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1

ODSTRAŇOVANIE KONTRADIKTÓRNOSTI NORIEM V APLIKAČNEJ PRAXI A DOKTRÍNA RACIONÁLNEHO ZÁKONODARCU

100%
Hodás 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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2011
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vol. 94
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issue 4
365 – 377
EN
Communication in general and the problem of understanding legal norms in particular is a complex process that can be explained by Frege’s semantic triangle as the relationship between objective reality, world of ideas and linguistic sphere. We are witnessing a growing number of laws, which are characterized by low quality and often incoherence, and even contradiction. This situation would seem necessary to use the interpretative doctrine of the rational law-maker, which consists of projecting rationality on the law-maker, respectively on legal norm created by him. This way is eliminated interpretative methods, which would lead to absurd results or contradictory results. At the same time it is created potential for greater credibility of law, increased coherence of law and effectiveness of legal norms. The article refers to the related jurisprudence of constitutional courts of the Slovak Republic, the Czech Republic and Poland.
2

VZŤAH SLOBODY, BEZPEČNOSTI A PRÁVNEHO ŠTÁTU (INTER ARMA SILENT LEGES)

100%
Hodás 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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2013
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vol. 96
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issue 3
201 – 221
EN
Security risks of today, terrorism, these are the factors that lead to breaching the traditional legal guarantees of the individual and to change of perception of human rights. The author deals with the thesis that the state must guarantee human rights, but in the effective elimination of security threats is forced to violate them. Against the background of the historical development of human rights and in the context of the philosophical concepts of relationship of the state and individual, relationship of freedom and security by Thomas Hobbes, John Locke and Immanuel Kant, the author seeks to clarify the function of human rights and the risk of breaching them. Guarantees of the freedom of individual are a response to impending dangers. Violation of human rights means loss of legitimacy of the state action. Security measures are often overreaction of state. We should not stop the effort to take the human as a purpose not means.
3

TABUĽKA ZHODY AKO NÁLEŽITOSŤ PREBRATIA SMERNICE (ORIENTAČNÁ ISTOTA V PRÁVNOM PORIADKU)

100%
Hodás 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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2015
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vol. 98
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issue 2
149 – 163
EN
In legislative technique of the European Union, the correlation tables are used to demonstrate compliance of content, or to simplify orientation, for example between „old“ and new treaties, or between former and new legislation. The correlation table in the Slovak Republic is worked up by drafting of legislation at the level of Slovak Government, if the draft legislation is to transpose a Directive, the exact form of correlation tables is determined Legislative Rules of the Slovak Government. The necessity of the existence of correlation tables of transposition measures with EU law can be derived from the obligation of loyalty of a Member State of the European Union, as well as the related case law of the Court of Justice of the European Union, which refers to the obligation to provide the Commission with information that is clear, precise and clearly identifies those laws and regulations, which the Member State considers that they have satisfied the various obligations imposed on him by the Directive. Failure to comply with the notification obligation of the Member States, whether by providing no information, or insufficiently clear or insufficiently precise information, may of itself justify a procedure under Article 258 of the Treaty on the Functioning of the European Union. Similarly, the addressee of the legal norm needs to know that the norm has EU origin to be able to know the specific effects of the norm. From the point of view of the European Commission we are talking about the facilitation of checking of compliance with the transposition obligations of the Member States and in view of the addressees of legal norms we are talking about orientation certainty and recognizability of the legal system. In this context, it appears as a lack that there is no systematic centralized database of correlation tables, which is accessible to the public and no obligation to produce a consolidated version of correlation tables, which reflect the changes in transposition measures discussed in the National Council of the Slovak Republic. Legal certainty is undermined also by the fact that the correlation tables are not prepared by implementing the regulations of the European Union.
4

NARIADENIE EURÓPSKEJ ÚNIE Z POHĽADU NORMOTVORBY

100%
Hodás 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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2014
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vol. 97
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issue 3
280 – 294
EN
Connection of the law of the Slovak Republic to the law of the European Union is related to a large number of new conceptual issues of legislative and procedural character, that are often connected with their significant law enforcement connotations. In case of a regulation it is necessary to bear in mind specific character of this legal act. The Regulation is directly applicable in all Member States of the European Union. It is forbidden to transpose it into the national law. According to Court of Justice of the European Union transposition of content of regulation into the domestic law of a Member State is permitted only exceptionally in the interests of clarity, homogeneity, and effective applicability of legislation, provided, that in this way there is no blurring of the Union origin, nature and legal effects of regulation. It is also permissible to provide implementation of regulation by setting of sanctions or establishing the competence of national authorities.
5

PROBLEMATIKA NÁZVOV PRÁVNYCH PREDPISOV A NÁZVOV PRÁVNYCH AKTOV EURÓPSKEJ ÚNIE

100%
Hodás 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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2013
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vol. 96
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issue 2
126 – 136
EN
In the presented contribution, the author deals with the names of the enactments in terms of related legislative technics and requirements on law-making resulting from the value orientation of the legal system on the rule of law, i.e. particularly the requirements for transparency - a good orientation in law, the requirement of legal certainty and clarity of the law. The author also describes the essentials of the names of the acts of the European Union and associated legislative technique. He speaks critically above a change of names of the legislation as well as changing the names of the acts of the European Union, which makes already difficult orientation in the system of law even more difficult. As a possible way to improve the orientation in the system of law sees electronization of authentic versions of the legislation, which will serve as a legitimate authentic source of law.
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