Law without borders

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Ladislav Orosz– Simona Karafová – Martina Makaturová (eds.)

Zborník z XIII. ústavných dní s názvom „Konanie o súlade právnych predpisov – návrhové oprávnenie a účinky rozhodnutí ústavného súdu“ reflektuje novú právnu úpravu účinnú od 1. januára 2025, konkrétne čl. 127 ods. 5 Ústavy SR, ktorá rozširuje právomoci sťažovateľov iniciovať konanie o súlade právnych predpisov prostredníctvom Ústavného súdu Slovenskej republiky. Príspevky renomovaných odborníkov mapujú teoretické aj praktické výzvy spojené s touto novou kompetenciou. Zborník tematicky pokrýva otázky týkajúce sa iniciačných mechanizmov senátov Ústavného súdu, derogačných a časových účinkov rozhodnutí či komparatívnych skúseností z Českej republiky, Maďarska a Poľska. Publikácia zároveň ponúka reflexiu širších javov, ako je judicializácia politického života, či rast implicitných právomocí ústavných súdov. Niektoré príspevky sa zameriavajú na otázky právnej istoty a retroaktivity derogačných nálezov, najmä v konaniach iniciovaných všeobecnými súdmi. Iné analyzujú aplikačné dopady spojenia individuálnej ústavnej sťažnosti a abstraktnej kontroly právnych predpisov. Publikácia obsahuje aj úvahy o ústavnoprávnych dôsledkoch porušenia konzultačnej povinnosti s Európskou centrálnou bankou. Nechýbajú reflexie o možnostiach ústavného preskúmania noriem v oblasti rozpočtovej zodpovednosti. Zborník ponúka pestrú škálu domácich aj komparatívnych prístupov k výzvam spojeným s novou rozhodovacou agendou. Je tak hodnotným príspevkom do diskusie o posilnení ochrany ústavnosti v Slovenskej republike.

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Ľuboš Dobrovič - Vladimír Vrana

The world of diplomacy, whether ancient or modern, is naturally prone to problems associated with cultural clashes and often serves as an “unarmed battlefield” of cultural concepts. International diplomacy, however, stands on the assumption of war, as misunderstandings and cultural discrepancies lead to confusion. Cultural encounters also provide many opportunities for the choice of misunderstanding: the choice to perceive an act as an insult, even if unintended, or the choice to ignore the most blatant intentional insult, all according to momentary expediency.

The Roman historian Livy recounts an anecdote about the gates of the Temple of Janus, which, when open, signified that Rome was at war. However, the doors of the ancient Temple of Janus were closed only twice from the beginning of the 7th century BC to the end of the 1st century BC. One might ask, how many times and for how long after the signing of the Treaty of Trianon were the metaphorical gates of the European (or global) Temple of Janus closed?

The publication that the reader holds in their hands does not attempt to exhaustively answer all questions of ancient and modern international diplomacy. That is neither possible nor the goal of this scientific monograph. Authors seeking intersections between diplomacy of antiquity, the Middle Ages, and the early 20th century encountered some thought-provoking ideas and controversial debates. Indeed, what other conclusions can the topic of the Treaty of Trianon and the perpetual clash of cultures in the Mediterranean antiquity and medieval Europe bring?

We believe that the topic of ancient and modern diplomacy will inspire the reader and stimulate the professional public to new ideas, reflections, and scholarly activity.

The scientific monograph was prepared as an output of the project of the Agency for the Support of Research and Development No. APVV-19-0419: "100 years of the Treaty of Trianon."

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E-book

Žofia Mrázová(ed.)

Proceedings from the VI. Student Symposium on Commercial Law Held on November 28, 2018, at the Faculty of Law, Pavol Jozef Šafárik University in Košice

The Department of Commercial and Economic Law at the Faculty of Law, Pavol Jozef Šafárik University in Košice, organized the sixth annual Student Symposium on Commercial Law on November 28, 2018. The event was part of the research project VEGA 1/0917/16 titled "Atypical and De Facto Relationships in Commercial Law." The symposium aims to provide a platform for discussion among students with the guidance of mentors from the department, including professors, researchers, and doctoral candidates.

This year’s symposium focused on protection against anti-competitive practices. Unchecked anti-competitive behavior could grant economic advantages to violators at the expense of other competitors and threaten the free-market system. Students explored various challenges related to competition law, analyzing Slovak and European legal frameworks as well as court rulings and decisions by other authorities. Through their research, students honed their analytical thinking, argumentation skills, and critical reasoning. The discussions generated new perspectives and encouraged active engagement among participants.

