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TEST PROPORCIONALITY A ŠTRUKTURÁLNE ASPEKTY KOLÍZIE ZÁKLADNÝCH PRÁV

100%
Kukliš Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2013
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vol. 96
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issue 1
50 – 66
EN
The article deals with the principle of proportionality, which, despite being very well-known and widely used in other European countries, has received quite a reluctant treatment in Slovakia. It was only in 2009 that the principle of proportionality was dealt with in an upto-date fashion by Constitutional Court of the Slovak Republic in two cases concerning freedom of speech. The article uses these cases as an example through which it tries to explain the structure, origins and ideas underlying the principle of proportionality with special regard to Robert Alexy’s theory of balancing of constitutional rights.
2

ANALÓGIA V SPRÁVNOM TRESTANÍ A JUDIKATÚRA NAJVYŠŠIEHO SÚDU SLOVENSKEJ REPUBLIKY

100%
Kukliš Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2014
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vol. 97
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issue 5
456 – 469
EN
There is neither a unified catalogue of administrative sanctions nor a unified code of their application in the Slovak legal system. While the non-existence of such a catalogue is understandable, considering the multitude of areas regulated by administrative law, the absence of a code of application cannot be similarly justified. The Supreme Court of the Slovak Republic attempts to overcome this problem through analogous application of criminal law institutes also on the process of imposing administrative sanctions - that is on situations for which these institutions weren’t conceived. This article analyses conditions under which the analogy in the area of administrative sanctioning should be allowed and warns of the risks involved in the flat imposition of criminal law procedures in the sphere of administrative sanctions.
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