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The Slovak v the Danish Labor Law Approach to COVID 19 Pandemic 斯洛伐克诉丹麦劳动法应对2019冠状病毒病疫情
International and Comparative Law Review Pub Date : 2020-12-01 DOI: 10.2478/iclr-2020-0026
Juraj Hamuľák, Denisa Nevická
{"title":"The Slovak v the Danish Labor Law Approach to COVID 19 Pandemic","authors":"Juraj Hamuľák, Denisa Nevická","doi":"10.2478/iclr-2020-0026","DOIUrl":"https://doi.org/10.2478/iclr-2020-0026","url":null,"abstract":"Summary The corona virus pandemic affects the functioning of all states. It intervenes in various areas of life, and it is employment relations that we can consider to be the area with the most negative impact. The Slovak Republic is dealing with pandemic in terms of labor law with partial amendments to the Labor Code and a hybrid form of short time working (kurzarbeit). We therefore decided to point out the shortcomings of the legislation in the Slovak Republic as well as to propose solutions that would help alleviate rising unemployment but also adjust the labor market to the demand for modern and flexible forms of work. We also analyzed measures that were chosen by the Kingdom of Denmark to suppress the consequences of the pandemic and, in our opinion, were of a sustainable nature and met the requirements of the labor market subjects.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"231 - 238"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49055801","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
Does the Slovak Republic Fulfil European Requirements on Recognition of Foreign Decisions on Custodial Sentences? 斯洛伐克共和国是否符合欧洲关于承认外国监禁判决的要求?
International and Comparative Law Review Pub Date : 2020-12-01 DOI: 10.2478/iclr-2020-0025
L. Klimek
{"title":"Does the Slovak Republic Fulfil European Requirements on Recognition of Foreign Decisions on Custodial Sentences?","authors":"L. Klimek","doi":"10.2478/iclr-2020-0025","DOIUrl":"https://doi.org/10.2478/iclr-2020-0025","url":null,"abstract":"Summary Mutual recognition of judicial decisions in criminal matters permits decisions to move from one European State to another. It is a key element for the development of judicial co-operation in criminal matters in the European Union. Its implementation, including recognition of judgments on custodial sentences, was one of the main areas of European Union activity regarding criminal justice. The Slovak Republic has implemented European requirements. The question which begs consideration is whether Slovak national law fulfils such requirements and if they are applicable in Slovak legal practice. The assessment of national implementation of European requirements on recognition of judgments on custodial sentences and its applicability in Slovak legal practice is therefore needed. The paper analyses relevant literature, legislation, case-law and related official documents of the European Union. Moreover, it compares Slovak national law with European requirements. At the outset it briefly assets historical background of the mechanism. In principle, the system works, but there is the possibility for its enhancement..","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"215 - 230"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45601141","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
Joint Tendering in the European Economic Area 欧洲经济区的联合招标
International and Comparative Law Review Pub Date : 2020-06-01 DOI: 10.2478/iclr-2020-0009
M. Petr
{"title":"Joint Tendering in the European Economic Area","authors":"M. Petr","doi":"10.2478/iclr-2020-0009","DOIUrl":"https://doi.org/10.2478/iclr-2020-0009","url":null,"abstract":"Summary The EU regulation of public procurement strives to create a set of rules that would enable the contracting authority to choose the best bid. In order to do so, it also tries to widen the circle of potential bidders by enabling their horizontal (consortia) as well as vertical (subcontracting) cooperation. Such cooperation may enable the participation of undertakings that would not be otherwise in position to bid on their own, thus increasing the number of bidders and promoting competition among them. At the same time, such arrangements may be contrary to competition law which prohibits coordination of competitors. Joint tendering is ubiquitous within the European Economic Area, and yet the case-law on its compliance with competition law is strikingly divergent. This article provides an overview of the current state of play and some suggestions for future practice.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"201 - 219"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43949840","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
“Urban Killing Fields:” International Humanitarian Law, Gang Violence, and Armed Conflict on the Streets of El Salvador 《城市杀戮场:萨尔瓦多街头的国际人道法、帮派暴力和武装冲突》
International and Comparative Law Review Pub Date : 2020-06-01 DOI: 10.2478/iclr-2020-0005
K. Ryan