This proceedings volume presents the outcomes of students' work from this event.

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E-book

Adam Giertl (ed.)

Proceedings of the Student Symposium on International Law and European Law held on April 28, 2017, at the Faculty of Law of Pavol Jozef Šafárik University in Košice

The Student Symposium is regularly organized by the Institute of International Law and European Law, and in 2017, it marked the jubilee tenth edition of the symposium, which over time expanded its focus to include European law.

The tradition of holding student symposia is also associated with the good practice of preparing proceedings from each event. Understandably, the tenth edition is no exception, and thus, the tenth edition of the symposium proceedings is now available to readers. In previous years, the symposium has always focused on specific areas of international and European law. Thus, the subjects of study for symposium participants have included migration issues (2016), the protection of cultural values (2015), and the challenges of cyberspace (2013).

This year, given that it is the jubilee tenth edition, the symposium organizers have chosen to approach the symposium's focus thematically and recall some significant milestones in the development of international law that occurred in years ending with the number seven.

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Ján Husár - Kristián Csach (eds.)

The collection contains contributions presented at the international conference held on April 1^st - 3^rd 2014 in Smolenice, organized by Pavol Jozef Šafárik University in Košice in cooperation with the Institute of State and Law of the Slovak Academy of Sciences and the Institute of State and Law of the Czech Academy of Sciences. Authors are high-profile Slovak and Czech scholars in the field of private law and company law, as well as representatives of new generation of young researchers. Contributions focus on contemporary issues in the field of company law, in particular theoretical basis of corporations, groups of companies, doctrine of abuse of rights, reflective loss and new tendencies in corporate law in foreign legal orders. The first part of the contributions presented at the conference have been already published in the special issue of the theoretical magazine Právny Obzor n. 4/2014. 

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Adrián Popovič - Jozef Sábo - Anna Vartašová (eds.)

Reviewed proceedings from the IV. annual student symposium

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Sergej Romža - Dávid Priščák - Matej Biroš (eds.)

Proceedings of scientific papers „ Elimination of racism, xenophobia and otherforms of intolerance by means of criminal law. Recodification of Criminal Codes - Current Challenges and Perspectives. " is the output of the national interdisciplinary scientific conference with intemational participation organized by the Department of Criminal Law ofthe Faculty ofLaw of the University of Applied Sciences in Košice. The proceedings contain contributions focused on the issues of elimination of racism, xenophobia and other forms of intolerance by means of criminal law and on the issues of recodification of criminal codes, their current challenges and perspectives, both in the field of substantíve and procedural law.
This is a highly topical issue, as the need to eliminate racism, xenophobia and other forms of intolerance by means of criminal law is an important topic with regard to the social situation. The recodification of the criminal codes in 2024 has significantly affected both the substantíve and procedural areas of criminal law, which is the means of ultima ratio. Considering the social developments and the recent amendments to the pena! codes, we consider the theme of the conference and the titlc of the proceedings to be highly topical, containing a significant scope for scientific research.
The participants of the national interdisciplinary scientific conference with international participation in their contributions also dealt with de lege ferenda considerations and at the same time offered solutions to application problems in the field.
The aim of the published proceedings is to continue to improve and develop new knowledge in the field of criminal law, while respecting human rights and freedoms, based on the existing professional knowledge.

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Kristián Csach - Dušan Rostáš (eds.)

Proceedings of the 2nd Student Symposium on Company Law In November 2014

The second annual Student Symposium on Commercial Law—more specifically, on Company Law—was held at the university’s facility in Danišovce. As in the previous year, the aim of the symposium was to provide students with a greater opportunity to articulate their own perspectives on current legal issues and to present the results of their individual work.

The theme of the second symposium focused on the governing bodies of commercial companies, aligning it thematically with the APVV research project being carried out by members of the Department of Commercial and Economic Law at our Faculty of Law. This overarching topic made it possible to assign a range of current legal issues, allowing students to explore problems they are likely to encounter in their future professional practice. The selected topics are not among those unanimously settled by legal doctrine or established case law.

On the contrary, they were deliberately chosen for their complexity and the lack of sufficient domestic literature. As a result, students had to go beyond standard textbook or commentary-based knowledge to thoroughly address their assigned topics.

