Acta Facultatis Iuridicae Universitatis Comenianae
type: channel
description: Acta Facultatis Iuridicae Universitatis Comenianae is peer-reviewed scientific journal published since 1966. At first it had the form of almanac and was published from time to time. Since 1977 it was published annually. The total number of volumes publishe was 30. Since 2012 the scientific journal of the Faculty of Law, Comenius University in Bratislava is published twice a year.It encompasses cross-section of legal disciplines with an ambition to create a forum for plurality of views and ideas, mainly focusing on the output of scientific research. It brings articles, book reviews and reports from conferences and scientific life. Every article is peer-reviewed by two opponents.
publisher: Univerzita Komenského v Bratislave, Právnická fakulta
language: en
publication name: Acta Facultatis Iuridicae Universitatis Comenianae
issn: 1336-6912
items: Brexit and Its Impact on Slovak Private International Law: The State of Jurisdiction, Recognition, and Enforcement of Judgments 5 Years After Brexit (2nd part)
items: Terror versus Terrorist Attack
items: Protection of creditors in domestic and cross-border changes of the legal form
items: The ability of large language models to reason logically
items: On the (Non)Binding Nature of the Slovak Local Referendum Results: Direct Democracy Contra/Pro General Binding Regulation
items: Protection of Sexual Minorities in the European Union
items: Making the fight against illegal activities in the field of waste management more effective
items: The position of co-owners within the association of land development participants and their omitted rights
items: Possibility to conclude the surrogacy contracts in the context of the slovak family act and the Amendment to the Constitution of the Slovak Republic
items: On administrative liability for hate speech
items: Conflict of Laws rules in the Digital Age: Challenges for Slovak Private International Law
items: Protection of soft targets
items: Recidivism through the lens of criminology and criminal law past, present and future
items: Administrative and legal sanctions in the field of toxic fashion
items: Old Problem, New Challenges: Age Discrimination
items: ILLEGAL EMPLOYMENT AND ITS IMPACT ON SOCIETY
items: Brexit and Its Impact on Slovak Private International Law: The State of Jurisdiction, Recognition, and Enforcement of Judgments 5 Years After Brexit (1st part)
items: How is the approach to criminal policy changing in Slovakia and the Czech Republic?
items: Legal regulation of the encouragement of the principle of sustainable development by the public administration entities in Slovakia and Ukraine
items: Criminal law challenges in the digital age: unauthorised access to a computer system and cyberbullying
items: Protection of democratic values in the context of the case-law of the Court of Justice of the European Union
items: PERSONAL SCOPE OF THE NIS 2 DIRECTIVE AND ITS TRANSPOSITION INTO THE LEGAL ORDERS OF SELECTED EU MEMBER STATES
items: Law-making in the EEA: The capacity of EEA/EFTA States to influence the legislative process with regard to the adoption of EEA-relevant acts
items: Proxy Representation of the Employer in Labour Law Relationships
items: The impact of AI regulation on cybersecurity legislation in public administration
items: Freedom of will and legal liability: freedom to act unlawfully?
items: President Vladimir Putin as a refugee according to the Convention Relating to the Status of Refugees?
items: Supervisioning on the Government of the Slovak Republic that does not have the confidence of the National Council
items: Elektronický monitoring v trestním řízení
items: Administrative Disciplinary Offences from the Point of View of the European Court of Human Rights’ Case-Law

Brexit and Its Impact on Slovak Private International Law: The State of Jurisdiction, Recognition, and Enforcement of Judgments 5 Years After Brexit (2nd part)
type: item
description: Brexit has fundamentally influenced the legal relationships of private international law between Slovakia and the United Kingdom, exposing the limitations of the previously harmonized legal framework of the European Union. Private international law now faces new challenges, raising the question of whether the existing legal framework sufficiently reflects the reality of the post-Brexit environment, where a unified legal system and the direct applicability of EU law are absent. In this context, the paper focuses on analyzing the impacts of Brexit on private international law five years later, with particular emphasis on the determination of court jurisdiction and the recognition and enforcement of judgments. However, the aim of the paper is not only to identify the persistent issues related to the fragmentation of the legal framework and the loss of harmonization following Brexit but also to propose solutions to these challenges, including the utilization of multilateral conventions and bilateral cooperation, thereby contributing to the strengthening of legal certainty in the new reality of relations with the United Kingdom. The paper is published in two parts.
subject: Vedecké články
  topic: section
subject: European Union
  topic: keywords
subject: Brexit
  topic: keywords
subject: Brexit Agreement
  topic: keywords
subject: TCA
  topic: keywords
subject: member state
  topic: keywords
subject: non-member state
  topic: keywords
subject: Court of Justice
  topic: keywords
subject: private international law
  topic: keywords
subject: recognition and enforcement of foreign judgments
  topic: keywords
subject: international jurisdiction
  topic: keywords
subject: Brussels Ia Regulation
  topic: keywords
subject: Brussels IIa Regulation
  topic: keywords
subject: Maintenance Regulation
  topic: keywords
subject: Insolvency Regulation
  topic: keywords
creator: Lea Mezeiová
creator: Peter Lysina
creator: Miroslav Slašťan
creator: Ema Krkošková
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-22
publication date: 2025-12-22
doi: 10.46282/afi.2025.2.06

