Pub Date : 2023-06-30DOI: 10.46282/blr.2023.7.1.392
Sára Majer
JUDr. Dominik Šoltys's, PhD monograph on the topic of feminism, a resonant theme in recent decades, is, as the title alludes to, more than a handbook of legal feminism. The author critiques the foundations of contemporary patriarchal society from the perspective of social, political, and economic gender inequality, arguing in favours of the power of legal feminism as a determined pursuit and popularization of women's rights in a world constantly dominated by the malaise of gender inequality.
{"title":"Šoltys, Dominik: The H(andb)ook of Legal Feminism: The Concept, Nature, Features, Development and Forms of Legal Feminism","authors":"Sára Majer","doi":"10.46282/blr.2023.7.1.392","DOIUrl":"https://doi.org/10.46282/blr.2023.7.1.392","url":null,"abstract":"JUDr. Dominik Šoltys's, PhD monograph on the topic of feminism, a resonant theme in recent decades, is, as the title alludes to, more than a handbook of legal feminism. The author critiques the foundations of contemporary patriarchal society from the perspective of social, political, and economic gender inequality, arguing in favours of the power of legal feminism as a determined pursuit and popularization of women's rights in a world constantly dominated by the malaise of gender inequality.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45277248","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-23DOI: 10.46282/blr.2022.6.1.285
Andra Mažrimaitė, Vilius Lapis, Ūla Rimkevičiūtė
The article analyzes legal mechanisms of compensation for damages caused by side effects of COVID-19 vaccines in Lithuania. In particular, draft amendments to the Law on the Rights of Patients and Compensation of the Damage to their Health registered by the Parliament of the Republic of Lithuania in 2021 are evaluated and arguments for the need for further improvement are provided herein. In order to comprehensively assess the nature of the side effects that may be a substantiated cause for damages, pharmaceutical analysis and evaluation of COVID-19 vaccines eligible in Lithuania are analyzed. Analysis of the legal framework and proposals are construed mainly in light of the assessment of global examples. Following throughout evaluation of the question at hand, it is the opinion of the authors of the article that the product liability mechanism is not appropriate in the context of the vaccination program applied in Lithuania and instead „a no-fault compensation model“ shall be adopted that would be funded by a separate (non) State institute/fund in Lithuania.
{"title":"The distinctive nature of covid-19 vaccines: compensation for potential damages under the legal framework of Lithuanian state in the context of global examples","authors":"Andra Mažrimaitė, Vilius Lapis, Ūla Rimkevičiūtė","doi":"10.46282/blr.2022.6.1.285","DOIUrl":"https://doi.org/10.46282/blr.2022.6.1.285","url":null,"abstract":"The article analyzes legal mechanisms of compensation for damages caused by side effects of COVID-19 vaccines in Lithuania. In particular, draft amendments to the Law on the Rights of Patients and Compensation of the Damage to their Health registered by the Parliament of the Republic of Lithuania in 2021 are evaluated and arguments for the need for further improvement are provided herein. In order to comprehensively assess the nature of the side effects that may be a substantiated cause for damages, pharmaceutical analysis and evaluation of COVID-19 vaccines eligible in Lithuania are analyzed. Analysis of the legal framework and proposals are construed mainly in light of the assessment of global examples. Following throughout evaluation of the question at hand, it is the opinion of the authors of the article that the product liability mechanism is not appropriate in the context of the vaccination program applied in Lithuania and instead „a no-fault compensation model“ shall be adopted that would be funded by a separate (non) State institute/fund in Lithuania.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70477284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.46282/blr.2022.6.2.283
Carlos Manuel Rosales, Oscar Ruiz Vargas
The act of discrimination is a decision that affects the rights of third parties. Undoubtedly, its exercise and materialisation are disastrous. However, would it be possible to discriminate against a person without facing legal consequences? This work opens a space to explain that there are situations in which discrimination is carried out and validated, in which it is justified its usefulness to preserve a titled property considered as a fundamental right or safeguarding public order as a fundamental structure of the teleology of the state.
