Pub Date : 2022-12-30DOI: 10.46282/blr.2022.6.2.302
Enrico Lanza
The aim of this study is to understand if criminalising bullying is a solution to counter and prevent the phenomenon. The Italian legislative proposal of criminalisation offers hints to discuss about a general problem while underlining that the penal solution is not the answer to solve a complex social problem as bullying (and cyberbullying) is. The creation of a specific crime determines a simplification of the question because it concentrates the attention on the dyad bully-victim, without considering the essential role of the group. Taking into account the role of the group and the relationship between the bully and the group implies a systemic approach.
{"title":"Italian Legislative Proposal of Criminalising Bullying","authors":"Enrico Lanza","doi":"10.46282/blr.2022.6.2.302","DOIUrl":"https://doi.org/10.46282/blr.2022.6.2.302","url":null,"abstract":"The aim of this study is to understand if criminalising bullying is a solution to counter and prevent the phenomenon. The Italian legislative proposal of criminalisation offers hints to discuss about a general problem while underlining that the penal solution is not the answer to solve a complex social problem as bullying (and cyberbullying) is. The creation of a specific crime determines a simplification of the question because it concentrates the attention on the dyad bully-victim, without considering the essential role of the group. Taking into account the role of the group and the relationship between the bully and the group implies a systemic approach.","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":"46778451","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.2022.6.2.309
Tibor Tajti
The best way to judge the quality of a new company law is to test it against real-life problems. This article attempts to do that by placing the concept of control in the center of its observations, posing related questions, and offering food for thought for the drafters of company laws. The concept of control in the context of corporations with highly dispersed shareholders holding atomized stakes (‘quasi-public corporations’) was first dissected by Adolf A. Berle (lawyer) and Gardiner C. Means (economist) in their 1932 classic The Modern Corporation and Private Property. Their conceptualization and classification of control serves as the basis for the analysis herein, even though interest in control has lately been overshadowed by novel schools of thought based on agency theory and the like. With that in mind, the central thesis of this article is that control is the ultimate ‘invisible hand’ of company law because it is unparalleled in importance, omnipresent, and – due to its multifaceted nature – inherently difficult to grasp, especially insofar as its precise essence or its manifestation in real life circumstances is concerned. Secondly, using examples from recent cases from Central and Eastern Europe (‘CEE’), this article aims to show that the crucially important concept of control is still not fully understood. Unfortunately, but perhaps unsurprisingly, empirical evidence readily proves that simple formulas for “taming” control do not exist. Instead, eternal vigilance, as well as regular re-evaluation of governance and oversight solutions, is needed not just by the boards and corporate officers in charge of oversight, but also by shareholders if control of corporate officers is at stake. Thirdly, the article demonstrates that control plays a similarly important role for small and mid-sized businesses (‘SMEs’) countering a burning set of problems that SMEs are doomed to face at some point in their existence: the issues corollary to the inter-generational transfer of the control and ownership of successfully operating companies. This topic is tackled through the prism of the milestone case of Galler v. Galler from Illinois, United States (US), which gave the green light to a peculiar but flexible set of solutions to these governance-related issues. I argue that the Galler formula, or at least parts of it, could be adapted elsewhere to serve similar ends. As the case studies offered in this article will demonstrate, these are living problems, especially insofar as they concern jurisdictions which are still yet to settle on wholly-adequate solutions, such as the post-socialist states of Central and Eastern Europe, China, and other fledgling legal systems across the globe.