Terror versus Terrorist Attack
type: item
description: The scientific article Terror versus Terrorist Attack compares the constituent elements of the criminal offence of terror under Sections 313 and 314 of the Criminal Code with the criminal offence of a terrorist attack under Section 419 of the Criminal Code. It also employs the method of historical comparison, as it was necessary for the scientific conclusions to elucidate the development of the criminal offence of terror beginning in 1956, as well as the development of the criminal offence of a terrorist attack beginning in 2002. The core scientific hypothesis was confirmed: the situations encompassed by the criminal offence of terror are fully covered (absorbed) by the criminal offence of a terrorist attack. The offence of terror under Sections 313 and 314 of the Criminal Code will never be applied in practice, as precedence will always be given to the offence of a terrorist attack under Section 419 of the Criminal Code. Consequently, in its current wording, the offence of terror constitutes an obsolete criminal offence.
subject: Vedecké články
  topic: section
subject: terror
  topic: keywords
subject: terrorist attack
  topic: keywords
subject: terrorism
  topic: keywords
creator: Eduard Burda
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-22
publication date: 2025-12-22
doi: 10.46282/afi.2025.2.03

Protection of creditors in domestic and cross-border changes of the legal form
type: item
description: In 2019, the European Union adopted harmonized rules on cross-border changes of legal form through the Directive on Conversions, which the Slovak legislator transposed into a special Act on Conversions. The Act on Conversions provides specific provisions with the objective of protecting the three interested subjects – the shareholders, the employees and the creditors. The aim of this paper is to focus on the legal protection of creditors in the case of a cross-border transfer of the company's seat (i.e. a cross-border change of legal form), which the author shall compare with an intrastate change of legal form, on the basis of which the aim is to assess whether the protection of creditors is provided to the same extent in the case of a cross-border change of legal form as in the case of an intrastate change of legal form. According to the author, the European Union wanted to open up the national economies of the European Union member states to commercial companies, however, it created mechanisms that restrict the freedom of establishment in the case of cross-border changes of legal form compared to its non-harmonized variant of intrastate changes of legal form.
subject: Vedecké články
  topic: section
subject: Change of legal form
  topic: keywords
subject: protection of creditors
  topic: keywords
subject: Act on Conversions
  topic: keywords
creator: Ľubica Kubíková
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-22
publication date: 2025-12-22
doi: 10.62874/afi.2025.2.05

The ability of large language models to reason logically
type: item
description: The rise of large language models (LLMs) has sparked a new wave of debate in legal scholarship about the extent to which these systems are capable of replacing human thinking, particularly logical reasoning. This article examines whether LLMs can consistently apply the basic principles of formal logic in the interpretation and subsumption of legal norms. Methodologically, the research is based on a series of experiments that use five types of typical logical errors in legal reasoning. Several models (ChatGPT-5, Gemini 2.5 Pro, Copilot, Grok 4, and Perplexity) were tested at two levels of input: lay and expert prompts. The results show recurring logical inconsistencies across all models, with more convincing outputs only achieved for explicitly formulated expert tasks. The findings underscore the fundamental difference between statistical text generation and actual legal reasoning, which requires logical deduction and transparency. In conclusion, while LLMs can be useful tools to support lawyers, they are not yet capable of fully replacing their work.
subject: Vedecké články
  topic: section
subject: artificial intelligence
  topic: keywords
subject: logic
  topic: keywords
subject: reasoning
  topic: keywords
creator: Marek Čiernik
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-22
publication date: 2025-12-22
doi: 10.62874/afi.2025.2.04

On the (Non)Binding Nature of the Slovak Local Referendum Results: Direct Democracy Contra/Pro General Binding Regulation
type: item
description: The article, based on the analysis of the legal regulation, the recent decision-making activity of the Constitutional Court of the Slovak Republic and the knowledge of the legal doctrine, discusses the binding nature of the institute of direct democracy at the local level (namely at the level of Slovak municipalities) – the local referendum. The author assesses this binding character as political, not legal, with exceptions provided for by both general and special legislation. Following the argumentation presented in the article, the author subsequently takes the position that the local referendum in its current form is not capable of entering the normative process. The author also expresses skepticism as to whether such involvement of referendums in the local legislative process would be appropriate in the conditions of the Slovak Republic.
subject: Vedecké články
  topic: section
subject: local referendum
  topic: keywords
subject: general binding regulation
  topic: keywords
subject: constitutional court
  topic: keywords
subject: PL. ÚS 13/2023
  topic: keywords
subject: participation
  topic: keywords
creator: Martin Búran
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-22
publication date: 2025-12-22
doi: 10.62874/afi.2025.2.02

Protection of Sexual Minorities in the European Union
type: item
description: Sexual minorities across the European Union continue to face widespread stigmatization, condemnation, hatred, and discrimination. While the primary responsibility for ensuring adequate legal protection of sexual minorities rests with the individual Member States, the level and nature of such protection often reflect prevailing societal stereotypes and prejudices in those jurisdictions. In this context, the aim of the article is to explore the potential for legal protection of sexual minorities within the legal framework of the European Union, where principles such as equality and non-discrimination constitute fundamental values. The analysis focuses in particular on the interpretation and application of relevant provisions of the Charter of Fundamental Rights of the European Union, as well as on the case law of the Court of Justice of the European Union and the European Court of Human Rights, both of which demonstrate significant potential in reinforcing the legal protection of sexual minorities in the EU legal order.
subject: Vedecké články
  topic: section
subject: sexual minorities
  topic: keywords
subject: LGBTIQ+
  topic: keywords
subject: discrimination
  topic: keywords
subject: equality
  topic: keywords
subject: European Court of Human Rights
  topic: keywords
subject: Court of Justice of the European Union
  topic: keywords
subject: case law
  topic: keywords
creator: Vanda Peťková
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-22
publication date: 2025-12-22
doi: 10.62874/afi.2025.2.08

