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Rule of law in the 21st century 21世纪的法治
Bratislava Law Review Pub Date : 2019-06-30 DOI: 10.46282/blr.2019.3.1.141
A. Varga
{"title":"Rule of law in the 21st century","authors":"A. Varga","doi":"10.46282/blr.2019.3.1.141","DOIUrl":"https://doi.org/10.46282/blr.2019.3.1.141","url":null,"abstract":"Rule of law is one of the core principles of constitutions and also the essential value of the European Union. Still, rule of law does not have a unanimous understanding either in the academic sphere or in the jurisprudence of the countries. The paper explains some theories on rule of law, then it considers how the doctrine prevails in the praxis of the Venice Commission and in the wording of the Treaty on the European Union. The paper concludes that interpretation of international fora involves the meaning of rule of law in a national level, even though the base of interpretation is unclear.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47285044","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
Polish civil procedure: yesterday, today nad tomorrow-Some remarks about recent changes of procedural law in poland 波兰民事诉讼:昨天，今天和明天——关于波兰最近诉讼法变化的一些评论
Bratislava Law Review Pub Date : 2019-06-30 DOI: 10.46282/blr.2019.3.1.136
Piotr Rylski
{"title":"Polish civil procedure: yesterday, today nad tomorrow-Some remarks about recent changes of procedural law in poland","authors":"Piotr Rylski","doi":"10.46282/blr.2019.3.1.136","DOIUrl":"https://doi.org/10.46282/blr.2019.3.1.136","url":null,"abstract":"Polish civil procedural law is still the subject of numerous legislative changes. Only in recent years the Code of Civil Procedure has been amended over 30 times. These changes resulted from various reasons. Firstly, from the need of implementation of EU procedural law. Secondly, they were the result of the introduction of provisions aimed at adapting the code to modern technologies. Thirdly, changes aimed at speeding up the hearing of a civil case and at introducing some instruments to strengthen the protection of public interest in judicial proceedings. This article focuses on three selected examples and presents the discussion of the disputable issues that they have already arisen. Firstly, the topic of electronic process activities. It presents electronic pleadings, electronic delivery in trial, electronic judicial protocol and the possibility of presenting grounds of judgment in electronic form. Secondly, the new institution of a judgement rendered at closed session (in camera) was discussed. Thirdly, the article describes a new extraordinary complaint against final judgement, which can challenge any !nal judgment of a common court as a result of a prosecutor’s or other public-interest entity’s initiative.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41730576","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: 1
Changing constitutional identity: Constitutional reform and new concept of human rights in Georgia 不断变化的宪法特征：格鲁吉亚的宪法改革和新的人权概念
Bratislava Law Review Pub Date : 2019-06-30 DOI: 10.46282/blr.2019.3.1.128
Dimitry Gegenava
{"title":"Changing constitutional identity: Constitutional reform and new concept of human rights in Georgia","authors":"Dimitry Gegenava","doi":"10.46282/blr.2019.3.1.128","DOIUrl":"https://doi.org/10.46282/blr.2019.3.1.128","url":null,"abstract":"Constitutional reform of 2017 – 2018 amended the whole text of Georgian basic law, including the 2nd chapter – Basic Human Rights. Many articles and human rights were displaced to other chapters as general principles, some new and postmodern rights were added to the text. These changes are not only ordinary amendments; they make constitutional court and other state organs to realize their duties, and individuals to find new ways of protection of their rights. New constitutional regulation raises new forms and meanings, but this novation includes risks and perils, that should be discussed and analysed not only in the light of national constitutional law, but also in comparative and international context. This article describes main directions of amendments in the chapter on human rights and analyses perspectives, positive and negative aspects of them.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44653240","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
Criminal law measures of ensuring the security of the crypto sphere 确保加密领域安全的刑法措施
Bratislava Law Review Pub Date : 2019-06-30 DOI: 10.46282/blr.2019.3.1.138
O. Stepanov, D. Pechegin
{"title":"Criminal law measures of ensuring the security of the crypto sphere","authors":"O. Stepanov, D. Pechegin","doi":"10.46282/blr.2019.3.1.138","DOIUrl":"https://doi.org/10.46282/blr.2019.3.1.138","url":null,"abstract":"In the first issue of the Bratislava Law Review magazine for 2018, our article addressed the problem of legal regulation of relations related to the crypto sphere “Failure to repatiate funds in foreign currency from abroad and modern issues of currency regulation” was published. In December 2017, Bitcoin predicted the cost of $ 40 – $ 100 thousand. However, in 2018, the situation changed-the Bitcoin exchange rate began to lose from $ 0.5 to $ 1 thousand per day, and its market capitalization fell to $ 70 billion. The crisis of the crypto market has affected not only the capitalization of cryptocurrencies, but also the issues of legal regulation of relations associated with its use. Currently, only three countries – Sweden, the Netherlands and Japan – recognize cryptocurrency as a legal means of payment. In