Medzinárodné právo súkromné

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Ľudmila Pošiváková -  Zuzana Antošová - Milan Kočan (eds.)

Proceedings from the Student Debate held on April 24, 2013, at the Faculty of Law of Pavol Jozef Šafárik University in Košice.

In the current period, the rule of law is widely debated both at the academic and political levels. This debate is not only related to the effort to establish the Rule of Law in states that have transitioned from socialist to democratic systems but also in states experiencing various unrests, whether political or religious.

However, it is not just a debate about certain characteristics of the Rule of Law that are missing in domestic law or at the level of international law, but also a debate about the very definition and meaning of the Rule of Law. The rule of law can be likened to an ideal that almost every state strives to achieve. Even in the case of the establishment of the independent Slovak Republic, the framers decided to include among the introductory provisions, which should form the core of the constitution, that the Slovak Republic is a state governed by the rule of law.

However, to achieve the ideal of the rule of law, it is necessary not only to declare it but also to adopt measures essential for an independent judiciary, democracy, the effective enforcement of human rights, the separation of powers, and many other elements that characterize a state governed by the rule of law.

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Kristián Csach - Ľubica Širicová

Private international law has undergone dramatic changes in recent periods. The fully operational process of communitarization of this legal field has not yet – and perhaps could not have been – effectively reflected by domestic legislators. Under the current legal status, it is not uncommon for legal issues to intertwine regulations of community origin and domestic legislation (embodied primarily by Act No. 97/1963 Coll. on Private International Law and Procedure).

Questions about the obsolescence of some provisions of this, until recently, universal codified regulation of private international law arise mainly (but not exclusively) from the conflict rules contained in the so-called "Rome I" Regulation on the law applicable to contractual obligations, the "Rome II" Regulation on the law applicable to non-contractual obligations, and most recently in Council Regulation (EC) No. 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition, and enforcement of decisions and cooperation in matters relating to maintenance obligations.

Respecting the principle of the primacy of generally binding acts of the Community over domestic law, the correct application of normative texts cannot be achieved without the ability to quickly navigate through the norms and subsequently compare them.

Students and anyone else are therefore confronted with a multitude of legal regulations of substantial scope and detailed regulation. Currently, apart from systematically arranged references on the websites of the Ministry of Justice, we do not find a comprehensive material that would offer an overview of legal regulations in the field of private international law and procedure.

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Valéria Ružičková (ed.)

Proceedings of the XIVth Student Symposium on International Law and European Law.

For the XIV Year of Student Symposium on International Law and European Law under the topic „Artificial Intelligence from the Perspective of Law“, students of the Faculty of Law and the Faculty of Science prepared several papers regarding current questions related to the ongoing development of the artificial intelligence. From the legal point of view, the papers regard the importance of the artificial intelligence in human activities in space, its impact on fundamental rights, development of new human rights in relation to its application in healthcare and nursing care as well as personal data protection while making use of the artificial intelligence.

Apart from the papers concerning the artificial intelligence from the legal perspective, two of the papers regard the artificial intelligence from the scientific perspective, explaining the importance of the artificial intelligence in localization in indoor environment as well as its importance in prediction of healthcare costs.

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Adam Giertl - Ľudmila Elbert

Collection of Papers from the 8th Student Symposium held on April 20–21, 2015 in Danišovce

The capture of the historic Syrian city of Palmyra by fighters of the radical Islamic State caused shock among the global public. The main reason is the barbarism with which this organization proceeds, not only in relation to the treasures of the world’s cultural heritage. The situation in the Middle East, where cultural treasures of inestimable value are under direct threat, demonstrates how fragile the world’s cultural heritage is. The reaction of the international public and world leaders shows how sensitively the destruction of cultural heritage is perceived.

The quoted statement chosen by the editors relates to the threat posed by the Islamic State—however, the spirit of this statement can be applied to any cultural wealth that forms part of the world’s cultural heritage. The destruction or damage of these values primarily represents a loss for humanity as such. Each destroyed artifact of world cultural heritage signifies the disappearance of a unique legacy left by previous generations for the future. At the same time, cultural heritage must be understood as a broad spectrum of assets—both tangible and intangible. Their legal protection was the topic of this year’s symposium. As with any social interest, the protection of cultural heritage can be ensured through various mechanisms and under different forms of social organization.

