Co-organizers:

Sessions


Please, click on the respective session to find information about participants and their abstracts:

Session 1Research and Tools of Non-governmental Sector and Academia in the Area of the Judiciary and Good Governance

Summary: Session is focused on activities of non-governmental sector and academia in the area of the judiciary and good governance. The Slovak judiciary faces various challenges, such as inefficiency, lengthy procedures, or mistrust. The area of good governance suffers from suspicions of inefficient public resources allocation and conflicts of interest, frequent changes of public employees, absence of various mechanisms preventing corrupt behavior etc. Papers should present research oriented on the analysis, comparison and solution proposals dealing with problematic phenomena of the judiciary and good governance. Moreover, we welcome papers offering non-governmental social and legal instruments leading to increased trustworthiness and efficiency of the judiciary and increased transparency. Session has the ambition to introduce the work of the NGO sector and their instruments to the academia with the objective of experience exchange and open discussion with the members of academia and guests from practice.

Guarantee: doc. JUDr. Jozef Vozár, CSc.,JUDr. Vladislav Mičátek, PhD.

CoordinatorMgr. Ján Mazúr: jan.mazur(at)flaw.uniba.sk

Languages: Slovak, Czech, English


Session 2: Equality and Inequality before Law in Relation to Weaker Sections of Society

Summary: The parallel session is focused on the constitutional principle of equality of people before law with special attention given to weaker subjects of law. The question of equality and inequality should build the cornerstone of discussions within the session. Content of contributions should predominantly include mutual relations between subjects of law in the area of labour, civil and commercial law although the traditional principle of providing protection to the weaker party can also be analysed from the viewpoint of other legal disciplines. Gradual social, economic and political changes lead to redefinition of traditional paradigms. Main focus will therefore be given to defining and analysing specific problems of legal practice in correlation with the current state of legal regulation and specific proposals for legislative solutions of these problems in the future. The parallel sessions should provide a platform for experts from different professional areas to present their current scientific and expert activities and to open an interdisciplinary discourse on the principal deficiencies of current legal regulation. Information obtained in this process should form a prerequisite for the subsequent formulation of conclusions of various contributions. An especially valuable benefit will be the comparison of different approaches in applying this knowledge across various branches of law while focusing on practical legal solutions. 

Guarantees: JUDr. Imrich Fekete, CSc., JUDr. Juraj Hamuľák, PhD.

Coordinator: JUDr. Bianka Tkáčová: bianka.tkacova(at)flaw.uniba.sk

Languages: Slovak, Czech

 

Session 3: Civil Law on the Crossroad between the Old and New

Summary: The parallel session is focused on the new legal regulation of civil procedural and substantive law in the Slovak republic. Attention will also be given to systematic questions of the new legal regulation as a separate value system and to the partial problems of specific institutes of civil law in a possible vertical comparison with the former legal regulation. Horizontal comparison with legal regulations of continental European jurisdictions is also welcome what is reflected in the broad international character of the conference. Expected stages of legislative process of recodification of private and procedural law should provide essential background for fruitful academic and expert discussion. 

Guarantees: doc. JUDr. Svetlana Ficová, CSc., doc. JUDr. Marek Števček, PhD.

Coordinator: Mgr. Samuel Rybnikár: samuel.rybnikar(at)flaw.uniba.sk

Languages: Slovak, Czech

 

