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Volume 13, Issue 1, March 2023

Contents



Article 1 - Ecocide - a new crime under international law?

Abstract

It is indisputable that ignorance, or lack of interest, as well as underestimation of the importance of environmental protection, has an impact not only on the quality of the environment but also poses a significant risk to human health, as well as all other organisms on Earth. It is for this reason that the issue of environmental protection is increasingly discussed, topical and desirable not only at the level of individual states but also within the international community. Taking into account the above, it is for this reason that the issue of environmental protection is increasingly discussed, topical and desirable not only at the level of individual states but also within the international community. Taking into account the above, the authors in the presented article deal with a critical assessment of the appropriateness of the proposal contained in the embedding of the special crime of ecocide originating from 2021 in the Rome Statute, including the formulation of appropriate de lege ferenda proposals.
Key-words: ecocide, international public law, crime, environment.
JEL Classification: K14, K33
DOI: 10.24818/TBJ/2023/13/1.01



Article 2 - Legal nature of the principle of legal certainty as a component element of the rule of law

Abstract

One of the main elements of the rule of law is the principle of legal certainty, which provides, inter alia, that in any dispute, a court decision that has entered into force cannot be called into question. The subject of the most discussed today constitutional principle of legal certainty is today seen as a structural element of the rule of law, necessary for the stabilization of legal relations and systems in which the judiciary and courts play an important role. The principle is the main commandment of the system, its true basis; disposition, which radiates different norms, composing their spirit and serving as a criterion for their precise understanding and reason, precisely because it determines the logic and rationality of the normative system, in that it gives it a tonic and gives it a harmonious meaning. The principle is a constitutional category, and there are several that relate to the process. The purpose of this article is to highlight the need to adhere to the principle of legal certainty in various aspects of foundation and understanding that cover a modern topic, starting with the undeniable theoretical and conceptual evolution of its basis and evaluative nature, which, in a more complex and complex form, years has meant a kind of set of content and conditions that are interrelated for the regulation of life between individuals and state institutions, which is a guarantee of the stability of law. The case is relevant because of the complexity of the relations prevailing in the postmodern world, with undeniable insecurity and unpredictability today, especially in the political, social, economic and legal spheres, the reflexes of which in law are even more obvious. From the constitutional principles of equality and justice follows the requirement of certainty, clarity and unambiguity of the legal norm, as otherwise can not ensure its uniform application, does not preclude unlimited interpretation in law enforcement practice and inevitably leads to arbitrariness. Legal certainty is becoming an increasingly important and significant factor in law-making and law enforcement processes. Numerous decisions of the European Court of Human Rights against Ukraine, which have a direct indication of non-compliance by the state with this principle, allow us to qualify the commented legal idea as a fundamental and independent phenomenon. Legal certainty, as it follows from the texts and interpretations of judges, means clarity, certainty and accessibility of the legal standard.
Key-words: rule of law, source of law, principle, legal certainty, European Court of Human Rights, Constitutional Court of Ukraine, judicial practice.

JEL Classification: K23, K41
DOI: 10.24818/TBJ/2023/13/1.02



Article 3 - The multi-level governance of the European Union: the role of the local government

Abstract

Local development is an integral part of the progress of a country. It directly affects the improvement of their citizens’ life. The role of the local government is to provide better services and more effective governing by bringing the government closer to its citizens and providing a better understanding of their needs. Good governance is about efficiency, democracy, and accountability, that is principles of the foundation of an independent and competent local government. The following paper takes a closer look at the multilevel government of the European Union, focusing on the importance and role of the local government. This paper points out all the aspects of cooperation between the smallest units of government of each member state and the European Union, to show the ways in which it affects and improves governance at these two levels. This paper explains the mutual role of these two levels of government (multi-level governance) and analyzes the principle of subsidiarity, the political and institutional aspects of how this cooperation was created, and what effects it brings.
Key-words: European Union, multi-level governance, local governance, local units, regional units, regional authorities, Committee of the Regions, the principle of subsidiarity.
JEL Classification: K23, K33
DOI: 10.24818/TBJ/2023/13/1.03



Article 4 - The influence of jurisprudence on the formation of relations between the manager and the limited liability company

Abstract

The procedure and internal functioning of a limited liability company in the conditions of the Slovak Republic seemed to be a long-settled question. However, the opposite is true. We were particularly interested in the question of how a de facto non-existent person can act and thereby have certain rights and obligations. As part of the study, we came across numerous jurisprudence, which completes our understanding of the term executive and also defines the framework of his actions. A very important issue is the definition of the relationship between the limited liability company and the manager. The reason is the fact that it is a business-legal relationship and therefore the protection provided to this relationship is lower compared to civil-law relationships or labor relations. In addition to the examination of a limited liability company and its manager, we focus primarily on a critical analysis of the commercial and labor law relationship between the manager and the limited liability company. To achieve our goal, we use several scientific methods designed for the study of law, such as analysis, synthesis, comparison, deduction, description. In conclusion we will critically evaluate the results of our investigation, we will compare the development of Slovak, European and Czech jurisprudence in the context of its influence on the investigated issue. At the same time, we answer the research question whether it is possible to perform the function of an executive on the basis of an employment contract.
Key-words: Business Code, employment contract, manager, limited liability company.
JEL Classification: K12, K22, K31
DOI: 10.24818/TBJ/2023/13/1.04



