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Greener Competition Law via New Guidelines on Horizontal Agreements (?) 通过新的《横向协议指南》完善竞争法(?)
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.755
M. Patakyová
The protection of environment is mentioned already in the preamble of the Treaty on European Union, in the Maastricht Treaty version. The omnipresent climate change reminds us of the importance of this protection. Is it possible to take into account the protection of environment also during the application of competition law? If so, to what extent is this desirable? In order to answer these questions, the article focuses on horizontal agreements, namely the new Guidelines on Horizontal Agreements. After presenting the view on green horizontal agreements on the EU level, the article focuses on application of competition law in the Slovak Republic. The main finding of the article is that, first, the protection of environment may be taken into account when applying competition law. This is very desirable from the perspective of protection of environment. However, the devil is in the detail and it may prove to be a particularly difficult job for a competition authority such as the Antimonopoly Office of the Slovak Republic to enforce Article 101 TFEU with respect to a green agreement. At the same time, it is a tricky job for undertakings to stay in line with Article 101 TFEU when they conclude a horizontal green agreement.
马斯特里赫特条约》版本的《欧洲联盟条约》序言中已经提到了环境保护。无处不在的气候变化提醒我们保护环境的重要性。在实施竞争法的过程中,是否也可以考虑保护环境?如果可以,这在多大程度上是可取的?为了回答这些问题,本文将重点讨论横向协议,即新的《横向协议指南》。在介绍了欧盟层面对绿色横向协议的看法后,文章重点讨论了竞争法在斯洛伐克共和国的应用。文章的主要结论是:首先,在适用竞争法时可以考虑保护环境。从保护环境的角度来看,这是非常可取的。然而,细节决定成败,对于斯洛伐克共和国反垄断局这样的竞争管理机构来说,执行《欧盟运作条约》第 101 条有关绿色协议的规定可能是一项特别困难的工作。与此同时,企业在签订横向绿色协议时如何遵守《欧盟运作条约》第 101 条也是一项棘手的工作。
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引用次数: 0
ECtHR: Erik Adamčo v. Slovakia (Application no. 19990/20, 1 June 2023) 欧洲人权法院:Erik Adamčo诉斯洛伐克(第19990/20号申请,2023年6月1日)
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.760
Stanislav Mihálik, Lukáš Turay
The main task of the presented commentary is primarily the analysis of the decision of the European Court of Human Rights (ECtHR) in the case of Erik Adamčo v. Slovakia (Application no. 19990/20) dated June 1, 2023. This analysis specifically considers the implications for legal practice in the conditions of the Slovak Republic. The legal framework focuses on cooperating individuals and their testimonies during criminal proceedings, particularly considering the necessity of perceiving the proportionality of using such evidence in relation to guarantees securing the overall fairness of the proceedings. Examining this question is particularly significant in cases involving statements of individuals who admitted to committing criminal activities in the initial stages of criminal proceedings and subsequently agreed to cooperate with the prosecution in order to obtain certain benefits. The inherent issue in this regard is not merely the use of this type of evidence but rather the manner in which it is utilised, emphasising the perception of the benefits associated with its provision.
