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Unification of the Case-law within the Civil Procedure System of Romania 罗马尼亚民事诉讼制度中判例法的统一
Bratislava Law Review Pub Date : 2021-12-30 DOI: 10.46282/blr.2021.5.2.227
Laura Cristina Carcia
{"title":"Unification of the Case-law within the Civil Procedure System of Romania","authors":"Laura Cristina Carcia","doi":"10.46282/blr.2021.5.2.227","DOIUrl":"https://doi.org/10.46282/blr.2021.5.2.227","url":null,"abstract":"The present article contains the main legal practice unification mechanisms, as regulated by the Romanian legislator in accordance with the current Civil Procedure Code, as well as those partaking to the Supreme Court jurisprudence in conjuncture with the lower courts by granting a uniform settlement on the legal issues comprised by the litigations referred to. The presentation starts off with the referral in the interest of the law, a traditional instrument within the national civil procedure legal sphere of activity, it continues with the notification of the Supreme Court for settling certain legal matters, a novelty at national level and of whose practical utility has already been recognised, and it ends by making reference to the second appeal, as an extraordinary means of challenge, with a relatively reduced efficiency, at present, in settling the different interpretations of the legal norms.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41767047","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
Connecting Gender Identity and Freedom of Conscience in Recent Romanian Constitutional Case-Law 近期罗马尼亚宪法判例法中的性别认同与信仰自由
Bratislava Law Review Pub Date : 2021-12-30 DOI: 10.46282/blr.2021.5.2.236
Mihail Stănescu-Sas
{"title":"Connecting Gender Identity and Freedom of Conscience in Recent Romanian Constitutional Case-Law","authors":"Mihail Stănescu-Sas","doi":"10.46282/blr.2021.5.2.236","DOIUrl":"https://doi.org/10.46282/blr.2021.5.2.236","url":null,"abstract":"The Constitutional Court of Romania has recently ruled unconstitutional a new provision amending the Law regarding national education, meant to prohibit “any activity of disseminating the theory or opinion of gender identity, understood as the theory or opinion that gender is a concept different from biologic sex and that the two are not always the same”. This provision was found in breach of several constitutional principles, including freedom of conscience and freedom of expression. This decision makes for a brief ingression into the legal nature of gender identity and that of freedom of conscience, allowing for the former to serve as a means to clarifying the scope of application of the latter. Since gender identity recognition is not a “world view”, but a reflection of diversity which is integral to a plural, democratic society, the only way the said provision breached freedom of conscience involved its interior dimension: the freedom of thought of pupils and students. But it did not even involve an interference with the right to manifest a “conviction”, as far as pupils, students and also teachers are concerned. Nonetheless, it breached their freedom of expression.","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":"48036150","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
Toolbox of the Public Administration Entity. Intersection of the Principle of Legality and Administrative Discretion in Exercising the Revocation of an Administrative Decision 公共行政实体工具箱。行政决定撤销的合法性原则与行政自由裁量权的交集
Bratislava Law Review Pub Date : 2021-12-30 DOI: 10.46282/blr.2021.5.2.255
Simona Bareikytė
{"title":"Toolbox of the Public Administration Entity. Intersection of the Principle of Legality and Administrative Discretion in Exercising the Revocation of an Administrative Decision","authors":"Simona Bareikytė","doi":"10.46282/blr.2021.5.2.255","DOIUrl":"https://doi.org/10.46282/blr.2021.5.2.255","url":null,"abstract":"For some, revocation of an administrative decision arises doubts, for others, it is a legal measure ensuring that public administration entities are able to respond to changing circumstances and adopt not only legitimate, but also fair decisions by striking a balance between private and public interests. This paper aims to analyse the choice of Lithuania with respect to the implementation and application of the public administration entities right to revoke its previously adopted administrative decision. In order to achieve this goal, the results of analysis of the role of the principle of legality and administrative discretion in the decision-making process, legal regulation of public administration and case-law are revealed. The analysis will show that there is room for the possible systematisation of the administrative procedures, aiming to ensure that public administration entities are able to respond to the ongoing changes in order to fulfil the objectivities based on which the particular public administration entities were established.","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":"49155546","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
