Czechoslovakia in the period 1948 - 1989

Abstract: The paper explores the relation between the legal scientists and the communist power in Czechoslovakia in the period 1948 - 1989.

9. Mgr. Juraj Medvec (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Economic interference with law

Abstract: Paper discusses the relationship between social sciences like law and philosophy and economics and their interference.

10. JUDr. Mgr. Tomáš Mészáros, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Challenges and Prognosis of the Development of Legal Professions in the 21st Century: Science Fiction or Reality?

Abstract: The paper aims to develop a reflection on the future of the legal professions in the context of technological development, starting with the thesis of the "withering away of the law" and the effort to find a parallel between Marxist legal theory and the future trends.

11. Mgr. Olexij Meteňkanyč (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Legal education by J. Frank and other legal realists and the relevance of their legacy for today's faculties of law

Abstract: The aim of this paper is to analyze the ideas of Jerome Frank, one of the most radical legal realists, whose are devoted to proper legal education. Frank criticized the most common model of teaching in the US then, based on the ideas of Christopher Langdell, a well-known representative of American classical orthodox jurisprudence. Langdell's teaching method was based on analyzing and writing short reports on court opinions, as well as addressing modeled situations (case law). Frank criticized the system and pointed out that the teaching system should focus on the real tasks of a lawyer in practice, with the main role of legal clinics and the teaching of the "psychology" of the functioning of the law. We want to address these as well as many other ideas of American legal realists about clinical legal education in a presented paper, and we will point out their relevance even nowadays.

12. JUDr. Mgr. Michal Mrva, PhD., LL.M (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Attorney and his role on the road to the justice

Abstract: The paper is devoted to the role of an attorney in the process of application of legal norms with regard to ensuring the principle of justice. Is it a moral obligation for an attorney to contribute to ensuring justice and fairness through the practice of his profession, or does justice arise as a result of the practice of the law profession regardless of the lawyer's personality?

13. JUDr. Petr Osina, Ph.D. (Univerzita Palackého, Právnická fakulta, Olomouc, Czech Republic)

Title: The position of women in the Islamic judiciary

Abstract: The paper deals with the influence of women in the judiciary of Islamic countries.

14. Mgr. Nikolas Sabján, LL.M (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Radical Critique of Human Rights and and its Consequences for Legal Practice

Abstract: Human rights have long been discussed within the Marxist and Post-Marxist tradition. There have been debates since Marx with respect to the nature of human rights, in particular the question if human rights may be considered as an appropriate tool to achieve social change and emancipation of certain groups in the society. In general, the question which cropped up was whether human rights are actually a progressive force or they merely legitimize the status quo. This question caused disagreement among those belonging to the Marxist tradition. In the field of law, there was a similar discussion among the theoreticians of Critical Legal Studies (CLS). The submitted paper's aim is to contribute to this discussion by analyzing the critiques from the Central European perspective and provide some reflection on the consequences of such critiques for the legal practice.

15. doc. JUDr. Mgr. Martin Turčan, PhD. (Univerzita Komenského v Bratislave, Právnická fakulta, Bratislava, Slovakia)

Title: Remark on methodological (in)consistency of a judge

Abstract: Paper deals with methodological aspect of judicial profession. Author asks about importance of methodological consistency of a judge in interpretation of law. He expresses his approach to given issue and points to ethical and legal contexts of the issue. Character of the paper is more-or-less theoretical.

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