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Jana Žuľová  - Monika Minčičová - Marcel Dolobáč (eds.)

The legal regulation of occupational health and the process of assessing the health capacity is one of the manifestations of fulfilling the protective function of labour law.

Due to the importance of pursuing the interest in protecting the life and health of the individual during his working life, as well as the consequences of damage to the employee's health for further work and continuance of employment relationship, research in this area finds its irreplaceable place in legal science. Its topicality is also highlighted by the emerging risks of work and the working environment. Technological progress associated with a change in the way of performing work, as well as the pandemic situation, have opened a number of new challenges for labour law that require attention.

The presented proceedings of abstracts responds to the outlined facts. It is a group of initial motives and conclusions of lectures presented at the scientific online conference "Health at Work in the Spectrum of Theory and Practice" organized by the Department of Labour Law and Social Security Law of the Faculty of Law, P. J. Šafárik University in Košice on16th April 2021. Authors point to a variety of problematic areas that are not only a reflection of academic considerations, but also of those legal issues that need to be addressed in ordinary legal practice.

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Jozef Sábo

The monograph deals with two fundamental aspects concerning evaluation of evidence in the law. In the first part, the monograph addresses the question: „How it is possible to apply law in individual case, if human knowledge about past is objectively limited and flawed?“ (e.g. what is the nature of truth in the law?). The second part of the monograph identifies certain models of reasoning concerning factual questions which occur across different individual legal cases (especially tax cases and criminal cases). In that regard, the monograph draws from Anglo-American legal scholarship and deals with three main concepts concerning evaluation of evidence: argumentation, probability and narratives and their role in evaluation of evidence.

The monograph is the output of the grant project APVV no. 16-0160 which deals with the issue of tax evasion and tax avoidance (especially their motivating factors, emergence, and elimination). The author believes that better understanding of evaluation of evidence may contribute to the improvement in effectiveness of tax administration.

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Jana Žuľová - Milena Barinková 

Legal norms regulate everyday life. We learn about the rights and obligations that arise for us from these norms through language. It is therefore very important that they are created in such a way that all levels of society understand them, not only recipients with legal education.

The Labour Code is a norm of everyday use, and so far there is no publication that approximates or clarifies the understanding of the provisions of this law through the prism of its language. The main goal of the publication is to apply the acquired linguistic knowledge about the pitfalls of the comprehensibility of legal language for the general public to the Labour Code and thus enable its more adequate understanding. Our ambition is not a comprehensive interpretation of the provisions of the Labour Code, which give the impression of incomprehensibility for the average addressee.

We focused on selected problematic phenomena observed and identified during the solution of the VEGA grant project no. 1/0526/17 Linguistic and Sanctioning Mechanisms in the Creation and Operation of Labor Law Norms and strived for a conceptual approach to their examination enriched by empirical research.

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Jozef Suchoža - Ján Husár - Regina Hučková (eds.)

Collection of scientific works

The year 2020 has been marked globally by an unprecedented situation related to the spread of Covid-19 since its beginning. At the start of this calendar year, as our organizational team began preparing for another edition, we still hoped that our traditional autumn conference was far away, and in this maximum optimism, we launched the organization of the jubilee 10th edition of our now-traditional conference. This conference has become a stable part of scientific and professional conference events under domestic conditions and has become a stable part of many people's work programs. However, 2020 was almost entirely filled with restrictions from its start, with these restrictions affecting even the organization of conferences. Our 10th Law – Business – Economy Conference fell victim to this current situation and had to be canceled "with gritted teeth." The situation allows us nothing but hope that in 2021 we will be able to meet at our traditional location in High Tatras. We take these meetings for granted; if this situation is good for nothing else, it at least serves as a slowdown and an awareness of our own vulnerability.

See you at the next edition of Law-Business-Economics in October 2021.

You are receiving a collection of scientific papers published in connection with the resolution of scientific projects at the Department of Commercial Law and Economic Law as the main organizer of the scientific conference, as well as other departments of the Faculty of Law at UPJŠ in Košice, and many academic workplaces both domestically and abroad. The collection is published with support from the Agency for Support of Research and Development. The editors thank all who contributed to it with their scientific articles, as well as reviewers for their valuable comments and recommendations.