{"title":"“Urban Killing Fields:” International Humanitarian Law, Gang Violence, and Armed Conflict on the Streets of El Salvador","authors":"K. Ryan","doi":"10.2478/iclr-2020-0005","DOIUrl":"https://doi.org/10.2478/iclr-2020-0005","url":null,"abstract":"Summary El Salvador is currently one of the most violent countries in the world with rates of violent death second only to Syria. With gangs running rampant and state security forces unchecked, the streets have become “urban killing fields”1 while the rest of the world has turned a blind eye to the atrocities. It is time for the international community to refocus on El Salvador and work towards a solution to this dire humanitarian crisis. To that end, it is imperative that the gang violence in El Salvador should be understood by the global community as an internal “armed conflict” under international humanitarian law. By recognizing the violence in El Salvador as an “armed conflict,” international attention to resolving this human rights tragedy will increase, and Salvadoran gang leaders and government forces can be prosecuted internationally for war crimes and crimes against humanity.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"97 - 126"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48960824","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
Transitional periods in the history of the Austrian Constitutional Court 奥地利宪法法院历史上的过渡时期
International and Comparative Law Review Pub Date : 2020-06-01 DOI: 10.2478/iclr-2020-0013
C. Hofstätter
{"title":"Transitional periods in the history of the Austrian Constitutional Court","authors":"C. Hofstätter","doi":"10.2478/iclr-2020-0013","DOIUrl":"https://doi.org/10.2478/iclr-2020-0013","url":null,"abstract":"Summary The paper deals with the long and rich history of the Austrian Constitutional Court. It focuses on the role of the Austrian Constitutional Court in times of political transitions. As written version of a lecture held in Sousse (Tunisia) it tends to outline the impact a constitutional court could have on a young democracy’s political system.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"283 - 292"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43901979","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
Influence of forced child marriage and domestic violence on mental health and well-being. Conflict of traditions and rights of Roma children 强迫童婚和家庭暴力对心理健康和幸福的影响。罗姆儿童的传统和权利冲突
International and Comparative Law Review Pub Date : 2020-06-01 DOI: 10.2478/iclr-2020-0003
Kristi Joamets, Melita Sogomonjan
{"title":"Influence of forced child marriage and domestic violence on mental health and well-being. Conflict of traditions and rights of Roma children","authors":"Kristi Joamets, Melita Sogomonjan","doi":"10.2478/iclr-2020-0003","DOIUrl":"https://doi.org/10.2478/iclr-2020-0003","url":null,"abstract":"Summary Domestic violence in forced child marriage can have impact on mental health and well-being of an adolescent. However, mental health problems are discussed less often than other negative consequences forced child marriage can cause. Although there are several international conventions, appropriate domestic law and active administrative bodies and NGOs embodying the strategies for protecting children, women and human rights, all these tools seem to be inefficient to protect children in a community practicing traditions which violate children’s rights. Article maps the available legal tools and analyses their application in European practice discussing whether these tools are effective enough to protect Roma children from domestic violence in forced child marriage and ensure their mental well-being.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"58 - 76"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42390712","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
Transaction design standards for the operationalisation of fairness and empowerment in proactive contracting 交易设计标准的公平性和授权在主动合同的运作
International and Comparative Law Review Pub Date : 2020-06-01 DOI: 10.2478/iclr-2020-0008
M. C. Solarte-Vásquez, Petra Hietanen-Kunwald
{"title":"Transaction design standards for the operationalisation of fairness and empowerment in proactive contracting","authors":"M. C. Solarte-Vásquez, Petra Hietanen-Kunwald","doi":"10.2478/iclr-2020-0008","DOIUrl":"https://doi.org/10.2478/iclr-2020-0008","url":null,"abstract":"Summary Fairness and empowerment are aspirational concepts in law. The scientific and professional legal community has not convened on their substance and the ways they can be achieved. Therefore, there is an inherent risk that the values they entail become lip services that lack determination and reliability. This section addresses the problem revisiting and expanding the Taxonomy of Legal Usability and User Experience Factors, one of the first attempts to synthetize parametric standards for transaction design. The paper adds factors and criteria that operationalise procedural legitimacy principles for transacting that increase the proactive capacities of contracting activities to prevent and/or resolve disputes. It speaks of transactions as the smallest constitutive units of all exchange relations that allow upgrades, assuming that planning, negotiating and managing contracts, as well as other legally relevant products, services, interactions, processes and systems, will benefit from an integrated epistemological perspective and its institutionalization.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"180 - 200"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43352643","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: 4
