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The Absence of the Employee due to the Medical or Diagnostic Examination of His or Her Child 雇员因其子女的医疗或诊断检查而缺勤
Pub Date : 2023-08-01 DOI: 10.31262/1339-5467/2023/11/2/43-55
M. Švec, Andrea Olšovská
According to the current Slovak legislation, which also determines the conditions for important personal obstacles at work, the employer is obliged to excuse the absence of an employee for the reason of accompanying his or her child to a medical facility for examination or treatment. The scientific paper deals with situations where it is necessary for an employee to accompany a child to various other diagnostic examinations which are not carried out in medical institutions. These obligations are imposed by specific legislation and must be fulfilled by the employee as the legal representative of minors in compulsory schooling or pre-primary education in relation to establishments operating under the education regulations. However, there is no excuse for the absence of an employee in the Labour Code or in other legislation in the area of education. Since these cases cannot be explicitly covered by any statutory regulation of personal obstacles to work on the part of the employee, a dispute arises in application practice between the employee and the employer as to the justification for the employee’s absence from work. This is also based on incorrect information provided by the education’s authorities who instruct the legal representatives that the employer must excuse the absence, as their child is undergoing certain examinations.
斯洛伐克现行立法还确定了工作中重大个人障碍的条件,根据该立法,雇主有义务为雇员陪同其子女到医疗机构进行检查或治疗而缺席提供理由。该科学论文涉及雇员有必要陪同儿童进行各种其他诊断检查的情况,而这些检查不是在医疗机构进行的。这些义务是由具体立法规定的,必须由雇员作为义务教育或学前教育机构中未成年人的法定代表履行。但是,在《劳动法》或教育领域的其他立法中,没有雇员缺勤的借口。由于这些情况不能被任何关于雇员个人工作障碍的法定条例明确涵盖,因此在应用实践中,雇员和雇主之间就雇员缺勤的理由产生了争议。这也是基于教育当局提供的不正确信息,教育当局指示法律代表,雇主必须原谅缺席,因为他们的孩子正在接受某些考试。
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引用次数: 0
Regulation of Unfair Contract Terms in Central and Eastern European Countries 中东欧国家对不公平合同条款的规制
Pub Date : 2023-08-01 DOI: 10.31262/1339-5467/2023/11/2/21-42
M. Hulmák
The paper summarizes results of a comparison of unfair clause legislation in the Central and Eastern European countries. In the introductory part, the development of the regulation of unfair terms, the sources of inspiration as well as the different approaches in traditional civil law countries are described. Subsequently, the regulations in the Czech Republic, Slovakia, Hungary, Poland, Romania, Slovenia, Serbia and Croatia are compared. The contemporary regulation is based on the minimum standards of the Council Directive 93/13/EEC of 5 April 1993 on Unfair Terms in Consumer Contracts. Nevertheless, the scope of protection varies in its effects in particular states (e.g. scope of applicability, nature and number of prohibited clauses). The increasing importance of public authority in enforcement is evident. In the countries compared, protection against unfair terms is not limited only to consumer contracts, but it applies in different extent to some others as well.
