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Law Students Providing Legal Support in an International Hate Speech Project (Part 2) 法学院学生在国际仇恨言论项目中提供法律支持(第二部分)
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.771
Sandra Žatková
The previous report from 2022 presented a newly started international anti-hate speech project with the participation of students from the Faculty of Law of the Comenius University in Bratislava. Despite the EU-funded project started in April 2022, in December of the same year, we were already able to present tangible results. At the end of 2023, the project can be described as fully established and set to reach its ambitious goals thanks to the synergy among students, volunteers and the client Forum for Human Rights (“FORUM”). This report is a follow-up to the first one and presents new interesting developments and challenges. It focuses on the role of students, aspiring young professionals, in protecting the human rights of Roma people.
2022 年的上一份报告介绍了一个新启动的国际反仇恨言论项目,布拉迪斯拉发夸美纽斯大学法学院的学生参与了该项目。尽管欧盟资助的项目于 2022 年 4 月启动,但同年 12 月,我们已经能够展示实际成果。在学生、志愿者和人权客户论坛("FORUM")之间的协同作用下,到 2023 年底,该项目可以说已经完全建立起来,并将实现其宏伟目标。本报告是第一份报告的后续报告,介绍了新的有趣进展和挑战。报告重点关注学生、有抱负的年轻专业人士在保护罗姆人人权方面的作用。
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引用次数: 0
ECtHR: Żurek v. Poland (Application No. 39650/18, 16 June 2022) 欧洲人权法院:Żurek诉波兰(第39650/18号申请,2022年6月16日)
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.716
Mateusz Wojtanowski
The article is devoted to the analysis of the judge's freedom of expression in a constitutional crisis, using the ECtHR case of Żurek v. Poland as an illustration. The argument begins with a discussion of the facts of the case and the judgment. At this point, I argue that the category of discriminatory legalism is relevant to the facts of the case. Further, two interrelated problems are addressed, which are considered to be particularly relevant for the expression of the judge in the course of the constitutional crisis. These are: 1) the relevance of Article 10 in relation to speaking in one's professional (here: judicial) capacity, and 2) an attempt to determine whether the judge's opposition to a constitutional crisis is an exercise of his or her freedom or a duty. On both issues, I also present the position of Judge Wojtyczek, who challenged the majority views in his separate opinion (partly dissenting, partly concurring). I believe that the disagreement between Wojtyczek and the majority goes to fundamental philosophical-legal issues and can be described as a friction between the analytical and post-analytical approaches to law.
文章以欧洲人权法院的Żurek 诉波兰案为例,专门分析了法官在宪法危机中的言论自由问题。论证从讨论案件事实和判决开始。在这一点上,我认为歧视性法律主义的范畴与案件事实相关。此外,还讨论了两个相互关联的问题,认为这两个问题与法官在宪法危机过程中的表达特别相关。这两个问题是1) 第 10 条与以个人专业身份(此处为司法身份)发表言论的相关性,以及 2) 试图确定法官反对宪法危机是行使其自由还是履行其义务。在这两个问题上,我还介绍了沃伊切克法官的立场,他在其单独意见(部分反对,部分赞同)中对多数意见提出了质疑。我认为,Wojtyczek 与多数意见之间的分歧涉及基本的哲学-法律问题,可以说是对法律的分析方法与后分析方法之间的摩擦。
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引用次数: 0
Framework for Effective Smart Contracting 有效智能合约框架
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.511
Ioana Vasiu, Lucian Vasiu
Smart contracts are event-driven computer programs used to automatically execute all or parts of the agreements between two or more entities, pursuant to their specifications. The self-executing and self-enforcing attributes of smart contracts present numerous potential benefits, such as cost efficiency, accuracy, and reliability, as well as the potential to support several sustainable development goals. Smart contracts can be very efficient in many sectors, with important automation, procurement, financial, and other supply chain management features. For this study, a systematic literature review was performed, with a view to assessing, synthesizing, and critique the current state of legal and security aspects of smart contracts. The analysis of publications and reports gathered allowed the identification and mapping of the most relevant aspects and revealed numerous issues and vulnerabilities associated with the use of this technology. This paper provides the following contributions: the study and organization of a large corpus of relevant publications; the review of smart contract definitions, from several perspectives; an outline of smart contract characteristics; a framework for effective smart contracting, addressing legal and security issues and proposing several improvements.
