Vatican diplomacy around Trianon from a Hungarian Perspective

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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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Radomír Jakab - Peter Molitoris

Predkladaná učebnica má slúžiť ako učebná pomôcka v pedagogickom procese v rámci študijných predmetov zameraných na správne právo procesné. Z hľadiska štruktúry a obsahových náležitostí reflektuje požiadavky, ktoré sú požadované pre účely postupových skúšok a štátnej skúšky na Právnickej fakulte a Fakulte verejnej správy Univerzity Pavla Jozefa Šafárika v Košiciach. Rovnako, je využiteľným zdrojom informácií aj pre potreby štúdia na iných právnických fakultách v rámci Slovenskej republiky. V neposlednom rade, môže byť vhodnou pomôckou i pre aplikačnú prax, a to tak na orgánoch verejnej správy, na súdoch, ako aj pre advokátov prichádzajúcich do styku so správnym konaním.

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Marcel Dolobáč

The author's ambition is to build on the current and at the same time to stimulate further discussion of the anchoring of labour law in the system of private law sectors and to contribute to the variation of views in relation to freedom of contract and its limits in labour law. The broad contractual freedom of civil law does not apply to the field of labour law, and thus the penetration of standard civil law institutes into labour law relations is not always self-evident.

The above constitutes the main theses of the present monograph. The issue of freedom of contract in labour law can be grasped in several ways. The author has chosen a content structure that is built on three basic pillars. In the first part, the author assesses the position of labour law in the system of law, which is determined primarily by the actual subject of legal regulation - dependent labour and the specific method of legal regulation through cogent and relatively cogent norms. In this context, the author would like to note at the outset that the much-discussed dispositive nature of labour law norms appears to be merely presumptive. Labour law is built on minima and maxima, with relative mandatory norms being the building blocks of fixed boundaries, a fact that distinguishes labour law from other branches of private law. These considerations are followed by the author's view of autonomy of will in labour law. The limits of contractual freedom (not only) in the theoretical sense form the second pillar of the author's ideas.

Finally, the third part of the thesis is to be the one that translates the theoretical-legal considerations of the interconnection of civil law and labour law into the interpretation of selected civil law institutes and the possibility of their application and implementation in labour law relations.

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Alexander Bröstl - Marta Breichová Lapčáková - Martin Štrkolec (eds.)

Collection of scientific papers by doctoral students.

Thematically, the contributions are diverse: they feature fundamental principles in public law (basic principles of criminal proceedings, the principle of contradiction, basic principles of constitutional court proceedings, basic principles in private law and procedural law (superficies solo cedit), the principle of civil court proceedings in deciding labor disputes, equality of participants and the duty to instruct, objection of bias in light of the right to an impartial court, the principle of speed and the principle of economy in the decision-making activities of general courts, basic principles in legal theory and international law (general legal principles recognized by civilized nations), coexistence of the principle of equality and the principle of non-discrimination in the legal order of the European Union, argumentation through the principle of rule of law in the decision-making activities of courts, the impact of fundamental principles on the interpretation of legal norms.

It is important that the authors, i.e., doctoral students from law faculties in the Czech Republic and the Slovak Republic, almost unanimously examine these principles in the process of application (interpretation) of law, from the perspective of how legal (primarily judicial) practice deals with them. This should be fundamentally welcomed and appreciated.

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Milena Barinková (ed.)

The researchers of the grant task ‘Creation and implementation of labour law with regard to regional aspects of the labour market’ deal in their work with the analysis of employers' attempts for legislative changes in the level of social rights of employees justified by regional differences, the analysis of possible impacts in their implementation, as well as the assessment of their compliance with the protective function of Slovak labour law and the value character of fundamental human rights inherent in the European and legal culture.

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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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Katarína Skolodová - Monika Minčičová (eds.)

Proceedings of the 5th Year of the Student Symposium of Labour Law

New trends in the digital age around the world do not avoid the labour market and the labour law relations. Do labour law standards and employers' practices correspond to the actual factors that influence an individual's physical or mental condition? Does digitization, including artificial intelligence, bring improvements or threats? Is the protection of employees' mental health paid equal attention that to the protection of physical health? The Department of Labour Law and Social Security Law of the Pavol Jozef Šafárik University in Košice examines and analyzes legal aspects of new risks that threaten and affect individual health in the work environment within the researching of the project APVV-16-0002 - Mental Health in the Workplace and Employee Health Assessment.