Session 4: Evidence in Proceedings - Legal Practice and New Challenges

Summary: Discovery of evidence in proceedings as of a normatively regulated procedure plays a principal role in the process of obtaining legally relevant information which is vital not only with regards to the proceedings themselves but also indicate the outcome of the such proceedings. Various evidentiary procedural institutes directly determine the effectiveness of the fact-finding process but should be primarily constructed in a manner that ensures basic guarantees of the right to a fair trial with an emphasis on observing the principles of legal certainty, legality and proportionality. These principles are crucial for delimitating the extent of intervention of subjects, which have been given adjudicating power in these proceedings, for specifying the extent of procedural rights and duties of parties to the proceedings and in a broader context also of those subjects, which take part in the proceedings and can influence their outcome. Today the question of fast and effective protection of subjective rights aimed at obtaining a decision on the merits with an emphasis on effective procedure also pertaining to the process of fact-finding that is necessary to form the basis for such decision is of a particular importance. These concerns modify the principles aimed at formalising and concentrating the procedure. It is also important to focus from the viewpoint of legal theory and legal practice on the question of what are the limits of institutionalization of proceedings and where these limits lie with an emphasis on new forms of realisation of procedural acts in proceedings which have to safeguard the basic constitutional guarantees of protection of subjective rights and legally protected interests. 

Guarantees: doc. JUDr. Eduard Burda, PhD., prof. JUDr. Marián Vrabko, CSc., JUDr. Romana Smyčková, PhD.

Coordinator: JUDr. Zuzana Kiselyová, PhD.: zuzana.kiselyova(at)flaw.uniba.sk

Languages: Slovak, Czech


Session 5: Impact of Ambiguous Legal Definitions and Statutory Regulation upon Enforcement of Law

Summary: The term "enforcement of law" can be found for a considerable period of time in legal dictionaries and is constantly used in practically all areas of law. The basic tool of legal regulation is normative text, which necessarily utilizes inter alia definitions of various institutes, terms and mechanisms. Legal practice confronts us with numerous problems of application and interpretation, which have a detrimental effect on the enforceability of law. It is not uncommon to hear voices calling for amendment of a normative text justifying such action with the need of formulating its part (e.g. definition of an institute, etc.) in a more precise manner to solve a problem. It is questionable whether such "legislative optimism" based on the notion that each problem can be solved by adopting or amending legal regulation is not in itself harming the enforceability of law by detrimentally impacting the stability of legal regulation and legal relationships. This is because in general it is for the adjudicating bodies, mainly courts, to find the meaning of legal institutes by interpreting and applying them to a specific case before them in a manner that achieves the purpose and goals of the statute despite potential ambiguities in its text. Public bodies dealing with the creation and application of law play immutable roles, which only in mutual symbiosis can realise the principles of the rule of law including the enforcement of law.  

Guarantees: JUDr. Mária Duračinská, CSc., JUDr. Marián Giba, PhD., JUDr. Branislav Fábry, PhD.

Coordinator: Mgr. Tamara Čipková: tamara.cipkova(at)flaw.uniba.sk

Languages: Slovak, Czech


Session 6: Fair Trial - Patterns, Guarantees and the Human Rights Dimension 

Summary: Panel focuses on issue of justice in judicial, administrative, disciplinary or other procedures. Room will be given to contributions dealing with problems such as precepts of procedure, procedural institutes and also attributes of rule of law connected to issue of due process of law. The panel will also try for humanitarian prospective of the issue as final criterion of justice. Contributions can thus also be aimed at procedures before constitutional courts or the ECtHR, CJ EU and the like. As was already suggested, it is also appropriate to deal with administrative process or procedure within interest self-government (e.g. proceeding according to internal regulations of faculty with regard to right to education) and the like. Invention and range of problems connected to the issue are not restricted. The panel has interdisciplinary scope, contributions of positively - legal, legally - philosophical or legally - historical character will be welcome.

Guarantees: JUDr. Katarína Lenhartová, PhD., JUDr. Martin Turčan, PhD. 

