Comenius: Acta Facultatis Iuridicae Universitatis Comenianae
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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 was 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. The magazine is published in two issues per year, at present and since 2026 there has been a transition to a continuous publication system. Articles are assigned to the relevant issue and published online immediately after the completion of the review and editorial process. From issue 1/2026, it is published under the name Comenius: Acta Facultatis Iuridicae Universitatis Comenianae.
publisher: Univerzita Komenského v Bratislave, Právnická fakulta
language: en
publication name: Comenius: Acta Facultatis Iuridicae Universitatis Comenianae
issn: 2729-8027
items: Access to the abortion pill as a form of medical termination of pregnancy
items: State accountability and transparency of non-governmental organizations
items: Preventive Attack – Legal Category or International Law Illusion?
items: Why is the Old Testament (and New Testament) not really a testament?
items: Declaration of a Referendum by the President of the Slovak Republic
items: Economic analysis of law and its application in setting the boundaries of damage
items: On administrative liability for hate speech
items: Current Developments in the Intersection of Sustainability and FinTech
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: 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

Access to the abortion pill as a form of medical termination of pregnancy
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description: The article examines the availability of medical abortion in the conditions of the Slovak Republic from the perspective of legal regulation, application practice, and the constitutional framework. It analyzes the applicable legislation and points out that, although Slovak law does not explicitly prohibit medication abortion, it is not available in practice. Particular attention is given to the absence of registration of the active substance mifepristone and its consequences, including legal uncertainty for healthcare professionals. The article also employs a comparative analysis of the legal regulation in the Czech Republic and the Republic of Austria, where medication abortion is a standard part of healthcare services. The aim of the article is to assess whether the unavailability of medication abortion in the Slovak Republic is in compliance with its international obligations and constitutional requirements, particularly the right to health protection and the principle of legal certainty.
subject: scientific articles
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creator: Patrícia Fiamová
creator: Monika Fargašová
rights: Copyright (c) 2026 Comenius: Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-05-28
publication date: 2026-05-28
starting page: 145
ending page: 166
doi: 10.46282/afi.2026.1.07

State accountability and transparency of non-governmental organizations
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description: The article addresses the issue of transparency of non-governmental organizations (NGOs) in the context of the growing importance of civil society and current security challenges. It highlights the phenomenon of so-called proxy organizations, which may represent the interests of states, corporations, or other actors, while their links often remain hidden or deliberately disguised. The author analyzes contemporary forms of these organizations, including shell companies, front organizations, and astroturfing efforts, emphasizing the risks their activities pose to the integrity of democratic processes and state security. The focus is placed on the legislation adopted in the Slovak Republic in 2025, its objectives, shortcomings, and the response of both domestic and international stakeholders. The analysis takes into account the case law of the European Court of Human Rights and the Court of Justice of the EU, as well as the recommendations of FATF and OECD, which emphasize the need for increased financial transparency of NGOs. The author provides a detailed description of the legislative process, proposed obligations, issues of proportionality, and interference with fundamental rights and freedoms. The conclusion points to persisting doubts regarding the adequacy of the adopted law, assuming that the final position on its compliance with constitutional and international law will be delivered by the Constitutional Court of the Slovak Republic.
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creator: Miroslav Čellár
rights: Copyright (c) 2026 Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-04-14
publication date: 2026-04-14
starting page: 3
ending page: 15
doi: 10.46282/afi.2026.1.01

Preventive Attack – Legal Category or International Law Illusion?
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description: The article examines the legal status of preventive use of force in international law, with regard to the UN Charter, ICJ jurisprudence, and the dominant doctrine. It focuses on distinguishing between anticipatory (preemptive) and preventive self-defence and analyses post-9/11 trends, including the “unable or unwilling” doctrine. Through case studies (Israel 1967, Iraq 2003, operations against ISIS), it assesses whether a new customary norm is emerging. The conclusion confirms that preventive attack in the narrow sense remains outside the framework of permissible use of force, although technological developments and the changing nature of threats are pushing toward a reconsideration of the concept of imminence.
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creator: Peter Lysina
rights: Copyright (c) 2026 Comenius: Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-05-06
publication date: 2026-05-06
starting page: 56
ending page: 96
doi: 10.46282/afi.2026.1.04