本评论的主要任务是分析欧洲人权法院(ECtHR)于 2023 年 6 月 1 日对 Erik Adamčo 诉斯洛伐克一案(第 19990/20 号诉状)所作的裁决。本分析特别考虑了该案对斯洛伐克共和国法律实践的影响。法律框架的重点是在刑事诉讼期间提供合作的个人及其证词,特别是考虑到有必要认识到使用此类证据与确保诉讼程序整体公正性的保证之间的相称性。在涉及个人陈述的案件中,审查这一问题尤为重要,这些个人在刑事诉讼初始阶段承认实施了犯罪活动,随后同意与检方合作以获得某些利益。这方面的固有问题不仅仅是这类证据的使用问题,而是利用这类证据的方式问题,强调的是对提供这类证据所带来的好处的看法。
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引用次数: 0
Overview of the Church’s Property Law in the Czech Lands during the Middle Ages 中世纪捷克教会财产法概述
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.460
Pavel Krafl
Aim of the study is to provide an overview of the issue of Church property law in Bohemia and Moravia during the Middle Ages. Specifically, we consider the territory of the Prague and Olomouc dioceses. The main founder of churches and ecclesiastical institutions in the early Middle Ages was the duke, while from the 12th century magnates also became involved in founding these institutions. In the early period of founders, the property donated to the Church was treated in the spirit of respecting the rights of the proprietary churches. The law of patronage, which was progressively implemented during the 13th century and first half of the 14th century, brought change. In order to exclude the assets of ecclesiastical institutions, including the serfs who lived there, from the general legal system, immunities were important. Bishoprics and individual monasteries received immunity documents from the mid-12th century, and to a greater extent from the early 13th century.
本研究旨在概述中世纪波希米亚和摩拉维亚的教会财产法问题。具体而言,我们考虑的是布拉格和奥洛穆茨教区的领土。中世纪早期,教堂和教会机构的主要创建者是公爵,而从 12 世纪开始,巨头也开始参与创建这些机构。在创始人早期,捐赠给教会的财产是本着尊重专有教会权利的精神处理的。13 世纪和 14 世纪上半叶逐步实施的赞助法带来了变化。为了将教会机构的资产(包括居住在那里的农奴)排除在一般法律制度之外,豁免权非常重要。从 12 世纪中叶开始,主教区和个别修道院就获得了豁免权文件,从 13 世纪初开始,豁免权在更大程度上得到加强。
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引用次数: 0
CJEU: WM and Sovim SA v. Luxembourg Business Registers (Joined Cases C-37/20 and C-601/20) 欧盟法院:WM 和 Sovim SA 诉卢森堡商业登记处(合并案件 C-37/20 和 C-601/20)
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.725
Daniel Zigo
Rules against money laundering and terrorist financing are an area of law in which the European Union is significantly active and introduces many innovations. Public registers of beneficial ownership were one of the crucial tools with which this legislation promoted the openness of corporate structures in the European environment. For this reason, the judgment of the European Court of Justice in the Joined Cases C-37/20 and C-601/20, WM and Sovim SA v. Luxembourg Business Registers, which cancelled public access to beneficial ownership registers, caused an immense response. Part of the public sees this step as a major blow to the transparency and part as a victory for the rights of individuals. This paper explains the factual situation in the given case, summarises the Advocate General's opinion and analyses the reasons that led the Court to the presented conclusions. The author also reflects on the jurisprudence of the Court, which led to the issuance of this decision and its importance in the field of AML and the protection of the right to privacy in general. Based on these facts, the conclusion presents the possible development of future beneficial ownership registers in the EU.
反洗钱和打击资助恐怖主义行为的规则是欧洲联盟非常活跃并引入许多创新的法律领域。实益拥有权公共登记册是这一立法在欧洲环境中促进公司结构开放的重要工具之一。因此,欧洲法院在联合案件 C-37/20 和 C-601/20(WM 和 Sovim SA 诉卢森堡商业登记处)中的判决取消了公众查阅实益所有权登记册的权利,引起了巨大反响。部分公众认为这一举措是对透明度的重大打击,部分则认为是个人权利的胜利。本文解释了该案的事实情况,概述了检察长的意见,并分析了导致法院得出上述结论的原因。作者还对导致法院做出该裁决的判例及其在反洗钱领域和一般隐私权保护方面的重要性进行了反思。在这些事实的基础上,结论提出了欧盟未来实际所有权登记册的可能发展。
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引用次数: 0
Quo Vadis the Status of Transgender People in Slovakia? 斯洛伐克变性人的现状如何?