{"title":"Berle and Means’ Control and Contemporary Problems","authors":"Tibor Tajti","doi":"10.46282/blr.2022.6.2.309","DOIUrl":"https://doi.org/10.46282/blr.2022.6.2.309","url":null,"abstract":"The best way to judge the quality of a new company law is to test it against real-life problems. This article attempts to do that by placing the concept of control in the center of its observations, posing related questions, and offering food for thought for the drafters of company laws. The concept of control in the context of corporations with highly dispersed shareholders holding atomized stakes (‘quasi-public corporations’) was first dissected by Adolf A. Berle (lawyer) and Gardiner C. Means (economist) in their 1932 classic The Modern Corporation and Private Property. Their conceptualization and classification of control serves as the basis for the analysis herein, even though interest in control has lately been overshadowed by novel schools of thought based on agency theory and the like. With that in mind, the central thesis of this article is that control is the ultimate ‘invisible hand’ of company law because it is unparalleled in importance, omnipresent, and – due to its multifaceted nature – inherently difficult to grasp, especially insofar as its precise essence or its manifestation in real life circumstances is concerned. Secondly, using examples from recent cases from Central and Eastern Europe (‘CEE’), this article aims to show that the crucially important concept of control is still not fully understood. Unfortunately, but perhaps unsurprisingly, empirical evidence readily proves that simple formulas for “taming” control do not exist. Instead, eternal vigilance, as well as regular re-evaluation of governance and oversight solutions, is needed not just by the boards and corporate officers in charge of oversight, but also by shareholders if control of corporate officers is at stake. Thirdly, the article demonstrates that control plays a similarly important role for small and mid-sized businesses (‘SMEs’) countering a burning set of problems that SMEs are doomed to face at some point in their existence: the issues corollary to the inter-generational transfer of the control and ownership of successfully operating companies. This topic is tackled through the prism of the milestone case of Galler v. Galler from Illinois, United States (US), which gave the green light to a peculiar but flexible set of solutions to these governance-related issues. I argue that the Galler formula, or at least parts of it, could be adapted elsewhere to serve similar ends. As the case studies offered in this article will demonstrate, these are living problems, especially insofar as they concern jurisdictions which are still yet to settle on wholly-adequate solutions, such as the post-socialist states of Central and Eastern Europe, China, and other fledgling legal systems across the globe.","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":"42320908","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.2022.6.2.326
Matúš Radosa
On the 26th to 28th of October 2022, the Faculty of Law and Administration of the Adam Mickiewicz University in Poznań, organized an international scientific seminar entitled "Simplification and Electronisation of Administrative Proceedings" with the following round table discussion, which was organised under the auspices of Mgr. Beniamin Rozczyński from Adam Mickiewicz University, within the framework of the research project "Simplification and Electronisation of Administrative Proceedings" (2020/37/N/HS5/01045) on simplification of administrative proceedings in the Visegrad Group Countries. The project was funded by the National Science Centre in Poland. The seminar was held in person.
{"title":"Simplification and Electronisation of Administrative Proceedings","authors":"Matúš Radosa","doi":"10.46282/blr.2022.6.2.326","DOIUrl":"https://doi.org/10.46282/blr.2022.6.2.326","url":null,"abstract":"On the 26th to 28th of October 2022, the Faculty of Law and Administration of the Adam Mickiewicz University in Poznań, organized an international scientific seminar entitled \"Simplification and Electronisation of Administrative Proceedings\" with the following round table discussion, which was organised under the auspices of Mgr. Beniamin Rozczyński from Adam Mickiewicz University, within the framework of the research project \"Simplification and Electronisation of Administrative Proceedings\" (2020/37/N/HS5/01045) on simplification of administrative proceedings in the Visegrad Group Countries. The project was funded by the National Science Centre in Poland. The seminar was held in person.","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":"47597056","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.2022.6.2.307
L. Mareček
The author of the paper writes about the order of the International Court of Justice indicating provisional measures on a basis of Ukraine’s request. The request was to a larger degree granted. In the paper, the author points out that the fact that the order was issued does not resolve the issue of jurisdiction, which remains to be decided and could be crucial for Ukraine to maintain in its argumentation as the link between the case and the Genocide Convention (1948) seems to be rather weak. Secondly, the author thinks about the consequences of the “not to aggravate the situation” measure which was imposed also on Ukraine.