Why is the Old Testament (and New Testament) not really a testament?
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description: The title New (and Old) Testament is commonly used in the English-speaking world to denote the corpus of biblical books that form the key source for the teaching of one of the most widespread religions in the world, Christianity. However, the first part of the book, as the source for the second part, is central to another world religion, Judaism, which is the cornerstone for the emergence and subsequent development of Christian teaching. The issue of terminology for the designation of these books is not relevant for the source religion (Judaism), but is somewhat crucial for the understanding and interpretation of the Scripture in the Christian theology. Just as it is not right to divide the sacred and secular in ancient times concerning everyday life, it is not proper to set aside the law from the divine, since the right relationship with a deity was key to the prosperity of the nation and this relationship was based on mutual expectations and obligations. This aspect of the relationship with the divine in the sense of an obligation is what we want to explore in this article, thus answering also the terminological issues arising from the use of the word testament to designate the biblical corpus, along with other terms such as πίστις and ομολογώ.
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creator: Valéria Terézia Dančiaková
rights: Copyright (c) 2026 Comenius: Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-05-13
publication date: 2026-05-13
starting page: 117
ending page: 144
doi: 10.46282/afi.2026.1.06

Declaration of a Referendum by the President of the Slovak Republic
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description: The article deals with the position of the President of the Slovak Republic in declaring a Referendum. It maps this position not only against the backdrop of constitutional provisions and their changes but especially in the context of the case law of the Constitutional Court of the Slovak Republic regarding the declaration of a Referendum, which has been developing since the establishment of the Slovak Republic. The article tests the hypothesis that the President of the Slovak Republic does not decide on declaring a Referendum merely formally, but that this authority is filled with substantive content shaped by case law. It is thus not just about the formal announcement of a Referendum by the head of state, but about a genuine assessment of the petition and referendum question in terms of compliance with the Constitution. The article points out that formal changes to the Constitution have not affected the substance of the case law of the Constitutional Court of the Slovak Republic on the declaration of a Referendum. It is therefore possible to speak of a consistent case law that establishes a strong position for the President of the Slovak Republic in declaring a Referendum.
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creator: Boris Balog
rights: Copyright (c) 2026 Comenius: Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-04-16
publication date: 2026-04-16
starting page: 16
ending page: 34
doi: 10.46282/afi.2026.1.02

Economic analysis of law and its application in setting the boundaries of damage
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description: The article examines economic analysis of law, with particular emphasis on its application in criminal law. The study explores the use of economic approaches in the creation, interpretation, and evaluation of legal norms aimed at maximizing social welfare and the overall efficiency of the legal system. The author applies these principles to the analysis of models for determining the amount of damage as a qualifying element of criminal offenses. Special attention is devoted to the comparison of two approaches to setting damage thresholds: a system of fixed statutory amounts and an alternative relative model linked to dynamic economic indicators. Each model is assessed through the lens of cost–benefit analysis. From the perspective of economic efficiency, the article argues that the primary challenge does not lie in the fixed model itself, but rather in the absence of a mechanism for its systematic reassessment in light of economic developments. The article thus highlights the value of economic analysis in legislative design and opens a discussion on the adequacy of the current regulation of damage thresholds in Slovak criminal law.
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creator: Sara Zsemlyova
rights: Copyright (c) 2026 Comenius: Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-05-11
publication date: 2026-05-11
starting page: 97
ending page: 116
doi: 10.46282/afi.2026.1.05

On administrative liability for hate speech
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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.
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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
starting page: 155
ending page: 176
doi: 10.46282/afi.2025.2.09