Making the fight against illegal activities in the field of waste management more effective
type: item
description: The article is dealing with the analysis of current sanction mechanisms in the field of waste management. It identifies key weaknesses and proposes comprehensive solutions to make the fight against illegal activities in waste management more effective. The article reacts to an amendment to the Criminal Code in connection with a change in the amount of damages with regard to crimes against the environment, on the basis of which many cases of unauthorized waste disposal, which would previously have been classified as criminal offenses and dealt with in criminal proceedings, are now being reclassified as administrative offenses, which are dealt with in administrative proceedings by the relevant administrative authorities. The seriousness and urgency of the issue under consideration stems from the alarming increase in illegal activities in the field of waste management, not only on a global scale, but also directly in the Slovak Republic.
subject: Odborné články
  topic: section
subject: waste management
  topic: keywords
subject: illegal landfills
  topic: keywords
subject: sanctions
  topic: keywords
subject: administrative offences
  topic: keywords
creator: Anna Kučerová
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-22
publication date: 2025-12-22
doi: 10.62874/afi.2025.2.11

The position of co-owners within the association of land development participants and their omitted rights
type: item
description: This scientific article of mine is devoted to the hitherto legally unresolved issue of the legal regulation of the status of joint owners within the association of participants in land adjustments and their omitted pre-emptive rights within land adjustments. Land adjustments are a complex legal process and procedure taking place within the territorial self-government, which, both legally and practically, brings many legally unresolved situations due to legislative loopholes or due to the development of society. Therefore, in my conclusion of this article, I, as the author, tried to find possible solutions in theory and practice at the de lege ferenda level precisely to improve and enhance the current legal regulation in this area with a possible benefit for practice, which I subsequently formulated and stated directly at the end of my article.
subject: Vedecké články
  topic: section
subject: public administration
  topic: keywords
subject: land management
  topic: keywords
subject: land consolidation
  topic: keywords
subject: land law
  topic: keywords
subject: participants in land development
  topic: keywords
subject: co-owners
  topic: keywords
subject: right of pre-emption
  topic: keywords
subject: omission of the right of pre-emption
  topic: keywords
creator: Anton Martvoň
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-22
publication date: 2025-12-22
doi: 10.62874/afi.2025.2.07

Possibility to conclude the surrogacy contracts in the context of the slovak family act and the Amendment to the Constitution of the Slovak Republic
type: item
description: The historical certainty associated with the maternity determination by the objective fact of birth is gradually disintegrating as a result of progress in reproductive medicine. In the given context the surrogacy calls into question the basic premise of this issue, namely that the genetic and gestational components are inseparable entities. A family created on the basis of a surrogacy does not fit into the existing legislative framework and therefore lacks the protection provided to similar structures recognized by law. The article analyzes in more detail the potential possibilities of concluding surrogacy contracts and alternative possibilities of transferring parental rights and obligations from the surrogate mother to the intended parents within the legal order of the Slovak Republic, primarily in the context of the Slovak Family Act, in order to ensure the rights and interests of all participating entities.
subject: Vedecké články
  topic: section
subject: surrogacy motherhood
  topic: keywords
subject: surrogacy
  topic: keywords
subject: surrogacy contract
  topic: keywords
subject: maternity determination
  topic: keywords
subject: adoption
  topic: keywords
creator: Martina Babušíková
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-22
publication date: 2025-12-22
doi: 10.62874/afi.2025.2.01

On administrative liability for hate speech
type: item
description: The paper deals with the issue of punishing hate speech in Slovak law with a focus on administrative punishment. The author considers the desirabilty of such punishment in view of the two existing approaches to freedom of speech – European and American – focusing on the empirical side of the problem and noting the Slovak data both at the administrative and criminal level. He processes and interprets this data. The question he asks is, put simply, whether, since 2014, administrative offences that would otherwise be dealt with as criminal offences have been punished in Slovakia, or, on the contrary, rather offences that would otherwise not be dealt with at all. The answer to this question is linked to the assessment of the desirability of such an administrative regulation in the perspectives of both models of freedom of speech.
subject: Vedecké články
  topic: section
subject: extremism
  topic: keywords
subject: hate speech
  topic: keywords
subject: administrative punishment
  topic: keywords
subject: freedom of speech
  topic: keywords
creator: Martin Turčan
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-22
publication date: 2025-12-22
doi: 10.62874/afi.2025.2.09

