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Societas et Iurisprudentia最新文献

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The Absence of the Employee due to the Medical or Diagnostic Examination of His or Her Child 雇员因其子女的医疗或诊断检查而缺勤
Societas et Iurisprudentia Pub Date : 2023-08-01 DOI: 10.31262/1339-5467/2023/11/2/43-55
M. Švec, Andrea Olšovská
{"title":"The Absence of the Employee due to the Medical or Diagnostic Examination of His or Her Child","authors":"M. Švec, Andrea Olšovská","doi":"10.31262/1339-5467/2023/11/2/43-55","DOIUrl":"https://doi.org/10.31262/1339-5467/2023/11/2/43-55","url":null,"abstract":"According to the current Slovak legislation, which also determines the conditions for important personal obstacles at work, the employer is obliged to excuse the absence of an employee for the reason of accompanying his or her child to a medical facility for examination or treatment. The scientific paper deals with situations where it is necessary for an employee to accompany a child to various other diagnostic examinations which are not carried out in medical institutions. These obligations are imposed by specific legislation and must be fulfilled by the employee as the legal representative of minors in compulsory schooling or pre-primary education in relation to establishments operating under the education regulations. However, there is no excuse for the absence of an employee in the Labour Code or in other legislation in the area of education. Since these cases cannot be explicitly covered by any statutory regulation of personal obstacles to work on the part of the employee, a dispute arises in application practice between the employee and the employer as to the justification for the employee’s absence from work. This is also based on incorrect information provided by the education’s authorities who instruct the legal representatives that the employer must excuse the absence, as their child is undergoing certain examinations.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127787446","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
Regulation of Unfair Contract Terms in Central and Eastern European Countries 中东欧国家对不公平合同条款的规制
Societas et Iurisprudentia Pub Date : 2023-08-01 DOI: 10.31262/1339-5467/2023/11/2/21-42
M. Hulmák
{"title":"Regulation of Unfair Contract Terms in Central and Eastern European Countries","authors":"M. Hulmák","doi":"10.31262/1339-5467/2023/11/2/21-42","DOIUrl":"https://doi.org/10.31262/1339-5467/2023/11/2/21-42","url":null,"abstract":"The paper summarizes results of a comparison of unfair clause legislation in the Central and Eastern European countries. In the introductory part, the development of the regulation of unfair terms, the sources of inspiration as well as the different approaches in traditional civil law countries are described. Subsequently, the regulations in the Czech Republic, Slovakia, Hungary, Poland, Romania, Slovenia, Serbia and Croatia are compared. The contemporary regulation is based on the minimum standards of the Council Directive 93/13/EEC of 5 April 1993 on Unfair Terms in Consumer Contracts. Nevertheless, the scope of protection varies in its effects in particular states (e.g. scope of applicability, nature and number of prohibited clauses). The increasing importance of public authority in enforcement is evident. In the countries compared, protection against unfair terms is not limited only to consumer contracts, but it applies in different extent to some others as well.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114156023","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
Occupational Accident and Occupational Disease as an Obstacle to Work on the Employee’s Side – the Czech Perspective 从捷克的角度看，职业事故和职业病是员工工作的障碍
Societas et Iurisprudentia Pub Date : 2023-08-01 DOI: 10.31262/1339-5467/2023/11/2/69-90
K. Štěpánková
{"title":"Occupational Accident and Occupational Disease as an Obstacle to Work on the Employee’s Side – the Czech Perspective","authors":"K. Štěpánková","doi":"10.31262/1339-5467/2023/11/2/69-90","DOIUrl":"https://doi.org/10.31262/1339-5467/2023/11/2/69-90","url":null,"abstract":"In the paper, the author deals with the issue of the current jurisprudence of the Supreme Court of the Czech Republic regarding the employee’s right to wage compensation due to an obstacle to work on the employer’s side in the case the employer does not assign work to this employee according to the employment contract due to his or her common illness. She then assesses the relevance and applicability of these opinions in relation to occupational accidents and occupational diseases. At the same time, she bases her conclusions not only on the interpretation of the applicable Czech legislation, but also on a whole range of case law. In the conclusions, she also deals in detail with the employer’s obligation to transfer such an employee to another suitable job for him or her. The fact whether the employer has another suitable job available for the employee (and decides of his or her own free will not to transfer the employee to it) or, on the contrary, does not have another suitable job available for the employee is, in the opinion of the author, a key distinguishing criterion for considering whether the non-assignment of work by the employer should be assessed as an obstacle to work on the employer’s side (with the right to wage compensation) or as an obstacle to work on the employee’s side.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133113546","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