On behalf of the editors: Regina Hučková

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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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Dominika Kováčová- Lucia Pištejová- Ivan Vaňa

The present monograph deals with the post-war settlement of relations and peace negotiations related to the settlement of the borders of the newly established Czechoslovak Republic. The work discusses in detail the negotiation processes related to the preparation and signing of the Versailles and Saint-Germain Peace Treaties. Similarly, it then discusses in detail the peripeties related to the drafting of the Treaty of Trianon dealing with the border with Hungary and its subsequent delineation in the field. Last but not least, the thesis captures the settling of Czechoslovakia's international relations with Poland and their common border, with a particular focus on the arbitration settlement on the territory of Orava and Spiš.

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Adrián Popovič  - Jozef Sábo

Reviewed proceedings from the student symposium organized on the occasion of IV. Slovak-Czech days of tax law.

The International Scientific Conference IV. Slovak-Czech days of tax law was held 16th - 18th June 2021 in Košice (Faculty of Law of Pavol Jozef Šafárik University in Košice). On this occasion, a student symposium on the topic: "Current Challenges of Tax Law" was organized for students of the Pavol Jozef Šafárik University Faculty of Law in Košice on 15th June 2021. The focus of the symposium was chosen due to the content of the grant project APVV-19-0124 entitled "Tax law and new phenomena in the economy (digital services, shared economy, virtual currencies)", which is currently being addressed at the Department of Financial Law, Tax Law and Economy, Faculty of Law, Pavol Jozef Šafárik University in Košice. The output of this symposium is a reviewed proceeding of papers, in which students focus on examining the current challenges of tax law. In this context, students examine not only the current challenges in the field of real estate tax and the introduction of taxation based on their market value of real estate, the decision-making of the Court of Justice of the European Union in the field of direct taxation and indirect taxation, but also new and extremely current taxation issues of cryptoactive (virtual currency) taxation, not only in the Slovak Republic but also in the world. The authors also assess in detail the current situation in the research area, and they also present de lege ferenda proposals that could contribute to the development and improvement of several aspects of taxation, which is a benefit not only for legal science but also for application practice.

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E-journal

Michal Jesenko (editor) - Eva Mihalíková - Darina Koreňová

Public Administration and Society is a scientific journal publishing scientific academic articles, contributions to discussion and reviews having the content orientation on the theory and practice of Public Administration. The mission of the Journal is to publish significant results of the scientific scholarly researches regarding the area of public administration and related disciplines which are connected with the study profile and scientific bias of our Faculty. The Scientific Journal is issued in electronic version.

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Ladislav Orosz– Simona Karafová – Martina Makaturová (eds.)

Zborník z XIII. ústavných dní s názvom „Konanie o súlade právnych predpisov – návrhové oprávnenie a účinky rozhodnutí ústavného súdu“ reflektuje novú právnu úpravu účinnú od 1. januára 2025, konkrétne čl. 127 ods. 5 Ústavy SR, ktorá rozširuje právomoci sťažovateľov iniciovať konanie o súlade právnych predpisov prostredníctvom Ústavného súdu Slovenskej republiky. Príspevky renomovaných odborníkov mapujú teoretické aj praktické výzvy spojené s touto novou kompetenciou. Zborník tematicky pokrýva otázky týkajúce sa iniciačných mechanizmov senátov Ústavného súdu, derogačných a časových účinkov rozhodnutí či komparatívnych skúseností z Českej republiky, Maďarska a Poľska. Publikácia zároveň ponúka reflexiu širších javov, ako je judicializácia politického života, či rast implicitných právomocí ústavných súdov. Niektoré príspevky sa zameriavajú na otázky právnej istoty a retroaktivity derogačných nálezov, najmä v konaniach iniciovaných všeobecnými súdmi. Iné analyzujú aplikačné dopady spojenia individuálnej ústavnej sťažnosti a abstraktnej kontroly právnych predpisov. Publikácia obsahuje aj úvahy o ústavnoprávnych dôsledkoch porušenia konzultačnej povinnosti s Európskou centrálnou bankou. Nechýbajú reflexie o možnostiach ústavného preskúmania noriem v oblasti rozpočtovej zodpovednosti. Zborník ponúka pestrú škálu domácich aj komparatívnych prístupov k výzvam spojeným s novou rozhodovacou agendou. Je tak hodnotným príspevkom do diskusie o posilnení ochrany ústavnosti v Slovenskej republike.

