Pub Date : 2022-06-30DOI: 10.46282/blr.2022.6.1.300
L’ubomír Batka, Olexij Meteňkanyč
The Comenius University Bratislava, Faculty of Law host an international conference in September 2022 related to the situation of Trans-Gender People in Slovakia entitled: „Interdisciplinary Aspects of the Status of Transgender People in Society“. This conference is a part of the research project of the Scientific Grant Agency of Ministry of Education Nr. 1/0350/21: „Trans-Identity of minors. Ethical and Legal Aspects related to Informed Consent.“
{"title":"Interdisciplinary Aspects of the Status of Transgender People in Society","authors":"L’ubomír Batka, Olexij Meteňkanyč","doi":"10.46282/blr.2022.6.1.300","DOIUrl":"https://doi.org/10.46282/blr.2022.6.1.300","url":null,"abstract":"The Comenius University Bratislava, Faculty of Law host an international conference in September 2022 related to the situation of Trans-Gender People in Slovakia entitled: „Interdisciplinary Aspects of the Status of Transgender People in Society“. This conference is a part of the research project of the Scientific Grant Agency of Ministry of Education Nr. 1/0350/21: „Trans-Identity of minors. Ethical and Legal Aspects related to Informed Consent.“","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":"45440133","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.2022.6.1.291
Sandra Sakolciová, Igor Hron, Adam Máčaj
{"title":"Comenius University Bratislava Represented at the Helga Pedersen Moot Court Competition 2021-2022 (Strasbourg, France)","authors":"Sandra Sakolciová, Igor Hron, Adam Máčaj","doi":"10.46282/blr.2022.6.1.291","DOIUrl":"https://doi.org/10.46282/blr.2022.6.1.291","url":null,"abstract":"","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":"47669583","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.2022.6.1.284
P. Obiri-Korang
The human rights argument for the abolishment of the death penalty has been firmly established in modern times in both practical terms and in the academic circles. Today, most countries have abolished the death penalty for various reasons, all of which are based on human rights. This paper is a contribution to the numerous studies calling for the abolition of the death penalty in various countries. Aside from discussing relevant international instruments (and other national instruments and judicial decisions) relevant to abolishing the death penalty, it focuses on issues concerning the death penalty in Ghana. The primary aim of this paper is to make a recommendation to both the executive and legislative arms of the Ghana government to abolish the death penalty.
{"title":"Reconsidering the Abolition of Capital Punishment in Ghana","authors":"P. Obiri-Korang","doi":"10.46282/blr.2022.6.1.284","DOIUrl":"https://doi.org/10.46282/blr.2022.6.1.284","url":null,"abstract":"The human rights argument for the abolishment of the death penalty has been firmly established in modern times in both practical terms and in the academic circles. Today, most countries have abolished the death penalty for various reasons, all of which are based on human rights. This paper is a contribution to the numerous studies calling for the abolition of the death penalty in various countries. Aside from discussing relevant international instruments (and other national instruments and judicial decisions) relevant to abolishing the death penalty, it focuses on issues concerning the death penalty in Ghana. The primary aim of this paper is to make a recommendation to both the executive and legislative arms of the Ghana government to abolish the death penalty.","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":"42473261","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.2022.6.1.293
M. Suska
{"title":"Kasinec, Rudolf - Šurkala, Ján: Legal Aspects of Censorship in Czecho-Slovak Film in the Era of Normalization","authors":"M. Suska","doi":"10.46282/blr.2022.6.1.293","DOIUrl":"https://doi.org/10.46282/blr.2022.6.1.293","url":null,"abstract":"","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":"48866436","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.2022.6.1.299
Andrea Szakács, Michaela Durec Kahounová
Comenius University Bratislava, Faculty of Law organizes on 12 and 13 September 2022 (Monday and Tuesday) under the auspices of the Alumni Club of Comenius University in Bratislava, Faculty of Law the eighth year of the international academic conference “Bratislava Legal Forum 2022”.
{"title":"Bratislava Legal Forum 2022","authors":"Andrea Szakács, Michaela Durec Kahounová","doi":"10.46282/blr.2022.6.1.299","DOIUrl":"https://doi.org/10.46282/blr.2022.6.1.299","url":null,"abstract":"Comenius University Bratislava, Faculty of Law organizes on 12 and 13 September 2022 (Monday and Tuesday) under the auspices of the Alumni Club of Comenius University in Bratislava, Faculty of Law the eighth year of the international academic conference “Bratislava Legal Forum 2022”.","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":"44756516","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.2022.6.1.287
I. Allegranti
In 2016-2017, an earthquake hit central Italy, in particular the Marche region. In 2011, Japan was devastated by the Fukushima nuclear disaster and in 2005 Hurricane Katrina struck the southwest coast of the United States. This work, starting from the analysis of public housing reconstruction process in Italy, will afterwards analyse the legislation adopted by the Japanese and the American governments in the same field. The aim of the work will be, on the one hand, to highlight the best practices adopted by the three governments in public housing buildings reconstruction process and, on the other hand, to understand which policies, used in Japan and in the U.S.A., can be “imported” in the Marche region, as far as public housing reconstruction process is concerned.
