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EN
The study deals with the historical determinants, concepts and practical implementation of the foreign policy of the Slovak Republic in the first decade of its existence (from its establishment in 1993 to Slovakia’s accession to the NATO and EU in 2004). Author examines the external and internal factors shaping the Slovak foreign policy, i.e. in particular the dynamics, which on the one hand resulted from the attractiveness of NATO and the EU (and of the Western orientation in general) but on the other hand was based on the anti-liberal and nationalist political traditions and tendencies that were very significant in Slovakia in the respective period.
EN
Main theme of this article devotes to activities and decisions of Vojtech Tuka after his return from prison to Slovakia in autumn 1938. In spite of statement that he will works in politics no more, his diplomatic activities were essential in the contex of slovak statehood creation. From autumn 1938 to spring 1939 he engaged in several political meetings with significants nazi statesmen including Adolf Hitler, Hermann Göring or german secretary of foreign affairs Joachim von Ribbentrop. Although the establishment of the independent Slovak Republic was not the decisive point as regards the result of the activities of Slovak politicians, but mainly due to the international situation in Central Europe and the decision itself Adolf Hitler and political activity, effort as well as its diplomatic connections were contributed to the final events of March 1939 that the Slovaks meant for the first time in the history of the era of national independence. Subsequently, during the existence of the Slovak Republic 1939-1945 Vojtech Tuka held political positions through which could make major policy decisions and heavily influence the affairs of state.
EN
The article offers a cross-sectional overview of the recent amendments to the Slovak Act on international private law and international procedural law of 1963. Following certain fundamental changes brought about by the approximation of laws required in order to ensure the accession of the Slovak Republic to the European Union in 2004, the subsequent regulations on the European international private law and international procedural law have not been reflected by the Slovak legislature. Gradually, the national conflict of laws legislation started to diverge from European models in several areas. Practical difficulties are caused by the fact that Slovakia does not participate in the enhanced cooperation of EU Member States in the field of family matters, but at the same time does not offer any national solution concerning certain crucial aspects (for example the determination of jurisdiction for matrimonial property disputes). The article also describes the amendments that were supposed to facilitate the work of courts as regards the identification and application of foreign law or the enforcement of foreign decisions, as well as summarises the national debate on interim measures having extraterritorial effect prescribed by Slovak courts.
EN
The study presents problems of small and medium-sized enterprises’ development in Slovakia. There were discussed specific conditions for the SME’s functioning at both national and regional level. The market competition as well as state interventionism were taken into account. The influence of the SMEs on the Slovak economy was described in details.
PL
W opracowaniu zaprezentowano problemy rozwoju małych i średnich przedsiębiorstw na Słowacji. Przedstawiono specyficzne uwarunkowania dla funkcjonowania MSP na poziomie krajowym i regionalnym. Uwzględniono zarówno konkurencję rynkową, jak i państwowy interwencjonizm. Szczegółowo opisano znaczenie MSP dla gospodarki Słowacji.
EN
The article concerns the problem of crime related to the Roma minority in Slovakia. The text presents the most important socio-cultural issues that affect the occurrence of crime perpetrated against Roma. It also discusses crime committed by Slovak Gypsies. The paper also comprises photographic documentation.
EN
The article’s subject is presentation a right of natural environmental protection in regulations in the Slovak Constitution and acts, especially in the environmental act. With ambitions to achieve the point, there is introduced an object of right of natural environmental protection, subjects which can benefit from this protection, the scope of protection and indicated subjects responsible for protection of this right. The right of environmental protection consist of right of friendly environment and right of information about the situation of environmental protection in Slovakia. On the end, author presents European and international regulations related to environmental protection which are a part of the system of protection of fundamental rights and freedoms in the Slovak Republic.
EN
Slovak Republic is the state, where in comparison with Czech Republic, Poland and Hungary, considerable percentage of inhabitants present representatives of national and ethnic minorities. The basic documents for normalization the situation of minorities in Slovakia are Constitution and State language Act. Slovak Republic is also obliged by bilateral agreements and obligations from membership in international bodies with global and regional coverage: The United Nations, The Council of Europe, The Visegrád Group and The Central European Initiative. The ethnic policy of V. Mečiar government with reference to Roms and Hungarians has caused isolation of Slovakia on international scene. Slovakia has fallen out from first group states aspirating to UE and NATO. In analyzed period Slovakia had to give up participation in Visegrád Group and faced many tensions with Hungary.