Between Scylla and Charybdis – Lawyers of the High Judge Conference in 1861 在Scylla和Charybdis之间——1861年高级法官会议的律师
Societas et Iurisprudentia Pub Date : 2023-08-01 DOI: 10.31262/1339-5467/2023/11/2/56-68
Imre Képessy
{"title":"Between Scylla and Charybdis – Lawyers of the High Judge Conference in 1861","authors":"Imre Képessy","doi":"10.31262/1339-5467/2023/11/2/56-68","DOIUrl":"https://doi.org/10.31262/1339-5467/2023/11/2/56-68","url":null,"abstract":"With the proclamation of the October Diploma in 1860, Emperor Franz Joseph partially restored the Hungarian constitutional order. As soon as the decision had been made that the Hungarian judiciary was to be revived, the newly formed courts of law in the counties began to operate on the Hungarian laws. The issues presented themselves fairly quickly, since the Austrian laws enacted in the 1850s made so fundamental changes to the legal system that it seemed impossible to reinstate the Hungarian laws without any changes. A conference was convened by the highest-ranking judge of the country in January 1861, and its members had to resolve this seemingly impossible situation. Between Scylla (keeping the unconstitutionally introduced Austrian legal norms) and Charybdis (reinstating the “old” Hungarian laws at the expense of legal certainty), they had to find a way to restore the Hungarian legal order in such way that it would not harm the rights of the citizens.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129287344","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
Whistleblower Protection in Poland – Analysis of the Situation of Polish Officers and Professional Soldiers 波兰的举报人保护——波兰军官和职业士兵状况分析
Societas et Iurisprudentia Pub Date : 2023-05-01 DOI: 10.31262/1339-5467/2023/11/1/67-88
Małgorzata Grześków
{"title":"Whistleblower Protection in Poland – Analysis of the Situation of Polish Officers and Professional Soldiers","authors":"Małgorzata Grześków","doi":"10.31262/1339-5467/2023/11/1/67-88","DOIUrl":"https://doi.org/10.31262/1339-5467/2023/11/1/67-88","url":null,"abstract":"This paper presents the legal situation of whistleblowers employed as professional soldiers and officers of militarized services in Poland. The starting point of the study is to show the specific nature of employment in the services and to identify the risks that can occur in these organizations. The paper critically analyses the international and European Union solutions that do not regulate in any special way the protection of whistleblowers employed as soldiers and officers. The study also points out the lack of adequate protection at the level of the Polish domestic law. At the same time, it is noted that the ongoing work to implement the Directive (EU) 2019/1937 of the European Parliament and of the Council on the Protection of Whistleblowers does not seem to be moving in the direction of increasing this protection. The study also shows significant differences in solutions for the protection of whistleblowers at the national level, which may be due to the cultural and historical conditions.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128825072","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
Liability of the Holder of a Public Office in an Independent Body for Unlawful Decisions, Using the Example of the Czech Television Council 独立机构公职人员对非法决定的责任，以捷克电视委员会为例
Societas et Iurisprudentia Pub Date : 2023-05-01 DOI: 10.31262/1339-5467/2023/11/1/50-66
M. Štefko
{"title":"Liability of the Holder of a Public Office in an Independent Body for Unlawful Decisions, Using the Example of the Czech Television Council","authors":"M. Štefko","doi":"10.31262/1339-5467/2023/11/1/50-66","DOIUrl":"https://doi.org/10.31262/1339-5467/2023/11/1/50-66","url":null,"abstract":"The aim of this paper is to analyse the appropriateness of the legislative regulation of the protection of a member of an independent administrative body exercising public oversight over a certain agenda or institution in the event that it makes an illegal or factually incorrect decision, in terms of the practical problems that this regulation raises. Put simply, it is a question of who is watching the watchdog. If the gatekeeper is complicit in an illegal decision or maladministration, who will drive him or her to seek justice? And is the protection of the holder of a public office sufficient? The research will be conducted on an illegal decision of the Czech Television Council that has been subject to judicial review by the Czech administrative courts.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128035765","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
A Criminological Perspective of the Economic Crimes in Particular Cases of Money Laundering and Tax Evasion 洗钱、偷税等特殊案件中经济犯罪的犯罪学视角
Societas et Iurisprudentia Pub Date : 2023-05-01 DOI: 10.31262/1339-5467/2023/11/1/38-49
