Bratislava Law Review最新文献

{"title":"Insolvent Groups of Companies in the European Union","authors":"Noémi Suri","doi":"10.46282/blr.2020.4.2.179","DOIUrl":"https://doi.org/10.46282/blr.2020.4.2.179","url":null,"abstract":"Before 26 June 2017, there was no single universal regulation governing the treatment of insolvency cases concerning groups of companies or certain members of a group in the European Union. The Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings defines the effective execution of insolvency proceedings at the different group members involved as the general objective of the legal source. The aim of my paper is to review the detailed rules of group coordination proceedings, during which I focus on the request for opening group coordination proceedings, on the possibility of defining which court has jurisdiction, on the review of the opt-out and opt-in rights related to group coordination proceedings and on the presentation of the powers assigned to the coordinator.Before 26 June 2017, there was no single universal regulation governing the treatment of insolvency cases concerning groups of companies or certain members of a group in the European Union. The Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings defines the effective execution of insolvency proceedings at the different group members involved as the general objective of the legal source. The aim of my paper is to review the detailed rules of group coordination proceedings, during which I focus on the request for opening group coordination proceedings, on the possibility of defining which court has jurisdiction, on the review of the opt-out and opt-in rights related to group coordination proceedings and on the presentation of the powers assigned to the coordinator.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44098950","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}

{"title":"European Public Prosecutor's Office: New Actor in EU Criminal Law","authors":"D. Becková","doi":"10.46282/blr.2020.4.2.207","DOIUrl":"https://doi.org/10.46282/blr.2020.4.2.207","url":null,"abstract":"The European Public Prosecutor's Office was established under enhanced cooperation in 2017, as a new body in the institutional system of the European Union.  The establishment of the European Public Prosecutor's Office changes the EU criminal law in a significant way, as it is the first body of the European Union, which will undertake its own investigations of criminal offences affecting the financial interests of the EU, carry out acts of prosecution and exercise the functions of prosecutor in the competent courts of the Member States.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47902636","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}

{"title":"Improvement of Effectiveness of Legal Regulation of Public Procurement and Its Application within EU Law Context (Bratislava, 25 November and 3 December 2020)","authors":"Adam Máčaj, Daniel Zigo","doi":"10.46282/blr.2020.4.2.218","DOIUrl":"https://doi.org/10.46282/blr.2020.4.2.218","url":null,"abstract":"","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47107184","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}

{"title":"Schrems II: Will It Really Increase the Level of Privacy Protection against Mass Surveillance?","authors":"V. Stehlík, Lusine Vardanyan","doi":"10.46282/blr.2020.4.2.215","DOIUrl":"https://doi.org/10.46282/blr.2020.4.2.215","url":null,"abstract":"An important event that once again brought to the forefront issues related to mass surveillance was the judgment of the Court of Justice of the European Union (hereafter referred as CJEU) delivered on July 16, 2020 in the case of Data Protection Commissioner v. Facebook Ireland Ltd. and Maximilian Schrems (Schrems II). It can be considered as the first serious precedent in the field of surveillance, which is aimed at ensuring privacy in the field of national security. Therefore, it becomes an important issue to assess its impact on the legal framework of international transfers of personal data and on the level of privacy protection. The impact of the judgment on the level of privacy protection and mass surveillance is particularly important now that CОVID-19 contact tracing programs are being widely used. In this research we try to trace the formation of the approach to mass surveillance in the case-law of CJEU before and after the Schrems II. We also try to point out some of the difficulties that the process of cross-border data transfer will face after the Schrems II. The main question of the study is whether the approach of the CJEU developed in the Schrems II will actually increase the privacy protection against mass surveillance. We conclude that the Schrems II is an important decision with serious consequences that go beyond the direct impact on data transfer between the EU and the US. It can have controversial influence of the level of privacy protection. Together with the positive trend of formation of more harmonized global data protection standards it can create many unresolved problems in the field of international data transfer and in economic dimension.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45411100","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}

{"title":"Guilty of not doing that!","authors":"M. Mazzocca","doi":"10.46282/blr.2020.4.2.185","DOIUrl":"https://doi.org/10.46282/blr.2020.4.2.185","url":null,"abstract":"Since ancient times, many legal constructions regarding blame or responsibility require subjects to be deemed accountable for their actions as well as for their omissions. The primary purpose of this work is to account for some legal and philosophical issues regarding the so-called negative events (i.e., events that have not occurred) through the development of two simple ideas. The first idea is to consider that, in most cases, a negative event is simply a normal positive event described negatively. The other idea is to distinguish the causal explanations of an event from the causal reports of an event. In this sense, it is shown how these two ideas not only clarify some fundamental philosophical issues, but they are also an excellent starting point for the interpretation and the application of some legal rules concerning omission.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44844192","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}