{"title":"Justified Discrimination in a Liberal Society","authors":"Carlos Manuel Rosales, Oscar Ruiz Vargas","doi":"10.46282/blr.2022.6.2.283","DOIUrl":"https://doi.org/10.46282/blr.2022.6.2.283","url":null,"abstract":"The act of discrimination is a decision that affects the rights of third parties. Undoubtedly, its exercise and materialisation are disastrous. However, would it be possible to discriminate against a person without facing legal consequences? This work opens a space to explain that there are situations in which discrimination is carried out and validated, in which it is justified its usefulness to preserve a titled property considered as a fundamental right or safeguarding public order as a fundamental structure of the teleology of the state.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43179625","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.46282/blr.2022.6.2.319
Patrícia Krásná, Stanislav Mihálik
On September 12 and 13, 2022, the international scientific conference "Bratislava Legal Forum 2022" was held under the auspices of the Alumni Club of the Comenius University in Bratislava, Faculty of Law. The central theme of the plenary session was "The rule of law and the academy in the storms of 100 years". This year's conference was significant because it was also part of the celebration of the 100th anniversary of the founding of Comenius University in Bratislava, Faculty of Law. Discussion in Section no. 13 Criminal law, Criminology and Criminalistics, in Slovak, Czech and English, was conducted as part of a project supported by the Research and Development Support Agency APVV no. 19-0102 ”The efficiency of pre-trial proceedings – research, evaluation, criteria and influence of legislative changes ”. The given section was aptly titled: "The efficiency of the pre-trial proceedings – current state and challenges for the future".
{"title":"Efficiency of Pre-Trial Proceedings – Current State and Pro Futuro Challenges; Bratislava Legal Forum 2022","authors":"Patrícia Krásná, Stanislav Mihálik","doi":"10.46282/blr.2022.6.2.319","DOIUrl":"https://doi.org/10.46282/blr.2022.6.2.319","url":null,"abstract":"On September 12 and 13, 2022, the international scientific conference \"Bratislava Legal Forum 2022\" was held under the auspices of the Alumni Club of the Comenius University in Bratislava, Faculty of Law. The central theme of the plenary session was \"The rule of law and the academy in the storms of 100 years\". This year's conference was significant because it was also part of the celebration of the 100th anniversary of the founding of Comenius University in Bratislava, Faculty of Law. Discussion in Section no. 13 Criminal law, Criminology and Criminalistics, in Slovak, Czech and English, was conducted as part of a project supported by the Research and Development Support Agency APVV no. 19-0102 ”The efficiency of pre-trial proceedings – research, evaluation, criteria and influence of legislative changes ”. The given section was aptly titled: \"The efficiency of the pre-trial proceedings – current state and challenges for the future\". ","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48047991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.46282/blr.2022.6.2.324
Sandra Žatková
During the past years, the Faculty of Law of the Comenius University in Bratislava has been running “legal clinics” which are courses that provide students with an opportunity to develop their legal skills and prepare them for their future careers as lawyers. One of them is focused specifically on the non-profit sector, thus merging practical education with non-profit agenda where the resources are scarce.
{"title":"Law Students Providing Legal Support in an International Hate Speech Project","authors":"Sandra Žatková","doi":"10.46282/blr.2022.6.2.324","DOIUrl":"https://doi.org/10.46282/blr.2022.6.2.324","url":null,"abstract":"During the past years, the Faculty of Law of the Comenius University in Bratislava has been running “legal clinics” which are courses that provide students with an opportunity to develop their legal skills and prepare them for their future careers as lawyers. One of them is focused specifically on the non-profit sector, thus merging practical education with non-profit agenda where the resources are scarce.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47919822","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.46282/blr.2022.6.2.322
M. Patakyová, Barbora Grambličková
International scientific conference Bratislava Legal Forum took place from 12-13 September 2022 at the Faculty of Law of the Comenius University in Bratislava with the main theme on "Rule of Law and Academia in the Turbulences of 100 years". This year's conference was more significant because it was part of the celebrations of the 100th anniversary of the founding of the Faculty of Law of Comenius University in Bratislava. The conference had sixteen sections focusing on different topics connected to the main theme. Section of the Commercial law and Economic law was dedicated to the topic: “Recodification of company law - sources of inspiration and expected solutions to the challenges of the third millennium”. Twenty-one international and national speakers participated in this section with various challenging presentations. Section was moderated by Professor Mária Patakyová and Associated professor Jana Duračinská, as the section was supported by the project VEGA 1/0349/22 “Restructuring as a preventive measure for solving the threat of bankruptcy”.