Djulieta Vasiloi
{"title":"A Criminological Perspective of the Economic Crimes in Particular Cases of Money Laundering and Tax Evasion","authors":"Djulieta Vasiloi","doi":"10.31262/1339-5467/2023/11/1/38-49","DOIUrl":"https://doi.org/10.31262/1339-5467/2023/11/1/38-49","url":null,"abstract":"Analysing from the point of view of criminology, the theoretical framework of economic crimes is currently implemented to highlight the investigative activity of those who are interested in approaching the phenomenon in a multidisciplinary context. They primarily involve the criminologists and are secondly organized around their efforts provided both at the European and international levels in finding adequate solutions to combat and to control the phenomenon of these crimes. The main activity in the field of criminological research is then related to maintaining high level of suppressive measures adopted by the domestic authorities, in accordance with the European and international ones, in purpose to gather such a result. The current paper is focused on the most relevant issues in the field of approaching serious crimes from a criminological point of view. The special focus of the research activity is that of analysing the crimes of money laundering and tax evasion, knowing that, in the area of economic crimes, they are the most dangerous phenomenon that existed in practice.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129970399","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
Frumarová, Kateřina, Tomáš Grygar, Zdeněk Koudelka, Lukáš Potěšil, Olga Pouperová, Radovan Suchánek and Martin Škurek: Administrative Justice. Praha: Leges, 2022. 671 p. ISBN 978-80-7502-611-8
Societas et Iurisprudentia Pub Date : 2023-05-01 DOI: 10.31262/1339-5467/2023/11/1/89-93
Tomáš Čičmanec
{"title":"Frumarová, Kateřina, Tomáš Grygar, Zdeněk Koudelka, Lukáš Potěšil, Olga Pouperová, Radovan Suchánek and Martin Škurek: Administrative Justice. Praha: Leges, 2022. 671 p. ISBN 978-80-7502-611-8","authors":"Tomáš Čičmanec","doi":"10.31262/1339-5467/2023/11/1/89-93","DOIUrl":"https://doi.org/10.31262/1339-5467/2023/11/1/89-93","url":null,"abstract":"Reviewing the scientific monograph Frumarová, Kateřina, Tomáš Grygar, Zdeněk Koudelka, Lukáš Potěšil, Olga Pouperová, Radovan Suchánek and Martin Škurek: Administrative Justice.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126789973","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-German Dispute over WWII Reparations 波兰和德国在二战赔款问题上的争端
Societas et Iurisprudentia Pub Date : 2023-05-01 DOI: 10.31262/1339-5467/2023/11/1/21-37
R. Adamus
{"title":"Polish-German Dispute over WWII Reparations","authors":"R. Adamus","doi":"10.31262/1339-5467/2023/11/1/21-37","DOIUrl":"https://doi.org/10.31262/1339-5467/2023/11/1/21-37","url":null,"abstract":"This study concerns the dispute between Poland and Germany regarding war reparations for losses caused in Poland in the years 1939 – 1945. The author pointed to the relevant acts of international law. This applies to the so-called Potsdam Agreement, the declaration of the Union of Soviet Socialist Republics (hereinafter referred to as the “USSR”) on the resignation of claims against Germany, the declaration of the government of the People’s Republic of Poland on the resignation of claims, the German unification treaty. As well as in the study, the substantive position that may be presented by Poland was indicated. After the end of the World War II, there was no peace agreement between the defeated Germans and members of the anti-German coalition. This was due to emerging political differences between the victorious states. What is significant in the case is the fact that the Polish war losses were not covered in full. There are reasons to believe that Poland’s renunciation of claims in year 1953 (with effect from January 1, 1954) was invalid.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125660063","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
Legal Presumption of Existence of an Employment Relationship in the Context of the So-called Digital Labour Platforms 所谓数字劳动平台背景下雇佣关系存在的法律推定
Societas et Iurisprudentia Pub Date : 2022-12-01 DOI: 10.31262/1339-5467/2022/10/4/71-88
Tintěra Tomáš
{"title":"Legal Presumption of Existence of an Employment Relationship in the Context of the So-called Digital Labour Platforms","authors":"Tintěra Tomáš","doi":"10.31262/1339-5467/2022/10/4/71-88","DOIUrl":"https://doi.org/10.31262/1339-5467/2022/10/4/71-88","url":null,"abstract":"The paper deals with the current proposal for a directive of the European Parliament and of the Council regarding the improvement of working conditions when working through digital platforms. The presented text is focused in particular on the legal presumption of the existence of an employment relationship between a digital labour platform and a person who performs work through the platform if the digital labour platform controls certain elements of the performed platform work.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134573519","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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