Conflict of Laws rules in the Digital Age: Challenges for Slovak Private International Law
type: item
description: Digitalization is transforming the perspective on legal relationships in private international law (PIL) and exposing the limitations of traditional conflict-of-law rules. PIL faces new challenges, raising the question of whether the Slovak Act No. 97/1963 Coll. on Private International and Procedural Law and the regulations Rome I and Rome II adequately address the specifics of the digital environment, where physical ties and clearly defined subjects are often absent. In this context, the paper focuses on identifying the challenges that PIL encounters in the digital age. However, the aim of the paper is not merely to identify the issues with PIL and its conflict-of-law norms in the digital era, but also to propose solutions to these existing problems and challenges, thereby contributing to enhanced legal certainty.
subject: Vedecké články
  topic: section
subject: Conflict of laws rules
  topic: keywords
subject: Private international law
  topic: keywords
subject: Digitalization, Digital domicile
  topic: keywords
creator: Peter Lysina
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-08-22
publication date: 2025-08-22
doi: 10.62874/afi.2025.1.04

Protection of soft targets
type: item
description: The scientific study in question discusses the definition of soft targets themselves, their protection and specific procedures in a security incident focused on a soft target. In the presented scientific study, the authors try to interpret the basic starting points of the researched issue for the purpose of subsequent further scientific research, but also specific, practical, activities within the framework of ensuring security in our country. Of course, with the acceptance of all the demanding steps that need to be implemented in the system of protecting soft targets. The scientific study was created as an output from the VEGA project No. 1/0722/24 – Principles of the rule of law in criminal law, within which we also deal with specific principles of guaranteeing security in society. The scientific study looks at the current, selected issue from the point of view of criminological aspects and specific application elements. It is significant in terms of connecting theoretical, scientific knowledge resulting from research and application, specific, measures in practice.
subject: Vedecké články
  topic: section
subject: soft targets
  topic: keywords
subject: prevention
  topic: keywords
subject: security
  topic: keywords
subject: risk analysis
  topic: keywords
subject: protection
  topic: keywords
creator: Patrícia Krásná
creator: Lucia Kurilovská
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-08-22
publication date: 2025-08-22
doi: 10.62874/afi.2025.1.03

Recidivism through the lens of criminology and criminal law past, present and future
type: item
description: The article examines the phenomenon of recidivism from an interdisciplinary perspective, focusing on criminology and criminal law. Recidivism, defined as the repeated commission of crimes by individuals who have already been convicted, represents a significant issue affecting societal security and the effectiveness of criminal policy. The author analyzes the typology of recidivism (general, special, homogeneous, heterogeneous) and profiles a typical recidivist based on criminological research. Statistical data from Slovakia for the years 2012–2023 reveal a consistently high proportion of recidivists among convicted individuals (averaging 32%), with property criminal offences and substance abuse playing dominant roles. The author evaluates current measures and proposes legislative and non-legislative solutions to address the issue. In conclusion, the article emphasizes the need for continued reform of criminal policy, focusing on an individualized approach to recidivists and first-time offenders, interdisciplinary collaboration across sectors, and systematic criminological research. The findings provide a basis for combating recidivism with the aim of achieving better societal protection and reintegration of offenders into a crime-free life.
subject: Vedecké články
  topic: section
subject: recidivism
  topic: keywords
subject: first-time offender
  topic: keywords
subject: addictive substance
  topic: keywords
subject: criminal policy
  topic: keywords
subject: sanctioning
  topic: keywords
creator: Maximilián Kiko
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-08-22
publication date: 2025-08-22
doi: 10.62874/afi.2025.1.02

Administrative and legal sanctions in the field of toxic fashion
type: item
description: The textile and fashion industry are facing increasing criticism for its negative impact on human health and the environment due to the extensive use of toxic chemicals. This article analyses the current legal frameworks for regulating these substances in the European Union and the United States, highlighting their gaps and lack of enforcement. Particular emphasis is placed on the importance of administrative sanctions as a tool to protect public health, garment composition transparency, and manufacturers' environmental responsibility. The paper presents case studies and highlights the need for labeling hazardous chemicals, Extended Producer Responsibility (EPR), and the possibility of introducing import restrictions. It also suggests innovative approaches such as granting legal personality to nature. In conclusion stresses the need for a regulatory reform capable of responding effectively to the challenges of a globalized textile chain and promoting sustainable development in fashion.
subject: Odborné články
  topic: section
subject: fast fashion
  topic: keywords
subject: toxic fashion
  topic: keywords
subject: administrative law
  topic: keywords
subject: environmental law
  topic: keywords
creator: Laura Pazičová
creator: Matej Horvat
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-22
publication date: 2025-12-22
doi: 10.62874/afi.2025.2.10

Old Problem, New Challenges: Age Discrimination
type: item
description: The article examines the issue of age discrimination within the Slovak legal, social, and institutional framework. It analyses the scope of legal protection, identifies legislative gaps, exceptions, and shortcomings in the enforcement of anti-discrimination standards. Particular attention is paid to the practical functioning of relevant institutions, especially the Labour Inspectorate and the Slovak National Centre for Human Rights, as well as the barriers that hinder the effective application of the right to equal treatment. The article highlights the specific nature of age discrimination, which may affect every individual at different stages of life—in employment, pensions, husin, or education. The author proposes legislative and non-legislative measures aimed at strengthening protection against age discrimination and fostering an inclusive environment for all age groups.
subject: Odborné články
  topic: section
subject: age
  topic: keywords
subject: discrimination
  topic: keywords
subject: anti-discrimination
  topic: keywords
subject: ageism
  topic: keywords
creator: Juraj Plaza
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-08-22
publication date: 2025-08-22
doi: 10.62874/afi.2025.1.09