Spain, the cryptocurrency is classified as an electronic means of payment only in relation to the gaming business. The legislation of Germany, as well as Finland, allows to classify cryptocurrencies as financial instruments. In China, Singapore and Norway cryptocurrency is considered as a financial asset in the US – as property, i.e. developed countries are in no hurry to equate cryptocurrency to means of payment. In Russia, the use of cryptocurrencies is not regulated by any rules, but there is no legislation prohibiting the circulation of cryptocurrencies as means of payment. At the same time, the draft bill “On digital nancial assets”, designed to regulate financial relations in the crypto sphere, completely excludes the issues of mining and circulation of existing crypto-currencies. However, new electronic entities carry certain risks associated with their turnover. In this regard, many States seek to develop mechanisms to ensure the security of actions in the new crypto sphere of legal relations before the direct legalization of cryptocurrencies and other modern electronic entities. The purpose of the article is to analyze the approaches related to the security of the crypto sphere in modern society by criminal law measures taking into account foreign experience.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42249620","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
Does identity matter? 身份重要吗？
Bratislava Law Review Pub Date : 2019-06-30 DOI: 10.46282/blr.2019.3.1.127
L. Csink
{"title":"Does identity matter?","authors":"L. Csink","doi":"10.46282/blr.2019.3.1.127","DOIUrl":"https://doi.org/10.46282/blr.2019.3.1.127","url":null,"abstract":"During Brexit campaign leave supporters reckoned that their sovereignty is priceless. They meant that Britain’s status within or outside the European Union should not be decided upon economic reasons only. The campaign was successful and now the Kingdom is paying the price of her sovereignty. In Hungary in 2015 the government decided to ban shops to open on Sundays which was against the aspirations of both enterprises and consumers.  The government found the measure so symbolic, so close to its identity that it did not respect any criticism. The government paid the political price of the unpopularity of the measure. Later on the government realised that the stake was too high and withdrew the piece of legislation. Such events clearly highlight that maintaining identity always has its price. Such price can be either economic or political. The question is if governments are ready to pay the price. It does not seem proper if mere economic and political expectations overrule symbolic issues. Neither it is acceptable if the government gives the nation’s entire fortune for symbolic reasons. It must always be considered how much identity costs and if it is worth paying the price.  The question can be answered upon the identity test that has two factors: first how important the issue is (how close it is to identity) and if the price of identity is proportionate to the economic, political price. The more important the issue is the greater price can be paid. And conversely, the greater the economic or political price is, the more cautious one should be. The present article sums up the most basic information on constitutional identity and analyses the factors of the identity of the Hungarian constitution, the Basic Law, with special attention to the contemporary identity debate. It argues that constitutional identity is not a strict and non-changing phenomenon but rather the procedure of continuous development.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44439662","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
The problem of protection of national constitutional identity in integration processes 一体化进程中国家宪法认同的保护问题
Bratislava Law Review Pub Date : 2019-06-30 DOI: 10.46282/blr.2019.3.1.133
Alina Pkhrikyan
{"title":"The problem of protection of national constitutional identity in integration processes","authors":"Alina Pkhrikyan","doi":"10.46282/blr.2019.3.1.133","DOIUrl":"https://doi.org/10.46282/blr.2019.3.1.133","url":null,"abstract":"The problem of protecting the constitutional identity, in contents of modern constitutional developments, becomes a top discussed topic by lawyers. We share the opinion of scholars that the constitutional identity is the manifestation of the national and political identity of the society, which is reflected in the content of the Constitution. Having a millennium history, including a rich legal history, Armenia is probably one of the states that, according to geopolitical situations and historical circumstances has very often had to defend its national, including constitutional identity. The report presents specific historical examples. Nowadays Armenia is actively integrating into globalization processes: on the one hand we join the Eurasian Economic Union, on the other hand, conclude a Comprehensive and Enhanced Partnership Agreement with the EU. These circumstances are new challenges for our country. The report also highlights the importance of the role of the Constitutional Court of the Republic of Armenia in maintaining the constitutional identity and in legal protection of national constitutional values.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41445483","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
Nation-Delegation-Constitution: Reconsidering role of religion in Polish identity development 民族-代表-宪法:重新思考宗教在波兰认同发展中的作用
Bratislava Law Review Pub Date : 2019-06-30 DOI: 10.46282/BLR.2019.3.1.124
