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Law without borders

Law without borders

E-book

E-book

Eva Berníková - Dominika Pisarčíková - Diana Repiščáková (eds.)

Proceedings of the International Scientific Conference of Doctoral Students and Young Researchers

At the Department of Constitutional and Administrative Law of the Faculty of Law at Pavol Jozef Šafárik University in Košice, a research team led by the principal investigator Associate Professor JUDr. Radomír Jakab, PhD., is conducting a research project entitled "Extraterritorial Effects of Foreign Administrative Decisions in the Conditions of the European Union," supported by a grant from the Scientific Grant Agency under number 1/0187/22.

The aim of this project is the scientific examination of the extraterritorial impact of administrative decisions of the EU member states on the territory of other member states, in order to assess the need, possibilities, and desirable scope of harmonizing legal regulation among EU member states to enhance the free movement of administrative decisions within the European Union. On April 27, 2023, in connection with the project, an international scientific conference of doctoral students and young researchers titled "Law Without Borders" was held, attended by doctoral students and young researchers from Slovak as well as foreign universities.

At this conference, contributions based on various legal systems were presented to highlight the interweaving and mutual influence of different legal orders. The conference featured presentations not only from positive law disciplines but also from theoretical and historical legal perspectives. Scientific papers based on these contributions were compiled in the proceedings.

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Environmentálny rozmer medzinárodných územných režimov

Environmentálny rozmer medzinárodných územných...

E-book

E-book

Lucia Bakošová (ed.)

Proceedings from the XVII Annual Student Symposium on International and European Law held on October 27, 2023.

The presented proceedings from the student symposium are part of a long-standing tradition of student symposia organized by the Institute of International Law and European Law of the Faculty of Law at Pavol Jozef Šafárik University in Košice. This seventeenth edition of the symposium, entitled "The Environmental Dimension of International Territorial Regimes," took place on October 27, 2023.

The symposium was thematically dedicated to the current and dynamically developing issue of the environmental dimension of international territorial regimes.

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Extrateritoriálne účinky cudzích správnych rozhodnutí v podmienkach Európskej únie – východiská a súčasný stav

Extrateritoriálne účinky cudzích správnych...

E-book

E-book

Radomír Jakab - Diana Repiščáková (eds.)

The collection of scientific papers was created as part of a scientific seminar entitled “Extraterritorial Effects of Foreign Administrative Decisions in the Conditions of the European Union – Starting Points and Current State,” held from November 23 to 25, 2022, at the training and educational facility in Danišovce, in connection with the implementation of a scientific project entitled “Extraterritorial Effects of Foreign Administrative Decisions in the Conditions of the European Union,” supported by a grant from the Scientific Grant Agency under No. 01/187/2022.

The aim of the mentioned project is the scientific examination of extraterritoriality, i.e., the extraterritorial effects of administrative decisions of the Member States of the European Union on the territory of other Member States, in order to assess the need for, possibilities of, and desirable scope of harmonization of the legal regulation of the Member States of the European Union, with the goal of increasing the level of free movement of administrative decisions within the European Union. As part of the research project, an initial scientific seminar was held under the title “Extraterritorial Effects of Foreign Administrative Decisions in the Conditions of the European Union – Starting Points and Current State.”

Members of the research team, who are also members of the Department of Constitutional Law and Administrative Law at the Faculty of Law of Pavol Jozef Šafárik University in Košice, participated in this scientific seminar. At the seminar, contributions were presented that primarily summarized the current state of knowledge in the area of extraterritorial effects of foreign administrative decisions in the context of the European Union. This summary will serve as a basis for the further scientific examination of this issue by the members of the research team. These contributions subsequently formed the scientific papers included in this collection.

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Európska prokuratúra v Slovenskej republike

Európska prokuratúra v Slovenskej republike

E-book

E-book

Martina Jánošíková -  Dominika Marčoková Becková (eds.)

