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1

ENVIRONMENT - LAW - STATISTICS

100%
Julesz M.
Tarsadalomkutatas (Social Science Research)
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2007
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vol. 25
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issue 1
45-62
EN
The present study comprises, besides law related to environmental statistics, agricultural environment protection, environmental statistics, law related to statistics and EU law. Regarding one of the four main tasks of statistics, namely to reflect the state and changing of the natural and built environment (according to Section 1 of the Hungarian Act on Statistics in force), the study aims at underlining new aspects of legal statistics, and highlighting foreign examples, as well as new tasks of the Hungarian law on statistics, originating from duties of the Hungarian Republic within the reaches of the European Union. Legal disposition should be completed by legal sanction: therefore, a short review of criminal law and police crimes in connection with the law of statistics is discussed alike.
2

O ORGANIZÁCII, RIADENÍ A ROZHODOVANÍ ÚSTAVNÉHO SÚDU SR. KRITICKÉ POZNÁMKY K NOVÉMU ZÁKONU I.

100%
Mazák J., Jánošíková 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
44 – 55
EN
The authors analyse critically the second and third part of the new act on the Constitutional Court which becomes legally binding from the 1 March 2019. Their contribution starts with the consideration on the lack of respect towards the EU law despite the fact that the Constitutional Court is a court who is obliged to submit preliminary ruling questions. There are several specific problems with the interpretation and application of the new act. The most relevant are the decision making by a single judge and the unification of different legal opinions of chambers of three judges of the Constitutional Court. The rest of the interpretative difficulties concern the removal of President and Vice-President of the Constitutional Court.
3

ZMIEŠANÁ ZMLUVA AKO PRAMEŇ PRÁVA EURÓPSKEJ ÚNIE

100%
Lysina P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2018
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vol. 101
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issue 4
372 – 392
EN
Mixed agreements, together with those concluded within the exclusive competence of the EU belong to major instruments of the EU external relations. Mixed agreements are typical for the EU treaty practice. Therefore, it is hardly possible to find them in another division of law. Respecting that, the article focuses on mixed agreements as a phenomenon of the EU Law. The aim of the article is to analyse EU Law regulation of mixed agreements. At the same time, the article focuses on theoretical aspects of mixed agreements in the second part. Based on that, in the first part the article provides analysis of the primary law rules and jurisprudence of the Court of Justice of the EU. Aim of this part is to examine quality of regulation of mixed agreements in the EU Law and point out on its “weak parts”. The second part is rather theoretical. Here the article provides analysis of notion “mixed agreement” and, in particular on essential elements of this notion. To these essential elements of mixed agreements, the article includes “joint conclusion of mixed agreements”, “divided competence” and “common consent”. The analysis of the notion is followed by a classification of mixed agreements. This classification could be divided into two parts. First, provides information on existing views of theory, while the second one is focused on new criteria for division of mixed agreements.
4

‘THE COURT OF THE LAST WORD.’ COMPETENCES OF THE POLISH CONSTITUTIONAL TRIBUNAL IN THE REVIEW OF EUROPEAN UNION LAW

100%
Dudzik S., Półtorak N.
Yearbook of Polish European Studies
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2012
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vol. 15
225-258
EN
In its judgment of 16 November 2011 in case SK 45/09, the Polish Constitutional Tribunal (CT) called itself ‘the court of the last word.’ This self-determination aptly characterises the entire hitherto delivered line of jurisprudence of the Tribunal in European matters. In spite of the persevering doubts as to the scope of its jurisdiction at the juncture of EU and Polish law, eventually the CT has always come to confirm its competence to review the conformity of challenged EU law provisions with the Polish Constitution. The approach of the CT reflects the way the Court understands the constitutional principle of the primacy of the Constitution as the supreme law of the land in Poland. The aim of this article is to present and analyse the legal views of the Constitutional Tribunal regarding the review in Polish courts of European Union law. Firstly the article concentrates on the review of primary EU law as to its compatibility with the Polish Constitution, and then on the review of secondary EU law. The article also tries to answer the question whether the position taken by the Constitutional Tribunal and its argumentation is consistent with both EU law and Polish constitutional law, and what the consequences are for the jurisdiction of the CT and constitutional claims.
5