The members of the department, with the theme of the 5th year of the student symposium "New Challenges of Employees´ Health Protection" created an opportunity for students to search deeper current legal issues and reflect the results of their creative work in the submitted papers. The proceedings of papers of the student symposium is rich in content and offers the reader the space to get acquainted with interesting questions and application problems accompanying them.

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Veronika Lenhardtová-Radoslav Pavlinský-Dominik Urban

The collection Judicial Power in the Era of Globalization, Artificial Intelligence and Other Trends in Society provides a comprehensive and up-to-date perspective on the transformation of the judiciary amid rapid technological and social change. It contains 25 contributions primarily focused on the introduction and use of artificial intelligence tools in law. The authors examine not only the technical and institutional aspects of this transformation but also issues of judicial legitimacy and public trust in an independent justice system. The publication also offers a critical reflection on potential risks, limitations, and ethical dilemmas associated with the automation and digitalization of judicial processes. Several contributions compare national and supranational legal frameworks, offering valuable insights into differences in regulatory approaches around the world. All texts are united by a common question concerning the future of judicial power in a changing world. The contributions are written in an accessible manner, making the collection suitable for both legal experts and the broader public.
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Milan Sudzina, Renata Świrgoń-Skok, Wojciech J. Kosior

Given the importance of the ownership right, the aim of this monograph is to provide an analysis, a clear systematic interpretation and an evaluation of the above issue, not only from the theoretical point of view, but also from the point of view of legal practice. The protection of ownership relations is ensured in various ways. It is judicial protection, protection provided by local self-government authorities, self-help, public registration of real property and other instruments of administrative and criminal law. In connection with the transformation of legislation in Slovakia and Poland after the fall of the socialist regime, there have been many changes in the legislation of both countries concerning the protection of ownership rights. A number of private law institutions related to the ownership of real property, the use of which was impossible or limited during the socialist period, have been restored. Legislation has also been adopted to alleviate the consequences of certain property and other injustices caused by the deprivation of ownership of real property during the socialist period. The adoption of restitution legislation was the basis for restoring the ownership rights of the original owners, who were allowed to get back their real property that had been used by socialist organisations. After the end of the socialist regime, the various forms of ownership, which until then had favoured the state ownership, were abolished. Changes were made to ensure that the ownership rights of all owners had the same content and enjoyed the same legal protection. The monograph is structured in such a way as to enable a comparison of individual institutions of rights in rem under Polish and Slovak law. The monograph also analyses the relevant decision-making practice of the supreme judicial authorities. The scientific methods applied enabled the authors not only to analyse and evaluate the historical context and the current legal regulation of ownership rights in Poland and Slovakia, but also to point out possible gaps and shortcomings and to elaborate de lege ferenda proposals that can be used in future legislative activity.

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Jana Šutajová

From January 1, 1969, the Constitutional Act on the Status of Nationalities in the Czechoslovak Socialist Republic (ČSSR) and the Constitutional Act on the Federation came into effect. The Constitutional Act on the Status of Nationalities represented at least a formal significant step forward in the legal regulation of minority rights. However, this law was intended to serve as a foundation for further legal adjustments. It was declared that additional steps and negotiations for the adoption of implementing regulations would follow and that further laws would be enacted at both the federal and national levels. Nevertheless, no additional law or government regulation related to the constitutional act on the status of nationalities in the ČSSR was ever issued.

During the normalization period, issues concerning further legislation related to national minorities were not addressed. However, in the brief period following the adoption of the constitutional act in 1968 until the end of 1969, some institutions attempted to prepare and promote such legal norms. One of these institutions was the Government Council of the Slovak Socialist Republic (SSR) for Nationalities (hereafter referred to as the Council or the Government Council for Nationalities). The monograph provides an insight into the development of additional legal norms arising from the constitutional act on the status of nationalities in the Slovak Socialist Republic, prepared by the Government Council of SSR for Nationalities. This council was one of the institutions established in Slovakia after the formation of the Czechoslovak federation and dealt with nationality issues.

