Orgány obchodných spoločností

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Dominika Becková - Radoslav Benko - Valéria Ružičková

Studies of the European Union law may hardly be possible without making use of its sources. Lots of types of legal rules, several forms of judicial decisions as well as a wide spectrum of criteria used while searching among legal acts of the European Union and case-law of its courts in search engines on the official websites of the European Union may, however, appear confusing, thereby making the work with sources of the European Union law more complicated and prolonging it.

Methodology Guide „How to Work Correctly with the Sources of the European Union Law“ aims to help students to understand the system of sources of the European Union law as well as the sources themselves, offer them tips and advice useful during their search and thus contribute to the adoption of fundamental procedures for working with them.

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Žofia Mrázová - Ján Husár - Jaroslav Dolný a kol.

The publication "Volené orgány kapitálových spoločností. Vybrané otázky" focuses on the assessment of legal aspects of the performance of corporate boards members and on solving application problems regarding relations arising between members of the board of directors and supervisory board and the company itself.

The first part of the publication deals with the basic conceptual preconditions to become members of elected corporate boards, including conditions for their appointment and removal. Among the issues addressed is also the required standard of performance of corporate boards members in relation to the concept of professional care and duty of loyalty. Remuneration of elected board members as well as the possibility of opposing the contract for performance are also analysed.

The application problems partly extend to bankruptcy law when examining the obligations of board of directors after the bankruptcy of a company, specifically in matters of the emergence of special liability of the board of directors as well as their performance even after the bankruptcy.

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Jana Žuľová - Denisa Rudžiková

In the environment of Slovak employers, an active approach to diversity and inclusion in the workplace is coming to the fore. Targeted diversity and inclusion programs help make employers more attractive on the labor market and attract more job seekers. Proactively, better working conditions are created for employees with responsibilities to the family (in most cases still in relation to mothers), groups of people who have been on the fringes of interest until now are also employed (elderly, disabled, LGBT groups, minorities, graduates of secondary and higher education schools).

The presented collection of abstracts responds to the outlined facts, which is a grouping of the starting motives and conclusions of the contributions presented at the scientific conference Diverse and inclusive workplaces - legislative starting points organized by the department of labor law and social security law of the Faculty of Law of the P. J. Šafárik University in Košice, which took place on September 29, 2023 in a hybrid form.

With their abstracts, the authors point to a range of problematic areas that are not only a reflection of academic considerations, but also those legal questions that have to be dealt with in ordinary legal practice. The goal is to use analysis and explanation to define the existing labor law measures/tools applicable to the implementation of diversity and inclusion in the workplace according to the current Slovak legal framework and the EU legal framework and thus emphasize the starting point of any effort to build diversity and the implementation of inclusion in the workplace.

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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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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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Jana Žuľová

Proceedings of the Second Annual Student Symposium on Labor Law held on May 12–13, 2017 in Danišovce

The presented proceedings are the result of scientific works by students of the Faculty of Law at Pavol Jozef Šafárik University in Košice and are systematically divided into two parts.

The first part presents interdisciplinary intersections of linguistics and labor law in its creation, interpretation, and application. The second part addresses the issue of targeting the addressees of labor law norms through various sanction mechanisms. The proceedings include a questionnaire compiled by the researchers of a grant project, aimed at determining whether and in which aspects the Labor Code diverges from its addressees in terms of linguistic and stylistic processing. Indeed, there is no other legal norm that is closer to the participants of labor relations, and whose understanding at the highest possible level is justified by its everyday use.

The presented proceedings thus serve as a means of expanding the horizons of our students beyond their regular studies and as a tool for popularizing scientific research. In case of interest, the completed questionnaire can be sent to: jana.zulova (@) upjs.sk.

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Jana Žuľová(ed.)

Proceedings from the 1st Annual Student Symposium on Labor Law held on April 8–9, 2016 in Danišovce

Discussions on the topic of privacy are currently very topical and interesting. The advancement and progress of technology have added a new dimension to individual privacy. With the use of modern electronic devices, terms such as precious commodity, chimera, or illusion are increasingly associated with privacy. Workplaces have not remained immune to modernization either. Machines are replacing human labor, programming and planning the production process, but also controlling, monitoring, and recording the fulfillment of assigned work tasks.

The availability of technology and its implementation in employers’ operations intrude upon the personal and private sphere of employees, which is an inherent part of every person’s life and does not remain left behind the doors of the workplace. Proper and correct use of monitoring mechanisms by employers means not only mastering their technical installation at the workplace and covering the associated financial costs, but also respecting the privacy of employees.

It cannot be overlooked that the right to privacy is among the fundamental human rights and freedoms, enjoying the corresponding characteristics (inalienability, non-transferability, irrevocability, etc.) and appropriate legal protection. And even though it is not absolute and may be suspended in favor of another right (especially the employer’s right to protect their property), every intervention—such as comprehensive camera surveillance, monitoring of phone calls, email correspondence, blocking certain websites, etc.—always has adverse consequences for the privacy of the employee.

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Jozef Suchoža - Ján Husár - Regina Hučková

The Proceedings of the International Scientific Symposium "LA W-BUSINESS-ECONOMICS XII" is a collection of scientific works by authors participating in the symposium of the same name. The publication focuses primarily on the area of representation in private law, related pai1ies in corporate and bankruptcy law, and current issues of legal regulation of artificial intelligence.