ILLEGAL EMPLOYMENT AND ITS IMPACT ON SOCIETY
type: item
description: Illegal employment constitutes a serious societal issue with detrimental consequences for the economy, labour market, and social security system. This article examines the causes, forms, and impacts of illegal employment on society, with a particular focus on its effects on tax evasion, employee social protection, and the competitive environment of enterprises The study employs a mixed-methods approach, integrating an analysis of secondary statistical data, a comparative legal analysis, and qualitative research based on expert interviews. The core research hypotheses are as follows: (1) Illegal employment leads to significant losses in the state budget due to tax evasion. (2) Workers engaged in illegal employment have limited access to social protection and face a heightened risk of exploitation. (3) More effective legislation and stricter enforcement mechanisms can substantially reduce the incidence of illegal employment. The findings underscore the necessity of stricter regulation, enhanced enforcement mechanisms, and increased awareness among both employers and employees as key factors in combating illegal employment.
subject: Vedecké články
  topic: section
subject: illegal employment
  topic: keywords
subject: social protection
  topic: keywords
subject: labour market regulation
  topic: keywords
subject: enforcement mechanisms
  topic: keywords
creator: Ádám Sípos
creator: Juraj Hamuľák
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-08-22
publication date: 2025-08-22
doi: 10.62874/afi.2025.1.01

Brexit and Its Impact on Slovak Private International Law: The State of Jurisdiction, Recognition, and Enforcement of Judgments 5 Years After Brexit (1st part)
type: item
description: Brexit has fundamentally influenced the legal relationships of private international law between Slovakia and the United Kingdom, exposing the limitations of the previously harmonized legal framework of the European Union. Private international law now faces new challenges, raising the question of whether the existing legal framework sufficiently reflects the reality of the post-Brexit environment, where a unified legal system and the direct applicability of EU law are absent. In this context, the paper focuses on analyzing the impacts of Brexit on private international law five years later, with particular emphasis on the determination of court jurisdiction and the recognition and enforcement of judgments. However, the aim of the paper is not only to identify the persistent issues related to the fragmentation of the legal framework and the loss of harmonization following Brexit but also to propose solutions to these challenges, including the utilization of multilateral conventions and bilateral cooperation, thereby contributing to the strengthening of legal certainty in the new reality of relations with the United Kingdom. The paper is published in two parts.
subject: Vedecké články
  topic: section
subject: European Union
  topic: keywords
subject: Brexit
  topic: keywords
subject: Brexit Agreement
  topic: keywords
subject: TCA
  topic: keywords
subject: member state
  topic: keywords
subject: non-member state
  topic: keywords
subject: Court of Justice
  topic: keywords
subject: private international law
  topic: keywords
subject: recognition and enforcement of foreign judgments
  topic: keywords
subject: international jurisdiction
  topic: keywords
subject: Brussels Ia Regulation
  topic: keywords
subject: Brussels IIa Regulation
  topic: keywords
subject: Maintenance Regulation
  topic: keywords
subject: Insolvency Regulation
  topic: keywords
creator: Peter Lysina
creator: Miroslav Slašťan
creator: Lea Mezeiová
creator: Ema Krkošková
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-08-22
publication date: 2025-08-22
doi: 10.62874/afi.2025.1.05

How is the approach to criminal policy changing in Slovakia and the Czech Republic?
type: item
description: This article examines recent developments in criminal policy in the Slovak Republic following the adoption of the amendment to the Criminal Code No. 300/2005 Coll., as amended, which enters into force on 6 August 2024. The author focuses on the general concept of criminal policy and provides an analysis of selected provisions of the Slovak Criminal Code and the Czech Criminal Code No. 40/2009 Coll. In this context, the article compares the Slovak amendment with the draft amendment to the Czech Criminal Code submitted by the Ministry of Justice of the Czech Republic. The analysis focuses in particular on the legal regulation of financial penalties, the offence of theft, and the drug offences, with the aim of highlighting key legislative differences and common features between the two legal systems.
subject: Vedecké články
  topic: section
subject: criminal policy
  topic: keywords
subject: the amendment of Criminal Act
  topic: keywords
subject: criminal act
  topic: keywords
subject: punishment
  topic: keywords
subject: restorative justice
  topic: keywords
subject: retributive justice
  topic: keywords
creator: Sara Zsemlyova
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-08-22
publication date: 2025-08-22
doi: 10.62874/afi.2025.1.07

Legal regulation of the encouragement of the principle of sustainable development by the public administration entities in Slovakia and Ukraine
type: item
description: Military operations during the military aggression of the Russian Federation against Ukraine cause significant damage to the environment. Under these conditions, the concept of sustainable development is undergoing a transformation. The aim of this article is to provide an analysis of the legal regulation of application of the principle of sustainable development as a basis of public administration for the protection of the environment in Slovakia and Ukraine and to prepare the proposals on its enhancement in Ukraine. At the international level, an effective mechanism for restoring Ukraine's environment, which has a global impact, is linked to mechanisms of legal responsibility for acts of aggression, violations of the rules and customs of war, investigation of the circumstances of their commission and determination of the amount of compensation for damage caused in order to overcome the consequences of war. At the national level, environmental protection and sustainable development during the war lies in the area of national defence capability and the use of transitional justice instruments. The concrete internal legal mechanisms of the encouragement of the principle of sustainable development and protection of environment by the public administration entities in Ukraine during the military aggression and the post-war period are required.
subject: Vedecké články
  topic: section
subject: human rights
  topic: keywords
subject: national defence capability
  topic: keywords
subject: sustainable development
  topic: keywords
subject: environment
  topic: keywords
subject: martial law
  topic: keywords
subject: public administration
  topic: keywords
creator: Marián Vrabko
creator: Michal Savčyn
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-08-22
publication date: 2025-08-22
doi: 10.62874/afi.2025.1.06