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Ľuboš Dobrovič - Vladimír Vrana

The world of diplomacy, whether ancient or modern, is naturally prone to problems associated with cultural clashes and often serves as an “unarmed battlefield” of cultural concepts. International diplomacy, however, stands on the assumption of war, as misunderstandings and cultural discrepancies lead to confusion. Cultural encounters also provide many opportunities for the choice of misunderstanding: the choice to perceive an act as an insult, even if unintended, or the choice to ignore the most blatant intentional insult, all according to momentary expediency.

The Roman historian Livy recounts an anecdote about the gates of the Temple of Janus, which, when open, signified that Rome was at war. However, the doors of the ancient Temple of Janus were closed only twice from the beginning of the 7th century BC to the end of the 1st century BC. One might ask, how many times and for how long after the signing of the Treaty of Trianon were the metaphorical gates of the European (or global) Temple of Janus closed?

The publication that the reader holds in their hands does not attempt to exhaustively answer all questions of ancient and modern international diplomacy. That is neither possible nor the goal of this scientific monograph. Authors seeking intersections between diplomacy of antiquity, the Middle Ages, and the early 20th century encountered some thought-provoking ideas and controversial debates. Indeed, what other conclusions can the topic of the Treaty of Trianon and the perpetual clash of cultures in the Mediterranean antiquity and medieval Europe bring?

We believe that the topic of ancient and modern diplomacy will inspire the reader and stimulate the professional public to new ideas, reflections, and scholarly activity.

The scientific monograph was prepared as an output of the project of the Agency for the Support of Research and Development No. APVV-19-0419: "100 years of the Treaty of Trianon."

Download the e-book for free (pdf)

E-book

Žofia Mrázová(ed.)

Proceedings from the VI. Student Symposium on Commercial Law Held on November 28, 2018, at the Faculty of Law, Pavol Jozef Šafárik University in Košice

The Department of Commercial and Economic Law at the Faculty of Law, Pavol Jozef Šafárik University in Košice, organized the sixth annual Student Symposium on Commercial Law on November 28, 2018. The event was part of the research project VEGA 1/0917/16 titled "Atypical and De Facto Relationships in Commercial Law." The symposium aims to provide a platform for discussion among students with the guidance of mentors from the department, including professors, researchers, and doctoral candidates.

This year’s symposium focused on protection against anti-competitive practices. Unchecked anti-competitive behavior could grant economic advantages to violators at the expense of other competitors and threaten the free-market system. Students explored various challenges related to competition law, analyzing Slovak and European legal frameworks as well as court rulings and decisions by other authorities. Through their research, students honed their analytical thinking, argumentation skills, and critical reasoning. The discussions generated new perspectives and encouraged active engagement among participants.

This proceedings volume presents the outcomes of students' work from this event.

Download the e-book for free(pdf)

E-book

Adam Giertl (ed.)

Proceedings of the Student Symposium on International Law and European Law held on April 28, 2017, at the Faculty of Law of Pavol Jozef Šafárik University in Košice

The Student Symposium is regularly organized by the Institute of International Law and European Law, and in 2017, it marked the jubilee tenth edition of the symposium, which over time expanded its focus to include European law.

The tradition of holding student symposia is also associated with the good practice of preparing proceedings from each event. Understandably, the tenth edition is no exception, and thus, the tenth edition of the symposium proceedings is now available to readers. In previous years, the symposium has always focused on specific areas of international and European law. Thus, the subjects of study for symposium participants have included migration issues (2016), the protection of cultural values (2015), and the challenges of cyberspace (2013).

This year, given that it is the jubilee tenth edition, the symposium organizers have chosen to approach the symposium's focus thematically and recall some significant milestones in the development of international law that occurred in years ending with the number seven.

Download the e-book for free (pdf)

E-book

Ján Husár - Kristián Csach (eds.)

The collection contains contributions presented at the international conference held on April 1^st - 3^rd 2014 in Smolenice, organized by Pavol Jozef Šafárik University in Košice in cooperation with the Institute of State and Law of the Slovak Academy of Sciences and the Institute of State and Law of the Czech Academy of Sciences. Authors are high-profile Slovak and Czech scholars in the field of private law and company law, as well as representatives of new generation of young researchers. Contributions focus on contemporary issues in the field of company law, in particular theoretical basis of corporations, groups of companies, doctrine of abuse of rights, reflective loss and new tendencies in corporate law in foreign legal orders. The first part of the contributions presented at the conference have been already published in the special issue of the theoretical magazine Právny Obzor n. 4/2014. 

Download the e-book for free (pdf)