Article 5 - Critical analysis of the failure of labour law to adequately protect atypical workers and its impact on human rights and fair labour practice

Abstract

In the workplaces, the work force being employed by private entities and contract workers are facing various unfair labour practices and as such excluded from labour protection law. Instances of human rights abuses abound, and these have severe socioeconomic implications on atypical workers. This paper examines how atypical workers face inhuman treatment, discrimination and denial of basic labour rights and benefits in the workplace. The paper also looks at whether there is any semblance of labour protection extended to atypical workers. It is observed that such interventions have not provided strong protection for atypical workers hence they are still exposed to various labour vulnerabilities, discrimination, mistreatment, abuses and denial of benefits and socio and economic securities.
Key-words: unfair labour practice, atypical workers, labour protection, socio and economic securities, South Africa.
JEL Classification:
K30, K33, K38
DOI: 10.24818/TBJ/2023/13/1.05



Article 6 - The legal framework of on call duty for teleworkers

Abstract

Today’s Labour Law acknowledges the importance of flexibility in the individual work relationships by the widescale use of teleworking programs. However, the teleworking phenomenon proliferates in parallel with an opposite trend, by which teleworkers are less protected, as a consequence of the current practices by which they are required to respond work-related calls at any time, wherever they are, and the general standards regulating the working time are ignored. While the European Union states show obvious concern with removing such risks, the practice of the Court of Justice of the European Union, given in its interpretation of the Directive concerning certain aspects in the organization of working time, is extremely important. The present study starts from the analysis of certain points in the content of the Working Time Directive 2003/88 adopted across the European Union with regard to the working time, and goes on to provide an overview of relevant decisions issued by the CJEU on working time, then draws conclusions on the legal framework (juridical regime) of on-call duty in the case of teleworkers.
Key-words:teleworking, remote work, non-standard employment, atypical work arrangements, the right to disconnect.
JEL Classification:
K31
DOI: 10.24818/TBJ/2023/13/1.06



Article 7 - Special regime for the recognition of decisions on financial penalties: complex analysis

Abstract

The 'smoldering effect' of integration has inevitably resulted in widening the scope of matters in which the Member States of the European Union cooperate with each other. One such area is also the area of criminal matters, including the matter of mutual recognition on financial penalties. The aim of the article is systematically describe the specific regime for the recognition and enforcement of decisions on financial penalties under Council Framework Decision 2005/214/JHA. To this end, we analyze historical bases for an adoption of the regime on the territory of the European Communities; the current legal framework of the special regime at European Union level; the purpose and scope of Council Framework Decision 2005/214/JHA; the nature of the special regime; the transposed measure in the Slovak Republic and the nature of the decisions issued under Council Framework Decision 2005/214/JHA in terms of their extraterritorial effects. In particular, we performed textual analyses of relevant laws, legal literature and case-law of CJEU and ECtHR. Based on the synthesis of knowledge, the prospects for evolution of the special regime are assessed in conclusion.
Key-words: decision on financial penalties, Council Framework Decision 2005/214/JHA, principle of mutual recognition
JEL Classification:
K23, K33
DOI: 10.24818/TBJ/2023/13/1.07



Article 8 - Historical background of the factors of attribution of civil liability, starting with Napoleon's Civil Code of 1804 and its reception in the Colombian Civil Code of 1873. The special case of the objective regime for hazardous activities

Abstract

Gaius' inclusion of the figure of quasi-crime had a great impact on the subsequent conception of the glosadors and the natural law regarding civil liability; the difficulties in differentiating this figure from crime contributed to the subjective conception of responsibility, embodied in Napoleon's Civil Code. French doctrine and jurisprudence created an objective liability factor based on the risk of the fact of things. This did not happen in the same way in Colombia; Don Andrés Bello's code was not a copy of the French Code, its author took into account other sources and did not incorporate into the code a general rule of responsibility for the fact of things. In light of the historical account of the receipt of the factors for attribution of civil liability, it is impossible in Colombia to support the theory of risk in article 2356 CC col.
Key-words: civil liability; factors for attribution; guilt; risk; dangerous activities.
JEL Classification: K15
DOI: 10.24818/TBJ/2023/13/1.08

 

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