Plenary section: Judiciary as the Guarantor of Values of the Democratic State and the Rule of Law

No. Section & topic Language
1)  Criminal Law Section
Constitutional, Statutory and Criminological Attributes for Crime Victims
SK/CZ/EN
2)  Financial Law Section
Constitutional Basis of Financial Law
SK/CZ/EN
3)  Legal History Section
Formation of Czechoslovakia in 1918 and Persons in Jurisprudence
SK/CZ/EN
4)  Labour Law Section
Constitutional Principles and Application of the Right to Work
SK/CZ/EN
5)  Civil Law and Commercial Law Section
Impact of the Case Law of the Constitutional Court on the Interpretation of Legal Rules in Private Law
SK/CZ/EN
6)  International Law Section
Constitutional Framework for Entering into International Treaties
SK/CZ/EN
7)  Administrative Law Section
Constitutional Principles in Decision-Making Practice of Administrative Bodies
SK/CZ/EN
8)  Environmental Law Section
Legal Aspects of Combating Climate Change
SK/CZ/EN
9)  Legal Theory Section
Judicial Decision-Making: Guarantees of and Obstacles to Fair Trial
SK/CZ/EN
10)  Constitutional Law Section
Constituent Power v. Review of Constitutionality
SK/CZ/EN
11)  IT Law and IP Law Section
Constitution on the Internet and the Internet within the Constitution
SK/CZ/EN
12)  Roman Law and Canon Law Section
Dynamics and Stability in Formation and Application of Roman Law and Canon Law
SK/CZ/EN
13)  EU Law Section
Respecting National Identity and Principle of Loyalty in EU Law – Borders – Conflict – Harmonisation
EN

Section annotations


Criminal Law Section
Constitutional, Statutory and Criminological Attributes for Crime Victims

Annotation:

The primary topic of this section is constitutional, statutory and criminological attributes for crime victims. This topic has been derived from the recently adopted Crime Victims Act passed by the National Council of the Slovak Republic. This Act represents the very first legislation dealing with the rights of crime victims in a comprehensive way. The primary aim of this section is to provide a varied insight into crime victims while focusing on the current related issues and challenges and thus spark an expert discussion.

Section head: Professor JUDr. Jozef Čentéš, PhD.
Section coordinator: JUDr. Denisa Hamranová


Financial Law Section 
Constitutional Basis of Financial Law

Annotation:

Financial law being a part of public law is characterised by a number of legal rules interfering in the private sphere of individuals. It is therefore always important to consider the constitutional implications of such interference. Papers presented in this section shall primarily focus on taxes, financial market and other areas of financial law (not only) in the context of rights and freedoms guaranteed by the Constitution on the one hand and in the context of obligations of state and state bodies on the other hand. We will specifically welcome papers dealing with the decision-making practice of the Slovak Constitutional Court or foreign constitutional courts concerning financial law issues.

Section heads: Associate Professor JUDr. Ľubomír Čunderlík, PhD., JUDr. Ing. Matej Kačaljak, PhD.
Section coordinators: Mgr. Maroš Katkovčin, Mgr. Peter Rakovský


Legal History Section 
Formation of Czechoslovakia in 1918 and Persons in Jurisprudence

Annotation:

Legal History Section deals with the 100th anniversary of the formation of Czechoslovakia eventually leading to a breakthrough in the teaching of law and jurisprudence in the territory of Slovakia which, up to that point, was an integral part of the Hungarian Kingdom. This change resulted in the arrival of Czech professors to newly established Comenius University in Bratislava where they started to teach and thus subsequently formed a new generation of Slovak lawyers whereby they vitally affected the development of law and legal education in Slovakia.

Section head: Associate Professor Mgr. Miroslav Lysý, PhD.
Section coordinator: Mgr. Katarína Bavlšíková 


Labour Law Section 
Constitutional Principles and Application of the Right to Work

Annotation:

The right to work enshrined in the Constitution of the Slovak Republic is one of the fundamental rights the application of which shall be guaranteed by the State – the State should ensure that social prerequisites for exercising individual freedom are created. Guaranteeing social rights is an ever changing process and their application is, to a great extent, affected by the current economic developments in a country. Social and economic rights, including the right to work, predominantly need their specific formulation in standard laws regulating the terms and conditions or other details of their application in order to be exercised. Social rights are not directly derived from the Constitution where these are enshrined. Given the fact that these rights cannot be enforced ex constitutione but solely ex lege, it is inevitable to supplement the provisions contained in the Constitution with more detailed provisions contained in the laws. The right to work is enshrined both in the Constitution and the fundamental principles of the Labour Code representing the basic piece of legislation in the given area. The aim of this section is to provide a discussion platform focusing on the current conditions under which one may enforce the said right in practice and, alternatively, to provide a critical analysis of the State's responsibilities in the creation of possibilities for its application.