The peer-reviewed Proceeding of Scientific Papers is dedicated to the issue of the European Public Prosecutor's Office and is the result of a scientific project APVV-18-0421 European Public Prosecutor's Office in Connections of the Constitutional Order of the Slovak Republic as Strengthening of the European Integration through Law.

In their works, the authors of scientific papers, dealt with the issue of the European Public Prosecutor's Office in the context of European Union law and criminal law, as well as the relation of the European Public Prosecutor's Office with the national prosecutor's office and law enforcement authorities. The scientific works published in the proceeding dealt with the topics of the reasons for the establishment of the European Public Prosecutor's Office, the position of the European Public Prosecutor's Office in the institutional system of the EU and the Slovak Republic, relations of cooperation and coordination between the European Public Prosecutor's Office and the Public Prosecutor's Office of the Slovak Republic, the protection of the constitutionality and legality of the procedures and decisions of the European Public Prosecutor's Office, with special attention to the protection of fundamental rights, as well as the first result and evaluation of the operation of the European Public Prosecutor's Office in the Slovak Republic.

Thanks to the content of scientific papers, the reader can get a more comprehensive idea of this new body of the European Union, which operates in an area traditionally associated with state sovereignty and represents another step forward in the integration processes represented by the European Union.

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Aktuálne otázky trestného práva z pohľadu európskeho a medzinárodného práva

Aktuálne otázky trestného práva z pohľadu...

E-book

E-book

Dominika Marčoková Becková (ed.)

Proceedings of Papers of XVIth year of the student symposium of the Institute of International Law and European Law

Proceedings of Papers of XVIth year of the student symposium of the Institute of International Law and European Law is devoted to selected aspects of the place and role of criminal law from the point of view of contemporary EU law and international law. In their contributions, students deal with current topics of criminal law in the law of the European Union and international law. In the EU law, the most actual issue is the European Public Prosecutor's Office, a body of the EU responsible for investigateing and prosecuting criminal offenses affecting the Union's financial interests.

The first part of papers dealt with the reasons for the establishment of the European Public Prosecutor's Office, its structure and tasks, the issue of conducting the investigation of the European Public Prosecutor's Office in the conditions of the Slovak Republic, as well as with the relations of the European Public Prosecutor's Office with its closest partner, the European Anti-Fraud Office.

The second part of the contributions reflects current issues and challenges of criminal law in international law. Authors in their papers focused on the issue of the International Criminal Tribunal for Ukraine, the legal problems and challenges associated with its creation, on the issue of the crime of aggression before the International Criminal Court, as well as on issues of immunity of state representatives before national courts.

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Právo fondov EÚ v teórii a praxi

Právo fondov EÚ v teórii a praxi

E-book

E-book

Alena Krunková - Simona Farkašová

Proceedings of the International Scientific Conference on EU Funds Law in Theory and Practice held on October 3, 2019, in Košice.

The conference was attended by representatives from the academic sphere, educators from the Faculty of Law at UPJŠ in Košice, who created the subject and continue to participate in its teaching. The participants included professionals from practice, such as those from the Office of the Deputy Prime Minister of the Slovak Republic for Investments and Informatization, the Office for Public Procurement of the Slovak Republic, the Supreme Audit Office of the Slovak Republic, and the Ministry of Labor, Social Affairs, and Family of the Slovak Republic. Valuable information was also shared at the conference by representatives from the Ministry of Regional Development of the Czech Republic, OECD representatives, and representatives from the European Commission's Representation in Slovakia. The presented contributions reflected current issues in a highly professional manner, identified problematic areas, and outlined suitable solutions for contentious issues.

From the individual presentations of the conference participants, it was possible to compile a work that, while not extensive in scope, is very remarkable in value. It connects theory and practice in an outstanding manner and thus expands knowledge in the still complex issue of the legal regulation of European Union funds.

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Transteritoriálne správne akty v podmienkach Európskej únie a Slovenskej republiky

Transteritoriálne správne akty v podmienkach...