{"title":"ICJ: Ukraine v. Russian Federation","authors":"L. Mareček","doi":"10.46282/blr.2022.6.2.307","DOIUrl":"https://doi.org/10.46282/blr.2022.6.2.307","url":null,"abstract":"The author of the paper writes about the order of the International Court of Justice indicating provisional measures on a basis of Ukraine’s request. The request was to a larger degree granted. In the paper, the author points out that the fact that the order was issued does not resolve the issue of jurisdiction, which remains to be decided and could be crucial for Ukraine to maintain in its argumentation as the link between the case and the Genocide Convention (1948) seems to be rather weak. Secondly, the author thinks about the consequences of the “not to aggravate the situation” measure which was imposed also on Ukraine.","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":"44753842","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.2022.6.2.278
M. A. Pasculli
The paper focuses on the mechanisms, offences and practices connected to unchartered (underdeveloped) crimes in the information society. The virtual world represents a central part of modern (modem) life, especially during the COVID-19 pandemic. Omnipresent social media, media sharing platforms, chat sites, web forums, and blogs radically change the way current societies operate. These instruments attract more and more attention from public security planners. This type of research is a normative legal study. The approach used is the law approach and conceptual approach. The legal material consists of primary and secondary legal materials. Basically, the Criminal law system has to adapt to social media to emphasise the legality principle (structure of cases in point) and guarantee measures (prohibition of broadening liability) in the post-modern world. This topic shall look at the role and the problems of criminal law related to multiple profiles, analysing the criminological aspects proposed below.
{"title":"Dark Side of Social Media","authors":"M. A. Pasculli","doi":"10.46282/blr.2022.6.2.278","DOIUrl":"https://doi.org/10.46282/blr.2022.6.2.278","url":null,"abstract":"The paper focuses on the mechanisms, offences and practices connected to unchartered (underdeveloped) crimes in the information society. The virtual world represents a central part of modern (modem) life, especially during the COVID-19 pandemic. Omnipresent social media, media sharing platforms, chat sites, web forums, and blogs radically change the way current societies operate. These instruments attract more and more attention from public security planners. This type of research is a normative legal study. The approach used is the law approach and conceptual approach. The legal material consists of primary and secondary legal materials. Basically, the Criminal law system has to adapt to social media to emphasise the legality principle (structure of cases in point) and guarantee measures (prohibition of broadening liability) in the post-modern world. This topic shall look at the role and the problems of criminal law related to multiple profiles, analysing the criminological aspects proposed below.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":"197 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70477224","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 : 2022-06-30DOI: 10.46282/blr.2022.6.1.295
Daniella Takács, František Pažitný
On the 20th of April 2022, Comenius University in Bratislava, the Faculty of Law, Department of Constitutional Law and Constitutional committee of the National Council of Slovak Republic organized an international scientific conference named: ,,Ensuring the operation of the constitutional bodies of the Slovak Republic during crisis situations: current possibilities, limits and possible solutions“. It was organized in the National Council building. This event was supported by French Institute in Bratislava.
{"title":"Ensuring the Operation of the Constitutional Bodies of the Slovak Republic during Crisis Situations: Current Possibilities, Limits and Possible Solutions","authors":"Daniella Takács, František Pažitný","doi":"10.46282/blr.2022.6.1.295","DOIUrl":"https://doi.org/10.46282/blr.2022.6.1.295","url":null,"abstract":"On the 20th of April 2022, Comenius University in Bratislava, the Faculty of Law, Department of Constitutional Law and Constitutional committee of the National Council of Slovak Republic organized an international scientific conference named: ,,Ensuring the operation of the constitutional bodies of the Slovak Republic during crisis situations: current possibilities, limits and possible solutions“. It was organized in the National Council building. This event was supported by French Institute in Bratislava.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48122207","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 : 2022-06-30DOI: 10.46282/blr.2022.6.1.294
Igor Hron
Despite the still prevailing and uncertain pandemic restrictions at the verge of 2021, Comenius University in Bratislava, Faculty of Law, was able to host the second edition of the conference organised as part of the research project APVV-18-0199 “New Challenges in the field of Rights in Rem in Slovakia (“Nové výzvy v oblasti vecných práv na Slovensku”). The conference was held on 3 to 5 September 2021 at Chateau Belá for the second time, as well.