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.794
Ľubomír Batka, Olexij Meteňkanyč
On 29th September 2023, the Comenius University Bratislava hosted a scientific conference entitled "Quo Vadis the Status of Transgender People in Slovakia?" It was organized by the research team of the project VEGA 1/0350/21, which focuses on the ethical and legal aspects related to the informed consent of transgender minors. The project team is based at the Faculty of Law of Comenius University in Bratislava. The primary aim of the conference was to start a substantial discussion about the ethical, medical, and legal principles for care for transgender and non-binary adolescents in the Slovak Republic. For this purpose, experts from the fields of psychiatry, psychology, endocrinology, law, philosophy, and ethics were invited. An integral part of the conference was the lecture and attendance of transgender people and non-binary people in a discussion panel. The principle of self-determination was confirmed to be fundamental for the further development of legal framework and medical services in Slovakia.
2023 年 9 月 29 日,布拉迪斯拉发夸美纽斯大学举办了题为 "变性人在斯洛伐克的地位如何?会议由 VEGA 1/0350/21 项目的研究小组组织,该项目侧重于与变性未成年人知情同意相关的伦理和法律问题。该项目团队位于布拉迪斯拉发的夸美纽斯大学法学院。会议的主要目的是就斯洛伐克共和国变性和非二元性青少年护理的伦理、医疗和法律原则展开实质性讨论。为此,会议邀请了来自精神病学、心理学、内分泌学、法律、哲学和伦理学领域的专家。会议的一个组成部分是变性人和非二元人的演讲和参加讨论小组。会议确认,自决原则对于斯洛伐克法律框架和医疗服务的进一步发展至关重要。
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引用次数: 0
Procedural Approach to the Public Interest in Migration Control when Applying Article 8 of the ECHR 在适用《欧洲人权公约》第 8 条时对移民控制中的公共利益采取程序性方法
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.744
Jennie Edlund, V. Stehlík
This research explores the European Court of Human Rights’ (ECtHR or the Court) application of Article 8 of the European Convention of Human Rights (ECHR) when engaging the public interest in migration control. The study research explains the current case law of the Court and examines when the public interest in migration control can be applied as a legitimate aim. The research is questioning whether the public interest in controlling migration can be used as a legitimate aim when an interference of the right to family life has been established and whether the public interest in migration control should be seen as a static factor. The research claims that the Court’s unclear way of distinguishing between positive and negative obligations and its lack of assessing the public interests when balancing the personal interests against the public interests in controlling migration makes the case law inconsistent and unclear. In order to make the case law more consistent the research suggests that the Court should use a procedural approach like in cases where the State’s interest in public safety is engaged.
本研究探讨了欧洲人权法院(ECtHR 或法院)在移民控制中涉及公共利益时对《欧洲人权公约》(ECHR)第 8 条的适用情况。本研究解释了法院的现行判例法,并探讨了何时可将移民控制中的公共利益作为合法目的。研究质疑的是,在家庭生活权受到干涉的情况下,是否可以将控制移民的公共利益作为合法目的,以及是否应将移民控制中的公共利益视为一个静态因素。研究称,法院对积极义务和消极义务的区分方式不明确,在平衡个人利益与控制移民的公共利益时缺乏对公共利益的评估,这使得判例法不一致且不清晰。为了使判例法更加一致,研究建议法院在涉及国家公共安全利益的案件中采用程序性方法。
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引用次数: 0
Metropolises - the Contemporary Challenge to Local Governments 大都市--当代地方政府面临的挑战
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.505
M. Augustyniak
Metropolisation is a process that includes the consequences of global phenomena transferred to the level of metropolitan areas, being the result of various legal and social processes, which is best illustrated by the example of French and Polish institutional solutions. France has been chosen to perform the analysis on due to the uniqueness of its legal regulations in the field of the issues covered in the study (e.g., the institution of metropolitan poles [le pôle métropolitain]). The possibility of creating a metropolis in its current form has existed in France since 2010, but the legislative bodies are still introducing changes to strengthen the legal position of this institution. The French legal order continues to reinforce the role and importance of the metropolis as a unit of inter-municipal cooperation that can take over the department and region’s essential competences to manage the metropolitan area more effectively. In a sense, France is becoming a model of organisation and functioning for contemporary metropolises in Poland, which are beginning to emerge as a certain remedy to the effectiveness issue of performing supra-regional tasks. This article provides an analysis of the law as it stands for legal regulations concerning the organisation and functioning of metropolises both in France and Poland in a comparative and legal context, with the aim of making postulates regarding the choice of a right formula for performing tasks in contemporary local governments.