Criminal law challenges in the digital age: unauthorised access to a computer system and cyberbullying
type: item
description: The expansion of digital technologies has brought not only new opportunities for communication and access to information but also new forms of criminality that pose a significant challenge for criminal law. This article focuses on the analysis of the elements of the criminal offence of unauthorized access to a computer system under Section 247 of Act No. 300/2005 Coll., the Criminal Code (hereinafter referred to as the "Criminal Code") along with related offences, while also reflecting on their systematic classification, theoretical foundations, and practical difficulties in application. The authors also address relevant European legislation and highlight deficiencies in practical enforcement, including the low clearance rate of such offences. The article also briefly examines the issue of cyberbullying as a form of crime closely linked to the digital environment, with particular emphasis on the newly introduced criminal offence of dangerous electronic harassment under Section 360b of the Criminal Code. The aim of the article is to contribute to the professional discourse on the effectiveness of the criminal law response to cybercrime in the context of the current challenges of the digital age.
subject: Odborné články
  topic: section
subject: cybercrime
  topic: keywords
subject: unauthorized access
  topic: keywords
subject: computer system
  topic: keywords
subject: cyberbullying
  topic: keywords
subject: Criminal Code
  topic: keywords
subject: electronic harassment
  topic: keywords
subject: criminal law
  topic: keywords
creator: Michal Minárik
creator: Lenka Miklóssyová
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-08-22
publication date: 2025-08-22
doi: 10.62874/afi.2025.1.08

Protection of democratic values in the context of the case-law of the Court of Justice of the European Union
type: item
description: In the process of European integration, member states gradually and in a special structure of the institutional framework delegate powers to the European Union which is not similar to the structure of other international organizations or the institutional structure of the member states. This situation naturally gives rise to a discussion about the democratic nature of decision-making, the quality and the legitimacy of the decisions made at the level of the European Union. This paper deals with the selected case-law of the Court of Justice of the European Union from the view of the application and protection of democratic values in decision-making by European institutions. Therefore, let´s look at the judgments of the Court of Justice of the European Union in the context of the protection of its values ​​and the interpretation provided by the case law and the other aspects from the point of view of the proposers which could at least contain elements of a democratic deficit.
subject: Odborné články
  topic: section
subject: democratic deficit
  topic: keywords
subject: values of the European Union
  topic: keywords
subject: protection of values
  topic: keywords
subject: judgment
  topic: keywords
creator: Martin Šimkovič
rights: Copyright (c) 2025 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-08-22
publication date: 2025-08-22
doi: 10.62874/afi.2025.1.10

PERSONAL SCOPE OF THE NIS 2 DIRECTIVE AND ITS TRANSPOSITION INTO THE LEGAL ORDERS OF SELECTED EU MEMBER STATES
type: item
description: The new cyber security legislation known as NIS 2 Directive is the second attempt to harmonize the area of ​​cyber security in the European Union. The first legislative act, the NIS Directive, did not achieve the regulator's basic objective of harmonization in this area, partly due to incorrect transposition regarding personal scope. In this contribution, the authors analyze the NIS 2 directive in the context of personal scope. In particular, the analysis will focus on how the new regulation applies to regulated entities in general, including public administration entities and those in the field of education. The cyber security legislation of two states that have already transposed the NIS 2 Directive, namely Croatia and Belgium, will also be analyzed.
subject: Vedecké články
  topic: section
subject: NIS 2 Directive
  topic: keywords
subject: personal scope
  topic: keywords
subject: public administration entities
  topic: keywords
creator: Jozef Andraško
creator: Nataša Brabcová
rights: Copyright (c) 2024 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-12-10
publication date: 2024-12-10
doi: 10.62874/afi.2024.2.01

Law-making in the EEA: The capacity of EEA/EFTA States to influence the legislative process with regard to the adoption of EEA-relevant acts
type: item
description: As members of the European Economic Area (EEA) but not of the European Union (EU), Norway, Iceland and Liechtenstein have specific mechanisms through which they can influence EEA law and thus EU law. However, their ability to enforce amendments to acts adopted in the EU is limited compared to EU Member States. They can propose amendments and provide input during consultations and decision-making processes, but ultimately must rely on negotiations and agreement with the EU to incorporate these changes. Direct enforcement of amendments to EU legislation is not within their legal powers, which highlights the limitations of their status as non-EU members within the EEA. In the present article, we look at the different ways in which Norway, Iceland and Liechtenstein can interact with EEA and EU legislation and influence its shape at different stages of the legislative process. In particular, we will focus on a content analysis of EEA/EFTA comments over the last thirty years since the EEA was established.
subject: Vedecké články
  topic: section
subject: EEA
  topic: keywords
subject: EFTA
  topic: keywords
subject: EEA EFTA Comments
  topic: keywords
subject: Decision Shaping
  topic: keywords
subject: Legislative Procedure
  topic: keywords
creator: Igor Sloboda
rights: Copyright (c) 2024 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-12-10
publication date: 2024-12-10
doi: 10.62874/afi.2024.2.07