E-book

E-book

Radomír Jakab - Tibor Seman - Lukáš Jančát

The concept of a transterritorial administrative act is relatively new in administrative law, especially in the conditions of the Slovak Republic. It has practical applicability to the application of European Union law (including international law). Its essence lies in the fact that the effects of such an administrative act issued within one Member State exceed the territory of that Member State, have effects in other Member States, in all Member States of the European Union without being subject to the recognition process.

The purpose of the monograph is to present outputs of the scientific examination of this type of administrative acts, the definition of its characteristics and its effects, the examination of the possibilities of procedural defense against its effects by the State concerned, and possibly the possibility of unifying the action of the Member States of the European Union in case of procedural defense against the effects of transterritorial administrative acts. The monograph also contains analysis of certain types of transterrritorial administrative acts that are commonly used in the conditions of the European union and Slovak republic; they are also categorized under specific criteria.,

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Demokracia, dôstojnosť, diverzita: Zborník z prezentácií slovenskej sekcie pred 29. svetovým kongresom IVR 2019

Demokracia, dôstojnosť, diverzita: Zborník z...

E-book

E-book

Alexander Bröstl - Marta Breichová Lapčáková (eds.)

Under the auspices of the Institute of Legal Theory of Gustav Radbruch and the Slovak Section of the International Association for Philosophy of Law and Social Philosophy (IVR), a 3D flash conference was held on May 16, 2019, at the Faculty of Law of UPJŠ in Košice. This event was primarily dedicated to the upcoming 29th World Congress of IVR in Lucerne, Switzerland. In line with the main theme of the congress, the conference focused on "Dignity, Democracy, Diversity." At the time of the conference, it was clear that the number of participants at the world congress would significantly exceed 1,000, with discussions taking place in 151 special workshops and 28 working groups.

During the congress, a round table was also announced featuring Professor Brian Tamanaha, recipient of the IVR award for best book for "Realistic Theory of Law" (Cambridge 2017), a meeting regarding the IVR Encyclopedia, a panel on academic freedom issues, and a gathering of chairs from national sections of IVR.

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Medzinárodné a európske právo v kinematografii II.

Medzinárodné a európske právo v kinematografii II.

E-book

E-book

Dominika Becková (ed.)

Proceedings of Contributions from the XIII. Year of the Student Symposium on International and European Law held on March 6, 2020, at the Faculty of Law of UPJŠ in Košice

The Student Symposium on International and European Law has its traditional place in the calendar of events at the Faculty of Law of Pavol Jozef Šafárik University in Košice. In the academic year 2019/2020, the Institute of International Law and European Law decided to continue this tradition and offer students an opportunity to present their professional opinions on selected topics and problematic issues of international and European law.

The XIII. edition of the student symposium continued from its previous year and once again focused students' attention on the institutions of international and European law depicted in films. The films processed by the participants of the symposium offer a wide range of institutions of international and European law.

In their contributions, participants addressed issues related to diplomatic law, terrorism, armed conflicts, the use of robots, environmental protection, and questions regarding the legal regime of outer space.

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Návrh metodického postupu medzinárodných mimovládych organizácií pri reakcii na katastrofy

Návrh metodického postupu medzinárodných...

E-book

E-book

Lucia Bakošová - Ľudmila Elbert - Ľubica Gregová Širicová 

Disasters, whether natural or industrial, have a serious impact on the functioning of society and are a negative phenomenon which, with the increasing impact of climate change, is increasingly affecting the sustainable development and prosperity of States. Their increasing regularity and intensity affect the current evolution not only of social life, but also of legal debates on the necessity of responding to international and national disaster response, eliminating their negative consequences and protecting affected persons. No State is immune to the occurrence of disasters, and this also applies to the Slovak Republic, which is mostly affected by sudden natural disasters, namely floods, landslides, droughts, fires, windstorms and snow calamities.