大都市化是一个过程,包括全球现象转移到大都市地区的后果,是各种法律和社会进程的结果,法国和波兰的制度解决方案最能说明这一点。之所以选择法国作为分析对象,是因为法国在本研究涉及的问题领域具有独特的法律规定(例如,大都市极点机构[le pôle métropolitain])。自 2010 年起,法国就有可能以目前的形式创建大都市,但立法机构仍在不断进行修改,以加强该机构的法律地位。法国的法律秩序继续加强大都市作为市际合作单位的作用和重要性,大都市可以接管省和大区的基本职能,从而更有效地管理大都市地区。从某种意义上说,法国正在成为波兰当代大都市组织和运作的典范,而波兰的大都市正开始成为解决执行超区域任务有效性问题的某种补救措施。本文在比较和法律的背景下,对法国和波兰有关大都市组织和运作的法律规定进行了分析,旨在为当代地方政府选择正确的任务执行方式提供假设。
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引用次数: 0
Possibilities and Approaches of European Court of Human Rights and Court of Justice of the European Union in Fundamental Rights Protection in the Context of Environmental Litigation 欧洲人权法院和欧盟法院在环境诉讼中保护基本权利的可能性和方法
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.391
Tímea Lazorčáková
Two judicial bodies, but both without right to protect the environment established. This is also how the coexistence of the two important judicial bodies located in the European area could be briefly characterized. The European Court of Human Rights and the Court of Justice of the European Union were created for different purposes, but their jurisprudence in the area of environmental protection and the protection of people's lives and health from the negative consequences of climate change overlap more than it might seem at first sight. We find certain similarities in terms of ensuring a certain degree of protection of fundamental rights in the context of the environment. The European Court of Human Rights has a priority in terms of the protection of fundamental rights in Europe, but in the field of the environment it faces several problems. Especially when we are talking about the protection of rights for future generations, where there is no direct victim or direct violation of fundamental rights, only a very high risk of their violation. On the other hand, the Court of Justice of the European Union has a much greater assumption of effectiveness, which has the potential to change the legislation of the member states and thereby indirectly ensure the protection of people's lives and health. Recently, the activity of the European Commission has been increasing in the interest of achieving climate neutrality, and this also means greater pressure on the states in the interest of the complete and correct transposition of European regulations in the field of the environment. In case of deficiencies, the European Commission can intervene by filing a lawsuit according to Article 258 of the TFEU, and achieve the required remedy. Although, such a procedure is not primarily aimed at the protection of fundamental rights, the positive impact on their protection cannot be neglected.