Proxy Representation of the Employer in Labour Law Relationships
type: item
description: In this contribution, we thoroughly address the issue of legal representation of employers by proxy in the context of labour law relationships, analysing the recent Resolution of the Supreme Court of the Slovak Republic, which declared the legal act performed by a proxy on behalf of the employer to be invalid. This ruling has sparked a significant discussion regarding the legitimacy and effectiveness of proxy representing employers, particularly in cases involving employment contracts, termination of employment relationships, and other labour law acts that have direct impacts on the rights of employees. Our analysis focuses on the theoretical and practical aspects of legal representation, assessing how the legal system of the Slovak Republic formulates norms concerning representation in labour law relationships and what the implications of these norms are for employers and employees in the context of the Supreme Court’s jurisprudence. We consider the legislative frameworks and relevant case law that deal with the relationships between commercial and labour law. Special attention is also given to the interaction between these legal areas, exploring the legal and practical obstacles that may arise when applying proxy representation in labour law relationships. Given the dynamic nature of the labour market and the continuously evolving legal norms, it is essential to discuss these issues to ensure legal certainty and the protection of the rights of all parties involved.
subject: Vedecké články
  topic: section
subject: proxy
  topic: keywords
subject: power of attorney
  topic: keywords
subject: employer
  topic: keywords
subject: acting on behalf of the employer
  topic: keywords
subject: employee
  topic: keywords
subject: legal act
  topic: keywords
creator: Barbora Šestáková
creator: Ádám Sípos
rights: Copyright (c) 2024 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-12-10
publication date: 2024-12-10
doi: 10.62874/afi.2024.2.06

The impact of AI regulation on cybersecurity legislation in public administration
type: item
description: The rapid development of artificial intelligence (AI) is significantly changing the functioning of various areas of social and economic life, including public administration. This technology brings new opportunities, such as process automation, more efficient data processing, and the provision of higher-quality services to citizens. On the other hand, AI also introduces new threats, particularly in the field of cybersecurity, as it increases the risks of attacks on digital systems and infrastructure. Therefore, it is essential that the existing cybersecurity legislation in public administration adapts to these technological changes. The aim of this article is to analyze in detail how AI regulation impacts cybersecurity legislation in the public administration of the Slovak Republic. A key part of the research will focus on the thorough analysis of the effects of the European Union regulation no. 2024/1689, known as the Artificial Intelligence Act, on legal provisions related to cybersecurity and their practical application. The outcome will be the identification of key areas where amendments and updates to the legislative framework are required.
subject: Vedecké články
  topic: section
subject: Artifical intelligence
  topic: keywords
subject: cybersecurity
  topic: keywords
subject: information technologies in public governance
  topic: keywords
creator: Ervín Šimko
creator: Matúš Mesarčík
rights: Copyright (c) 2024 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-12-10
publication date: 2024-12-10
doi: 10.62874/afi.2024.2.08

Freedom of will and legal liability: freedom to act unlawfully?
type: item
description: Free will represents a fundamental prerequisite for so-called subjective responsibility, which is based on the volitional relationship of the agents to their actions and to the results of those actions. If individuals did not possess free will, they would not be able to make decisions freely about how to act, and they could not be held subjectively liable for their actions; their actions would necessarily be dependent (determined, conditioned) on other circumstances that could fundamentally originate outside the agents themselves. In this context, Aristotle's contribution to the issues of free will and responsibility for one's own actions is particularly emphasized as being the basis of this modern approach. The existence of free will, despite its general acceptance as a fundamental principle for deriving liability for one's own actions, is nevertheless sometimes questioned even today, based on several experiments from the field of cognitive sciences – among all examples, Libet's experiment and related control tests can be mentioned, which aim to demonstrate that the electrical impulses in the brain associated with certain physical activities precede the subject’s consciousness and will to act, which calls into question whether we are truly conscious agents of our actions. Even in this case, however, theorists conclude that humans still possess free will – specifically at least in the form of the ability to control, manage their actions, or not act as the brain impulses 'suggest' (expressed in the form of an English wordplay: we have free won’t rather than free will).
subject: Vedecké články
  topic: section
subject: freedom of will
  topic: keywords
subject: legal liability
  topic: keywords
subject: unlawful conduct
  topic: keywords
subject: cognitive sciences
  topic: keywords
creator: Tomáš Gábriš
rights: Copyright (c) 2024 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-12-10
publication date: 2024-12-10
doi: 10.62874/afi.2024.2.03

President Vladimir Putin as a refugee according to the Convention Relating to the Status of Refugees?
type: item
description: The paper presents reflections on the legal status of the President of the Russian Federation, Vladimir Putin, after the end of the military conflict in Ukraine in the context of international refugee law. In the first part, the paper discusses the international law on the issue of the legal status of refugees at the international and European level. The paper then highlights the limitations of the application of the international law refugee status, taking into account the relevant global case law and international legal scholarship. The authors seek to apply the above insights to the possible future status of President Vladimir Putin in the event that he is ousted as President of the Russian Federation and, as a refugee, seeks protection through the granting of refugee status. Such a status is subjected to international law analysis through the relevant international refugee and asylum law.
subject: Odborné články
  topic: section
subject: refugee
  topic: keywords
subject: asylum
  topic: keywords
subject: political opinion
  topic: keywords
subject: Vladimir Putin
  topic: keywords
subject: terrorism
  topic: keywords
creator: Dávid Maukš
creator: Matúš Jurena
rights: Copyright (c) 2024 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-12-10
publication date: 2024-12-10
doi: 10.62874/afi.2024.2.09