These diverse approaches are unified by law as a normative system. The question for the 8th year of the symposium on international law was what role international law plays in the protection of cultural heritage. In the context of the European region, the role of the European Union as a regional organization was examined.

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Ján Klučka(ed.)

Collection of Papers from the International Scientific Conference Held on May 29–30, 2014 at the Faculty of Law, Pavol Jozef Šafárik University in Košice.

In the first half of this year, a scientific conference entitled “10 Years in the EU: Relations, Questions, Issues” was held in Košice, and the contributions from this event constitute the content of the present collection bearing the same name.

The aim of the organizers—namely, the Slovak Association of European Law, the Representation of the European Commission in the Slovak Republic, and the Institute of European Law together with the Department of International Law of the Faculty of Law at Pavol Jozef Šafárik University—was not only (even if loosely) to follow up on the previous 2009 conference “Community Law in Slovakia – Five Years ‘After’”, but, after another five years, to continue its main objective: to provide participants from both the academic and non-academic community with a space for further analysis and exchange of views on legal issues related to the membership of the Slovak Republic in the European Union and various current issues of the Union’s legal order.

From this perspective, a shift in the overall focus of the conference contributions in 2009 and 2014 can be observed. While the contributions from the first conference focused primarily on various aspects of the application of Union law in the Slovak legal system and related application problems, especially before courts and other authorities, the basic orientation of the contributions from the second conference is already different. The present collection also confirms that the contributions focus primarily on current issues of the European legal order and on certain aspects of the Union’s external policy, while the relationship of Union law to the Slovak legal system is no longer given primary attention.

Several contributions focus on areas characterized by a certain overlap or “cohabitation” of Union law with public international law, private international law, or, more broadly, international relations.

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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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Adam Giertl - Ľubica Gregová Širicová (eds.)

Proceedings from the 5th Student Symposium held on April 21-22, 2013

The French delegate to the Commission on Human Rights, while discussing the inclusion of the term "media" in the article on freedom of expression in the draft of the International Covenant on Civil and Political Rights, wisely urged other members of the commission to be forward-looking regarding the information media of the future.

The discussion took place in 1950, when delegates could not yet foresee the impact of the internet on social relations. Given that it is now clear that information technologies significantly influence law, including international law, the organizers of the student symposium decided to dedicate its sixth edition to the theme "Information Society and International Law."

Students of the Faculty of Law, after registering for the symposium, first focused on preparing their contributions, with each participant having access to a consultant if needed. This year, the list of consultants, in addition to members of the Institute of European Law and the Department of International Law, was expanded to include an expert in intellectual property law, Mgr. Martin Husovec, a graduate of our Faculty of Law and currently an IMPRS-CI doctoral student at the Max Planck Institute for Intellectual Property and Competition Law. We also take this opportunity to thank him for dedicating his time to the students and providing them with valuable advice in preparing their contributions. After the preparatory phase, the symposium itself took place, with the aim of presenting the prepared contributions and discussing them.

The presented contributions reflected a wide range of intersections between international law and the information society.

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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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Juraj Panigaj (ed.)

Collection of Contributions from the XVth Student Symposium on International Law and European Law, held on April 22, 2022, in a hybrid format, with the participation of students from the Faculty of Law of Pavol Jozef Šafárik University in Košice and the Faculty of Law of Trnava University in Trnava.

The jubilee XV. year of student symposium from international and European law took place at the University of Pavol Jozef Šafárik, faculty of law, on April 22, 2022, symbolically on Day Earth. This year's event was dedicated to the increasingly pressing issue of environmental protection. The topic "Green ambitions in the light of European and international law" appealed to many students, resulting in several interesting contributions, falling under both European Union law and international law. European law currently brings great challenges, but also expectations through the European Green Deal. This is also why several student contributions dealt with topics falling under the European Green Deal, either from the point of view of its individual initiatives in general, or more specifically, in the intentions of Agenda 2030, or the implementation of the so-called green diplomacy.