智能合约是由事件驱动的计算机程序,用于自动执行两个或多个实体之间的全部或部分协议。智能合约的自我执行和自我强制属性带来了许多潜在的好处,如成本效益、准确性和可靠性,以及支持若干可持续发展目标的潜力。智能合约在许多领域都非常高效,具有重要的自动化、采购、金融和其他供应链管理功能。在本研究中,我们进行了系统的文献综述,以期对智能合约的法律和安全方面的现状进行评估、综合和评论。通过对收集到的出版物和报告进行分析,可以确定和绘制最相关的方面,并揭示与使用该技术相关的众多问题和漏洞。本文的贡献如下:研究和整理了大量相关出版物;从多个角度审查了智能合约的定义;概述了智能合约的特点;提出了一个有效的智能合约框架,解决了法律和安全问题,并提出了若干改进建议。
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引用次数: 0
Administrative Law without Borders 行政法无国界
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.758
J. Handrlica
An international conference, entitled “Administrative Law without Borders” was organised by the Faculty of Law, University of Košice in the municipality Veľká Třňa, which is situated in the very heart of the Slovak area of the Tokaj wine region. The conference was organised under the research project “Extraterritorial effects of foreign administrative decisions in the European Union”, which has been supported by the Scientific Agency VEGA. The Košice-based research team, under the leadership of Associate Professor Radomír Jakab, has been dealing with various problems arising from mutual recognition of foreign administrative decisions for several years, and the conference, as organised on 19th and 20th October 2023 in the Tokaj Wine Region, represents one of the major academic meetings organised under the umbrella of this academic endeavour.
科希策大学法学院在位于斯洛伐克托卡伊葡萄酒产区中心的 Veľká Třňa 市举办了题为 "行政法无国界 "的国际会议。此次会议是在 "欧盟外国行政决定的域外影响 "研究项目下举办的,该项目得到了科学机构 VEGA 的支持。在拉多米尔-雅卡布副教授的领导下,科希策研究小组多年来一直在研究外国行政决定相互承认所产生的各种问题,2023 年 10 月 19 日和 20 日在托卡伊葡萄酒产区组织的这次会议是在这一学术努力框架下组织的主要学术会议之一。
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引用次数: 0
Real Property Tax in Slovakia – Scoping Review 斯洛伐克的不动产税 - 范围界定审查
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.393
Anna Vartašová, Cecília Olexová, Radka Štefanová
Real property tax is a common type of tax applicable often as a local tax and a source of local revenues, which is also the case in the Slovak Republic. This topic is gaining importance in general due to the decreasing revenues of local budgets and the increasing financial requirements of municipalities to ensure services for the citizens. Even though there is a wide range of available scientific literature on the topic, it has not yet been systematically summarized to identify the thematic spectrums of interest to the scientific community and there are areas not yet covered by the research. This review aims to identify the state of knowledge (scientific literature) on the issue of real property tax in the Slovak Republic and the research gap. For this reason, the authors have included the broadest possible range of available scientific literature on the topic of Slovak real property tax searched through the most relevant international databases (Web of Science and Scopus) and a complex national database comprising the works of Slovak academia (CREPČ), even in its broader context of local taxation and local government. The results were acquired by use of the method of a scoping review. Our findings show an increasing trend in the number of publications and authors on the topic in the course of time and their comparable focus on the legal and economic aspects. We identified a high preference for general assessment and certain topics in particular (e.g. tax revenues, tax rates) together with a lower interest in very specific problems and more interdisciplinary issues, where we see the potential for further research.