本文总结了中欧和东欧国家不公平条款立法比较的结果。绪论部分主要介绍了大陆法系传统国家对不公平条款规制的发展、启示的来源以及不同的规制方式。随后,对捷克共和国、斯洛伐克、匈牙利、波兰、罗马尼亚、斯洛文尼亚、塞尔维亚和克罗地亚的法规进行了比较。现行条例是根据理事会1993年4月5日关于消费者合同中的不公平条款的第93/13/EEC号指令的最低标准制定的。然而,保护范围在特定国家的影响各不相同(例如,适用范围、禁止条款的性质和数量)。公共权力在执法方面日益重要,这是显而易见的。在所比较的国家中,对不公平条款的保护不仅限于消费者合同,而且在不同程度上也适用于其他一些国家。
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引用次数: 0
Occupational Accident and Occupational Disease as an Obstacle to Work on the Employee’s Side – the Czech Perspective 从捷克的角度看,职业事故和职业病是员工工作的障碍
Pub Date : 2023-08-01 DOI: 10.31262/1339-5467/2023/11/2/69-90
K. Štěpánková
In the paper, the author deals with the issue of the current jurisprudence of the Supreme Court of the Czech Republic regarding the employee’s right to wage compensation due to an obstacle to work on the employer’s side in the case the employer does not assign work to this employee according to the employment contract due to his or her common illness. She then assesses the relevance and applicability of these opinions in relation to occupational accidents and occupational diseases. At the same time, she bases her conclusions not only on the interpretation of the applicable Czech legislation, but also on a whole range of case law. In the conclusions, she also deals in detail with the employer’s obligation to transfer such an employee to another suitable job for him or her. The fact whether the employer has another suitable job available for the employee (and decides of his or her own free will not to transfer the employee to it) or, on the contrary, does not have another suitable job available for the employee is, in the opinion of the author, a key distinguishing criterion for considering whether the non-assignment of work by the employer should be assessed as an obstacle to work on the employer’s side (with the right to wage compensation) or as an obstacle to work on the employee’s side.
在本文中,作者讨论了捷克共和国最高法院目前关于雇员因雇主一方的工作障碍而获得工资补偿的权利的判例问题,即雇主因其常见病而未根据雇佣合同分配工作。然后,她评估了这些意见在职业事故和职业病方面的相关性和适用性。同时,她的结论不仅基于对适用的捷克立法的解释,而且也基于整个范围的判例法。在结论中,她还详细讨论了雇主将这样的雇员转移到另一个适合他或她的工作的义务。作者认为,雇主是否为雇员提供了另一份合适的工作(并根据自己的自由意志决定不将雇员转到另一份合适的工作),或者相反,是否为雇员提供了另一份合适的工作,考虑雇主不分配工作是应被评估为妨碍雇主一方工作(有权获得工资补偿)还是作为雇员一方工作的障碍,这是一个关键的区别标准。
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引用次数: 0
Between Scylla and Charybdis – Lawyers of the High Judge Conference in 1861 在Scylla和Charybdis之间——1861年高级法官会议的律师
Pub Date : 2023-08-01 DOI: 10.31262/1339-5467/2023/11/2/56-68
Imre Képessy
With the proclamation of the October Diploma in 1860, Emperor Franz Joseph partially restored the Hungarian constitutional order. As soon as the decision had been made that the Hungarian judiciary was to be revived, the newly formed courts of law in the counties began to operate on the Hungarian laws. The issues presented themselves fairly quickly, since the Austrian laws enacted in the 1850s made so fundamental changes to the legal system that it seemed impossible to reinstate the Hungarian laws without any changes. A conference was convened by the highest-ranking judge of the country in January 1861, and its members had to resolve this seemingly impossible situation. Between Scylla (keeping the unconstitutionally introduced Austrian legal norms) and Charybdis (reinstating the “old” Hungarian laws at the expense of legal certainty), they had to find a way to restore the Hungarian legal order in such way that it would not harm the rights of the citizens.
随着1860年十月文凭的宣布,弗朗茨·约瑟夫皇帝部分恢复了匈牙利的宪法秩序。匈牙利的司法机构一经作出恢复的决定,各郡新成立的法院就开始按照匈牙利法律运作。这些问题很快就出现了,因为19世纪50年代颁布的奥地利法律对法律制度进行了如此根本的改变,似乎不可能不做任何改变就恢复匈牙利的法律。1861年1月,全国最高级别的法官召开了一次会议,会议成员必须解决这个看似不可能的局面。在Scylla(保留违反宪法引入的奥地利法律规范)和Charybdis(以牺牲法律确定性为代价恢复“旧”匈牙利法律)之间,他们必须找到一种不损害公民权利的方式恢复匈牙利法律秩序的方法。
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引用次数: 0
Whistleblower Protection in Poland – Analysis of the Situation of Polish Officers and Professional Soldiers 波兰的举报人保护——波兰军官和职业士兵状况分析
Pub Date : 2023-05-01 DOI: 10.31262/1339-5467/2023/11/1/67-88
Małgorzata Grześków
This paper presents the legal situation of whistleblowers employed as professional soldiers and officers of militarized services in Poland. The starting point of the study is to show the specific nature of employment in the services and to identify the risks that can occur in these organizations. The paper critically analyses the international and European Union solutions that do not regulate in any special way the protection of whistleblowers employed as soldiers and officers. The study also points out the lack of adequate protection at the level of the Polish domestic law. At the same time, it is noted that the ongoing work to implement the Directive (EU) 2019/1937 of the European Parliament and of the Council on the Protection of Whistleblowers does not seem to be moving in the direction of increasing this protection. The study also shows significant differences in solutions for the protection of whistleblowers at the national level, which may be due to the cultural and historical conditions.