{"title":"Model of Supervision over Administrative Courts in Poland","authors":"Jan Olszanowski","doi":"10.46282/blr.2020.4.2.195","DOIUrl":"https://doi.org/10.46282/blr.2020.4.2.195","url":null,"abstract":"One of the most significant current discussions in Polish legal doctrine is how actions of executive powers, especially supervisory measures can affect judicial independence. It is related to basic constitutional and administrative law issues, including the separation of powers, the independence and the impartiality of the judiciary, the independence of the courts, the supervision and control, the efficiency and effectiveness of judicial protection. The analysis focuses on the dependence between the model of administrative supervision adopted in administrative justice and the efficiency of the courts, as well as their perception by the public. The study will examine supervisory measures aimed at ensuring the efficient functioning of the courts. The effectiveness of judicial review of administrative justice is essential for the protection of individuals' rights and the functioning of the state authorities in both the social and the economic sphere. From an extrajudicial point of view its significance is reflected in the influence on the judiciary, which will not only be effective in its procedural activity, but also in the level of trust and social prestige. It holds that the three arms of the state – the executive, the judiciary and the legislature – should, to a greater or lesser extent, be kept separate. That way, they are able to hold one another to account. This theory about the separation of state power went on to have a formative effect on the development of modern-day democracies. And it’s this vision of the tripartite separation of state power that is essential to the EU’s argument against the Polish reforms of the judiciary. The problem of supervision over administrative courts is also connected with external and internal independence of the judiciary. External independence refers to freedom from undue outside pressure, while internal independence protects individual judges from undue pressure from within the system. “Undue internal pressure” sometimes comes from court presidents and may take different forms: even where individual judges are not formally subordinate to court presidents or other authorities and may be result of attribution of workload, allocation of resources and benefits, disciplinary powers, powers of transfer and secondment, distribution of cases, etc. The aim of this paper is to examine the problem of supervision over administrative courts in legal system of Poland. The article focuses on the dependence between the model of administrative supervision and the efficiency of the courts.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49467324","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}

{"title":"Do The New Peace Agreements Between Israel and the Gulf States Set A 'Honey Trap' For Israel?","authors":"N. Munin","doi":"10.46282/blr.2020.4.2.206","DOIUrl":"https://doi.org/10.46282/blr.2020.4.2.206","url":null,"abstract":"This article examines whether the recent peace agreements, signed between Israel and the Gulf states: The United Arab Emirates and Bahrain in September 2020, form a 'honey trap', meant to use the economic benefits they offer as leverage to affect Israel's political position towards the Middle East conflict. Recalling that the EU exercises such an approach for many years, the article tries to assess its current and potential effectiveness to the parties involved.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42661343","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}

{"title":"International Trade Law and Emerging Technologies","authors":"Balázs Horváthy","doi":"10.46282/blr.2020.4.2.201","DOIUrl":"https://doi.org/10.46282/blr.2020.4.2.201","url":null,"abstract":"The paper aims to establish a conceptual framework for a relation between technological development and the international trade law. Uncovering the complex interaction between these two areas of the social reality is important today, when we are witnessing an intense period of technological revolution, which transforms not only the trade, but also the whole economy, and at the same time, it also creates challenges to the international trade law. The paper sheds light on the background of these processes and offers an introductory analysis with the aim of mapping the topic and the relevant literature. For this reason, the paper examines the roots of this context, and tries to respond the questions, what are the main challenges this revolution poses to international trade law, and how this area of law can rely upon its infrastructure to respond these challenges.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47982302","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}

{"title":"The Interests of developing countries in the context of the OECD/ G20 led international income tax initiatives","authors":"Nolan Sharkey","doi":"10.46282/BLR.2019.3.2.145","DOIUrl":"https://doi.org/10.46282/BLR.2019.3.2.145","url":null,"abstract":"There has been growing concern about the erosion of sovereign country tax bases internationally. This concern has been particularly prominent since the Global Financial Crisis (GFC). The below paper contextualises the OECD/ G20 tax initiatives and considers the issues that developing countries need to carefully consider in weighing up their commitment and support for these initiatives.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46669202","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}

{"title":"Renascence of the administrative jurisdiction in Hungary","authors":"Edit Horváth","doi":"10.46282/blr.2019.3.1.131","DOIUrl":"https://doi.org/10.46282/blr.2019.3.1.131","url":null,"abstract":"The administrative jurisdiction is one of the guarantees of the civil legal security. However, a state has to „grow up” to this as to every legal guaranties. Administrative jurisdiction, and within it the creation of an independent administrative procedural order has been cause for much excitement in the law-making community basically from the early 1990 s, when control over administrative rulings became genuinely possible again. It was thus unsurprising that the codification of the Act on the procedural code of public administration was followed with interest, and the professional and scientific community gave regular updates on the status of the codification. Therefore, the fact that the president did not sign the Act passed by the National Assembly, but sent it to the Constitutional Court for evaluation instead caused a major stir. Based on the decision 1/2017. (I. 17.) of the Constitutional Court, the National Assembly eventually modified a number of provisions in the Act on the administrative procedural code and passed the Act again, which was then promulgated on March 1, 2017 as Act I/2017 on the administrative procedural code, and became effective, as per initial plans, on January 1, 2018. The article is not an ode to the Hungarian administrative jurisdiction or to the new independent administrative procedural code, but a historical and mainly legal analysis.","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":"44314826","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}