{"title":"Public Housing in Lands Affected by Natural Hazards","authors":"I. Allegranti","doi":"10.46282/blr.2022.6.1.287","DOIUrl":"https://doi.org/10.46282/blr.2022.6.1.287","url":null,"abstract":"In 2016-2017, an earthquake hit central Italy, in particular the Marche region. In 2011, Japan was devastated by the Fukushima nuclear disaster and in 2005 Hurricane Katrina struck the southwest coast of the United States. This work, starting from the analysis of public housing reconstruction process in Italy, will afterwards analyse the legislation adopted by the Japanese and the American governments in the same field. The aim of the work will be, on the one hand, to highlight the best practices adopted by the three governments in public housing buildings reconstruction process and, on the other hand, to understand which policies, used in Japan and in the U.S.A., can be “imported” in the Marche region, as far as public housing reconstruction process is concerned.","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":"45905603","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.2022.6.1.282
Lucie Josková, P. Tomášek
There are two leading duties that react to the agency problem in the corporate regulation – duty of loyalty and duty of care. The purpose of this paper is to answer the question whether, under what circumstances and on what grounds, it would be permissible to modify the two general duties either on the basis of an exception presumed by the law, or upon an agreement between a company and its director. With this purpose in mind, the authors analyse the respective legal regulation in three countries, namely Germany, Great Britain and the Czech Republic. While the modification of obligatory loyalty has been understood by the analysed legal systems within certain boundaries, they deal with the decreasing of the standard of care in a more positive way, whether through a direct modification of the standard of care or indirect modification through determining the role of an elective body member.
{"title":"Modification of the Duty of Loyalty and the Duty of Care and the Consequences of Their Breach by Members of Elective Bodies of Stock Companies","authors":"Lucie Josková, P. Tomášek","doi":"10.46282/blr.2022.6.1.282","DOIUrl":"https://doi.org/10.46282/blr.2022.6.1.282","url":null,"abstract":"There are two leading duties that react to the agency problem in the corporate regulation – duty of loyalty and duty of care. The purpose of this paper is to answer the question whether, under what circumstances and on what grounds, it would be permissible to modify the two general duties either on the basis of an exception presumed by the law, or upon an agreement between a company and its director. With this purpose in mind, the authors analyse the respective legal regulation in three countries, namely Germany, Great Britain and the Czech Republic. While the modification of obligatory loyalty has been understood by the analysed legal systems within certain boundaries, they deal with the decreasing of the standard of care in a more positive way, whether through a direct modification of the standard of care or indirect modification through determining the role of an elective body member.","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":"47465486","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.2022.6.1.288
Nikolas Sabján
The purpose of this short commentary is to present a critical legal analysis of the recent Czech Constitutional Court’s judgment on trans rights. The paper puts forward an external legal perspective characteristic for critical jurisprudence and it aims to show the presence of antagonistic interests and the extra-legal (ideological) factors that permeates and influences the judicial decision-making. It outlines some of the theoretical assumptions of critical jurisprudence which are, subsequently, applied to the Court’s judgment. More specifically, it follows the theoretical project of agonistic jurisprudence and attempts to show how it could be utilised in the context of judicial decision-making.
{"title":"Critical Legal Perspective on the Recent Czech Transgender Case","authors":"Nikolas Sabján","doi":"10.46282/blr.2022.6.1.288","DOIUrl":"https://doi.org/10.46282/blr.2022.6.1.288","url":null,"abstract":"The purpose of this short commentary is to present a critical legal analysis of the recent Czech Constitutional Court’s judgment on trans rights. The paper puts forward an external legal perspective characteristic for critical jurisprudence and it aims to show the presence of antagonistic interests and the extra-legal (ideological) factors that permeates and influences the judicial decision-making. It outlines some of the theoretical assumptions of critical jurisprudence which are, subsequently, applied to the Court’s judgment. More specifically, it follows the theoretical project of agonistic jurisprudence and attempts to show how it could be utilised in the context of judicial decision-making.","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":"48109657","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.2022.6.1.289
Sára Kiššová
{"title":"Mokrá, Lucia: Internal Dimension of Human Rights in the European Union","authors":"Sára Kiššová","doi":"10.46282/blr.2022.6.1.289","DOIUrl":"https://doi.org/10.46282/blr.2022.6.1.289","url":null,"abstract":"","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":"41812171","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 : 2021-12-30DOI: 10.46282/blr.2021.5.2.261
Irene Marchioro
The article analyses two decisions of the European Court of Justice issued last year against Hungary, with the aim of outlining a new trend in the Court’s caselaw, where threats to the rule of law are confronted without making express reference to it. The profiles of the two judgements that are investigated are three, and namely: the timing of the procedures, the role of discrimination in the assessment of violations of the TFEU rules on the freedom of movement of capital and services, the assessment of violations of the Charter of Fundamental Rights of the European Union alongside TFEU violations. The purpose of the article is to prove that the infringement procedure under Art. 258 TFEU can be successfully used to hinder antidemocratic drifts and illiberal trends even when a case is designed as purely technical and the rule of law is not called in, which may ultimately shield the Court itself from accusations of being too politically involved in Member States’ affairs.
{"title":"Role Models of Politics Disguised in Technique","authors":"Irene Marchioro","doi":"10.46282/blr.2021.5.2.261","DOIUrl":"https://doi.org/10.46282/blr.2021.5.2.261","url":null,"abstract":"The article analyses two decisions of the European Court of Justice issued last year against Hungary, with the aim of outlining a new trend in the Court’s caselaw, where threats to the rule of law are confronted without making express reference to it. The profiles of the two judgements that are investigated are three, and namely: the timing of the procedures, the role of discrimination in the assessment of violations of the TFEU rules on the freedom of movement of capital and services, the assessment of violations of the Charter of Fundamental Rights of the European Union alongside TFEU violations. The purpose of the article is to prove that the infringement procedure under Art. 258 TFEU can be successfully used to hinder antidemocratic drifts and illiberal trends even when a case is designed as purely technical and the rule of law is not called in, which may ultimately shield the Court itself from accusations of being too politically involved in Member States’ affairs.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46550575","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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