{"title":"Report from the Commercial law and Economic Law Section on the International Scientific Conference Bratislava Legal Forum 2022","authors":"M. Patakyová, Barbora Grambličková","doi":"10.46282/blr.2022.6.2.322","DOIUrl":"https://doi.org/10.46282/blr.2022.6.2.322","url":null,"abstract":"International scientific conference Bratislava Legal Forum took place from 12-13 September 2022 at the Faculty of Law of the Comenius University in Bratislava with the main theme on \"Rule of Law and Academia in the Turbulences of 100 years\". This year's conference was more significant because it was part of the celebrations of the 100th anniversary of the founding of the Faculty of Law of Comenius University in Bratislava. The conference had sixteen sections focusing on different topics connected to the main theme. Section of the Commercial law and Economic law was dedicated to the topic: “Recodification of company law - sources of inspiration and expected solutions to the challenges of the third millennium”. Twenty-one international and national speakers participated in this section with various challenging presentations. Section was moderated by Professor Mária Patakyová and Associated professor Jana Duračinská, as the section was supported by the project VEGA 1/0349/22 “Restructuring as a preventive measure for solving the threat of bankruptcy”.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44573657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.46282/blr.2022.6.2.321
Andrej Beleš
The purpose of this commentary is primarily to analyse the judgment of the ECtHR in case of Chocholáč v. Slovakia on 7 July 2022 and the related ruling of the Constitutional Court of the Slovak Republic of 2017. In these decisions, the courts dealt with the general prohibition on the possession of pornographic materials in the serving of a prison sentence. What is interesting about these decisions are the fundamental substantive differences in terms of the assessment of the legitimacy and proportionality of that prohibition in relation to the right to privacy and the right to information of persons in the serving of a prison sentence. The practical implementation of the ECtHR decision must be seen in the context of the problems of the Slovak prison system.
{"title":"ECtHR: Chocholáč v. Slovakia","authors":"Andrej Beleš","doi":"10.46282/blr.2022.6.2.321","DOIUrl":"https://doi.org/10.46282/blr.2022.6.2.321","url":null,"abstract":"The purpose of this commentary is primarily to analyse the judgment of the ECtHR in case of Chocholáč v. Slovakia on 7 July 2022 and the related ruling of the Constitutional Court of the Slovak Republic of 2017. In these decisions, the courts dealt with the general prohibition on the possession of pornographic materials in the serving of a prison sentence. What is interesting about these decisions are the fundamental substantive differences in terms of the assessment of the legitimacy and proportionality of that prohibition in relation to the right to privacy and the right to information of persons in the serving of a prison sentence. The practical implementation of the ECtHR decision must be seen in the context of the problems of the Slovak prison system.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45201035","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.46282/blr.2022.6.2.290
Grzegorz Nancka
An entirely new approach to the teaching of Roman law was long-awaited in post-war Poland. There were not many studies for learning the subject, and in the case of the available ones, their weaknesses were highlighted. A breakthrough in the area of the Roman law academic textbook came with the publication of “Roman Law” by Kazimierz Kolańczyk. It is considered one of the best Roman law textbooks, if not the best, in the 20th century in Poland. The work was significantly different from the other hitherto available textbooks, primarily because the author developed his own concept for that type of study. As it turned out, the work by K. Kolańczyk opened a completely new phase in the Polish didactics of Roman law. It is therefore useful to take a closer look at its assumptions and K. Kolańczyk’s approach to the teaching of Roman law, and also to evaluate the permanence of the changes in teaching caused by that study.
{"title":"Kazimierz Kolańczyk (1915-1982) and a New Approach to the Teaching of Roman Law in Post-war Poland","authors":"Grzegorz Nancka","doi":"10.46282/blr.2022.6.2.290","DOIUrl":"https://doi.org/10.46282/blr.2022.6.2.290","url":null,"abstract":"An entirely new approach to the teaching of Roman law was long-awaited in post-war Poland. There were not many studies for learning the subject, and in the case of the available ones, their weaknesses were highlighted. A breakthrough in the area of the Roman law academic textbook came with the publication of “Roman Law” by Kazimierz Kolańczyk. It is considered one of the best Roman law textbooks, if not the best, in the 20th century in Poland. The work was significantly different from the other hitherto available textbooks, primarily because the author developed his own concept for that type of study. As it turned out, the work by K. Kolańczyk opened a completely new phase in the Polish didactics of Roman law. It is therefore useful to take a closer look at its assumptions and K. Kolańczyk’s approach to the teaching of Roman law, and also to evaluate the permanence of the changes in teaching caused by that study.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41421674","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.46282/blr.2022.6.2.276
Marco Boldini
This paper analyses the dynamics and evolutionary strategies that are occurring in regulated markets in light of the impacts of new technological innovations in the financial sector and how different jurisdictions are seeking the right balance between fostering innovation and competition and ensuring customers protection. The main focus of the paper is to present regulatory sandboxes as one of the novel ways of regulating financial services, especially fintech. The article is characterized by a comparative approach based on my professional experience as a lawyer in UK and Italy, as well as my experience as an academic in the financial markets sector.