In addressing further legal norms stemming from the constitutional act on nationalities in ČSSR, it was necessary to consider prior developments. Therefore, the first part of the monograph examines the status of minorities in Czechoslovakia before adopting the constitutional act, activities of nationalities preceding its adoption, and its enactment itself. Subsequent sections focus on institutional changes in SSR following federalization, the establishment of the Government Council of SSR for Nationalities, and specific actions taken by this Council and its expert bodies in drafting proposals for laws concerning nationalities in the Slovak Socialist Republic.

The motivation for writing this monograph stemmed from the fact that this topic has so far received attention only in a few studies in Slovakia, which primarily focused on the Hungarian minority during either the Prague Spring or normalization periods.

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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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Renáta Bačárová, Kristián Vassay (eds.)

The proceedings Consumers and Traders Online: Legal and Economic Challenges of Digital Markets present a collection of scientific studies addressing contemporary issues of digital market functioning within the European Union. The contributions analyse legal, economic and technological dimensions of digital services, particularly in the context of the VEGA project 1/0431/23 focused on the conflict of interests between consumers and traders in the delivery of digital content and services. The studies highlight the dynamic growth of the digital economy, bringing new regulatory challenges, issues of data protection and enforcement of consumer rights. The authors examine topics such as geographical indications in the digital environment, the use of artificial intelligence in public enforcement, fintech regulation, liability for damages, and the impacts of the Digital Services Act (DSA) and the Digital Markets Act (DMA). The proceedings also expose increasing fragmentation of responsibility across digital actors and emphasise the need for a harmonised EU regulatory framework. Further attention is given to evolving consumer behaviour, cybersecurity risks, deepfake technologies, the functioning of online marketplaces and digital payment systems. A significant part of the analysis addresses the role of major online platforms, their obligations and influence on transparency in digital markets. The publication offers an interdisciplinary perspective combining law, economics and technology, representing an important contribution to the discourse on modern consumer protection in the digital era.

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Monika Minčičová - Marcel Dolobáč - Jana Žuľová

The presented proceedings of papers is the result of the international scientific conference "Employee in the digital environment", which was organized as part of the research project VEGA 1/0790/20 Employee protection in the context of the Industrial Revolution 5.0 - starting points, opportunities and risks. The online scientific conference took place on the 5th of November 2021 under the auspices of the Department of Labour Law and Social Security Law, Faculty of Law, P. J. Šafárik University in Košice. The proceedings includes a variety of scientific papers focused on the study of current issues caused by the digital transformation of society.Authors respond to partial legal problems of labour law and social security law at the theoretical-legal and application level and reflect on the consequences of ongoing phenomena for the labour market and labour law legislation.

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Karin Cakoci et al.

The authors in the monograph focused on describing the genesis and current state of the legal regulation of consumption taxes in the Slovak Republic in interaction with the harmonization process, as well as identifying the mutual dependence of the legal regulation and revenues from consumption taxation on the effect on the state budget of the Slovak Republic.

Given the importance and justification of the researched issue, particularly in relation to the future functioning of the European Union, as well as the impact on the performance of the economies of individual member states, with an emphasis on the development and quality functioning of the single internal market, the authors, through the publication of the monograph, attempt to provoke a broader professional discussion about their own summarized presented results, which were obtained during the entire period of solving the scientific project, concerning current trends as well as perspectives in the field of EU tax policy and its influence on domestic tax legislation in the Slovak Republic in the area of consumption taxes in interaction with budgetary impacts.

The overall goal of the monograph is to present existing and own acquired knowledge related to the issue of consumption taxes in Slovakia, with an emphasis on the development of EU initiatives in this area, as well as a critical evaluation of their impact on the state budget of the Slovak Republic, and presenting possible future developments.

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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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Laura Gazdagová-Bartolomej Mižák-Vladyslava Kryvoshei
Technological development is increasingly reshaping the environment in which international law operates. Rapid digitalization, global interconnectedness, and the emergence of new technologies raise questions that traditional legal norms are not always prepared to address. New forms of cross-border interactions, security challenges, and ethical dilemmas influence the functioning of states, international organizations, and other actors. Against this backdrop, discussions are evolving on how international law can maintain its relevance in an era of rapid innovation and how it may adapt to a dynamic technological landscape.
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