A. Bień, A. Tarnowska, Wojciech Włoch
{"title":"Nation-Delegation-Constitution: Reconsidering role of religion in Polish identity development","authors":"A. Bień, A. Tarnowska, Wojciech Włoch","doi":"10.46282/BLR.2019.3.1.124","DOIUrl":"https://doi.org/10.46282/BLR.2019.3.1.124","url":null,"abstract":"Democratic politics creates a specific ‘chain of representation’. According to Article 104 of the Polish Constitution, the MPs are the representatives of the entire Nation. The understanding of the “entire Nation” allows to determine whether national identity is open and inclusive, or closed and exclusive. One can distinguish two ideal types of a nation: heterogeneous and homogeneous. The first type is connected to the universalist understanding of “constitutional essentials”, the second to the particularistic one. In the paper, we pointed out the elements of heterogeneity in the text of Polish constitutions as well as the elements of homogeneity in the constitutional practice. Religion becomes an important factor influencing the interpretation and application of the constitution. The heterogeneous concept of the nation and the universalist “constitutional essentials” can be narrowed down in the political practice. The particularistic elements of the constitution and the homogenizing tendencies present in the application of the constitution might lead to polarization. In such a case, there would be a radical reinterpretation of the entire chain of delegation.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44534887","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: 1
The free movement of economically inactive EU citizens: The right to reside test 非经济活动欧盟公民的自由流动:居住权测试
Bratislava Law Review Pub Date : 2019-06-30 DOI: 10.46282/blr.2019.3.1.125
L. Gyeney
{"title":"The free movement of economically inactive EU citizens: The right to reside test","authors":"L. Gyeney","doi":"10.46282/blr.2019.3.1.125","DOIUrl":"https://doi.org/10.46282/blr.2019.3.1.125","url":null,"abstract":"The question of free movement rights of economically inactive citizens and their access to social assistance is a legally controversial and a politically sensitive issue. This is well illustrated by the CJEU’s recent case law which signals a shift in its former jurisprudence towards a more restrictive approach relating to access to social assistance benefits for economically inactive EU citizens. Moreover, the Court’s case law appears to be moving away from the concept of EU citizenship as a general value and common solidarity. The present article aims to give a brief overview of the relevant case law with the aim of seeking answer the question whether this turn in the CJEU’s case law predicts a real paradigm shift or just a consolidation phase in the Court’s jurisprudence.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43580126","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
New trends of the civil justice in Hungary 匈牙利民事司法的新趋势
Bratislava Law Review Pub Date : 2019-06-30 DOI: 10.46282/blr.2019.3.1.130
V. Harsági
{"title":"New trends of the civil justice in Hungary","authors":"V. Harsági","doi":"10.46282/blr.2019.3.1.130","DOIUrl":"https://doi.org/10.46282/blr.2019.3.1.130","url":null,"abstract":"The article provides an overview on the most important innovations of the new Hungarian Code of Civil Procedure. It presents a renewed system of allocation of cases, the split structure of the procedural phases, the modifications in connection of the representation, the new regulation on the illegaly obtained evidence, the solutions for incapacity to prove, the remedies and collective redress. Finally, the manuscript goes on with the question of electronization and try to evaluate the modest practical experience of these innovations so far.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44041310","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
The 2015 nationwide referendum in Poland memes 2015年波兰的全民公投
Bratislava Law Review Pub Date : 2019-06-30 DOI: 10.46282/blr.2019.3.1.126
M. Marczewska
{"title":"The 2015 nationwide referendum in Poland memes","authors":"M. Marczewska","doi":"10.46282/blr.2019.3.1.126","DOIUrl":"https://doi.org/10.46282/blr.2019.3.1.126","url":null,"abstract":"The aim of the article is to analyze memes associated with the nationwide referendum of 6 September 2015 in Poland. The memes are treated as part of the media discourse. Media discourse encompasses part of public discourse. In the broad sense, we are dealing with a collection of statements functioning in the public space and concerning a specific problem or its scope. There will be analyzed memes connected such issues as the reason/reasons for ordering the referendum, referendum questions, the financial costs incurred, and the referendum turnout. The article is divided into two parts: 1) theoretical consists of mem and referendum definition; 2) practical consists of the 6 September 2015 referendum in Poland in memes analyse. In the course of the research such questions will be answered: whether the memes became part of the general overtone of the discourse; whether they presented the main themes of the discourse and how they did this; which elements of the discourse were emphasized in the memes and which were omitted. In the research process the main themes of the discourse were distinguished, which were reflected in the memes.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48013964","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
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