{"title":"New Strategic Approach Towards Financial Regulation","authors":"Marco Boldini","doi":"10.46282/blr.2022.6.2.276","DOIUrl":"https://doi.org/10.46282/blr.2022.6.2.276","url":null,"abstract":"This paper analyses the dynamics and evolutionary strategies that are occurring in regulated markets in light of the impacts of new technological innovations in the financial sector and how different jurisdictions are seeking the right balance between fostering innovation and competition and ensuring customers protection. The main focus of the paper is to present regulatory sandboxes as one of the novel ways of regulating financial services, especially fintech. The article is characterized by a comparative approach based on my professional experience as a lawyer in UK and Italy, as well as my experience as an academic in the financial markets sector.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45407294","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.46282/blr.2022.6.2.304
Nikola Dacev
A pandemic, defined as an epidemic spread over larger regions, is of course not unknown in the world. There are several pandemics in history that have left a great impact on humanity. However, so far there has not been a pandemic of such proportions and consequences as the Covid-19 pandemic.. It literally paralysed life and led to unprecedented health, economic and political consequences on a global scale. As has been the case in every area, Covid-19 has also had a serious impact on legal systems. Many countries were not ready with appropriate legislation to deal with the pandemic in terms of implementing appropriate measures to help their citizens. Because of that, a large number of trade agreements were not realised or their realisation was made difficult. What was a serious problem in trade agreements that could not be realised and what is the subject of primary analysis in this paper is the concept of force majeure (vis major), its regulation and the question of whether the pandemic can be considered as a force majeure event. Uncertainty in the interpretation of outdated provisions or lack of appropriate provisions regulating force majeure in pandemic conditions has led to many citizens not being able to exercise their rights derived from contracts and thereby creating dysfunctionality in legal systems. In this paper, it is essential to review the force majeure clause, its concept, development and representation in different legal systems, by making a brief comparison between French law and English law and determining key regulations on an international level. At the same time, the main focus of research will be on the regulations in North Macedonia and the manner of regulating this concept of force majeure. It is also equally important to find the answer to the question of the role of legal systems, whether law as such will continue to exist in the same form and with the same content or whether we already are in the phase of creating the so-called pandemic law, i.e., whether the pandemic initiates a rearrangement of the concept of force majeure in trade agreements in North Macedonia, as well as everywhere in the world.
{"title":"Concept of Force Majeure in Commercial Contracts and its Interpretation during Pandemic in North Macedonia","authors":"Nikola Dacev","doi":"10.46282/blr.2022.6.2.304","DOIUrl":"https://doi.org/10.46282/blr.2022.6.2.304","url":null,"abstract":"A pandemic, defined as an epidemic spread over larger regions, is of course not unknown in the world. There are several pandemics in history that have left a great impact on humanity. However, so far there has not been a pandemic of such proportions and consequences as the Covid-19 pandemic.. It literally paralysed life and led to unprecedented health, economic and political consequences on a global scale. As has been the case in every area, Covid-19 has also had a serious impact on legal systems. Many countries were not ready with appropriate legislation to deal with the pandemic in terms of implementing appropriate measures to help their citizens. Because of that, a large number of trade agreements were not realised or their realisation was made difficult. What was a serious problem in trade agreements that could not be realised and what is the subject of primary analysis in this paper is the concept of force majeure (vis major), its regulation and the question of whether the pandemic can be considered as a force majeure event. Uncertainty in the interpretation of outdated provisions or lack of appropriate provisions regulating force majeure in pandemic conditions has led to many citizens not being able to exercise their rights derived from contracts and thereby creating dysfunctionality in legal systems. In this paper, it is essential to review the force majeure clause, its concept, development and representation in different legal systems, by making a brief comparison between French law and English law and determining key regulations on an international level. At the same time, the main focus of research will be on the regulations in North Macedonia and the manner of regulating this concept of force majeure. It is also equally important to find the answer to the question of the role of legal systems, whether law as such will continue to exist in the same form and with the same content or whether we already are in the phase of creating the so-called pandemic law, i.e., whether the pandemic initiates a rearrangement of the concept of force majeure in trade agreements in North Macedonia, as well as everywhere in the world.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70477305","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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