How to Make the Direct Citizen Participation in Local Self-Government More Efficient in the Conditions of Smart Cities and Municipalities 在智慧城市和直辖市的条件下，如何提高公民直接参与地方自治的效率
Bratislava Law Review Pub Date : 2021-12-30 DOI: 10.46282/blr.2021.5.2.272
Ľudovít Máčaj
{"title":"How to Make the Direct Citizen Participation in Local Self-Government More Efficient in the Conditions of Smart Cities and Municipalities","authors":"Ľudovít Máčaj","doi":"10.46282/blr.2021.5.2.272","DOIUrl":"https://doi.org/10.46282/blr.2021.5.2.272","url":null,"abstract":"","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":"42125020","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
Final Theses of Students of Faculty of Law in Lithuania: 1925-1939 立陶宛法学院学生毕业论文：1925-1939
Bratislava Law Review Pub Date : 2021-12-30 DOI: 10.46282/blr.2021.5.2.222
I. Deviatnikovaitė
{"title":"Final Theses of Students of Faculty of Law in Lithuania: 1925-1939","authors":"I. Deviatnikovaitė","doi":"10.46282/blr.2021.5.2.222","DOIUrl":"https://doi.org/10.46282/blr.2021.5.2.222","url":null,"abstract":"The study examines the final students’ theses of the Faculty of Law of the University of Lithuania (later – Vytautas Magnus University), which was the only one university during the interwar period in Lithuania. Thus, it was the only place where lawyers were prepared. The research is based on the different branches of law, considering structure, literature, legal acts, jurisprudence students used in their theses, and the Lithuanian legal language of that time. The most valuable and interesting quotes of students are presented, the teachers who assessed their works are named, and the fates of the students and teachers are revealed. The research covers over five hundred students’ final theses written between 1925 and 1939. Namely, such a number of final theses are held in the Department of Manuscripts of Vilnius University Library. Noteworthy that around one thousand students graduated in law during the interwar period in Lithuania. Each of this thesis was reviewed in the series of four articles published in the Lithuanian language (Deviatnikovaitė, 2020a, 2020b, 2020c, 2020d). This article summarizes all four articles and presents final conclusions. The theses reveal not only how the Faculty of Law educated lawyers, but also the legal topicalities of Lithuania at that time. Students wrote about various issues of civil, criminal, administrative, constitutional, labour, and international law. Historical, comparative, and analytical methods were used in the research.","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":"47964819","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
Implementation of the EPPO Regulation from the Slovak Perspective 从斯洛伐克的角度看EPPO条例的实施
Bratislava Law Review Pub Date : 2021-12-30 DOI: 10.46282/blr.2021.5.2.262
D. Becková, Katarína Koromházová
{"title":"Implementation of the EPPO Regulation from the Slovak Perspective","authors":"D. Becková, Katarína Koromházová","doi":"10.46282/blr.2021.5.2.262","DOIUrl":"https://doi.org/10.46282/blr.2021.5.2.262","url":null,"abstract":"Nowadays, 22 Member States are participating in enhanced cooperation for establishment of the European Public Prosecutor's Office. Due to the fact that the establishment and exercise of powers of the European Public Prosecutor's Office significantly changes the current concept of EU criminal law, it was necessary for the participating Member States to adapt to this change. To ensure effective application of the Regulation in practice, the Member States had to adopt different implementing measures. As in other Member States, also the national authorities of the Slovak Republic needed to consider necessary legislative measures ensuring effective application of the EPPO Regulation for the purpose of investigating and prosecuting criminal offences affecting financial interests of the EU.","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":"48968883","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