Coordinator: Mgr. Tomáš Meszároš: tomas.meszaros(at)flaw.uniba.sk

Languages: Slovak, Czech, English

 

Session 7: Challenges of Law in Cyberspace

Summary: The traditional public law and private law institutions, evolving continuously for previous decades and centuries, are currently challenged by various new technological phenomena. One of the most important of these phenomena is the cyberspace and its rising juridification. It poses challenges e.g. to the issues of jurisdiction and conflict of laws, liability, protection of intellectual property, competition law in the cyberspace, privacy and personal data protection, or cybercrime regulation. Additionally, there are numerous new emerging legal issues being discussed, related to cyberspace – be it the notion and status of the so-called Cyber Law as a new legal discipline, new entities (avatars, bogus or stolen identities), new objects of regulation (virtual property, domain names, virtual harm, cloud computing), new forms of transactions (e-transactions encompassing the issues of e-Signature, e-Commerce, e-Government, e-Justice, e-Health, etc.), new forms of dispute settlement (online-dispute resolution), or even new forms of warfare and terrorism (cyberwarfare, cybersecurity). The conference section called “The Challenges of Law in Cyberspace” invites scholars to discuss any of the above aspects of mutual relationship between cyberspace and law.

Guarantees: doc. JUDr. PhDr. Tomáš Gábriš, PhD., LLM, MA., Mgr. Martin Daňko, PhD.

Coordinator: Mgr. Jozef Andraško: jozef.andrasko(at)flaw.uniba.sk

Languages: Slovak, Czech, English

 

Session 8: Participatory Democracy in the 21st Century

Summary: Globalisation is a complex and invariable process that has an economic, social and political dimension. Supranational corporations with their economic power and mobility considerably influence the functioning of state and its constitutional bodies. The importance of attributes of power at the disposal of various states is declining in correlation with the degree of economic development, size of state territory, level of integration etc. States have lost part of their powers to international organisations, part to smaller territorial entities but also to other domestic and international subjects. Especially important question of today are the forms and methods of participating at the exercise of public power in all its spheres and the question of subjects that can participate on its exercise. With the exception of elections and referendums they are the activities of organized or unorganized civil society and of bodies of the local self-government and of the self-government of interest groups. The impetus for a higher degree of participation of people is a solid legal basis as a prerequisite for creating a platform for social dialogue of the concerned members of the community. This feature can be particularly observed in the area of financing of the local self-government that is realised from the year 2005 in the Slovak republic by means of fiscal decentralisation interconnected with the decentralisation of public administration. The goal of this process was to achieve a higher degree of responsibility and transparency of local self-governmental bodies when deciding on the use of public funds within a specific region. The direct consequence of this civil activation is the individual and collective participation of people (so-called participative community) in the process of creation of participative budget forming part of the budget of the local self-governmental body. People have thus the opportunity to directly influence by their proposals according to their wishes the use of the assigned part of budgetary funds. 

Guarantees: prof. JUDr. Ľubor Cibulka, CSc., JUDr. Ľubomír Čunderlík, PhD.

Coordinator: Mgr. Andrea Koroncziová: andrea.koroncziova(at)flaw.uniba.sk

Languages: Slovak, Czech, English

 

Session 9: Phenomenon of Economic Criminality and the Legal Tools for its Elimination

Summary: It is an undisputable fact that economic criminality is a problem scope and gravity of which radically augmented in the recent years to such an extent that it became the focal point of criminal legal science and legal practice. Economic criminality has not been adequately treated from the viewpoint of terminology and various definitions of the term can be found in the literature. It is not uncommon for economic criminality to be equated or interchangeably used with the term white collar crimes. Apart from lack of consensus regarding the definition of the term it must be noted that economic criminality is predominantly latent criminality – criminality that often goes unreported and undetected.  This aspect stems to a large extent from the interdisciplinary character of economic criminality and with the problems in satisfying the burden of proof against the perpetrators of this crime. The goal of this parallel session is to contribute to detection and sanctioning of economic criminality by confronting the knowledge of various branches of law. It is our hope that the session will aid in decreasing the level of latent economic criminality and at the same time will increase the effectiveness of legal tools aimed at combating this crime.  

Guarantees: prof. JUDr. Jozef Čentéš, PhD., JUDr. Ing. Matej Kačaljak, PhD.

