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EN
On the basis of literature, the paper describes changes observed in Polish agriculture in the year 2004 and several following years, on the background of previous years' situation. On the grounds of the above, eight thesis have been formulated: on doubling agricultural income, on years needed for re-establishing economical balance disturbed by change of conditions, on increase of property size and modernization on farms of 16 and more ESU, on low profitability of equity capital in farms basing on high labour input and high capital resources, on growing range of agricultural producers who couple farm income with other incomes, on permanent deficit of part of farms of at least 100 hectares of croplands - in effect of legal regulations, incorrect definition for areas of disadvantageous farming conditions and high competitive potential of Polish farms in comparison to chosen UE countries. The above thesis require to be confirmed or rejected on the basis of analysis carried out in a longer time period (e.g. years 2005-2007) after Poland's accession to European Union.
EN
Interpretation of law is partially regulated by law. In Central Europe there are norms regulating the interpretation scattered in the introductory parts of codexes. In Anglo-Saxon tradition there are special law interpretation acts. There are conceptual differences in the regulation of law interpretation between these legal cultures. There is internal tension between legal regulation of law interpretation and its character of creative intellectual activity. Due to this tension the interpretation of law has to be interpreted restrictively. It binds only interpretation in the framework of the process of realisation of law but not the so called doctrinal interpretation.
EN
Starting from legal regulation of parallel proceedings in Regulation 1/2003 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty the article gives survey of community judicature concerning conditions of application of the ne bis in idem principle in competition cases. It demonstrates reflection of their conclusions as far as the ne bis in idem principle is concerned on recently judicator international cartel agreement (GIS) in judicature of the national competition authorities of the Slovak and Czech Republic.
EN
Public research institution forms an entirely new form of legal entity within the law of the Slovak Republic. New legislation has been designed to enable the transformation of various kinds of the research organization in the Slovak Republic under the one new model institution. The article deals with those special provisions of the Act on Public Research Institutions which allow to public research institutions to set new spin-off and start-up companies, as well as to acquiring the shares in the existing companies. The author focuses on mapping and systemizing of gained knowledge on development as well as on current stage of legal regulation of this type of companies in the USA and Europe.
EN
The current economic crisis has brought about social and legal instability worldwide. Under these conditions a credit consumers’ cooperative acts as a guarantor of social security to the low-income population. The article deals with western- and national-related origins of the legal framework of credit consumers’ cooperative societies in the pre-revolutionary Russia.
EN
The last decade has witnessed significant changes in the regulations on internal auditing in the public finance sector. At the time of global economic problems, an improvement of public resources management has become especially vital. According to the authors of the article, new challenges in the field should concentrate, inter alia, on a better protection of budgets against the effects of the crisis, which should allow for effective risk management, elimination of irregularities and better management of resources. In their article, the authors refer to the act on public finance, as well as other selected issues such as, for example, the independence of the auditor, and to the act on auditing in the government administration that used to be in force until recently. They aim at indicating several problems in the application of internal audit that have not been settled in legal regulations. The authors also refer to those changes in the regulations that brought about new challenges for practice and theory alike, in the field of both political issues and audit methodology.
Ius Novum
|
2009
|
issue 2
64-93
EN
The article presents principles of reciprocal recognition of decisions, their characteristic features and legal regulations which had the biggest influence on their creation. The basic sources of reciprocal recognition of decisions are in the co-operation of the Nordic countries, in the instruments of reciprocal assistance in criminal cases within the Council of Europe and the European Union as well as in the will to further strengthen and improve the co-operation between the European Union member states in the field of criminal cases.
EN
The article deals with the subject of Czech and Slovak 'Laws on Merits' that declare special merits of some historical personalities in the development of the Czech and Slovak nations. The author takes a critical attitude, because these acts do not fulfil basic criteria required from a legal regulation, because respect and recognition as explicitly subjective feelings cannot be imposed by a legal regulation and because legal regulations ordering to pay tribute to historical personalities are largely opposed to the principle of freedom of conscience, conviction and scientific research. The author proposes to abandon this practice and to use historically proven methods how state power can pay tribute to a personality (solemn declaration, erection of a memorial, etc.).
EN
The presented article deals with the regulation of sexism in advertising, especially from the point of view of public law regulation. In the introduction, the author discusses the general definitions. Before the author proceeded to the analysis of the sexist elements in advertising practice, he defined the constitutional anchoring of the protection of advertising as such, as initially there were various controversies as to whether it is even possible to consider advertising as a means of exercising freedom of expression. The primary purpose of the article is to define the scope of the legal regulation of sexism in advertising in the Advertising Act and the method of application of the currently valid legislation by Slovak public authorities and courts. The author points to the jurisprudence of foreign courts and the European Court of Human Rights.
EN
The paper deals with the explication of importance of squeeze out institute under conditions of the Slovak Republic, which has transposed the squeeze out regulation into the national legal regulations based on Directive of the European Parliament and Council of the European Union 2004/25/ES of April 21, 2004 on takeover bids and is connected with harmonization of our legal regulations with the legal system of the European Union. The goal of the paper is to specify the theoretical bases of squeeze out, to describe the methods of determination of an appropriate consideration with buy-out right applied, from the point of view of methods of determination of a general value of property in the Slovak Republic applied, and to propose the conceptual plans of the selected problem spheres of that given legal regulations.
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.
EN
This paper analyzes the issue of transnational industrial action in the European Union. European Union law neither national legal orders in individual the Member States do not deal with the matter in an explicit way. Hence the legal framework for a multinational strike is derived from the fundamental guarantees of the right to strike, contained in several international instruments (including the Charter of Fundamental Rights of the EU) as well as in constitutions or other national regulations. Likewise decision making process of both European and national courts plays an important role in creating the legal environment for realization of the transnational forms of industrial action. The authors present their proposals de lege feranda in relation to the possible development of legislation in the field of the issue in question on the basis of analysis of legal environment in the EU law and selected national legislations.
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