不动产税是一种常见的税种,通常作为地方税和地方收入来源而适用,斯洛伐克共和国也是如此。由于地方预算收入不断减少,以及市政当局为确保为市民提供服务而不断增加的财政需求,这一话题的重要性日益凸显。尽管有关该主题的现有科学文献种类繁多,但尚未对其进行系统总结,以确定科学界感兴趣的主题范围,而且有些领域的研究尚未涉及。本综述旨在确定斯洛伐克共和国关于不动产税问题的知识状况(科学文献)以及研究缺口。为此,作者通过最相关的国际数据库(Web of Science 和 Scopus)以及一个包含斯洛伐克学术界作品的复杂国家数据库(CREPČ),尽可能广泛地收录了有关斯洛伐克不动产税这一主题的现有科学文献,甚至在地方税收和地方政府这一更广泛的背景下也不例外。研究结果是通过范围审查的方法获得的。我们的研究结果表明,随着时间的推移,有关该主题的出版物和作者的数量呈上升趋势,而且这些出版物和作者都比较关注法律和经济方面。我们发现,对一般性评估和某些特定主题(如税收收入、税率)的偏好较高,而对非常具体的问题和跨学科问题的兴趣较低,而我们认为这些问题具有进一步研究的潜力。
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引用次数: 0
Consultation Conference on Land Consolidation 土地整理咨询会议
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.769
Ľudovít Máčaj
On the 31th May 2023, Comenius University in Bratislava, Faculty of Law organized an international scientific conference entitled "Consultation conference on land consolidation”. The conference was organized at the faculty with the participation of several Slovak as well as foreign guests. The conference represented the outcome of the research team concerning the project No. APVV-19-0494 „Effective land consolidation“, granted by Slovak Research and Development Agency (APVV).
2023 年 5 月 31 日,布拉迪斯拉发夸美纽斯大学法学院举办了题为 "土地整理咨询会议 "的国际科学会议。多位斯洛伐克和外国嘉宾参加了此次会议。会议代表了斯洛伐克研究与发展机构(APVV)批准的 APVV-19-0494 号项目 "有效的土地整理 "研究小组的成果。
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引用次数: 0
Human Rights Litigation in Africa Under Attack 非洲人权诉讼受到攻击
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.337
Ayyoub Jamali, M. Faix
Human rights values, to which international organisations adhere, serve not only as the working premise for achieving their goals but also constitute an inherent part of their legal framework and judicial decisions. Established by States that claim to share a fundamental set of values from the outset and are committed to reflecting these values throughout their activities, the African Union is no exception. The organisation articulated its fundamental principles and values in its founding Treaties, which include, among others, ‘respect for democratic principles, human rights, the rule of law, and good governance.’ Over time, various preventive, monitoring, and enforcement mechanisms have been developed to realise these human rights objectives in the continent. This progress includes the establishment of the African Commission in 1987 and the creation of the African Court in 1998, as well as the expansion of human rights jurisdiction of sub-regional courts over time. This article delves into the resistance faced by the judicial mechanisms used to enforce human rights in Africa. As demonstrated, in all cases under discussion, a State subject to an adverse ruling of the court responded by questioning its legitimacy and authority, advocating for institutional reforms to weaken the fledgling human rights system on the continent. The article highlights the similarities and differences between all cases, illustrating that the impact of political reaction in the case of the continental African Court and the SADC Tribunal has been much more severe than the ECOWAS and the EACJ court. It is argued that the institutional design of the courts, the scale of the community, relative State power, the subject matter of the judgment, the requirement to obtain consensus to revise the founding treaty of the courts, and the engagement of civil societies played crucial roles in determining the type and outcome of backlash in the cases under discussion.