Whyte, David: Ecocide. Kill the Corporation Before It Kills Us 大卫·怀特:生态灭绝。在公司杀了我们之前干掉它
Bratislava Law Review Pub Date : 2021-12-30 DOI: 10.46282/blr.2021.5.2.271
Nikolas Sabján
{"title":"Whyte, David: Ecocide. Kill the Corporation Before It Kills Us","authors":"Nikolas Sabján","doi":"10.46282/blr.2021.5.2.271","DOIUrl":"https://doi.org/10.46282/blr.2021.5.2.271","url":null,"abstract":"","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":"44630948","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
Efficiency of Pre-Trial Proceedings – Research, Evaluation, Criteria and Influence of Legislative Changes 预审程序的效率——立法变化的研究、评估、标准和影响
Bratislava Law Review Pub Date : 2021-12-30 DOI: 10.46282/blr.2021.5.2.270
Patrícia Krásná, Stanislav Mihálik, Veronika Markova
{"title":"Efficiency of Pre-Trial Proceedings – Research, Evaluation, Criteria and Influence of Legislative Changes","authors":"Patrícia Krásná, Stanislav Mihálik, Veronika Markova","doi":"10.46282/blr.2021.5.2.270","DOIUrl":"https://doi.org/10.46282/blr.2021.5.2.270","url":null,"abstract":"An international scientific conference organized by the Academy of the Police Force in Bratislava entitled: “THE EFFICIENCY OF PRE-TRIAL PROCEEDINGS – RESEARCH, EVALUATION, CRITERIA AND INFLUENCE OF LEGISLATIVE CHANGES” was held on 04th and 5th November 2021 at the Academy of the Police Force in Bratislava, within the project APVV-19-0102 “The efficiency of pre-trial proceedings – research, evaluation, criteria and influence of legislative changes” under the auspices of Dr. h. c. prof. JUDr. Lucia Kurilovská, PhD., the Rector of the Academy of the Police Force in Bratislava and prof. JUDr. Jozef Čentéš, PhD., Head of the Department of Criminal Law, Criminology and Criminalistics, Comenius University in Bratislava, Faculty of Law.","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":"48971825","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
Problematic Aspects of Judicial Protection against the Inaction of Administrative Authorities in the Czech Republic 捷克共和国针对行政当局不作为的司法保护的问题方面
Bratislava Law Review Pub Date : 2021-12-30 DOI: 10.46282/blr.2021.5.2.252
Kateřina Frumarová
{"title":"Problematic Aspects of Judicial Protection against the Inaction of Administrative Authorities in the Czech Republic","authors":"Kateřina Frumarová","doi":"10.46282/blr.2021.5.2.252","DOIUrl":"https://doi.org/10.46282/blr.2021.5.2.252","url":null,"abstract":"One of the three most important types of actions in the Czech administrative judiciary is the action for protection against the inaction of an administrative body. Judicial protection follows on from the protection within the administrative proceedings (according to the Administrative Procedure Code). Its entrenchment in the Czech law in 2002 was a huge positive. Nevertheless, in practice there are some controversial issues or issues for discussion which relate to this action. The article analyses the essence of this action, its conditions and hearing in court. However, the main attention is paid to the problematic aspects of the action, both those regarding its legislation and those arising from the practice and case law relating to protection against administrative inaction.","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":"47834087","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
Methodology of Effective Seizure and the Confiscation of the Crime Assets 有效查封和没收犯罪财产的方法论
Bratislava Law Review Pub Date : 2021-12-30 DOI: 10.46282/blr.2021.5.2.256
Marek Kordík, František Vojtuš
{"title":"Methodology of Effective Seizure and the Confiscation of the Crime Assets","authors":"Marek Kordík, František Vojtuš","doi":"10.46282/blr.2021.5.2.256","DOIUrl":"https://doi.org/10.46282/blr.2021.5.2.256","url":null,"abstract":"The paper deals with the methods of seizure of property in criminal proceedings and with the individual institutes that may be used for this purpose. This is a form of vademecum of the financial investigation, which is currently one of the priorities of criminal policy. The paper responds to the latest development of the decision-making activities of the courts and tries to point out to certain stereotypes that are already outworn by the decision-making activities in selected decisions.","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":"45450070","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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