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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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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.
3

ZDRUŽENIA AKO PROSTRIEDOK POLITICKEJ PARTICIPÁCIE NA SPRÁVE VECÍ VEREJNÝCH

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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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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.
4

OBČIANSKA SPOLOČNOSŤ – PRÁVNE VYJADRENIE

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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2023
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vol. 106
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issue 4
275 – 290
EN
The aim of this paper is to outline the legal expression of the concept of civil society. The paper is based both on the sources of the idea of the formation of civil society and on the current knowledge of legal science, legal regulations and strategic documents at the level of the Slovak Republic, the EU and others. The concept of civil society is a broad and internally structurable concept with its own history and dynamics. From a legal perspective, it is important that the content of the concept of civil society includes persons, both natural persons and legal entities. Of course, it also includes their activities. The classification of civil society can take into account the dimension of the state, the dimension of the European Union, the dimension of an otherwise international one. The legal expression of the content of the concept of civil society depends more or less on the purpose for which the term is used and on the „author“ who uses it. Civil society can be expressed in a range from the narrowest to the broadest meaning. A democratic and rule of law state requires an independent civil society.
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