Section head: JUDr. Juraj Hamuľák, PhD. 
Section coordinator: Mgr. Denisa Nevická


Civil Law and Commercial Law Section
Impact of the Case Law of the Constitutional Court on the Interpretation of Legal Rules in Private Law

Annotation:

The case law established by the Constitutional Court of the Slovak Republic has a significant impact on the interpretation of legal rules in private law. It is sometimes based upon the case law set by the European Court of Human Rights and, on other occasions, it is an original product created by the Constitutional Court itself. However, there has always been an effort to follow the basic legal principles, namely the principle of legal protection and the principle of legal certainty. It is not surprising that some decisions are generally accepted while others raise certain doubts. The aim of the section is to spark either supportive or polemical discussion on the already published decisions of constitutional courts (not solely the Constitutional Court of the Slovak Republic).

Section heads: Professor JUDr. Svetlana Ficová, CSc., Professor JUDr. Marek Števček, PhD.
Section coordinator: Mgr. Marek Ivančo


International Law Section 
Constitutional Framework for Entering into International Treaties

Annotation:

The given topic has been chosen for its practical implications. In practice, there has been a great problem in categorising international treaties under Article 7 of the Constitution of the Slovak Republic. This is where we believe the legal theory has an opportunity to either be constructive and guide us or provide a critical view on the given matter and propose any possible solutions. This topic could be of interest to both the Slovak legal theoreticians as well as legal practitioners. The term “entering” contained in the title of the topic of this section shall also include preceding negotiations.

Section head: Associate Professor JUDr. Peter Vršanský, CSc.
Section coordinator: Mgr. Ján Kováčik


Administrative Law Section 
Constitutional Principles in Decision-Making Practice of Administrative Bodies

Annotation:

Nowadays, the application practice of administrative bodies is, to a great extent, dependant on the employment of constitutional principles. The Constitutional Court of the Slovak Republic, administrative courts and, in particular, the Supreme Court of the Slovak Republic reiterate in their decisions that laws shall be construed in compliance with Article 152(4) of the Constitution of the Slovak Republic. This provision states that the construction and application of constitutional laws, laws and other generally binding legal regulations shall be in compliance with the Constitution. Once submitted for a court review, decisions rendered by administrative bodies are frequently reversed and returned for further proceedings. The aim of this section is to identify and analyse those legal principles which administrative bodies are bound to apply and consider in their decision-making practice. Papers presented in this section should focus on their identification within the Slovak constitutional law as well as statute law. A special emphasis will be put on the legality principle, administrative punishment and principles applied in the decision-making process of territorial self-government bodies.

Section head: Associate Professor JUDr. Mária Srebalová, PhD.
Section coordinator: Mgr. Ľudovít Máčaj


Environmental Law Section 
Legal Aspects of Combating Climate Change

Annotation:

Climate change is a global problem evidenced primarily in ever more intensive and frequent natural disasters as well as in international documents adopted in order to prevent such disasters. One of such documents which are currently relevant is the Paris Agreement. Common efforts to mitigate the impact of climate should also be premised on legal instruments, namely in the area of mitigation and adaptation to climate change.  Therefore, this section shall primarily deal with mitigation and adaptation measures in the area of climate change and evaluation of statutory regulation which could be an obstacle to applying these measures. At the same time, the area of climate change is related to the protection of a number of environmental compartments. It is therefore also possible to focus on the current aspects of the given statutory regulation.

Section head: Professor JUDr. Marián Vrabko, CSc.
Section coordinator: Mgr. Lucia Čerňanová


Legal Theory Section
Judicial Decision-Making: Guarantees of and Obstacles to Fair Trial

Annotation:

Judicial decision-making is the essence of actual concept of law in the view of all schools of legal realism – be it American, Scandinavian, Italian (Genovese), French, or the “new” legal realism. Legal realists namely claim that it is only through the judge's decision, in court proceedings, where the law actually becomes "complete" and finds its true expression. Similar opinions based on the philosophy of language consider statutory laws only as illocutionary speech acts, the material content and meaning of which is inserted by judges in the process of judicial application of law. In a similar vein, performative turn in legal scholarship compares statutory laws to a scenario, which is "revived" only in the actual performance of law and justice – in the implementation and application of law. Still, behavioural economic analysis of law draws attention to risks in decision-making, in the form of cognitive biases that subtly affect judicial decision-making and, thus, the exercise of justice. It is namely the judicial decision-making itself, which, on one hand, makes it possible to reach the ideals of fair trial, but, on the other hand, it can also (in case of errors, mistakes and failures), represent an obstacle to a fair trial. The conference session hosted by the Department of Theory of Law and Social Sciences of the Faculty of Law of Comenius University in Bratislava will therefore focus on the phenomenon of judicial decision-making in a broader picture – comprising both legal and extra-legal dimensions. Theoretical contributions, as well as contributions providing practical examples of judicial decision-making in relation to the fair trial principle are very welcome.

Section head: Professor JUDr. PhDr. Tomáš Gábriš, PhD., LL.M.
Section coordinator: JUDr. Tomáš Mészáros, PhD.