The authors of indivídua! contributions are erudite experts from various branches of law. The collection of scientific papers is a complete work in the form of a collection, with an overlap into private and public law sectors.

Readers are presented with scientific outputs from authors from the Slovak legal environment, as well as from foreign authors. Several authors' paper provide a European legal perspective or an international comparative perspective.

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Regina Hučková - Diana Treščáková - Laura Rózenfeldová

Vysokoškolská učebnica Právo informačných a komunikačných technológií je určená študentom vysokých škôl vo všeobecnosti, najmä však študentom Právnickej fakulty, ktorí majú záujem o štúdium práva v spojení s informačnými a komunikačnými technológiami. Učebnica predstavuje zdroj informácií potrebných nielen pre štúdium tejto problematiky, ale aj pre rozšírenie celkového obzoru v danej problematike.

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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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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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Ľudmila Elbert

The presented scientific monograph addresses the issue of the Rule of Law and its place, roles, and particularities at the level of international law. The Rule of Law is understood as a value that should govern communities, both domestic and international. It is thus compared to Kelsen’s basic norm, which should stand at the top of the legal order as the norm justifying the validity and existence of the norms of the legal order, both domestic and international.

Although the Rule of Law is studied at the international law level, it cannot be considered without understanding the Rule of Law in domestic law. Just as its development differs depending on whether it evolved within Anglo-American or continental law, its application and development also differ between domestic law and international law.

These differences are mainly caused by the roles and objectives that international Rule of Law is meant to secure, as well as by the distinct characteristics of domestic and international law.

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Karin Cakoci-Ladislav Hrabčák

The proceedings of student papers from the V. Annual Student Symposium represent a collection of analytical and comparative studies in the fields of tax policy, public finance, and financial law, reflecting the current challenges of the Slovak and European economies. The authors (students) focus on a wide range of topics – from considerations regarding the reintroduction of inheritance tax in Slovakia, through issues of tax evasion and abuse of law in taxation, to measures aimed at public finance consolidation. The authors (students) in their contributions also analyse practical aspects of tax administration, such as tax enforcement proceedings, case law concerning the burden of proof, and the financing of civic associations through tax assignation mechanisms. Particular attention is paid to modern challenges of tax policy, including the taxation of digital giants, financial transaction tax, and the regulation of crypto-asset service provision in the V4 countries. The proceedings also highlight the connection between tax instruments, the financing of cultural institutions, and the broader social context of public expenditures. The publication thus offers a comprehensive overview of current trends and perspectives in the field of taxation and public finance within the conditions of the Slovak Republic and the European Union.
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Alena Krunková (ed.)

Proceedings of the Scientific Conference Held on June 28, 2016 at the Faculty of Law of Pavol Jozef Šafárik University in Košice in connection with the implementation of the project “The European Union and Its Impact on the Organization and Functioning of Public Administration in the Slovak Republic” – approved under number MVZP – SK PRES/2016/134

The Slovak Republic, as a member state of the European Union, is undertaking a historic role associated with the Presidency of the Council of the European Union within the presidency trio. At the beginning of 2016, the Ministry of Foreign and European Affairs of the Slovak Republic announced a call for applications for grants for 2016 in the field of international relations and foreign policy, specifically focused on the Slovak Republic’s Presidency of the Council of the European Union. The Faculty of Law of Pavol Jozef Šafárik University in Košice responded to this call and obtained a project aimed at carrying out research activities through a series of events focused on regional self-government in the Slovak Republic in the context of its role within the European Union. The Faculty has long been engaged with issues of European Union law both in its teaching and in the scientific research activities of its individual faculty members. The project aims to enrich this portfolio with special activities targeting not only professionals, but also students and the general public.

The first activity of the project was a conference entitled “The European Union and Its Impact on the Organization and Functioning of Public Administration in the Slovak Republic – Development So Far, Current State, and Perspectives.” The conference was attended by invited public officials, representatives of academia, and representatives of local government, as one of the main goals of the project is to connect the academic community with the practical sphere and thus involve practitioners in the planned activities within the project.

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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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Miroslav Štrkolec - Filip Baláži - Natália Priateľová - Anna Vartašová

Tax Law and New Phenomena in the Economy. This collection of scientific papers presents contributions from the international scientific conference “V. SLOVAK-CZECH DAYS OF TAX LAW: Tax Law and New Phenomena in the Economy,” which took place on June 5 and 6, 2023, at the Faculty of Law of Pavol Jozef Šafárik University in Košice and was supported by the Scientific and Grant Agency within the project APVV-19-0124 “Tax Law and New Phenomena in the Economy (digital services, shared economy, virtual currencies).”

The individual contributions focus on addressing current issues of tax law in the context of new phenomena in the economy. The authors in their contributions mainly deal with digitalization and the resulting challenges for tax law, especially specific problems related to crypto-assets, digital tax, and technologies, as well as the shared economy and its tax impacts.

Attention is also given to selected extraordinary measures adopted in the financial sector in response to the COVID-19 pandemic and application problems that have arisen or may arise in their implementation in practice.

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