本文介绍了检举人作为职业军人和军官在波兰的法律状况。这项研究的出发点是要说明服务部门就业的具体性质,并确定这些组织中可能发生的风险。本文批判性地分析了国际和欧盟的解决方案,这些解决方案没有以任何特殊的方式规范保护作为士兵和军官的举报人。该研究还指出,在波兰国内法一级缺乏适当的保护。与此同时,值得注意的是,正在进行的实施欧洲议会和理事会关于保护举报人的指令(EU) 2019/1937的工作似乎并没有朝着增加这种保护的方向发展。该研究还显示,各国在保护举报人的解决方案上存在显著差异,这可能是由于文化和历史条件的原因。
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引用次数: 0
Liability of the Holder of a Public Office in an Independent Body for Unlawful Decisions, Using the Example of the Czech Television Council 独立机构公职人员对非法决定的责任,以捷克电视委员会为例
Pub Date : 2023-05-01 DOI: 10.31262/1339-5467/2023/11/1/50-66
M. Štefko
The aim of this paper is to analyse the appropriateness of the legislative regulation of the protection of a member of an independent administrative body exercising public oversight over a certain agenda or institution in the event that it makes an illegal or factually incorrect decision, in terms of the practical problems that this regulation raises. Put simply, it is a question of who is watching the watchdog. If the gatekeeper is complicit in an illegal decision or maladministration, who will drive him or her to seek justice? And is the protection of the holder of a public office sufficient? The research will be conducted on an illegal decision of the Czech Television Council that has been subject to judicial review by the Czech administrative courts.
本文的目的是分析在独立行政机构成员对某一议程或机构作出非法或事实上不正确的决定时,对其行使公共监督的立法规定的适当性,根据这一规定提出的实际问题。简而言之,这是一个谁在监视看门狗的问题。如果看门人参与了非法决策或管理不善,谁会驱使他或她寻求正义?对公职人员的保护是否足够?这项研究将针对捷克电视委员会的一项非法决定进行,该决定已受到捷克行政法院的司法审查。
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引用次数: 0
A Criminological Perspective of the Economic Crimes in Particular Cases of Money Laundering and Tax Evasion 洗钱、偷税等特殊案件中经济犯罪的犯罪学视角
Pub Date : 2023-05-01 DOI: 10.31262/1339-5467/2023/11/1/38-49
Djulieta Vasiloi
Analysing from the point of view of criminology, the theoretical framework of economic crimes is currently implemented to highlight the investigative activity of those who are interested in approaching the phenomenon in a multidisciplinary context. They primarily involve the criminologists and are secondly organized around their efforts provided both at the European and international levels in finding adequate solutions to combat and to control the phenomenon of these crimes. The main activity in the field of criminological research is then related to maintaining high level of suppressive measures adopted by the domestic authorities, in accordance with the European and international ones, in purpose to gather such a result. The current paper is focused on the most relevant issues in the field of approaching serious crimes from a criminological point of view. The special focus of the research activity is that of analysing the crimes of money laundering and tax evasion, knowing that, in the area of economic crimes, they are the most dangerous phenomenon that existed in practice.
