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1

PRIESKUM ROZHODNUTÍ ORGÁNOV PRÁVNICKEJ OSOBY SÚKROMNÉHO PRÁVA V SPRÁVNOM SÚDNICTVE

100%
Csach K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2022
|
vol. 105
|
issue 1
19 – 33
EN
The Slovak legal system allows for legal entities of private law and their bodies to decide as public administrative bodies. The question whether a decision sanctioning a member of a private law legal entity (civic associations, trade unions, hunting organizations, fishermen’s associations, sports organizations but also companies) is a private law or public law decision is still unresolved. The author describes the legislative development of the judicial review of decisions of private law legal entities. The author sums up the development of the case law of the panel deciding on judicial competence, which limited the competence of the administrative judiciary in the examination of such decisions. The author criticizes the possibility of exercising public power by private entities and explains why the criteria chosen by the recent decision of the panel on judicial competence (R 16/2021) are not appropriate to determine whether the decision of a body of a legal person against its members is an administrative body. It is argued that these criteria are deviating from the legislative text, according to which the decision of a legal person is a decision of public administration only in exceptional cases and under clearly defined conditions.
2

VZŤAH PRÁVA A EKONOMIKY V OBDOBÍ KRÍZOVÝCH SITUÁCIÍ V NÁRODNOM HOSPODÁRSTVE (LEGISLATÍVNE ÚVAHY A PODNETY)

63%
Suchoža J.
Ekonomický časopis (Journal of Economics)
|
2013
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vol. 61
|
issue 5
514 – 537
EN
The aim of this study is to contribute to the clarification of the relationship of law and economics from the aspect of law. Based on the above and taking into account the recodification of Slovak civil law and historical development, author of the study explores the possibilities of increasing the efficiency of private law. The relation of law and economics is determined by the historical development of the human society. There was a wide range of social relations in the sphere of interest of the earlier legislation. This relationship gets new quality under the conditions of the transformation of Slovak economy. At present functioning of the free market raises the question of the state's role in the economy, in particular the legality and the limits of state intervention in economic relations.
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