The subject of this publication is the proposal of the methodological guidelines regulating the activities of NGOs in case of disaster, as well as cooperation with the state affected by the disaster, and the glossary of legal terms which need to be clear and unified in case of disaster. Slovak and English version of the proposal is basic precondition of its usability not only for the state organs of the Slovak republic and Slovak NGOs, but also for foreign NGOs.The Proposal of the methodological guidelines is the result of the research project VVGS-PCOV 2018-459: Návrh metodického postupu mimovládnych organizácií v prípade katastrofy v podmienkach Slovenskej republiky (The Proposal of the methodological guidelines for the non-governmental organisations in case of disaster in conditions of the Slovak republic).

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Medzinárodné a európske právo v kinematografii

Medzinárodné a európske právo v kinematografii

E-book

E-book

Lucia Bakošová (ed.)

Proceedings from the XII Student Symposium on International and European Law held on March 29, 2019, in Košice

The primary goal of films or TV series is typically not to educate their audience. However, contemporary cinematography includes a significant number of works that present issues related to international and European law to both professional and general audiences.

For this reason, the Institute of International and European Law at the Faculty of Law of Pavol Jozef Šafárik University in Košice organized the XII Student Symposium on International and European Law titled "International and European Law in Cinematography," under the auspices of Professor JUDr. Ján Klučka, CSc.

The main objective of the symposium was to popularize international and European law among students through films or series. The films analyzed during the symposium could be divided into two categories: those dramatizing real events and those creating fictional scenarios incorporating aspects of international or European law. Most contributions focused on films depicting real events, such as the genocide in Rwanda in the 1990s, the Nuremberg Trials, the occupation of the U.S. Embassy in Tehran, or the legal dispute between the heir of the painting Woman in Gold and Austria. On the other hand, works like the series MASH* were also discussed; while not based on real events, it uses its narrative to portray the lives of medical personnel in a military field hospital during the Korean War.

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Prípady z medzinárodného práva verejného

Prípady z medzinárodného práva verejného

E-book

E-book

Ľudmila Elbert - Ľubica Gregová Širicová (eds.)

In addition to acquiring theoretical knowledge, it is necessary to study and analyze the decisions of international judicial and arbitration bodies in order to fully understand the subject of the Public International Law or disciplines closely related to it.

Since the Slovak literature in the field of Public International Law does not contain any electronic textbook of selected decisions of international judicial and arbitration bodies, the authors of the submitted publication aim to eliminate this gap by elaborating the “Public International Law Casebook”, which will primarily be intended for undergraduate students of the law faculties in the Slovak republic and the Czech republic.

The proposed publication seeks to make the study of international law more attractive through a publication that will make students familiar with the decisions translated into the Slovak language in a popular electronic form.

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Miesto a význam regionálnych súdnych orgánov v kontexte súčasného regionalizmu

Miesto a význam regionálnych súdnych orgánov v...

E-book

E-book

Ján Klučka et al.

The aim of the current monograph is to provide comprehensive view of the status of regional judicial organs in current conditions of regionalism. Based on selected issues examined in individual chapters research team presents the comprehensive study focused on clarification of the status and significance of regional judicial organs in terms of new regionalism.

Research of the role of regional courts in the system of peaceful settlement of disputes demonstrates the significant role of the regional courts within the promotion of the rule of law, regional integration and also significant role of regional courts to ensure legal certainty within the system of compliance with decisions of regional courts. The result of examination of possibilities of individuals to access to regional judicial organs is comparative evaluation of regional possibilities of individual to defend his/her rights within regional courts of various regions. Particular part of this area is the right to an effective remedy and to a fair trial as basic rights within the proceedings of regional judicial organs. Within the examination of preliminary rulings of international regional courts of different regions the role of regional judicial organs in the process of effective implementation of the principle of the rule of law was the subject of examination.