PREJUDICIÁLNA OTÁZKA O VÝKLADE PRÁVA EURÓPSKEJ ÚNIE A PRÁVO NA SPRAVODLIVÝ PROCES

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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2023
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vol. 106
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issue 4
291 – 301
EN
The polycentrism of the law-making has implications for court proceedings. The decision of the Court of Justice of the EU in preliminary proceedings ensures a uniform interpretation of European Union law. Failure to submit a question to the Court of Justice of the EU may lead to a violation of the right to a fair trial and right to the legal judge.
6

Znaczenie prawa Unii Europejskiej dla wykładni przepisów dotyczących oświadczeń nabywców oleju opałowego – wybrane problem

100%
Kalinowski M., Lasiński-Sulecki K.
Kwartalnik Prawa Podatkowego
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2011
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issue 1
23-37
EN
Under Polish law a seller of heating oil is required to obtain the declaration of a buyer that the heating oil would be used for heating purposes. Otherwise, the seller cannot apply an excise duty rate applicable to the heating oil, which is significantly lower than a rate applicable to the oil used as motor fuel. The authors of this article have analyzed the consequences of irregularities in these declarations for the sellers from the perspective of Polish and EU law.
7
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THE COSTITUTIONAL TRIBUNAL IN THE EUROPEAN CONSTITUTIONAL SYSTEM (Trybunal Konstytucyjny w europejskim systemie konstytucyjnym)

100%
Wojtyczek K.
Przegląd Sejmowy
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2009
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issue 4(93)
177-192
EN
APoland's accession to the European Union has not only considerably changed the system of sources of law, but also exerts influence on the position of the Constitutional Tribunal in the Polish and European constitutional systems. An analysis of the provisions of the constitution leads to reinterpretation of the principle of primacy of the constitution and to the limitation of the scope of its application. The Tribunal safeguards the constitution which slowly and gradually loses its former significance. The powers of the Constitutional Tribunal to review EU law are limited. First of all, it may examine constitutionality of the national laws implementing EU law, as well as constitutionality of treaties that make up European primary legislation. Review of secondary legislation is possible in case of a constitutional complaint. The Constitutional Tribunal has also limited powers to examine conformity of Polish law with EU law. The main burden of responsibility for eliminating hierarchy contradictions from the legal system will gradually fall upon courts. In that context, it may be expected that after Poland's accession to the European Union the emanation of Polish constitution within the legal system will be lowered to the benefit of the EU law. In the context of the European integration, the Constitutional Tribunal may perform new constitutional-law functions: on the one hand, of a body adopting Polish constitution (by way of a more or less creative interpretation) to the needs of European integration and, on the other hand, of a body declaring, in exceptional circumstances, the existence of a threat to, or a violation of, the fundamental constitutional values and inducing the supreme Polish political organs, and the EU organs, to take actions aimed at elimination of such treats or violations.
8
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Konsensualne negocjacje czy głosowanie – kontestowanie aktów prawnych w Radzie UE

100%
Kleinowski M.
Studia Europejskie-Studies in European Affairs
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2012
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issue 4
27-50
EN
This article presents not only an empirical analysis of the voting records of the Council of the European Union, but also an analysis of the acts that have not been passed and therefore represents an innovative approach to research on the voting practice in the Council of the European Union. The aim of this paper is to further our empirical knowledge of the Council decision-making process by examining a data set consisting of all acts proceeded in the Council from 2005 to 2006. The data confirm that generally the Member States made collective decisions by consensual negotiations, even in the 80 per cent cases where they could activate voting, and that the new Member States contested votes less often than the old ones.
9
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Zasada pierwszenstwa w orzecznictwie wybranych organów konstytucyjnych panstw czlonkowskich UE

100%
Brzezinski P.
Ius Novum
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2010
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issue 1
77-102
EN
The aim of the article is to present opinions of the selected constitutional tribunals of the European Union Member States on the relation between the European Union law and the domestic law of those states, especially their constitutions. The subject matter of the work is particularly relevant in the light of changes in the European Union law introduced by the Treaty of Lisbon which, among other things, strengthened the protection of fundamental rights by giving the Charter of the Fundamental Rights, which is not legally binding, the status of primal law. The issue discussed in the article has a descriptive and empiric character. In the light of the latest decisions made by the Court of Justice of the European Union, there are no grounds for a thesis that the primacy of the EU law over constitutional norms may be limited in the future and refer only to the acts issued by the Union organs with satisfactory democratic legitimization, kept within the limits of constitutionally awarded competence. The principle of primacy still has a conclusive character and is a conflicting principle. This means that constitutional tribunals have to remember that their decisions must be in agreement with the EU law.
10

