Juridical Tribune-Tribuna Juridica最新文献

{"title":"The legal framework of on call duty for teleworkers","authors":"Mihaela-Emilia Marica","doi":"10.24818/tbj/2023/13/1.06","DOIUrl":"https://doi.org/10.24818/tbj/2023/13/1.06","url":null,"abstract":"Today’s Labour Law acknowledges the importance of flexibility in the individual work relationships by the widescale use of teleworking programs. However, the teleworking phenomenon proliferates in parallel with an opposite trend, by which teleworkers are less protected, as a consequence of the current practices by which they are required to respond work-related calls at any time, wherever they are, and the general standards regulating the working time are ignored. While the European Union states show obvious concern with removing such risks, the practice of the Court of Justice of the European Union, given in its interpretation of the Directive concerning certain aspects in the organization of working time, is extremely important. The present study starts from the analysis of certain points in the content of the Working Time Directive 2003/88 adopted across the European Union with regard to the working time, and goes on to provide an overview of relevant decisions issued by the CJEU on working time, then draws conclusions on the legal framework (juridical regime) of on-call duty in the case of teleworkers.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47537627","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":"Critical analysis of the failure of labour law to adequately protect atypical workers and its impact on human rights and fair labour practice","authors":"Mojapelo Mogohloro Raguel, K. Odeku","doi":"10.24818/tbj/2023/13/1.05","DOIUrl":"https://doi.org/10.24818/tbj/2023/13/1.05","url":null,"abstract":"In the workplaces, the work force being employed by private entities and contract workers are facing various unfair labour practices and as such excluded from labour protection law. Instances of human rights abuses abound, and these have severe socioeconomic implications on atypical workers. This paper examines how atypical workers face inhuman treatment, discrimination and denial of basic labour rights and benefits in the workplace. The paper also looks at whether there is any semblance of labour protection extended to atypical workers. It is observed that such interventions have not provided strong protection for atypical workers hence they are still exposed to various labour vulnerabilities, discrimination, mistreatment, abuses and denial of benefits and socio and economic securities.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43202624","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 influence of jurisprudence on the formation of relations between the manager and the limited liability company","authors":"T. Peráček, Michal Kaššaj","doi":"10.24818/tbj/2023/13/1.04","DOIUrl":"https://doi.org/10.24818/tbj/2023/13/1.04","url":null,"abstract":"The procedure and internal functioning of a limited liability company in the conditions of the Slovak Republic seemed to be a long-settled question. However, the opposite is true. We were particularly interested in the question of how a de facto non-existent person can act and thereby have certain rights and obligations. As part of the study, we came across numerous jurisprudence, which completes our understanding of the term executive and also defines the framework of his actions. A very important issue is the definition of the relationship between the limited liability company and the manager. The reason is the fact that it is a business-legal relationship and therefore the protection provided to this relationship is lower compared to civil-law relationships or labor relations. In addition to the examination of a limited liability company and its manager, we focus primarily on a critical analysis of the commercial and labor law relationship between the manager and the limited liability company. To achieve our goal, we use several scientific methods designed for the study of law, such as analysis, synthesis, comparison, deduction, description. In conclusion we will critically evaluate the results of our investigation, we will compare the development of Slovak, European and Czech jurisprudence in the context of its influence on the investigated issue. At the same time, we answer the research question whether it is possible to perform the function of an executive on the basis of an employment contract.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44305725","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":"Ecocide - a new crime under international law?","authors":"Juraj Panigaj, E. Bernikova","doi":"10.24818/tbj/2023/13/1.01","DOIUrl":"https://doi.org/10.24818/tbj/2023/13/1.01","url":null,"abstract":"It is indisputable that ignorance, or lack of interest, as well as underestimation of the importance of environmental protection, has an impact not only on the quality of the environment but also poses a significant risk to human health, as well as all other organisms on Earth. It is for this reason that the issue of environmental protection is increasingly discussed, topical and desirable not only at the level of individual states but also within the international community. Taking into account the above, it is for this reason that the issue of environmental protection is increasingly discussed, topical and desirable not only at the level of individual states but also within the international community. Taking into account the above, the authors in the presented article deal with a critical assessment of the appropriateness of the proposal contained in the embedding of the special crime of ecocide originating from 2021 in the Rome Statute, including the formulation of appropriate de lege ferenda proposals.