Bratislava Law Review最新文献

Greener Competition Law via New Guidelines on Horizontal Agreements (?) 通过新的《横向协议指南》完善竞争法（？）

Bratislava Law Review Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.755

M. Patakyová

{"title":"Greener Competition Law via New Guidelines on Horizontal Agreements (?)","authors":"M. Patakyová","doi":"10.46282/blr.2023.7.2.755","DOIUrl":"https://doi.org/10.46282/blr.2023.7.2.755","url":null,"abstract":"The protection of environment is mentioned already in the preamble of the Treaty on European Union, in the Maastricht Treaty version. The omnipresent climate change reminds us of the importance of this protection. Is it possible to take into account the protection of environment also during the application of competition law? If so, to what extent is this desirable? In order to answer these questions, the article focuses on horizontal agreements, namely the new Guidelines on Horizontal Agreements. After presenting the view on green horizontal agreements on the EU level, the article focuses on application of competition law in the Slovak Republic. The main finding of the article is that, first, the protection of environment may be taken into account when applying competition law. This is very desirable from the perspective of protection of environment. However, the devil is in the detail and it may prove to be a particularly difficult job for a competition authority such as the Antimonopoly Office of the Slovak Republic to enforce Article 101 TFEU with respect to a green agreement. At the same time, it is a tricky job for undertakings to stay in line with Article 101 TFEU when they conclude a horizontal green agreement.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":"85 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139146474","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}

引用次数: 0

ECtHR: Erik Adamčo v. Slovakia (Application no. 19990/20, 1 June 2023) 欧洲人权法院：Erik Adamčo诉斯洛伐克（第19990/20号申请，2023年6月1日）

Bratislava Law Review Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.760

Stanislav Mihálik, Lukáš Turay

引用次数: 0

Overview of the Church’s Property Law in the Czech Lands during the Middle Ages 中世纪捷克教会财产法概述

Bratislava Law Review Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.460

Pavel Krafl

引用次数: 0

CJEU: WM and Sovim SA v. Luxembourg Business Registers (Joined Cases C-37/20 and C-601/20) 欧盟法院：WM 和 Sovim SA 诉卢森堡商业登记处（合并案件 C-37/20 和 C-601/20）

Bratislava Law Review Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.725

Daniel Zigo

{"title":"CJEU: WM and Sovim SA v. Luxembourg Business Registers (Joined Cases C-37/20 and C-601/20)","authors":"Daniel Zigo","doi":"10.46282/blr.2023.7.2.725","DOIUrl":"https://doi.org/10.46282/blr.2023.7.2.725","url":null,"abstract":"Rules against money laundering and terrorist financing are an area of law in which the European Union is significantly active and introduces many innovations. Public registers of beneficial ownership were one of the crucial tools with which this legislation promoted the openness of corporate structures in the European environment. For this reason, the judgment of the European Court of Justice in the Joined Cases C-37/20 and C-601/20, WM and Sovim SA v. Luxembourg Business Registers, which cancelled public access to beneficial ownership registers, caused an immense response. Part of the public sees this step as a major blow to the transparency and part as a victory for the rights of individuals. This paper explains the factual situation in the given case, summarises the Advocate General's opinion and analyses the reasons that led the Court to the presented conclusions. The author also reflects on the jurisprudence of the Court, which led to the issuance of this decision and its importance in the field of AML and the protection of the right to privacy in general. Based on these facts, the conclusion presents the possible development of future beneficial ownership registers in the EU.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":"4 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139145472","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}

引用次数: 0

Quo Vadis the Status of Transgender People in Slovakia? 斯洛伐克变性人的现状如何？

Bratislava Law Review Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.794

Ľubomír Batka, Olexij Meteňkanyč

引用次数: 0

Procedural Approach to the Public Interest in Migration Control when Applying Article 8 of the ECHR 在适用《欧洲人权公约》第 8 条时对移民控制中的公共利益采取程序性方法

Bratislava Law Review Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.744

Jennie Edlund, V. Stehlík

引用次数: 0

Metropolises - the Contemporary Challenge to Local Governments 大都市--当代地方政府面临的挑战

Bratislava Law Review Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.505

M. Augustyniak

{"title":"Metropolises - the Contemporary Challenge to Local Governments","authors":"M. Augustyniak","doi":"10.46282/blr.2023.7.2.505","DOIUrl":"https://doi.org/10.46282/blr.2023.7.2.505","url":null,"abstract":"Metropolisation is a process that includes the consequences of global phenomena transferred to the level of metropolitan areas, being the result of various legal and social processes, which is best illustrated by the example of French and Polish institutional solutions. France has been chosen to perform the analysis on due to the uniqueness of its legal regulations in the field of the issues covered in the study (e.g., the institution of metropolitan poles [le pôle métropolitain]). The possibility of creating a metropolis in its current form has existed in France since 2010, but the legislative bodies are still introducing changes to strengthen the legal position of this institution. The French legal order continues to reinforce the role and importance of the metropolis as a unit of inter-municipal cooperation that can take over the department and region’s essential competences to manage the metropolitan area more effectively. In a sense, France is becoming a model of organisation and functioning for contemporary metropolises in Poland, which are beginning to emerge as a certain remedy to the effectiveness issue of performing supra-regional tasks. This article provides an analysis of the law as it stands for legal regulations concerning the organisation and functioning of metropolises both in France and Poland in a comparative and legal context, with the aim of making postulates regarding the choice of a right formula for performing tasks in contemporary local governments.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139142258","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}