For the proper functioning of the regional judicial organs as well as independence of judges and legal certainty in International law, the ethical rules of international judicial organs and tribunals, which are the subject of the last chapter, are significant.

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Iniciatívy EÚ pri predchádzaní daňovým únikom a daňovým podvodom a ich implementácia do vnútroštátneho právneho poriadku

Iniciatívy EÚ pri predchádzaní daňovým únikom a...

E-book

E-book

Adrián Popovič a kol.

The possibility of solving the grant project VVGS-2016-284 has provided a unique opportunity for members of the author´s team in the interdisciplinary composition to examine the issue not only from a tax-law point of view, but also from a political point of view. In the presented monograph, the authors focused on the characterization of different aspects of the EU in order to allow the reader correctly understand its position in relation to the outside world and to its inward relations within its Member States in the context of the creation and implementation of the EU tax policy.

Particular attention is paid to the definition of the relationship between national tax legislation and EU law, the impact of the EU's tax policy on the national laws of its Member States, with reference to the identification of the harmonized areas with the approximation of their current stage of development and the final objective. This definition can be seen as a prerequisite for a correct and comprehensive understanding of the application and implementation of EU institutions' initiatives to prevent tax evasion and tax fraud and their implementation into the national legal order of the Slovak Republic. In the last part of the monograph, the authors focused on defining individual EU initiatives to combat tax evasion and tax fraud as a means of implementing its tax policy, in the area of ​​indirect taxation, in particular in the field of value added tax and in the field of direct taxation, especially with regard to corporate taxation, and to evaluate their projection into the national tax legislation of the Slovak Republic. At the same time, in these chapters, they assessed the real impact and effect of the measures admitted on the basis of the initiatives in practice.

The presented work is intended for a university student studying in the field of Tax Law and European Law, as well as the broader legal and economic community. However, in view of the scope and recency of the subject under consideration, the authors believe that the publication will find its application not only in the theoretical field but also in the practical field.

 JUDr. Adrián Popovič

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Aktuálne otázky teórie a praxe politiky a medzinárodných vzťahov

Aktuálne otázky teórie a praxe politiky a...

E-book

E-book

Linda Babušík Adamčíková - Gabriel Koscelanský - Mária Petriková (eds.)

Proceedings of the VI. Annual International Scientific Conference of Students and Young Researchers organized on May 11–12, 2017 by the Department of Political Science of the Faculty of Arts at Pavol Jozef Šafárik University in Košice, the Department of Political Sciences and Public Administration at Uzhhorod National University, the Research Institute of Central Europe, and the Res publica Association.

Presented publication is an outcome from the international scientific conference for students and young scientists that took place on 11th and 12th May 2017 at the Department of Political science, Faculty of Arts, Pavol Jozef Šafárik University in Košice. The main aim of the presented is to bring up outcomes of research of young scientists and students from Slovakia, as well as from abroad.

This conference proceedings contains 19 papers in Slovak, Czech and English language. Papers are dealing with current issues of theory and practice of politics and international relations. We can find paper analyzing globalization, international terrorism, topic of EU or development of European states. The conference proceedings contents also papers regarding the far-right parties, role of women in  politics and integration migrants in Slovak republic.

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The place, role and significance of domestic law

The place, role and significance of domestic law

E-book

E-book

Dominika Becková - Adam Giertl (eds.)

Collection of Papers of PhD. students and young researchers

Institute of International Law and European Law offered a place to PhD. students and young researchers to publish scientific outputs of their research. Submited collection of scientific contributions is the result of that initiative. Papers deal with the implementation of international law and law of the EU into the domestic legal system.

Thematically is the collection of contributions divided into several parts, that are dedicated to contributions dealing with the issues of legal theory and international and european law.

Contributions are addressing issues of human rights protection, they aim to the roles of international and supranational judiciary, environment, criminal and public law. Collection of contributions includes also chosen problems of private law and it also dedicates space for contributions focused on foreign investments.

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