两个司法机构,但都无权保护环境。这也是位于欧洲地区的两个重要司法机构共存的简要特点。欧洲人权法院和欧盟法院成立的目的不同,但它们在环境保护和保护人们的生命和健康免受气候变化负面影响方面的判例却比乍看起来有更多的重叠。在确保环境方面的基本权利得到一定程度的保护方面,我们发现了某些相似之处。欧洲人权法院在保护欧洲基本权利方面具有优先地位,但在环境领域却面临着一些问题。特别是当我们讨论保护后代人的权利时,在这种情况下,基本权利没有直接的受害者,也没有受到直接的侵犯,只有很高的被侵犯的风险。另一方面,欧盟法院的效力假设要大得多,它有可能改变成员国的立法,从而间接确保对人民生命和健康的保护。最近,欧盟委员会为实现气候中和而开展的活动越来越多,这也意味着为了完整、正确地移植欧洲在环境领域的法规,欧盟委员会对各成员国施加了更大的压力。在出现缺陷的情况下,欧盟委员会可以根据《欧盟运作条约》第 258 条提起诉讼进行干预,并采取必要的补救措施。虽然这种程序的主要目的不是保护基本权利,但其对基本权利保护的积极影响不容忽视。
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引用次数: 0
Marshall, Tim: Prisoners of Geography: Ten Maps That Tell You Everything You Need to Know About Global Politics 马歇尔、蒂姆:《地理囚徒》:十张地图告诉你关于全球政治的所有知识
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.768
Klára Jelínková
Tim Marshall's Prisoners of Geography, published in 2015, is an in-depth examination of the influence that geographic features exert on the geopolitical strategies, international law, historical trajectories, and socioeconomic events of nations. Marshall is an experienced foreign correspondent, drawing on his extensive experience and knowledge of world history and geopolitics.
蒂姆-马歇尔(Tim Marshall)的《地理囚徒》(Prisoners of Geography)于2015年出版,该书深入探讨了地理特征对各国地缘政治战略、国际法、历史轨迹和社会经济事件的影响。马歇尔是一名经验丰富的驻外记者,他在世界历史和地缘政治方面有着丰富的经验和知识。
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引用次数: 0
Efficiency of Pre-Trial Proceedings – Current Challenges of Criminal Law 审前程序的效率 - 当前刑法面临的挑战
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.795
Jozef Čentéš, Maximilián Kiko
On September 11th and 12th, 2023 was held under the auspices of the Alumni Club and Faculty of Law of the Comenius University in Bratislava the international scientific conference “Bratislava Legal Forum 2023“ (hereinafter as “conference”). The central theme of the plenary session was “Human at the center of the rule of law". One of the main goals of the conference was to connect the knowledge of legal practice and legal science through their representatives from the domestic and international environment. In order to reach this goal was the conference divided into plenary session and parallel discussions in thematically focused sections. The plenary session had two panel discussions. One of them was panel discussion called “Artificial intelligence as a challenge for law, legal education and the rule of law” and second one was panel discussion called “Criminal law and the rule of law” moderated by professor Tomáš Strémy (academic professor and attorney at law). Participants of this panel discussion were doc. JUDr. Eduard Burda, PhD. (Dean, Faculty of Law, Comenius University in Bratislava), JUDr. Petr Angyalossy, PhD. (President, Supreme Court of the Czech Republic), JUDr. Martin Puchalla, PhD. (Chairman, Slovak Bar Association), JUDr. Jozef Kandera (first deputy general prosecutor of the Slovak Republic, General Prosecutor's Office of the Slovak Republic).
2023 年 9 月 11 日和 12 日,在布拉迪斯拉发夸美纽斯大学校友俱乐部和法学院的主持下,召开了 "2023 年布拉迪斯拉发法律论坛 "国际科学会议(以下简称 "会议")。全体会议的中心主题是 "以人为本的法治"。会议的主要目标之一是通过来自国内和国际环境的代表将法律实践和法律科学知识联系起来。为了实现这一目标,会议分为全体会议和按主题划分的平行讨论。全体会议有两场小组讨论。其一是名为 "人工智能对法律、法律教育和法治的挑战 "的小组讨论,其二是名为 "刑法与法治 "的小组讨论,由 Tomáš Strémy 教授(学术教授兼律师)主持。参加小组讨论的有:Doc.JUDr.(布拉迪斯拉发夸美纽斯大学法学院院长)、JUDr.(捷克共和国最高法院院长)、JUDr. Martin Puchalla, PhD.(Jozef Kandera(斯洛伐克共和国第一副总检察长,斯洛伐克共和国总检察长办公室)。
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引用次数: 0
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Bratislava Law Review
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