引用次数: 0

Possibilities and Approaches of European Court of Human Rights and Court of Justice of the European Union in Fundamental Rights Protection in the Context of Environmental Litigation 欧洲人权法院和欧盟法院在环境诉讼中保护基本权利的可能性和方法

Bratislava Law Review Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.391

Tímea Lazorčáková

{"title":"Possibilities and Approaches of European Court of Human Rights and Court of Justice of the European Union in Fundamental Rights Protection in the Context of Environmental Litigation","authors":"Tímea Lazorčáková","doi":"10.46282/blr.2023.7.2.391","DOIUrl":"https://doi.org/10.46282/blr.2023.7.2.391","url":null,"abstract":"Two judicial bodies, but both without right to protect the environment established. This is also how the coexistence of the two important judicial bodies located in the European area could be briefly characterized. The European Court of Human Rights and the Court of Justice of the European Union were created for different purposes, but their jurisprudence in the area of environmental protection and the protection of people's lives and health from the negative consequences of climate change overlap more than it might seem at first sight. We find certain similarities in terms of ensuring a certain degree of protection of fundamental rights in the context of the environment. The European Court of Human Rights has a priority in terms of the protection of fundamental rights in Europe, but in the field of the environment it faces several problems. Especially when we are talking about the protection of rights for future generations, where there is no direct victim or direct violation of fundamental rights, only a very high risk of their violation. On the other hand, the Court of Justice of the European Union has a much greater assumption of effectiveness, which has the potential to change the legislation of the member states and thereby indirectly ensure the protection of people's lives and health. Recently, the activity of the European Commission has been increasing in the interest of achieving climate neutrality, and this also means greater pressure on the states in the interest of the complete and correct transposition of European regulations in the field of the environment. In case of deficiencies, the European Commission can intervene by filing a lawsuit according to Article 258 of the TFEU, and achieve the required remedy. Although, such a procedure is not primarily aimed at the protection of fundamental rights, the positive impact on their protection cannot be neglected.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":"115 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139145876","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}

引用次数: 0

Marshall, Tim: Prisoners of Geography: Ten Maps That Tell You Everything You Need to Know About Global Politics 马歇尔、蒂姆：《地理囚徒》：十张地图告诉你关于全球政治的所有知识

Bratislava Law Review Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.768

Klára Jelínková

引用次数: 0

Efficiency of Pre-Trial Proceedings – Current Challenges of Criminal Law 审前程序的效率 - 当前刑法面临的挑战

Bratislava Law Review Pub Date : 2023-12-29 DOI: 10.46282/blr.2023.7.2.795

Jozef Čentéš, Maximilián Kiko

{"title":"Efficiency of Pre-Trial Proceedings – Current Challenges of Criminal Law","authors":"Jozef Čentéš, Maximilián Kiko","doi":"10.46282/blr.2023.7.2.795","DOIUrl":"https://doi.org/10.46282/blr.2023.7.2.795","url":null,"abstract":"On September 11th and 12th, 2023 was held under the auspices of the Alumni Club and Faculty of Law of the Comenius University in Bratislava the international scientific conference “Bratislava Legal Forum 2023“ (hereinafter as “conference”). The central theme of the plenary session was “Human at the center of the rule of law\". One of the main goals of the conference was to connect the knowledge of legal practice and legal science through their representatives from the domestic and international environment. In order to reach this goal was the conference divided into plenary session and parallel discussions in thematically focused sections. The plenary session had two panel discussions. One of them was panel discussion called “Artificial intelligence as a challenge for law, legal education and the rule of law” and second one was panel discussion called “Criminal law and the rule of law” moderated by professor Tomáš Strémy (academic professor and attorney at law). Participants of this panel discussion were doc. JUDr. Eduard Burda, PhD. (Dean, Faculty of Law, Comenius University in Bratislava), JUDr. Petr Angyalossy, PhD. (President, Supreme Court of the Czech Republic), JUDr. Martin Puchalla, PhD. (Chairman, Slovak Bar Association), JUDr. Jozef Kandera (first deputy general prosecutor of the Slovak Republic, General Prosecutor's Office of the Slovak Republic).","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139142635","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}

引用次数: 0