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ADVOKÁT V PRÁVNOM ŠTÁTE

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Gajdošová M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2019
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vol. 102
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issue 1
22 – 43
EN
This article describes recent understanding of the advocate in the law-governed state in several historical examples, where positive and also negative experiences of history of Slovakia emphasize relationship between the advocate and the law-governed state and his role there.
2
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Prawo swobodnego zrzeszania się w stowarzyszeniach w Republice Słowackiej

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Gajdošová M.
Forum Prawnicze
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2015
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issue 3 (29)
20-37
EN
Freedom of association consists of a right to form associations and unions as well as a right to associate therein. Associations represent a natural and inevitable element of a pluralistic and democratic society. Optimal legal regulation enabling their existence and effective operation contributes to the stability of democratic establishment of the state. The article aims to review legal regulations governing associations in the Slovak Republic, with the underlying premise being that freedom of association belongs to fundamental rights. To that end, the article makes references to sources of law in Slovak Republic and also to the basic means of practical realization of freedom of association: people themselves, voluntariness, personal autonomy, separation of associations from the state, registration processes, legal conditions upon which state and judicial interventions are hinged, types of associations. The author seeks to describe the legal environment in which associations in the Slovak Republic operate, against the backdrop of legislative provisions and decisions of relevant state bodies and the judicial branch of government.
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ZDRUŽENIA AKO PROSTRIEDOK POLITICKEJ PARTICIPÁCIE NA SPRÁVE VECÍ VEREJNÝCH

100%
Gajdošová M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2022
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vol. 105
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issue 6
445 – 468
EN
Over time, many types of communities have crystallised in society, which have been regulated by the law and which participate more or less politically in governance in the broadest sense. These are various associations of persons and associations of assets. The basic prerequisite for the contemporary view of civil society is (i.a.) (i) the existence of diverse associations of persons and assets and (ii) their willingness to cooperate with the state, with other public entities and their will to participate in governance - to influence and participate in it, because the hallmark of such „extra-state“ entities is voluntariness, also in their activities, also self-governing and autonomous character and separateness from the state. The author discusses the development of civil society in our country (from the second half of the 19th century to the present) and points out that the legal aspects of the formation of civil society are related to the democratisation of society and the promotion of the concept of deriving the source of state power from the citizens. Associations of persons have contributed to the achievement of civic equality in the political sense and have influenced various areas of public affairs and their administration, as well as contributing to the emergence and development of a relatively young institution - that of interest self-government. The author points out that civil society can also be shaped restrictively. For the favourable development of the democratic organisation of the state and society and for the observance of the rule of law, it is necessary to preserve a free environment for the development of civil society in all its forms, including associations.
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