从犯罪学的角度进行分析,经济犯罪的理论框架目前正在实施,以突出那些有兴趣在多学科背景下接近这一现象的调查活动。这些活动主要由犯罪学家参与,其次是围绕他们在欧洲和国际两级所作的努力组织起来,以寻求打击和控制这些犯罪现象的适当解决办法。因此,犯罪学研究领域的主要活动是根据欧洲和国际标准,维持国内当局采取的高水平的镇压措施,以便取得这样的结果。本文主要从犯罪学的角度探讨严重犯罪处理中最相关的问题。研究活动的特别重点是分析洗钱和逃税犯罪,因为知道在经济犯罪领域,它们是实践中存在的最危险的现象。
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引用次数: 0
Frumarová, Kateřina, Tomáš Grygar, Zdeněk Koudelka, Lukáš Potěšil, Olga Pouperová, Radovan Suchánek and Martin Škurek: Administrative Justice. Praha: Leges, 2022. 671 p. ISBN 978-80-7502-611-8
Pub Date : 2023-05-01 DOI: 10.31262/1339-5467/2023/11/1/89-93
Tomáš Čičmanec
Reviewing the scientific monograph Frumarová, Kateřina, Tomáš Grygar, Zdeněk Koudelka, Lukáš Potěšil, Olga Pouperová, Radovan Suchánek and Martin Škurek: Administrative Justice.
审查科学专著 Frumarová, Kateřina, Tomáš Grygar, Zdeněk Koudelka, Lukáš Potěšil, Olga Pouperová, Radovan Suchánek 和 Martin Škurek:行政司法。
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引用次数: 0
Polish-German Dispute over WWII Reparations 波兰和德国在二战赔款问题上的争端
Pub Date : 2023-05-01 DOI: 10.31262/1339-5467/2023/11/1/21-37
R. Adamus
This study concerns the dispute between Poland and Germany regarding war reparations for losses caused in Poland in the years 1939 – 1945. The author pointed to the relevant acts of international law. This applies to the so-called Potsdam Agreement, the declaration of the Union of Soviet Socialist Republics (hereinafter referred to as the “USSR”) on the resignation of claims against Germany, the declaration of the government of the People’s Republic of Poland on the resignation of claims, the German unification treaty. As well as in the study, the substantive position that may be presented by Poland was indicated. After the end of the World War II, there was no peace agreement between the defeated Germans and members of the anti-German coalition. This was due to emerging political differences between the victorious states. What is significant in the case is the fact that the Polish war losses were not covered in full. There are reasons to believe that Poland’s renunciation of claims in year 1953 (with effect from January 1, 1954) was invalid.
本研究涉及波兰和德国之间关于1939 - 1945年在波兰造成的战争损失赔偿的争端。发件人指出了国际法的有关行为。这适用于所谓的波茨坦协定、苏维埃社会主义共和国联盟(以下简称“苏联”)关于放弃对德国的要求的声明、波兰人民共和国政府关于放弃要求的声明、德国统一条约。在研究报告中也指出了波兰可能提出的实质性立场。第二次世界大战结束后,战败的德国人和反德联盟成员之间没有达成和平协议。这是由于战胜国之间出现了政治分歧。重要的是,波兰的战争损失没有得到全额赔偿。有理由认为,波兰在1953年(从1954年1月1日起)放弃索赔是无效的。
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引用次数: 0
Legal Presumption of Existence of an Employment Relationship in the Context of the So-called Digital Labour Platforms 所谓数字劳动平台背景下雇佣关系存在的法律推定
Pub Date : 2022-12-01 DOI: 10.31262/1339-5467/2022/10/4/71-88
Tintěra Tomáš
The paper deals with the current proposal for a directive of the European Parliament and of the Council regarding the improvement of working conditions when working through digital platforms. The presented text is focused in particular on the legal presumption of the existence of an employment relationship between a digital labour platform and a person who performs work through the platform if the digital labour platform controls certain elements of the performed platform work.
该文件涉及欧洲议会和理事会关于通过数字平台工作时改善工作条件的指令的当前提案。所提交的案文特别侧重于如果数字劳动平台控制所执行的平台工作的某些要素,则数字劳动平台与通过该平台工作的人之间存在雇佣关系的法律推定。
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引用次数: 0
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Societas et Iurisprudentia
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