Supervisioning on the Government of the Slovak Republic that does not have the confidence of the National Council
type: item
description: The paper represents an effort to comprehensively deal with the issue of supervisionig on the Government of the Slovak Republic that does not have the confidence of the National Council of the Slovak Republic. The confidence of the National Council is a fundamental prerequisite for proper and long-term functioning of the Government and the exercise of all its powers. The text focuses on answering the question of whether it is possible to apply well-known control mechanisms to a Government that lacks confidence, especially a vote of no confidence by the National Council, or whether it is possible to supervise such a Government from the side of the President of the Slovak Republic. The subject of the assessment is not only the Government still applying for the confidence of the National Council, but also the Government, which, as a result of the new parliamentary elections, no longer has the confidence. Attention is also paid to the Government that prematurely lost the confidence of the National Council, as well as to the Government that never managed to gain the confidence. The paper also contains an outline of such changes in legal regulation, which would make the possibility of supervisioning on the Government that does not have the confidence more effective.
subject: Vedecké články
  topic: section
subject: Government of the Slovak Republic
  topic: keywords
subject: National Council of the Slovak Republic
  topic: keywords
subject: parliamentary form of government
  topic: keywords
subject: supervisioning on the Government that does not have the confidence
  topic: keywords
subject: vote of no confidence
  topic: keywords
creator: Marek Domin
rights: Copyright (c) 2024 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-12-10
publication date: 2024-12-10
doi: 10.62874/afi.2024.2.02

Elektronický monitoring v trestním řízení
type: item
description: The electronic tracking of people still represents a novelty in the criminal law of the Czech Republic, but the Slovak Republic too, The electronic monitoring alias electronic control is a procedural institute allowing to track, not exclusively, the accused or convicted persons. In our legal terms it is considered to be a complementary surrogate/substitute replacing the traditional mechanisms and measures as a custody or serving a sentence of house arrest. It’s essential that e-control is not a separate legal instrument, but there must be some connection to the criminal law measure or penalty. This contribution is devided into two parts. The first part is oriented to the legal basis of exploitation of the e-monitoring in criminal matters, included many pitfalls and imperfections. The second section deals with technical and operational conditions of exploitation of the e-monitoring from a practical point of view. The aim of this contribution is to approximate and summarize the fundaments of e-monitoring, primarily in the Czech Republic, with a reference to its closer complications and considerations about a possible solutions.
subject: Vedecké články
  topic: section
subject: electronic control
  topic: keywords
subject: monitoring
  topic: keywords
subject: tracking
  topic: keywords
subject: e-control
  topic: keywords
subject: e-monitoring
  topic: keywords
subject: criminal proceedings
  topic: keywords
subject: custody
  topic: keywords
subject: house arrest
  topic: keywords
creator: Štěpán Kořínek
rights: Copyright (c) 2024 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-12-10
publication date: 2024-12-10
doi: 10.62874/afi.2024.2.05

Administrative Disciplinary Offences from the Point of View of the European Court of Human Rights’ Case-Law
type: item
description: The paper analyses administrative disciplinary offences that are distinguished from other administrative offences by their object and subject matter, and involve natural persons in specific legal relations with public institutions. The article also analyses how the Slovak legislation and the case law of the European Court of Human Rights (ECtHR) perceive these offences, especially in relation to their classification as “criminal charges” under Article 6 of the Convention. Relevant decisions of the ECtHR (Le Compte, Van Leuven and De Meyere v. Belgium, Ramos Nunes De Carvalho e Sá v. Portugal, Polyakh and others v. Ukraine, Peleki v. Greece, Reczkowicz v. Poland and Grace Gatt v. Malta) are presented, where the ECtHR ruled on the application of Article 6 in the context of disciplinary proceedings and their classification under the civil branch of Article 6. The article focuses on the interpretation of these decisions and their implications for Slovak legal practice. The article concludes with a discussion of the differences between the Slovak and European perspectives on disciplinary offences and their fair assessment. Slovak legal system considers disciplinary offences as matters of administrative (criminal) punishment, while the ECtHR requires that these offences meet Engel's criteria defined for the criminal branch of Article 6 of the Convention in order to be classified as such. However, if a disciplinary offence involves serious sanctions, the ECtHR will apply the civil branch of Article 6 and its safeguards.
subject: Vedecké články
  topic: section
subject: administrative disciplinary offences
  topic: keywords
subject: disciplinary offences
  topic: keywords
subject: Article 6 of the Convention
  topic: keywords
subject: notion of criminal charge
  topic: keywords
subject: civil branch of Article 6
  topic: keywords
subject: criminal branch of Article 6
  topic: keywords
creator: Matej Horvat
creator: Tomáš Garžík
creator: Martin Krajči
creator: Alžbeta Zemanová
rights: Copyright (c) 2024 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-12-10
publication date: 2024-12-10
doi: 10.62874/afi.2024.2.04