Coordinator:  Mgr. Marek Mezei: marek.mezei(at)flaw.uniba.sk

Languages: Slovak, Czech, English


Session 10: Legal Interests of Contracting Parties and their Enforcement in Judicial and Arbitral Proceedings

Summary: The session focuses on claims of contracting parties and matters of their enforcement in court proceedings and arbitration. The issue of enforcement of rights from contracts is particularly important for commercial and legal practice. Additionally, for some constituencies enforcement of claims from contracts is of existential importance. Due to inefficiently functioning court system, contracting parties, already in the process of concluding contracts, opt for alternative and more flexible dispute resolution methods, arbitration being the most common one. Contributions from authors to this section shall focus on analysis and comparison of each legal tool for enforcement of claims from contracts in court proceedings as well as arbitration. Moreover, authors shall focus on legal and social tools, which could support development of more effective and trustworthy court system. Additionally, it is possible to analyse advantages and disadvantages of arbitration in relation to court proceedings. Analysis of the tools aiming at improving and making more effective the court system shall take into consideration the current situation. However, such analysis shall focus on de lege ferenda regulation as well. Conclusions formulated in each contribution shall indicate possible ways and processes toward creating more effective and trustworthy court system. 

Guarantees: prof. Mária Patakyová, PhD., JUDr. Michal Ďuriš, PhD. 

Coordinator: JUDr. Peter Lukáčka, PhD.: peter.lukacka(at)flaw.uniba.sk

Languages: Slovak, Czech, English

 

Session 11: Progressive Development of International Law Concerning Energy Security

Summary: The panel focuses on the international legal aspects of energy security. It will address the systemic questions of market or strategic approach to energy security, in particular the issue of security of supplies, responsibilities of States in possession and handling with mineral resources, as well as responsibilities of transit States. Room will be given mainly to contributions dealing with the analysis of uninterrupted physical availability of energy products on the market, use of renewable resources, current trends in international law and EU law in the field of energy, energy unions and the transfer from export countries. There are also welcome contributions focused on the protection of competition as a tool to enhance the efficiency of the energy markets. Equally welcome are interdisciplinary topics dedicated to the environment, global response to climate change, decarbonizing of the economy and sovereignty of States in this respect. The panel should serve primarily for the exchange of scientific knowledge, which later can be formulated into relevant conclusions.

Guarantees: JUDr. Andrej Králik, PhD., LLM., Mgr. Kristína Jurkovičová

Coordinator: Mgr. Soňa Ondrášiková: sona.ondrasikova(at)flaw.uniba.sk

Languages: English

 

Session 12: Proportionality and Subsidiarity of European Law and Issues of  “Over-Regulation” and “Under-Regulation”

Summary: Presentations and discussion within the section will be focused on critical analysis of form, extent and content of recent and current secondary sources of European law. Subsidiarity and proportionality of the measure and chosen tools in issue shall be evaluated within the process of adoption of secondary EU legislation. However, does this duty really lead to proportionality and subsidiarity of European legislation or is it a merely formal step? Is the European legislation really proportional and subsidiary? Due to extent and small manoeuvring space for Member States set by numerous directives (e.g. VAT directive, Public Procurement directive), is it still possible to call directive  a tool of harmonisation or is it de facto a unification tool? Furthermore, participants of the sections may focus on analysis of specific cases, in which European legislation overstepped framework of necessary European-level legislation ("over-regulation”), as well as cases  in which European regulation seems to be necessary whereas still not introduced (“under-regulation”). 

Guarantee: Ing. Mgr. Ondrej Blažo, PhD.

Coordinator: Mgr. Barbora Blašková: barbora.blaskova(at)flaw.uniba.sk

Languages: English

 

 

Sessions

© Právnická fakulta Univerzity Komenského v Bratislave 2013, vytvoril Vojtech Budaváry