国际组织坚持的人权价值观不仅是实现其目标的工作前提,也是其法律框架和司 法决定的固有组成部分。非洲联盟也不例外,它是由一些国家建立的,这些国家从一开始就声称拥有一套基本的价值观,并致力于在其活动中体现这些价值观。该组织在其创始条约中阐明了其基本原则和价值观,其中包括 "尊重民主原则、人权、法治和善治"。随着时间的推移,为在非洲大陆实现这些人权目标,建立了各种预防、监督和执行机制。这些进展包括 1987 年成立非洲委员会和 1998 年成立非洲法院,以及随着时间的推移扩大次区域法院的人权管辖权。本文深入探讨了非洲用于落实人权的司法机制所面临的阻力。正如所展示的那样,在所讨论的所有案件中,受到法院不利裁决的国家的回应都是质疑其合法性和权威性,主张进行机构改革,以削弱非洲大陆刚刚起步的人权体系。文章强调了所有案例之间的异同,说明政治反应在非洲大陆法院和南部非洲发展共同体法庭案例中的影响要比西非经共体和东非法院严重得多。本文认为,法院的制度设计、社区规模、相对国家权力、判决主题、修改法院成立条约需要达成共识的要求以及民间社会的参与在决定所讨论案例中反弹的类型和结果方面发挥了至关重要的作用。
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引用次数: 0
Peculiarities of Labour Rights Protection in the Case Law of the European Court of Human Rights 欧洲人权法院判例法中劳动权利保护的特殊性
Q4 LAW Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.347
Oleg M. Yaroshenko, Hanna V. Anisimova, R. Y. Prokopiev, Ivan P. Zhygalkin, O. A. Yakovlyev
The practice of defence of labour disputes is quite dynamic. That is why the analysis of labour rights protection in the European Court of Human Rights (ECtHR) is quite relevant. The purpose of the study is to analyse the current case law of the European Court of Human Rights on the protection of labour rights; to analyse the ECtHR's interpretation of the concept of forced labour and the right to form trade unions; to summarise the problematic issues of the ECtHR's case law in the field of labour rights protection and ways to resolve them. The methodological basis of the study is general and special methods and techniques of cognition. The article substantiates that one cannot complain directly to the ECtHR about deprivation of the opportunity to work, denial of access to the workplace, or refusal to hire. The European Convention explicitly states only 2 rights: the right to form and join trade unions and the prohibition of forced and compulsory labour. The author explains the concepts of forced labour and the right to form trade unions and outlines the problematic issues of the European Court of Human Rights case law in the field of labour rights protection and ways to resolve them.
劳资纠纷的辩护实践是非常动态的。这就是为什么对欧洲人权法院(ECtHR)的劳动权利保护进行分析具有相当重要的意义。本研究的目的是分析欧洲人权法院关于劳动权利保护的现行判例法;分析欧洲人权法院对强迫劳动概念和组织工会权利的解释;总结欧洲人权法院判例法在劳动权利保护领域存在的问题以及解决这些问题的方法。研究的方法论基础是一般和特殊的认知方法和技术。文章证实,人们不能直接向欧洲人权法院投诉被剥夺工作机会、被拒绝进入工作场所或被拒绝雇用。欧洲公约》只明确规定了两项权利:组织和加入工会的权利以及禁止强迫和强制劳动。作者解释了强迫劳动和组织工会权利的概念,并概述了欧洲人权法院在劳动权利保护领域的判例法中存在的问题以及解决这些问题的方法。
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引用次数: 0
Legal Measures in Ukraine to Restrain the Spread of the Coronavirus Disease 乌克兰遏制冠状病毒传播的法律措施
Q4 LAW Pub Date : 2023-06-30 DOI: 10.46282/blr.2023.7.1.349
V. Zarosylo, Halyna Karelova, Oleksandr Kaplya, Lyudmyla Denisova, I. Muravyova
The article is devoted to the analysis of administrative and other measures in Ukraine aimed at reducing the number of coronavirus disease. Considerable attention is paid to administrative proceedings in the context of the spread of coronavirus disease. The state of the legislation that exists today in Ukraine is analysed. It is noted that most of the regulations are quite positive and in compliance with their requirements, it was possible to stop the spread of coronavirus disease. However, despite the fact that the number of infected people has decreased significantly compared to previous years, the risk that the coronavirus will gain momentum remains high. The reasons for this phenomenon in most cases are, firstly, non-compliance with the requirements of quarantine, wearing masks and other measures, and secondly, the small number of people who are vaccinated and thus spread the coronavirus. This problem is global, it is probably necessary to develop appropriate regulations at the United Nations level and implement the requirements of such regulations in the legislation of all countries.