Shoot-out right 枪战吧
International and Comparative Law Review Pub Date : 2020-06-01 DOI: 10.2478/iclr-2020-0012
Viliam Janáč
{"title":"Shoot-out right","authors":"Viliam Janáč","doi":"10.2478/iclr-2020-0012","DOIUrl":"https://doi.org/10.2478/iclr-2020-0012","url":null,"abstract":"Summary The article provides a basic analysis of the shoot-out right, in particular as regards the mechanism of its functioning. The shoot-out right is an instrument for handling of conflict situations in a company, where the exercise of this right is usually connected with exit of one of the shareholders and domination of the company by the remaining shareholder. At first sight, the shoot-out right is an elegant and fair solution for overcoming a shareholder conflict, which could threaten the very existence of the company. However, this right, and in particular its exercise, brings some risks.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"265 - 282"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49256904","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
Can Multinational Corporations be responsible for human rights violation of its outsourcee company? Response of national or international law? 跨国公司能否对其外包公司侵犯人权的行为负责？国家法或国际法的回应？
International and Comparative Law Review Pub Date : 2020-06-01 DOI: 10.2478/iclr-2020-0007
Alessandro Suppa, Pavel Bureš
{"title":"Can Multinational Corporations be responsible for human rights violation of its outsourcee company? Response of national or international law?","authors":"Alessandro Suppa, Pavel Bureš","doi":"10.2478/iclr-2020-0007","DOIUrl":"https://doi.org/10.2478/iclr-2020-0007","url":null,"abstract":"Summary Nowadays, an important role in the world is played by Multinational Corporations (MNCs). They hire, produce, and influence the international economy, but also, they exploit, pollute. Their business activities might have a worldwide effect on human lives. The question of the responsibility of MNCs has drawn the attention of many scholars, mainly from the study field labelled “Business and Human Rights”. The present paper does not examine the topic under the same approach. The authors aim at presenting the issue in a broader perspective, exploring the concept of due diligence both in international and corporate law. In this paper, authors strategically use the uniformity of national legislations as a possible and alternative solution to the issue. They are aware of three fundamental factors: 1) the definition of MNCs needs to be as clear as possible, so to avoid any degree of uncertainty; 2) the outsourcing phenomenon interacts with that definition; 3) in case of no possibility to include outsourcing in the definition of MNC, the original question arises in a significant way.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"153 - 179"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47532721","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: 5
Simplified restructuring proceedings in Poland as an example of anti – crisis regulation due to the COVID-19 pandemic 简化了波兰的重组程序，作为新冠肺炎大流行导致的反危机监管的一个例子
International and Comparative Law Review Pub Date : 2020-06-01 DOI: 10.2478/iclr-2020-0014
R. Adamus
{"title":"Simplified restructuring proceedings in Poland as an example of anti – crisis regulation due to the COVID-19 pandemic","authors":"R. Adamus","doi":"10.2478/iclr-2020-0014","DOIUrl":"https://doi.org/10.2478/iclr-2020-0014","url":null,"abstract":"Summary The study discusses new legislative anti – crisis solutions adopted in Poland in connection with the COVID – 19 pandemic. The Polish legislator decided to introduce the so-called simplified restructuring procedure. This happened in the face of the expectations of both the jurisprudence of law and practice. On the one hand, the simplified restructuring procedure (the fifth independent type of restructuring procedure for an entrepreneur in Poland) allows for a quick, cheap and simplified conclusion of an arrangement with creditors outside the court, then approved by the court. On the other hand, the opening of such proceedings gives the debtor protection against enforcement at the creditor‘s request and against bankruptcy at the creditor‘s request. This procedure can be a testing ground for the concept of informalisation and acceleration of restructuring procedures.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"293 - 303"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41429446","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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