EN
Shortly after the establishment of the first Czechoslovak Republic, there was a lack of national conscious educated workers in Slovakia. To address this issue, Czech employees were recruited. The number of the Czechs was thus growing gradually, and by 1930 it reached about 120,000 Czech citizens in Slovakia. The change in the political situation in 1938 considerably restricted the employment opportunities for Czech workers. After October 6, 1938 the representatives of the Hlinka's Slovak People's Party clearly demanded the departure of the Czechs from Slovakia. A significant change in the position of Czech employees in Slovakia occurred following the establishment of the Slovak Republic. The Slovak government decided to relocate all Czechs against whom it gradually adopted discriminatory legal measures.
EN
The Police perform one of the most important roles within the modern society from the view­point of providing and maintaining peace, order and security. In the Slovak Republic the Police have been in existence for a relatively short time, but legislation regulating their activities and structure has already undergone several reforms. This treatise contains information regarding the structure and tasks of the Police of the Slovak Republic, discusses the development of criminality within the Slovak Republic, and analyses the current social status of the Police.
EN
The article concerns the issue of trade law in the context of its evolution and the current realities of its being in force in Republic of Slovakia. In the paper the authors present an historical view of the creation of legal regulations about trade from ancient times to present days. In the first part of the paper the political system and its components are discussed. The reader will be able to acquaint themselves with the functioning of the apparatus of executive power (the government and ministries), legislative power (the parliament consisting of 150 members) and judiciary (independent courts and prosecutors) in the Republic of Slovakia. Moreover, this part of the article provides information about practical aspects of the creation of selected components of the constitutional legal order (e.g. parliamentary elections). In the second part, the paper covers the evolution of trade law over the centuries, approaches to regulations in Mesopotamia, based on, inter alia, the Code of Hammurabi, and also in ancient Egypt and Greece. Tracing the development of trade law over the centuries, the authors also present the evolution of legal regulations in this field in the XIX century, with particular reference to France, Germany and Austria-Hungary (especially the territory which today forms the Czech Republic and the Slovak Republic). In the last part of the article, the forming of regulations of trade law in Czechoslovakia from 1918 and during subsequent periods which created the history of that country, to the overthrow communism and the peaceful division of the state in 1993 into two separate, independent state organisms – the Czech Republic and Slovakia - is approached.
EN
The history of District children´s homes in Slovakia dates back to the period of interwar Czechoslovakia. They were founded and managed by the District youth cares, overseen by the Slovak Youth Care Centre in Bratislava. During the existence of the Slovak State, these institutions represented the most important organizers and implementers of social care for children and youth. The District children´s homes formed a network of private institutional care for worthy children, they served as centres of organized family care in the district. In 1942 there were 25 of these orphanages. They accepted only healthy children, called “normal” during the period that is the subject of this paper. In the case of District children´s homes, as a principle, children were placed in them only for provisional, temporary period. Children who were explicitly abandoned belonged to the state institutional care, followed by care in foster families. Children were admitted at the request of relatives, the home village, the district court or fiduciaries based in District youth cares. Qualified educators were in charge of education in the District children´s homes.
The Lawyer Quarterly
|
2020
|
vol. 10
|
issue 3
279-292
EN
The article focuses on questionable amendment to the Electoral Law in the Slovak Republic adopted in response to the delayed withdrawal of the United Kingdom from the European Union (Brexit). Following the new redistribution of seats in the European Parliament reflecting the planned leave of the United Kingdom, such amendment to the Electoral Law determines which one of 14 members of the European Parliament elected in Slovakia will not take up his mandate until legal effects of Brexit occur. However, the European elections in May 2019 showed that the application of the amendment to the Slovak Electoral Law can lead to a jeopardy of the principle of equal suffrage, which is a common value for all democratic states, not just those who are Member States of the European Union.
EN
This paper attempts to identify the differentiated approaches of the Czechs and Slovaks in relation to monetary integration (the EMU) in Europe. It includes analysis of the key strategic documents programming the countries’ position in and towards the Eurozone, the presentation of selected economic parameters, as well as public opinion surveys on the issue, which divides not only Prague and Bratislava but the whole Central European region. As a result it shows the diversifi ed picture of the two member states’ approaches towards the Eurozone. Comparing the Czech and Slovak cases enables to observe two individual trajectories that launched in 1993. If not the Czech-Slovak divorce, both of the economies would be outside or inside of the Euro-club.
EN
The author presents the history of the system of protection of basic rights and liberties which had been in force before the establishment of the Republic of Slovakia (before 1993). The paper casts some historical light on the legal status of protection of rights and freedoms in the first Republic of Czechoslovakia (before the Second World War) and afterwards. The author shows how the law was changing at the time of the existence of Czechoslovakia (as a commonwealth of the Czech and the Slovak), which influenced the legal regulations of the independent Republic of Slovakia. In the final part, the author presents the role of the Charter of Fundamental Rights and Liberties of 1991. Today, the Charter is one of the acts protecting rights and freedoms in Slovakia and holds the same legal position as the Slovakian Constitution. The paper aids the reader in understanding the sources of present legal constructions related to the system of protection of rights and liberties in the Republic of Slovakia.