Current Developments in the Intersection of Sustainability and FinTech
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description: The article examines the phenomenon of green FinTech from an interdisciplinary perspective – from the viewpoint of financial law, regulation, and digital technologies. Green FinTech, defined as a technology-driven innovation in financial services that enhances transparency and efficiency of sustainable financing, represents a strategic tool for directing capital towards environmentally responsible projects in the context of global climate challenges and the Paris Agreement. The author analyzes the conceptual delineation of green FinTech in relation to green, sustainable, and eco-innovation, its technological core (blockchain, AI, big data), the legal-regulatory framework (EU Green Deal, SFDR, EU Taxonomy, DSA), and key products (green loans, ESG platforms, carbon footprint compensation tools). In conclusion, the author emphasizes the need for quality regulation including sandboxes, credible ESG methodologies, and balancing innovation with consumer protection, as well as space for empirical research on the impacts of green FinTech in the EU legal space. The article provides groundwork for developing effective financial-legal policies aimed at decarbonization and the green digital economy.
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creator: Dávid Kis
rights: Copyright (c) 2026 Comenius: Acta Facultatis Iuridicae Universitatis Comenianae https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-04-28
publication date: 2026-04-28
starting page: 35
ending page: 55
doi: 10.46282/afi.2026.1.03

Brexit and Its Impact on Slovak Private International Law: The State of Jurisdiction, Recognition, and Enforcement of Judgments 5 Years After Brexit (2nd part)
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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.
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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
starting page: 92
ending page: 112
doi: 10.46282/afi.2025.2.06

Terror versus Terrorist Attack
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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.
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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
starting page: 36
ending page: 51
doi: 10.46282/afi.2025.2.03

Protection of creditors in domestic and cross-border changes of the legal form
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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.
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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
starting page: 69
ending page: 91
doi: 10.46282/afi.2025.2.05

The ability of large language models to reason logically
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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.
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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
starting page: 52
ending page: 68
doi: 10.46282/afi.2025.2.04

On the (Non)Binding Nature of the Slovak Local Referendum Results: Direct Democracy Contra/Pro General Binding Regulation
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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.
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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
starting page: 16
ending page: 35
doi: 10.46282/afi.2025.2.02

Protection of Sexual Minorities in the European Union
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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.
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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
starting page: 129
ending page: 154
doi: 10.46282/afi.2025.2.08

Making the fight against illegal activities in the field of waste management more effective
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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
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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
starting page: 191
ending page: 201
doi: 10.46282/afi.2025.2.11

The position of co-owners within the association of land development participants and their omitted rights
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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.
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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
starting page: 113
ending page: 128
doi: 10.46282/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
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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.
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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
starting page: 3
ending page: 15
doi: 10.46282/afi.2025.2.01

Conflict of Laws rules in the Digital Age: Challenges for Slovak Private International Law
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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: scientific articles
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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
starting page: 69
ending page: 94
doi: 10.62874/afi.2025.1.04

Protection of soft targets
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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.
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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
starting page: 49
ending page: 68
doi: 10.62874/afi.2025.1.03

Recidivism through the lens of criminology and criminal law past, present and future
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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.
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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
starting page: 24
ending page: 48
doi: 10.62874/afi.2025.1.02

Administrative and legal sanctions in the field of toxic fashion
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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.
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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
starting page: 177
ending page: 190
doi: 10.46282/afi.2025.2.10

Old Problem, New Challenges: Age Discrimination
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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.
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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
starting page: 182
ending page: 204
doi: 10.62874/afi.2025.1.09

ILLEGAL EMPLOYMENT AND ITS IMPACT ON SOCIETY
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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: scientific articles
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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
starting page: 3
ending page: 23
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)
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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.
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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
starting page: 95
ending page: 117
doi: 10.62874/afi.2025.1.05

How is the approach to criminal policy changing in Slovakia and the Czech Republic?
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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.
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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
starting page: 140
ending page: 167
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
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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.
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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
starting page: 118
ending page: 139
doi: 10.62874/afi.2025.1.06

Criminal law challenges in the digital age: unauthorised access to a computer system and cyberbullying
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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.
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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
starting page: 168
ending page: 181
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
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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.
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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
starting page: 205
ending page: 222
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
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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.
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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
starting page: 3
ending page: 27
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
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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.
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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
starting page: 140
ending page: 164
doi: 10.62874/afi.2024.2.07