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44208182","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":"Legal nature of the principle of legal certainty as a component element of the rule of law","authors":"O. Shcherbanyuk, V. Gordieiev, L. Bzova","doi":"10.24818/tbj/2023/13/1.02","DOIUrl":"https://doi.org/10.24818/tbj/2023/13/1.02","url":null,"abstract":"One of the main elements of the rule of law is the principle of legal certainty, which provides, inter alia, that in any dispute, a court decision that has entered into force cannot be called into question. The subject of the most discussed today constitutional principle of legal certainty is today seen as a structural element of the rule of law, necessary for the stabilization of legal relations and systems in which the judiciary and courts play an important role. The principle is the main commandment of the system, its true basis; disposition, which radiates different norms, composing their spirit and serving as a criterion for their precise understanding and reason, precisely because it determines the logic and rationality of the normative system, in that it gives it a tonic and gives it a harmonious meaning. The principle is a constitutional category, and there are several that relate to the process. The purpose of this article is to highlight the need to adhere to the principle of legal certainty in various aspects of foundation and understanding that cover a modern topic, starting with the undeniable theoretical and conceptual evolution of its basis and evaluative nature, which, in a more complex and complex form, years has meant a kind of set of content and conditions that are interrelated for the regulation of life between individuals and state institutions, which is a guarantee of the stability of law. The case is relevant because of the complexity of the relations prevailing in the postmodern world, with undeniable insecurity and unpredictability today, especially in the political, social, economic and legal spheres, the reflexes of which in law are even more obvious. From the constitutional principles of equality and justice follows the requirement of certainty, clarity and unambiguity of the legal norm, as otherwise can not ensure its uniform application, does not preclude unlimited interpretation in law enforcement practice and inevitably leads to arbitrariness. Legal certainty is becoming an increasingly important and significant factor in law-making and law enforcement processes. Numerous decisions of the European Court of Human Rights against Ukraine, which have a direct indication of non-compliance by the state with this principle, allow us to qualify the commented legal idea as a fundamental and independent phenomenon. Legal certainty, as it follows from the texts and interpretations of judges, means clarity, certainty and accessibility of the legal standard.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43430638","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":"Considerations devoted to the Polish solution of the statutory threat\u0000of punishment for counterfeiting money or its surrogate and crimes\u0000related to such counterfeiting against the background of European\u0000solutions - de lege lata remarks and postulates de lege ferenda","authors":"Maciej Błotnicki","doi":"10.24818/tbj/2022/12/4.06","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/4.06","url":null,"abstract":"The article's purpose is to present partial research results devoted to the issue of\u0000criminal liability for counterfeit money or its surrogate and crimes related to such imitation.\u0000Partial results refer to the issue of the limits of the statutory threat of criminal punishment in\u0000various European countries. The analysis presented made it possible to distinguish the\u0000models preferred by the legislator for determining the criminal sanction for the indicated\u0000crimes. Moreover, those variants of sanctions (taking into account the lower and upper limits\u0000of the threat) that are most often used in legislative practice were indicated. The\u0000considerations led to the formulation of de lege ferenda postulates in terms of modification\u0000of the Polish Criminal Law. The research uses theoretical and dogmatic methods of\u0000analyzing the legal text of criminal statutes and the comparative law method.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42475347","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":"Forensic examination in cases on the protection of human rights\u0000in the sphere of healthcare in Ukraine: legal issues","authors":"O. Shevchuk, N. Matyukhina, S. Davydenko, Oleksandr Lysodyed","doi":"10.24818/tbj/2022/12/4.08","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/4.08","url":null,"abstract":"The article analyzes the features of the appointment and conduct of forensic\u0000examinations carried out in the process of protecting human rights in the healthcare sector.