The other part of contributions dealt with environmental protection within international law. Students addressed issues of an environmental nature in the areas of climate change, international maritime law, atmospheric protection, or the issue of so-called climate refugees. The publication itself is an output of the APVV project APVV-20-0576 "Green ambitions for sustainable development (European Green Deal in the context of international and national law)".

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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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Elena Lazoríková - Adrián Popovič - Anna Románová

Reviewed proceedings of scientific papers

The Proceedings presents papers from international scientific conference “The Condition of Public Finances in the EU and their Future Perspectives” held on June 2 – 3, 2022 in Košice, Slovakia and is published as a partial outcome of the implementation of the VEGA project No. 1/0485/21: "Simultaneity and possibilities of reforming the system of own resources of the EU budget (legal and economic aspects also in the context of the consequences of the COVID-19 pandemic)" and VEGA project No. 1/0214/21: "Real Property Tax - Legal Status and Potential".

The proceedings consist of contributions from conference participants divided into two thematic sections: “The EU Budget” and “Real Estate in Taxation.” While the first section addresses both the revenue side of the EU budget (particularly in the context of the own resources system), as well as its expenditure side and its relationship to other budgets, the second section focuses on real estate as the subject of specific regulations under various taxes, including those that directly tax real estate through a tax of the same name.

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Ján Klučka - Ľudmila Elbert

The present monograph "Regionalism and its Contribution to General International Law" was written at the Institute of European Law and Department of International Law, Faculty of Law, Pavol Jozef Safarik University in Kosice, as a part of the project (APVV-O823-11) carried out in 2011-2015, representing one of its final publication utputs. 

The main reason for choosing the topic was to evaluate regionalism in its various relationships and forms with respect to international law, and also to evaluate the place,importance and duties of international law in respect to the establishment and functioning of various forms of regionalgroups.

It is a fact that even though a lot of attention has been paid to regionalism, a more complex evaluation of the impact it has had on international law, and vice versa, is still lacking. The efforts of the present monograph are to partially eliminate this gap.

After giving a brief insight into how regionalism has developed, its content and terminology, the monograph studies in more details individual types of regionalism in the form of old and new regionalism, as well as treaty and institutional regionalism; its specifications and contributions to the international law.

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Alexander Bröstl - Marta Breichová Lapčáková (eds.)

The presented Collection Volume is dedicated to three framework areas, namely justice, community and freedom. These are the thematic areas of the 30th IVR World Congress, on the occasion of which a meeting of its Slovak section was held. The published contributions focus on the main topic of the congress, which is also the central topic of legal and social sciences. Thus, in the Collection we will find reflections on the freedom of the individual in society, its various shades of meaning and forms. The question of the organization of social relations in the form of the degree of participation of citizens in state power in the context of the democratic form of government and its current challenges should not be neglected either. Thus, the institutions of direct and indirect democracy, the dangers of the lures of the so-called totalitarian democracy, or the question of identities in a postmodern pluralistic society. The question of justice in procedural law is not avoided either.

The collection thus provides the reader with a wide area of research from legal-philosophical questions, through questions of the theory of the constitutional state, to their application in legal practice. Geographically, it maps the events in the Central European and wider European area with an impact on their global dimension. The publication can thus become a useful source of knowledge and current developments in jurisprudence and its main topics with the aim of a better understanding of social reality.

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Ľudmila Pošiváková - Adam Giertl

The presented selection of public international law documents aims to map international law from both historical and sectoral perspectives. The reader will find several historical documents in this collection, but the focus is primarily on currently valid legal sources.

The selection is guided by the publication Public International Law – General and Special Part by Prof. Ján Klučko, which is reflected in the division into general and special parts. The general part addresses the historical development of international law but primarily focuses on the protection of individuals and responsibility relationships in international law. The special part then examines the international regulation of various institutions of international law.

We acknowledge that this selection offers room for expansion, but we believe it meets basic requirements and fills a certain gap in the study of international law.

We trust that this collection of public international law materials will be beneficial for students, and not only for them, in the study of public international law and will contribute to raising awareness in this field.

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Ján Klučka - Ľuboslav Sisák - Laura Gazdagová (eds.)