本文专门分析了乌克兰旨在减少冠状病毒疾病数量的行政和其他措施。在冠状病毒传播的背景下,行政诉讼受到了相当大的关注。分析了乌克兰目前存在的立法状况。值得注意的是,大多数规定都是非常积极的,如果遵守这些规定,就有可能阻止冠状病毒病的传播。然而,尽管与前几年相比,感染人数大幅减少,但冠状病毒蔓延的风险仍然很高。大多数情况下,造成这种现象的原因,一是不遵守隔离要求,戴口罩等措施,二是接种疫苗的人数少,从而传播了冠状病毒。这个问题是全球性的,可能有必要在联合国一级制定适当的条例,并在所有国家的立法中执行这些条例的要求。
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引用次数: 0
Limitations of Human and Civil Rights in the Era of the COVID-19 Pandemic and the Activity of the State and Law COVID-19大流行时代的人权和公民权利的局限性以及国家和法律的活动
Q4 LAW Pub Date : 2023-06-30 DOI: 10.46282/blr.2023.7.1.339
Joanna Marszałek-Kawa, K. Holovko
Restrictions in the sphere of civil rights and freedoms introduced by governments led to the numerous demonstrations of citizens in the whole world. During street protests, they expressed their disapproval of the radical measures taken by authorities. The main research problem of this paper relates to the impact of repression on the course of social protest using the example of Estonia. The findings of the study will serve as the basis for formulating more general conclusions concerning protests in the pandemic era. We will describe repressive and non-repressive protest policing from the spring of 2020 to the autumn of 2021. Having in mind the above, we formulated two principal research aims. The first of them refers to the identification of the main reasons behind the organisations of protests in Estonia and what steps the demonstrators took. The other, equally important research aim is to establish what factors influenced the course of demonstrations. In particular, the response of the police to civil disorder will be analysed. The thesis posed in this paper assumes that the high level of political culture, resulting in trust in the institution of the state, contributes to the de-escalation of protests and influences the non-repressive behaviour of the police towards demonstrators. The method used in this study is the qualitative source analysis text analysis. It draws on the technique of content analysis of the specific media coverage of the activities of the police and protest participants during the indicated period. The study rests on the reports that appeared on the most important websites and Internet portals reporting on the course of the protests.
各国政府对公民权利和自由的限制导致了全世界公民的无数示威游行。在街头抗议中,他们表达了对当局采取的激进措施的不满。本文的主要研究问题涉及镇压对社会抗议过程的影响,以爱沙尼亚为例。这项研究的结果将作为就大流行时期的抗议活动作出更一般性结论的基础。我们将描述从2020年春季到2021年秋季的镇压性和非镇压性抗议警务。考虑到上述情况,我们制定了两个主要的研究目标。第一个问题涉及查明爱沙尼亚抗议组织背后的主要原因以及示威者采取了哪些步骤。另一个同样重要的研究目标是确定影响演示过程的因素。特别是,将分析警方对内乱的反应。本文提出的论点假设,高水平的政治文化,导致对国家机构的信任,有助于减少抗议活动的升级,并影响警察对示威者的非镇压行为。本研究使用的方法是定性来源分析文本分析。它利用了对所述期间警察和抗议参与者活动的具体媒体报道进行内容分析的技术。这项研究的依据是出现在最重要的网站和互联网门户网站上的有关抗议活动进程的报道。
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引用次数: 0
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Bratislava Law Review
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