\u0000In this work, a system of general scientific and special methods was used to achieve the goal\u0000of the study. The content of such categories as \"medical care\", \"forensic examination\",\u0000\"expert\", \"medical error\", \"medical error\", \"defect in the provision of medical care\" is\u0000disclosed, their place in the general classification of offenses in medical activity is indicated,\u0000types of legal liability for professional offenses in the healthcare sector. The tasks, object and\u0000stages of conducting forensic examinations carried out in the process of protecting human\u0000rights in the field of healthcare have been established, problematic legal issues related to\u0000these examinations have been identified, and directions for their solution have been\u0000proposed. The stages of conducting forensic examinations carried out in the process of\u0000protecting human rights in the healthcare sector are identified, namely: (1) preparatory; (2)\u0000organizational; (3) main; (4) the final. It is concluded that the forensic examination carried\u0000out in the process of protecting human rights in the healthcare sector is an effective\u0000procedural technique for proving professional offenses of medical workers.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48259768","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":"Sustainable business in the European economic area","authors":"Jana Kajanová, Silvia Matúšová, P. Nováček","doi":"10.24818/tbj/2022/12/4.04","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/4.04","url":null,"abstract":"The European Green Deal creates a framework for sustainable business and for the\u0000implementation of new models of business and service provision. Sustainable business\u0000promoted by the European Union is determined by the enforcement of common measures in\u0000all EU member states. The paper aims to clarify a new business model, namely a sustainable\u0000business model, adopted by business companies which incorporate sustainability into the\u0000management and management systems of the company and make managerial decisions with\u0000regard to the protection of human rights and the protection of the environment. By using\u0000scientific methods such as a systematic analysis of valid legislation framework of sustainable\u0000business, a survey of factors influencing sustainable business, synthesis of acquired\u0000knowledge, and the comparison of acquired data, the authors formulated recommendations\u0000regarding sustainable business. A key aspect of sustainable business is the business\u0000environment, based on the principles of fairness, transparency, environmental sustainability,\u0000decent work and human dignity. Sustainable businesses are a benefit to the economy of each\u0000EU member state and a source of growth and employment. The benefit of the paper is to\u0000highlight of the EU activities, promoting sustainable development and the transition of\u0000economies and business companies to sustainability.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43913004","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":"Considerations on the protection of teleworkers, in light of the current\u0000European regulations. Elements of comparative law","authors":"Mihaela-Emilia Marica","doi":"10.24818/tbj/2022/12/4.05","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/4.05","url":null,"abstract":"The proliferation of the teleworking phenomenon entails a number of aspects, such\u0000as the organization of working time or the work safety and health of teleworkers, which are\u0000not fully covered by the current legislation. This puts teleworkers at an increased risk of\u0000being treated less favorably than regular workers and implicitly calls for additional\u0000protective measures for teleworkers. Consequently, the present paper offers an overview of\u0000the main legislative documents adopted by the European Union, which concern teleworkers\u0000directly or indirectly, in order to ascertain the extent to which the current legislative\u0000standards meet the specific needs of the teleworkers. Also relevant for this aim is the\u0000comparative law analysis which demonstrates how some states of the European Union have\u0000increased their efforts to amend their legal systems, in order to eliminate the discriminatory\u0000practices detrimental to teleworkers and to enhance the protection they enjoy. The study\u0000presents the different legislative perspectives of Germany, France, Spain, Italy.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43683353","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":"Relationship between EU law and national law in the context\u0000of case law of judicial bodies","authors":"Daniela Nováčková, Jana Vnuková","doi":"10.24818/tbj/2022/12/4.07","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/4.07","url":null,"abstract":"ing from the membership in the EU responsibly and to assist in carrying out tasks\u0000flowing from the Treaties and to achieve the Union´s objectives in accordance with the\u0000principle of sincere cooperation. This scientific thesis points out the responsibility of Member\u0000States to fulfil their obligations in bona fide in accordance with principle pacta suntservanda\u0000and it refers to well established case law of the Court of Justice of the EU clarifying the\u0000application primacy of EU law over national laws. At the same time it opens the discussion\u0000about decisions of constitutional courts related to the primacy of EU law in some EU Member\u0000States, in particular in Germany and Poland. This scientific thesis points out the significance\u0000of EU law in the process of further deepening of European integration and promoting rule\u0000of law values common to the EU Member States.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48930112","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}