COVID-19 A RENESANCIA DOMÁCKEJ PRÁCE

88%
Barancová H.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2020
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vol. 103
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issue 4
243 – 257
EN
The current situation creates an optimal legal space for the renaissance of home office and telework for the coming years. The expansion of the material personal scope of home office and telework is fundamentally influenced by new technologies and the related digitization of work processes. A more massive expansion of the legal space for a broader understanding of home office and telework was also created by the abnormal situation associated with the coronavirus pandemics, to which the amendment to the Labour Code of 2. 4. 2020 responded. The author analyses the new labour law regulation of performing work from home under the influence of the coronavirus pandemics and, at the same time, she analyses the existing legal status of the general regulation of home office and telework provided in § 52 of the Labour Code. Through the analysis of foreign legal regulations as well as the anchoring of these institutes in the international law and in the EU law, she proposes ways to improve the legal model of home office and telework existing in the Slovak labour law regulation.
11

ŠTATUTÁRNY ORGÁN AKO PRACOVNÍK PODĽA PRÁVA EÚ A EURÓPSKE PROCESNÉ PRÁVO

75%
Barancová H.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2020
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vol. 103
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issue 3
169 – 182
EN
In the paper, the author deals with the question whether a member of a statutory body may be considered as a worker / employee according to the EU law in the performance of his / her duties. Following that question, she analyses the possibilities for determining the competences and jurisdiction of the labour courts within the meaning of the Brussels I Regulation, in which a natural person in the status of a worker enjoys a privileged legal status, as opposed to that of a participant in the civil and commercial matters.
12

KOLEKTÍVNA SPRÁVA PRÁV VERSUS SÚŤAŽNÉ PRÁVO Z HĽADISKA NAJNOVŠÍCH LEGISLATÍVNYCH SNÁH NA ÚROVNI EURÓPSKEJ ÚNIE

75%
Králičková B.
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 5
517 – 527
EN
The contribution deals with some basic thoughts on application of the competition law on the area of collective management of copyright. In this regard it analyses latest legislative initiatives on the level of EU law, especially the Proposal for a Directive of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market – COM (2012) 372 (hereafter as “Directive”). Attention will also focus on the arguments which will be in the favour/in contrary of new Directive proposal and on potential risks, which can arise in the future. As a biggest potential risk seem to be in this matter the necessity of more intensive competition among each individual collecting society on the market. Contribution focuses on several important aspects, which need to be assessed very sensitively and which need to be taken into serious consideration in the process of approval of the new Directive proposal. Important aspect in this regard is traditional aim of existence of collecting societies connected with protection of cultural heritage and change of its perception, which the new Directive proposal brings. Subsequently the contribution deals with questions, whether the more intensive competition among collecting societies will be a positive advantage of the Directive proposal, especially with regard of improving the quality of rights´ management. At the same time the contribution focuses on new tasks for collecting societies, with which they will need to cope in the future after the final approval of the Directive proposal.
13

PRÁVNA REGULÁCIA REKLAMY ŠÍRENEJ PROSTREDNÍCTVOM ELEKTRONICKEJ POŠTY

75%
Zlocha 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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2016
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vol. 99
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issue 3
204 – 218
EN
Advertising is a phenomenon of modern society, without which we cannot imagine functioning and prosperous economy. Internet advertising is nowadays regarded as an independent marketing tool. Increasingly, however we can still observe sending of unsolicited advertising messages that present a product or service or encourage the recipient in that direction to do more. In this article the author analyses legal regulation of advertising disseminated via e-mail. Dissemination of advertising via e-mail is regulated not only by public or private national law, but is also regulated and harmonised by EU law. Whereas the dissemination of advertisements via electronic mail is an advertising action, legal regulation also applies to the use of electronic mail as an advertising tool. Doctrinal understanding of spam as unsolicited messages of any content is broader than the definition contained in the framework of EU legislation, which is limited to unsolicited advertising messages disseminated by e-mail. What remains questionable is the issue of the effectiveness of anti-spam rules because the possibility of using anti-spam law standards is considerably restricted taking into account existing limits of national jurisdictions.
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