Constitutional Law Section
Constituent Power v. Review of Constitutionality

Annotation:

The topic of our section is multidimensional and actually relates to the everlasting conflict dealt with by the Constitution and constitutional law – the conflict between democracy in its many forms (direct, representative or participatory) and legal and political system of restricted power. Likewise, the title of this section implies a question concerning the nature of constituent power and possible and different conceptual understanding of this term – firstly, as the original constituent power originally vested in the people, and secondly, as the derivative constituent power exercisable by a public body authorised to amend the Constitution or by several different public bodies representing sovereign bodies within a particular state.  Naturally, this section will also deal with any issues concerning the intensity and character of constitutional changes and amendments to the Constitution. Furthermore, it will also deal with any restrictions on the exercise of constituent power which can be represented by internal public bodies (namely the constitutional court), legal rules (eternal clauses in the Constitutions) as well as supranational power which has interfered with the exercise of state power ever more frequently.

Section head: Professor JUDr. Ľubor Cibulka, CSc.
Section coordinators: Mgr. Roman Lysina, Mgr. Ondrej Ružička


IT Law and IP Law Section 
Constitution on the Internet and the Internet within the Constitution

Annotation:

The Internet being the cornerstone for building an information society and the Constitution being the cornerstone of the system of laws creating the basic rules and principles for a well-functioning society are currently fully interconnected entities. It is the Internet where a great proportion of social relationships is formed owing to the development of information technology. The Internet has thus become a place for the formation of legal relationships the legal basis of which can actually be found in the Constitution. The aim of our section titled “Constitution on the Internet and the Internet within the Constitution” is to provide the conference participants with a discussion platform for presenting any issues which may arise in the exercise of constitutional rights and obligations on the Internet and to provide them with an opportunity to search in the Constitution for any rights and interests protected by the laws which are exercised on the Internet. Given the general nature of the topic of this section, conference participants thus have an opportunity to present to their audience ideas and thoughts from all areas of social relationships or all areas (branches) of law which are interconnected with these two terms.

Section head: Professor JUDr. PhDr. Tomáš Gábriš, PhD., LL.M.
Section coordinator: Mgr. Matúš Mesarčík LLM.


Roman Law and Canon Law Section 
Dynamics and Stability in Formation and Application of Roman Law and Canon Law

Annotation:

  • analysis of the fundamental state of law throughout its development by observing, examining and analysing the relationship between partial aspects, such as: relationship between new approaches and timeless (permanent) values (relationship between stability and dynamics in general), relationship between natural and positive law (in all eras), relationship between civil and praetorian law in the ancient Rome, relationship between customary law and law based on statutes (mainly in the ancient and medieval times), relationship between local law and the so called ius commune (medieval times and modern history up to the 19th century), relationship between the concept of human and civil rights and concept of natural rights (mainly in the modern history and modern law), relationship between the requirements for just and effective law (in all areas),
  • reflection of the elements of stability or dynamics in the process of law-making,
  • clarification of examined phenomena in a way that the approach towards the making and application of law is not eliminated to the “incorporation” of current, historically unexamined and non-established ideas and concepts which often lead to the deterioration of traditional structures and free the law from its fundaments,
  • analysis of changes in legal thinking conditional on state ideologies and its manifestation in the dynamics or stability of law-making, including the area after the fall of Communist regime in 1989 (fundamental basis of statutory regulation, concept of law in the area of civil law, mainly the extent of the reception of Roman Law in the area of private law and the changes in the state and role of religious doctrines in a modern society).

Section heads: Associate Professor JUDr. Matúš Nemec, PhD., Associate Professor JCDr. PaedDr. Róbert Brtko, CSc., Associate Professor JUDr. Mgr. Vojtech Vladár, PhD.
Section coordinator: JUDr. Katarína Lenhartová, PhD.


European Union Law 
Respecting National Identity and Principle of Loyalty in EU Law – Borders – Conflict – Harmonisation

Annotation:

The EU motto “United in Diversity” implies that neither the European integration nor the attainment of common goals should eventually result in changing Europe into a homogenous entity. Respecting the national identity is just one of the ways how to make this motto come true. National identity may be evidenced in numerous areas – in constitutional principles, family law or even in the area of environmental protection. Integration processes and activities should thus respect the national identity of member states. However, its manifestation should not be an unreasonable obstacle to integration process and lead to the disintegration of the European Union. Is the respect for national identity limited in any way? How can a member state manifest its national identity? Can such national identity of a member state gradually change? How to ensure the compliance of member state's obligations under the EU law and the respect for national identity should there be any conflict? Which elements and manifestation are not regarded as member state's national identity under the EU law? The aforementioned are just a few of a large number of questions arising in connection with the dynamical relationship between the principle of respect for national identity and the principle of loyalty in the EU law which can be apparent in various branches of law.

Section head: JUDr. Ing. Ondrej Blažo, PhD.
Section coordinator: JUDr. Mária Patakyová, PhD.

(c) 2018 Univerzita Komenského v Bratislave, Právnická fakulta UK