尽管在2021年即将到来之际，流行病限制仍然普遍存在且不确定，但布拉迪斯拉发的科美纽斯大学法学院能够主办作为研究项目APVV-18-0199 "斯洛伐克Rem权利领域的新挑战" (" nov výzvy v oblasti vecných práv na Slovensku ")的一部分组织的第二届会议。该会议于2021年9月3日至5日第二次在bel酒庄举行。
{"title":"Rights in Rem between Tradition, Reform and Transformation","authors":"Igor Hron","doi":"10.46282/blr.2022.6.1.294","DOIUrl":"https://doi.org/10.46282/blr.2022.6.1.294","url":null,"abstract":"Despite the still prevailing and uncertain pandemic restrictions at the verge of 2021, Comenius University in Bratislava, Faculty of Law, was able to host the second edition of the conference organised as part of the research project APVV-18-0199 “New Challenges in the field of Rights in Rem in Slovakia (“Nové výzvy v oblasti vecných práv na Slovensku”). The conference was held on 3 to 5 September 2021 at Chateau Belá for the second time, as well. ","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47984322","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 : 2022-06-30DOI: 10.46282/blr.2022.6.1.297
Sára Kiššová
In 2021, the Faculty of Law of Comenius University celebrated its 100th anniversary. It was October 24, 1921, when the historically first semester opened in the building of the Faculty of Law, then located on Kapitulská Street. The celebrations of the 100th anniversary should take place a year ago, but measures in connection with Covid- 19 made it impossible for us. However, it is never too late to celebrate such a beautiful anniversary of the Faculty of Law. Therefore the coming September 2022 will be a month full of celebrations, which will be outlined in the following lines.
{"title":"Upcoming Celebrations of the 100th anniversary of the Faculty of Law of the Comenius University","authors":"Sára Kiššová","doi":"10.46282/blr.2022.6.1.297","DOIUrl":"https://doi.org/10.46282/blr.2022.6.1.297","url":null,"abstract":"\u0000\u0000\u0000In 2021, the Faculty of Law of Comenius University celebrated its 100th anniversary. It was October 24, 1921, when the historically first semester opened in the building of the Faculty of Law, then located on Kapitulská Street. The celebrations of the 100th anniversary should take place a year ago, but measures in connection with Covid- 19 made it impossible for us. However, it is never too late to celebrate such a beautiful anniversary of the Faculty of Law. Therefore the coming September 2022 will be a month full of celebrations, which will be outlined in the following lines.\u0000\u0000\u0000","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47178753","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 : 2022-06-30DOI: 10.46282/blr.2022.6.1.246
Manfred Dauster
Courts shape the rule of law. Their history is part of the culture of a country. The way judicial institutions are treated characterises a country's attitude towards the status they accord to courts and judges. In its almost 400-year history, Bavaria's Supreme Court has experienced all facets - from being held in high esteem to being abolished twice. Its history is a lesson that points to the future in the development of European legal culture.
{"title":"Bavaria's Supreme Court","authors":"Manfred Dauster","doi":"10.46282/blr.2022.6.1.246","DOIUrl":"https://doi.org/10.46282/blr.2022.6.1.246","url":null,"abstract":"Courts shape the rule of law. Their history is part of the culture of a country. The way judicial institutions are treated characterises a country's attitude towards the status they accord to courts and judges. In its almost 400-year history, Bavaria's Supreme Court has experienced all facets - from being held in high esteem to being abolished twice. Its history is a lesson that points to the future in the development of European legal culture.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45369679","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 : 2022-06-30DOI: 10.46282/blr.2022.6.1.280
Valeria De Santis
The contestations arising from the introduction in various European countries of mandatory vaccination against Covid-19 for certain categories of workers are expressions of a profound malaise, not new and common to Western societies. Misinformation about vaccines is not a new phenomenon, but has been heightened due to the rise of social media, clearly evident during the Covid-19 emergency. These conflicts have a significant social impact and can hinder the struggle against the spread of the virus. This work analyses the origins and legal implications of this growing social mistrust in science, which jeopardises the stability of the constitutional order, founded on the principles of trust and solidarity.
{"title":"Vaccine Hesitancy","authors":"Valeria De Santis","doi":"10.46282/blr.2022.6.1.280","DOIUrl":"https://doi.org/10.46282/blr.2022.6.1.280","url":null,"abstract":"The contestations arising from the introduction in various European countries of mandatory vaccination against Covid-19 for certain categories of workers are expressions of a profound malaise, not new and common to Western societies. Misinformation about vaccines is not a new phenomenon, but has been heightened due to the rise of social media, clearly evident during the Covid-19 emergency. These conflicts have a significant social impact and can hinder the struggle against the spread of the virus. This work analyses the origins and legal implications of this growing social mistrust in science, which jeopardises the stability of the constitutional order, founded on the principles of trust and solidarity.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46178113","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：