This publication captures the conference proceedings of the international scientific conference "20 years in the European Union in terms of law and the era of sustainability". The conference took place on 3^rd September 2024 at the Faculty of Law, Pavol Jozef Šafárik University in Košice, in hybrid form.

The first part of the conference proceedings includes contributions concerning EU law in proceedings before the Constitutional Court of the Slovak Republic with focus to current issues and challenges after 20 years of membership of the Slovak Republic in the EU, European law from the perspective of international constitutionalism in a green coat, the impact of the entry of the Baltic states into the European Union on the question of the nationality of natural persons, the single digital market in the context of the Slovak Republic, the impact of European Union law in the field of personal data protection on the territory of the Slovak Republic, the principle of environmental protection in economic competition and international jurisdiction for private law claims for compensation for damage caused to the environment.

The second part of the conference proceedings includes contributions concerning the process of enshrining human right to environment in international law and European law, the development of biodiversity protection in the EU, NATO´s role in climate change response to meet the sustainability and suing tort damages from the Dieselgate emissions scandal.

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Juraj Jankuv - Dagmar Lantajová  - Kristián Blaškovič  - Tomáš Buchta

 Daniel Arbet

Učebnica popisuje a analyzuje najdôležitejšie osobitné odvetvia medzinárodného práva verejného. Primárne je začlenené medzinárodné právo územných režimov, zahŕňajúce režimy štátneho územia, štátnych hraníc, hraničných režimov a cezhraničnej spolupráce, medzinárodné morské právo, medzinárodné kozmické právo, medzinárodné riečne právo, medzinárodné normy týkajúce sa Antarktídy a Arktídy, medzinárodné právo vzdušného priestoru a medzinárodné právo životného prostredia, ďalej medzinárodné právo upravujúce postavenie fyzických a právnických osôb, medzinárodnoprávny inštitút azylu, medzinárodné utečenecké právo a ľudské práva, medzinárodné právo upravujúce postavenie štátnych orgánov pre medzinárodné styky, ďalej právo medzinárodných organizácií a právo ozbrojených konfliktov, vrátane humanitárneho práva a napokon medzinárodné trestné právo, zahŕňajúce medzinárodnoprávny inštitút extradície.

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Ľudmila Pošiváková -  Zuzana Antošová - Milan Kočan (eds.)

Proceedings from the Student Debate held on April 24, 2013, at the Faculty of Law of Pavol Jozef Šafárik University in Košice.

In the current period, the rule of law is widely debated both at the academic and political levels. This debate is not only related to the effort to establish the Rule of Law in states that have transitioned from socialist to democratic systems but also in states experiencing various unrests, whether political or religious.

However, it is not just a debate about certain characteristics of the Rule of Law that are missing in domestic law or at the level of international law, but also a debate about the very definition and meaning of the Rule of Law. The rule of law can be likened to an ideal that almost every state strives to achieve. Even in the case of the establishment of the independent Slovak Republic, the framers decided to include among the introductory provisions, which should form the core of the constitution, that the Slovak Republic is a state governed by the rule of law.

However, to achieve the ideal of the rule of law, it is necessary not only to declare it but also to adopt measures essential for an independent judiciary, democracy, the effective enforcement of human rights, the separation of powers, and many other elements that characterize a state governed by the rule of law.

Download the e-book for free (pdf)

E-book

Kristián Csach - Ľubica Širicová

Private international law has undergone dramatic changes in recent periods. The fully operational process of communitarization of this legal field has not yet – and perhaps could not have been – effectively reflected by domestic legislators. Under the current legal status, it is not uncommon for legal issues to intertwine regulations of community origin and domestic legislation (embodied primarily by Act No. 97/1963 Coll. on Private International Law and Procedure).

Questions about the obsolescence of some provisions of this, until recently, universal codified regulation of private international law arise mainly (but not exclusively) from the conflict rules contained in the so-called "Rome I" Regulation on the law applicable to contractual obligations, the "Rome II" Regulation on the law applicable to non-contractual obligations, and most recently in Council Regulation (EC) No. 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition, and enforcement of decisions and cooperation in matters relating to maintenance obligations.

Respecting the principle of the primacy of generally binding acts of the Community over domestic law, the correct application of normative texts cannot be achieved without the ability to quickly navigate through the norms and subsequently compare them.