EN
In one of the many definitions of public administration it was stated that it is the fulfillment of individual and collective needs of citizens, resulting from the co-existence of people in society, realized by the state and its dependent organs. One of the needs of an individual is the need for safety. Ensuring the safety of citizens is realized by the public administration, due to its service to the society as an executive apparatus possessing a democratic mandate of political power, in service of the law created by said organs. A particular role in the area of defense belongs to authoritative administration, which performs tasks including reversing risks and removing dangers, including the realization of tasks and undertakings aimed at military preparation in case of war. The aim of the following article is to present the tasks and competences in the area of protecting the President, the government, government administration officials on duty and local self-administration of the Slovak Republic. Various methods have been used to reach the pre-determined goal, primarily the method of document investigation, which made it possible to gather, sort, describe and scientifically interpret the legal acts of the Slovak Republic regarding defensive matters.
EN
Aim. The primary aim of the study is to examine how the issue of Holocaust is integrated into teaching of history at primary schools and grammar schools in the Slovak Republic. The secondary aim is to present the methodological ideas, suggestions and recommendations for teaching Holocaust in Slovak schools. Methods. The subject of the study is analysis of basic state educational documents defining the compulsory content of education and training for the school subject of history at primary school and grammar school, thus the National Educational Programme for lower secondary education (second stage of primary school) and the National Educational Programme for grammar schools (completed secondary general education), with emphasis to Holocaust. The method of analysis is applied to textbooks of history that contain information of Holocaust. The study also includes a detailed analysis of methodological recommendations and suggestions prepared by the Ministry of Education, Science, Research and Sport of the Slovak Republic and the National Institute for Education to assist teachers in teaching Holocaust issue. The study is supplemented by knowledge from educational practice what was obtained through interview method with 15 teachers of history. Results. Holocaust is an integral part of teaching history at primary schools and grammar schools. Students get acquainted with Holocaust issue in Slovak and global historical context in the 9th year of primary school and in the 3rd year of grammar school with a four-year educational programme. The basic content of education is defined in the eduational standards of national educational programmes. Teachers can specify and concentize it even more within teaching of history. Its development is aided not only by textbooks of history but also by various educational and professional activities defined in various methodological materials and manuals.
EN
The paper deals with problems of internationalisation of higher education in the Slovak Republic with the focus on the University of Žilina in Žilina.
EN
In the article I explain certain aspects of the longstanding jurisdictional and property conflict between the Territorial Abbey of St. Martin on Pannonian Mountain (Hungary) and the Trnava Archdiocese (Slovak Republic). Based on an analysis of existing historical documents it is justified that the withdrawal of consent to the pastoral action of the Hungarian Benedictine monastic House in Komárno by Archbishop Ján Orosch was fully in accordance with canon law. The main reason was that the House in Komárno was not an independent house sui juris, and proper religious life was not practised there. This fact was confirmed by a decree of the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life in November 2015.
EN
This paper discusses the Al Capone case and identifies legal institutions which contributed to the conviction of Al Capone for tax evasion in the USA and discusses similarities in Slovak law. The Slovak legal environment is assessed with the aim of identifying potential room for improvement. Under an assumption of identical factual circumstances, it is tested whether Al Capone would be convicted of tax evasion in the Slovak Republic and if not, what would be the main reasons. The paper concludes that due to some, probably unintentional, specifics of Slovak tax and criminal law, Al Capone could not be convicted of tax evasion by the Slovak courts. In our opinion, these specifics do not, however, constitute material elements of the basic structure of Slovak tax and criminal law and could be relatively easily corrected.
EN
The article aims to describe the key events in the development of mental health care policies after 1990 in the two countries and identify the main reasons for stagnation or incremental changes to the institutional setting in the field of mental health care. The process of mental health care reform is explained using the framework of historical institutionalism. The explanation shows that the lack of political interest in combination with the tradition of institutional care resulted in poor availability of psychiatric care, outdated network of inpatient facilities and critical lack of community care facilities in both countries. Even though Slovak Republic adopted national programme at the governmental level, it still struggles with its implementation. The ongoing reform attempt in the Czech Republic may bring some change, thanks to a new approach towards strategic governance of the mental health care system and the mechanism of layering that the promoters of the reform use.
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