Students and anyone else are therefore confronted with a multitude of legal regulations of substantial scope and detailed regulation. Currently, apart from systematically arranged references on the websites of the Ministry of Justice, we do not find a comprehensive material that would offer an overview of legal regulations in the field of private international law and procedure.

Download the e-book for free (pdf)

E-book

Valéria Ružičková (ed.)

Proceedings of the XIVth Student Symposium on International Law and European Law.

For the XIV Year of Student Symposium on International Law and European Law under the topic „Artificial Intelligence from the Perspective of Law“, students of the Faculty of Law and the Faculty of Science prepared several papers regarding current questions related to the ongoing development of the artificial intelligence. From the legal point of view, the papers regard the importance of the artificial intelligence in human activities in space, its impact on fundamental rights, development of new human rights in relation to its application in healthcare and nursing care as well as personal data protection while making use of the artificial intelligence.

Apart from the papers concerning the artificial intelligence from the legal perspective, two of the papers regard the artificial intelligence from the scientific perspective, explaining the importance of the artificial intelligence in localization in indoor environment as well as its importance in prediction of healthcare costs.

Download the e-book for free (pdf)

E-book

Adam Giertl - Ľudmila Elbert

Collection of Papers from the 8th Student Symposium held on April 20–21, 2015 in Danišovce

The capture of the historic Syrian city of Palmyra by fighters of the radical Islamic State caused shock among the global public. The main reason is the barbarism with which this organization proceeds, not only in relation to the treasures of the world’s cultural heritage. The situation in the Middle East, where cultural treasures of inestimable value are under direct threat, demonstrates how fragile the world’s cultural heritage is. The reaction of the international public and world leaders shows how sensitively the destruction of cultural heritage is perceived.

The quoted statement chosen by the editors relates to the threat posed by the Islamic State—however, the spirit of this statement can be applied to any cultural wealth that forms part of the world’s cultural heritage. The destruction or damage of these values primarily represents a loss for humanity as such. Each destroyed artifact of world cultural heritage signifies the disappearance of a unique legacy left by previous generations for the future. At the same time, cultural heritage must be understood as a broad spectrum of assets—both tangible and intangible. Their legal protection was the topic of this year’s symposium. As with any social interest, the protection of cultural heritage can be ensured through various mechanisms and under different forms of social organization.

These diverse approaches are unified by law as a normative system. The question for the 8th year of the symposium on international law was what role international law plays in the protection of cultural heritage. In the context of the European region, the role of the European Union as a regional organization was examined.

Download the e-book for free (pdf)

E-book

Ján Klučka(ed.)

Collection of Papers from the International Scientific Conference Held on May 29–30, 2014 at the Faculty of Law, Pavol Jozef Šafárik University in Košice.

In the first half of this year, a scientific conference entitled “10 Years in the EU: Relations, Questions, Issues” was held in Košice, and the contributions from this event constitute the content of the present collection bearing the same name.

The aim of the organizers—namely, the Slovak Association of European Law, the Representation of the European Commission in the Slovak Republic, and the Institute of European Law together with the Department of International Law of the Faculty of Law at Pavol Jozef Šafárik University—was not only (even if loosely) to follow up on the previous 2009 conference “Community Law in Slovakia – Five Years ‘After’”, but, after another five years, to continue its main objective: to provide participants from both the academic and non-academic community with a space for further analysis and exchange of views on legal issues related to the membership of the Slovak Republic in the European Union and various current issues of the Union’s legal order.

From this perspective, a shift in the overall focus of the conference contributions in 2009 and 2014 can be observed. While the contributions from the first conference focused primarily on various aspects of the application of Union law in the Slovak legal system and related application problems, especially before courts and other authorities, the basic orientation of the contributions from the second conference is already different. The present collection also confirms that the contributions focus primarily on current issues of the European legal order and on certain aspects of the Union’s external policy, while the relationship of Union law to the Slovak legal system is no longer given primary attention.

Several contributions focus on areas characterized by a certain overlap or “cohabitation” of Union law with public international law, private international law, or, more broadly, international relations.

Download the e-book for free (pdf)